nixstor
07-02 10:46 PM
Guys,
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
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CADude
02-20 06:32 PM
If possible, please change it without any delay? EB3 is only able to cross past May 2001 for 3 times in last 3 years where EB2 are enjoying GC most of time. No point in playing wait game with EB3 India. Otherwise, you will wait for-ever. :)
Does anyone want to make a guess of when EB3 India 2002 will become current ? I am thinking of changing the case to EB2.. Should I change my case or should I wait for EB3 to be current ?
Does anyone want to make a guess of when EB3 India 2002 will become current ? I am thinking of changing the case to EB2.. Should I change my case or should I wait for EB3 to be current ?
pappu
04-05 11:52 AM
One more day to go before the end of this campaign.
Here is another incentive to make these call:
I will donate $ 5 to IV, for each member that makes these call from now on till end of the day tomorrow. I know, your hourly billing rates are way higher :) but this is what I can do for now.
I already called all the people on the list, it was easy. Office staff members were patient and friendly. Show me what you got!
http://immigrationvoice.org/forum/showthread.php?p=56064#post56064
Please join this campaign
Here is another incentive to make these call:
I will donate $ 5 to IV, for each member that makes these call from now on till end of the day tomorrow. I know, your hourly billing rates are way higher :) but this is what I can do for now.
I already called all the people on the list, it was easy. Office staff members were patient and friendly. Show me what you got!
http://immigrationvoice.org/forum/showthread.php?p=56064#post56064
Please join this campaign
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EkAurAaya
09-26 03:10 PM
Dear Reader,
Thank you for your interest in FSB. We admit that there was a
mischaracterization of the Capitol Hill rally in the story and it was
corrected as soon we realized the error.
We have changed the story to correctly identify the mission as a protest of
the long delays in securing green cards for highly-skilled workers already
in the U.S.
We will work to avoid errors like this in the future.
Best regards,
FSB
In response to....
"Last week 1,000 protestors-mostly legal immigrants-drew attention to the
situation of highly skilled foreigners who want to work for companies in the
U.S. by marching on Capitol Hill."
Above statement is totally wrong! you are seriously misguiding readers by your above statement... the rally was for clearing up backlog of petitions filed
for Green Cards not for increasing H1b. You should really contact the source, in this case Immigration Voice to learn what was the rally about. info@immigrationvoice.org
Thank you for your interest in FSB. We admit that there was a
mischaracterization of the Capitol Hill rally in the story and it was
corrected as soon we realized the error.
We have changed the story to correctly identify the mission as a protest of
the long delays in securing green cards for highly-skilled workers already
in the U.S.
We will work to avoid errors like this in the future.
Best regards,
FSB
In response to....
"Last week 1,000 protestors-mostly legal immigrants-drew attention to the
situation of highly skilled foreigners who want to work for companies in the
U.S. by marching on Capitol Hill."
Above statement is totally wrong! you are seriously misguiding readers by your above statement... the rally was for clearing up backlog of petitions filed
for Green Cards not for increasing H1b. You should really contact the source, in this case Immigration Voice to learn what was the rally about. info@immigrationvoice.org
more...
ramus
07-04 03:39 PM
bump
shivaz90
07-13 11:44 AM
Reading through this thread I find this intense debate about the value and intentions of Murthy's letter.
Let's first deal with the value part: This letter could be from any one of us or anybody else from Timbuktu. Why does this letter have any special significance except that the DHS secretary may read it because Murthy and the secretary are alumni of the same institution (see how carefully this part is added to the letter for our consumption). Now this feeds into the intention part. Even if Murthy wrote a letter to the DHS Secretary why did she have to publicize it on her website (except for the gullible among us to take notice). Generally publicized letters have value if they are from some influential policy maker or lawmaker. In this case Murthy is neither and so her letter does not add or subtract any value to this debate. So we are left with the question of who gains by publicizing this letter. Your guess is as good as mine.
Ultimately I am left wondering why this thread was started in the first place except to garner cheap publicity. Do we really have so much time on our hands?
