lazycis
02-14 09:23 AM
http://www.immigration.com/litigation/I-485_litigation.html
Read
this
http://www.immigration.com/litigation/I-485/Plaintiff%27s%20Supplemental%20Memorandum.pdf
this
http://www.immigration.com/litigation/I-485/Defendant%27s%20Supp.%20Memorandum.pdf
and this
http://www.immigration.com/litigation/I-485/order_class_denied.pdf
Read
this
http://www.immigration.com/litigation/I-485/Plaintiff%27s%20Supplemental%20Memorandum.pdf
this
http://www.immigration.com/litigation/I-485/Defendant%27s%20Supp.%20Memorandum.pdf
and this
http://www.immigration.com/litigation/I-485/order_class_denied.pdf
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JazzByTheBay
12-13 09:09 PM
Probably the best argument I've read all day, and your take on it makes a lot more sense - great for a sanity check! :)
cheers!
jazz
As you use the phrase Check Mate....
Chess is all about thinking strategically several moves ahead.
Given the current political climate on immigration I think that we will be in a check mate position (on the loosing end) if we pursue that road.
The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing. If we lost in lower courts the Supreme Court would probably refuse to hear the appeal, in the mean time we'd have just stirred up the anti's hornets nest against us, just as much if not worse than against the illegals.
Asking Congress to make small changes in the existing laws annoys the anti's. Telling them or forcing them to wholesale rewrite their laws would make us public enemy #1. We would be lucky to have more than a handful of law makers willing to stand up for us. It would kill off all lobbying ability.
Think of lobbying as polite negotiation.
Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.
I would rather negotiate than fight, I would rather lobby than court challenge.
So yes, check mate, if we follow this route.
Alternatively, a British phase: Royally screwed!
cheers!
jazz
As you use the phrase Check Mate....
Chess is all about thinking strategically several moves ahead.
Given the current political climate on immigration I think that we will be in a check mate position (on the loosing end) if we pursue that road.
The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing. If we lost in lower courts the Supreme Court would probably refuse to hear the appeal, in the mean time we'd have just stirred up the anti's hornets nest against us, just as much if not worse than against the illegals.
Asking Congress to make small changes in the existing laws annoys the anti's. Telling them or forcing them to wholesale rewrite their laws would make us public enemy #1. We would be lucky to have more than a handful of law makers willing to stand up for us. It would kill off all lobbying ability.
Think of lobbying as polite negotiation.
Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.
I would rather negotiate than fight, I would rather lobby than court challenge.
So yes, check mate, if we follow this route.
Alternatively, a British phase: Royally screwed!
lazycis
02-14 05:17 PM
Another prove of government misconduct is violation of regulations
In addition to the aspirational 180-day deadline in 8 U.S.C. � 1571(b), the 8 C.F.R. � 103.2(b)(18) sets forth a detailed timetable for “withholding adjudication of a visa petition or other application if . . . an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion . . . .”
I doubt these regulations were followed in thousands of delayed I-485s.
http://immigrationvoice.org/forum/showpost.php?p=223449&postcount=3
We have also over a hundred WOM rulings were court acknowledged that the USCIS "unreasonably delayed" adjudication of applications. Moreover, the USCIS intentionally pushed people to go to court
http://bibdaily.com/pdfs/Mocanu%201-14-08.pdf
"For reasons stated at the hearing and in this Memorandum, I have reached a tentative conclusion that Defendant USCIS, overwhelmed by these applications, has adopted a strategy of favoring delay by litigation, instead of developing an orderly and transparent administrative resolution. Although this strategy is often evident in private party damages litigation, it is improper in these cases."
In addition to the aspirational 180-day deadline in 8 U.S.C. � 1571(b), the 8 C.F.R. � 103.2(b)(18) sets forth a detailed timetable for “withholding adjudication of a visa petition or other application if . . . an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion . . . .”
I doubt these regulations were followed in thousands of delayed I-485s.
http://immigrationvoice.org/forum/showpost.php?p=223449&postcount=3
We have also over a hundred WOM rulings were court acknowledged that the USCIS "unreasonably delayed" adjudication of applications. Moreover, the USCIS intentionally pushed people to go to court
http://bibdaily.com/pdfs/Mocanu%201-14-08.pdf
"For reasons stated at the hearing and in this Memorandum, I have reached a tentative conclusion that Defendant USCIS, overwhelmed by these applications, has adopted a strategy of favoring delay by litigation, instead of developing an orderly and transparent administrative resolution. Although this strategy is often evident in private party damages litigation, it is improper in these cases."
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reddymjm
09-23 04:35 PM
One thing, assume if it works out and 50% of the people are able to buy houses and get the GC, they are out of the queue right, so automatically the back logs are gone and the remaining people not able to buy the house will get benifited.
I am waiting for my GC to buy a house.
I am waiting for my GC to buy a house.
more...
poorslumdog
05-03 01:21 AM
in this thread... last 1o posts are about newtoearth...
people will take peosonally and call names when they can't argue with facts...
if you can talk on the issue lets discuss else (I know this is what you want when you know that you don't have any facts to support you...)