"Why does Murthy publicize such a letter?" - well it means that she has a client base who needs to know what she is doing in her capacity as thier attorney. Second - there are thousands of Murthy.com members who are neither her client nor her well wishers - but who go to her site to find what is going on latest in the world of Immigration. Not to discredit anyone's effort in this issue - ask any immigrant or potential immigrant into this country about immigration related question, I can guarantee you that they have gained almost all thier knowledge about the process from Murthy.com site. Intended or unintended - the message to DHS is welcome, particularly at this time, be it from whoever.
Anyone who has been a regular murthy.com visitor knows that her site consists of all her interactions with all the Agency people and government officials regarding immigration. Its called the "Internet". People post stuff - period! If it is meant to garner attention, yes, people will post messages. Its far better than a bunch of goof balls posting in youtube about thier experience with coke and spearmint. Please come out of the caves - people.
Let's first deal with the value part: This letter could be from any one of us or anybody else from Timbuktu. Why does this letter have any special significance except that the DHS secretary may read it because Murthy and the secretary are alumni of the same institution (see how carefully this part is added to the letter for our consumption). Now this feeds into the intention part. Even if Murthy wrote a letter to the DHS Secretary why did she have to publicize it on her website (except for the gullible among us to take notice). Generally publicized letters have value if they are from some influential policy maker or lawmaker. In this case Murthy is neither and so her letter does not add or subtract any value to this debate. So we are left with the question of who gains by publicizing this letter. Your guess is as good as mine.
Ultimately I am left wondering why this thread was started in the first place except to garner cheap publicity. Do we really have so much time on our hands?
"Why does Murthy publicize such a letter?" - well it means that she has a client base who needs to know what she is doing in her capacity as thier attorney. Second - there are thousands of Murthy.com members who are neither her client nor her well wishers - but who go to her site to find what is going on latest in the world of Immigration. Not to discredit anyone's effort in this issue - ask any immigrant or potential immigrant into this country about immigration related question, I can guarantee you that they have gained almost all thier knowledge about the process from Murthy.com site. Intended or unintended - the message to DHS is welcome, particularly at this time, be it from whoever.
Anyone who has been a regular murthy.com visitor knows that her site consists of all her interactions with all the Agency people and government officials regarding immigration. Its called the "Internet". People post stuff - period! If it is meant to garner attention, yes, people will post messages. Its far better than a bunch of goof balls posting in youtube about thier experience with coke and spearmint. Please come out of the caves - people.
more...
potatoeater
05-26 04:36 PM
I-94 is a complete proof of your immigration status in the US.
carrying your gc is understandable, its just a card like your license.
But expecting folks to carry their immigration papers all the time, even when they haven't travelled abroad is a bit too much. As long as i have my license or state id with me, it should suffice.
This is just a classic case of harassing immigrants.
carrying your gc is understandable, its just a card like your license.
But expecting folks to carry their immigration papers all the time, even when they haven't travelled abroad is a bit too much. As long as i have my license or state id with me, it should suffice.
This is just a classic case of harassing immigrants.
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amulchandra
02-01 06:48 PM
I am on H4 for the past 2years and this year I am trying to move to H1. The problem here is no big company responds to my resume.(Mine is not a cooked up resume. I have 6 years of experience and a lot of certifications). The only calls I get is from desi consulting firms. No US staffing firm nor BIG US firm sponsors H1s for first timers like me in US as we don't have US experience. They get their jobs done through consultants on Corp-Corp basis. Sometimes I am getting depressed seeing all this. May be I think I am forced now to go to a consulting firm to get my H1b because they are the only people who sponsor H1s in April to work in October which is 8 months from now. The system has to be revamped otherwise this system is going to exploit a lot of people like me. I cannot wait till we get a green card or work permit because it looks like it is a million years away from now. One thing I understood is that H4 dependents have no rights in this country and they talk about human rights violations elsewhere.
more...
i4u
04-26 10:25 AM
Hi,
I am currently on L1B visa since Mar09, another employer is offering for my h1b visa. I have below queries for l1 to h1 conversion process :
1) How much time I can stay on H1 if I apply H1b now ? My total stay in US on L1 is 1 year 7 months, not a continuous one !!!
2) What are the good options/approach to file for H1 considering the fact that I want work with current employer on L1B for current project ?
3) Can I apply for H1 now and later do COS any time after October ?If yes, what is the max time before I need to do COS after H1 approval ?
4) How about if my current project completes before oct 1st and I have already applied for h1 ?
Kindly help me for above questions, would appreciate your help.
Thanks in advance.
Your current employer or new employer has to file the H1, and it will be subject to H1B cap; Processing times for COS petitions vary between 2-4 months.
Take advice from a lawyer for specific details. Check out the IV wikki pages
L1 Visa - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/L1_Visa)
I am currently on L1B visa since Mar09, another employer is offering for my h1b visa. I have below queries for l1 to h1 conversion process :
1) How much time I can stay on H1 if I apply H1b now ? My total stay in US on L1 is 1 year 7 months, not a continuous one !!!
2) What are the good options/approach to file for H1 considering the fact that I want work with current employer on L1B for current project ?
3) Can I apply for H1 now and later do COS any time after October ?If yes, what is the max time before I need to do COS after H1 approval ?
4) How about if my current project completes before oct 1st and I have already applied for h1 ?
Kindly help me for above questions, would appreciate your help.
Thanks in advance.
Your current employer or new employer has to file the H1, and it will be subject to H1B cap; Processing times for COS petitions vary between 2-4 months.
Take advice from a lawyer for specific details. Check out the IV wikki pages
L1 Visa - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/L1_Visa)
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lazycis
12-20 08:35 PM
Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.
more...
seeker999
08-12 09:36 AM
I like the idea of separate fund for EB3.
Is there no one in IV admins /founders who are interested in EB3?
I believe we need to have a EB3 wing in IV ,Ideally the max donors in EB3 ( atleast 10) can be the decision makers and can ensure EB3 voice is also heard.
We should have the % board members in IV from EB3 wing reflecting the amounts donated by EB3.
Looks like we already have Patton Boggs lobbying for IV. Did any EB3 candidate ever given an chance to interact with them. Exactly how does this work ?
http://immigrationvoice.org/index.php?option=com_content&task=view&id=43&Itemid=48
I feel that if given a chance to talk to Patton Boggs and present our views. There can be huge amounts of funds that can be raised.
Is there no one in IV admins /founders who are interested in EB3?
I believe we need to have a EB3 wing in IV ,Ideally the max donors in EB3 ( atleast 10) can be the decision makers and can ensure EB3 voice is also heard.
We should have the % board members in IV from EB3 wing reflecting the amounts donated by EB3.
Looks like we already have Patton Boggs lobbying for IV. Did any EB3 candidate ever given an chance to interact with them. Exactly how does this work ?
http://immigrationvoice.org/index.php?option=com_content&task=view&id=43&Itemid=48
I feel that if given a chance to talk to Patton Boggs and present our views. There can be huge amounts of funds that can be raised.
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Roger Binny
10-10 01:35 PM
Just to avoid all this , You can say I'm a US citizen and move on. They cannot ask for any verification can they?
That is the riskiest and BS advice one can give on forums, specially in these.
Yes,exactly same including me my friends were asked for passport, we didn't know that we need to carry each one faced around 20-30 mins of interview.
That is the riskiest and BS advice one can give on forums, specially in these.
Yes,exactly same including me my friends were asked for passport, we didn't know that we need to carry each one faced around 20-30 mins of interview.
more...
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smuggymba
07-12 04:44 PM
Hi,
My PD is March 1st 2006. Just wondering is March 1st is in or out? i.e. cut off is March 2nd or March 1st?
thanks,
Rwe
be ready next month my friend.
My PD is March 1st 2006. Just wondering is March 1st is in or out? i.e. cut off is March 2nd or March 1st?
thanks,
Rwe
be ready next month my friend.
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vagish
04-04 11:21 AM
I don't think this bill would be of any consequence to the goal of IV unless they can maybe attach some GC-relief provisions to it.
In reality this bill will never ever make it to the full Senate floor. Corporate America will ensure that it dies the same kind of death as all the immigration related bills from last year.
I think it is true coporate america will not allow it to go through, but it is also true that any bill faverable to the H1B and or GC will also have the same death
as this one , do not underestimate the anti - immigration and unions clout
on democrats, if corporate america wants H1B increase it will come at a price,
more no free rides for corporate america as well.
that is the reason why we see stalemate for any kind of immigration bill, neither side is able to push anything.
thanks
In reality this bill will never ever make it to the full Senate floor. Corporate America will ensure that it dies the same kind of death as all the immigration related bills from last year.
I think it is true coporate america will not allow it to go through, but it is also true that any bill faverable to the H1B and or GC will also have the same death
as this one , do not underestimate the anti - immigration and unions clout
on democrats, if corporate america wants H1B increase it will come at a price,
more no free rides for corporate america as well.
that is the reason why we see stalemate for any kind of immigration bill, neither side is able to push anything.
thanks
more...
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rajuram
03-23 04:02 PM
Economy was slow in 2001 -02, how come there are so many people from that time?
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DDD
03-14 07:03 PM
well someone issue the challenge. We can pick up where the BB contest was at. Basically a boxing robot or something like that. Not sure if we want to do realism and all that tho. I can pretty much only do it on weekends so a 4-6 week time frame sounds good.
more...
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sagar_nyc
06-10 02:07 PM
This is correct. EAD is based on pending 485 in most of our case. that's it.
what the heck r u talking. i just renewed my EAD myself, no employment letter, no pay slip, no crap. Don't blabber if you dont know the details.
what the heck r u talking. i just renewed my EAD myself, no employment letter, no pay slip, no crap. Don't blabber if you dont know the details.
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miapplicant
09-10 03:25 PM
Someone please confirm...
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anilsal
12-26 04:10 PM
You have pretty much written my hit list. I could not have put it in better words.
Just to add I work for a bank and to open an account within bank I had to go through a long paper process, whereas any outsider (Citizen/GC) can get it in 5 min online.
But as a bank employee I do understand that while we at bank would love to open all accounts online (less cost and all) the US government has restrictions under Know your customer requirement, that prevents us from doing so. So while most of the business understand that they are losing business they are pretty much restricted by the laws of the land.
there are two ways out of it:
1. Support legislative action for getting GC faster, for that support IV.
2. Make the immigrant group a huge economic success that the business has incentive to provide it better services.
But the whole mortgage industry is providing home loans to illegals. Now how did they work around it? Of course the competition defined it.
Just to add I work for a bank and to open an account within bank I had to go through a long paper process, whereas any outsider (Citizen/GC) can get it in 5 min online.
But as a bank employee I do understand that while we at bank would love to open all accounts online (less cost and all) the US government has restrictions under Know your customer requirement, that prevents us from doing so. So while most of the business understand that they are losing business they are pretty much restricted by the laws of the land.
there are two ways out of it:
1. Support legislative action for getting GC faster, for that support IV.
2. Make the immigrant group a huge economic success that the business has incentive to provide it better services.
But the whole mortgage industry is providing home loans to illegals. Now how did they work around it? Of course the competition defined it.
pappu
05-08 11:58 PM
coopheal,
I think it is a good idea, just contributed, thanks!
insbaby we are unable to verify your contribution. Could you send us your transaction details, IV handle and the email used to contribute. We can check and get back to you if there was an error.
I think it is a good idea, just contributed, thanks!
insbaby we are unable to verify your contribution. Could you send us your transaction details, IV handle and the email used to contribute. We can check and get back to you if there was an error.
ak27
11-20 10:51 AM
Hello,
I am from Plainsboro NJ..
TL PD 09/20/2004
PERM Conv stuff for last 8 months..
What is the best way to invite folks to join IV..
NJ has south asian programming on comcast on Sat and Sun. Can we some how put something through them.
Also, should we try to meet Newly Elect Sen Bob Menedez and try explain our situations.
Let us try to do our bit folks....
I am from Plainsboro NJ..
TL PD 09/20/2004
PERM Conv stuff for last 8 months..
What is the best way to invite folks to join IV..
NJ has south asian programming on comcast on Sat and Sun. Can we some how put something through them.
Also, should we try to meet Newly Elect Sen Bob Menedez and try explain our situations.
Let us try to do our bit folks....
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