What is relationship to my ID and Attack on Indian Army by Eelam Guys, Real Stupid ...
... I have been so non popular only aravas browsing the thread...
Hey you know what..
There are many Indian Languages top of you in population in India or in rest of the world
Hindi
PANJABI
Bengali
Telugu
all of the above comminities are living all over the world.. But no one made any noise...
Now you think.. where the problem is .. Every body mingled with locals...
But if any one sees Singapore, Malasia, or SL. you know ...
Enough...
I am out of this disscussion if some one is talking it personally
What about Hindi guys are kicked out in asam and Mumbai. Malasiya, Singapore and SL have tamil population and thats why the noise is.
Basically you are a singala guy in this forum for long time and created this id to today to fight with tamils. Because no other indian guy will call tamil as arava...In fact we hear it for the first time and no one knows or cares what it means.
people will take peosonally and call names when they can't argue with facts...
if you can talk on the issue lets discuss else (I know this is what you want when you know that you don't have any facts to support you...)
What is relationship to my ID and Attack on Indian Army by Eelam Guys, Real Stupid ...
... I have been so non popular only aravas browsing the thread...
Hey you know what..
There are many Indian Languages top of you in population in India or in rest of the world
Hindi
PANJABI
Bengali
Telugu
all of the above comminities are living all over the world.. But no one made any noise...
Now you think.. where the problem is .. Every body mingled with locals...
But if any one sees Singapore, Malasia, or SL. you know ...
Enough...
I am out of this disscussion if some one is talking it personally
What about Hindi guys are kicked out in asam and Mumbai. Malasiya, Singapore and SL have tamil population and thats why the noise is.
Basically you are a singala guy in this forum for long time and created this id to today to fight with tamils. Because no other indian guy will call tamil as arava...In fact we hear it for the first time and no one knows or cares what it means.
venky321
01-14 07:08 AM
Page 5 says that if the petitioner is a software developmentt company; where the beneficiary is placed at a client on a long term basis, but using the designs or developing an application of the petitioning company; and the beneficiary reports weekly to a manager of the software development company.
This might work for large IT companies who develop entire software solutions and who might staff an entire project for a client on a own. But others who are only staffing companies; even if they are large may not be able to show the required control.
This might work for large IT companies who develop entire software solutions and who might staff an entire project for a client on a own. But others who are only staffing companies; even if they are large may not be able to show the required control.
more...
another one
07-13 08:27 AM
The point of the thread is that many people now think that cost of american dream is greater than the opportunity, and the balance is tilting in favor of other countries. Everyone makes their own assessment. No point in getting personal about it. Just a suggestion..using phrases like "suck blood out your body" will just reduce the effect of your argument.
And Do you (canadian wanna be) have any clue that to get respected salary and position you will be forced by illiterate Canadians to have "Professional Engineering Certificates"... It will suck blood out of your body for 5 years... So just do not read "Greener Side" of Canadian Immigration... I know it may not be applicable to all but more or less most of will have to face the same music in their careers. My all Canadian friends and relatives want to be Americans.. Only some of them practically could proceed for that.. After some stage of life it becomes hard to move families.. That is the reason they are facing now to take decision and simultaneously do not want to live in Canada anymore.. If you have 101 fever it will take 1 month to have Doctor's appointment... GST.. Higher taxes.. statistically there are chances "Most of members of this forum - Canadian Wanna Be" will have less promotions and/or increments in salary eventhough they will find themselves most skilled wherever they will work. Top posts would be the dream for most of you guys unless you start your own business.. if you understand what I am trying to tell... In USA it is not that way.... Having said this I can not say that everybody will experience the same what I am trying to portray but most fo them will.
And Do you (canadian wanna be) have any clue that to get respected salary and position you will be forced by illiterate Canadians to have "Professional Engineering Certificates"... It will suck blood out of your body for 5 years... So just do not read "Greener Side" of Canadian Immigration... I know it may not be applicable to all but more or less most of will have to face the same music in their careers. My all Canadian friends and relatives want to be Americans.. Only some of them practically could proceed for that.. After some stage of life it becomes hard to move families.. That is the reason they are facing now to take decision and simultaneously do not want to live in Canada anymore.. If you have 101 fever it will take 1 month to have Doctor's appointment... GST.. Higher taxes.. statistically there are chances "Most of members of this forum - Canadian Wanna Be" will have less promotions and/or increments in salary eventhough they will find themselves most skilled wherever they will work. Top posts would be the dream for most of you guys unless you start your own business.. if you understand what I am trying to tell... In USA it is not that way.... Having said this I can not say that everybody will experience the same what I am trying to portray but most fo them will.
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vine93
09-23 05:12 PM
Nixtor,
This idea makes much sense and I am for it.
Only hitch is how fruitful it would be launching it now. Why not to wait for next season ( Probably Democrats ).
This idea makes much sense and I am for it.
Only hitch is how fruitful it would be launching it now. Why not to wait for next season ( Probably Democrats ).
more...
shiankuraaf
07-21 08:36 PM
Its fine so long as they are back before their AP expires.
Thank you so much.. I really appreciate that.
Thank you so much.. I really appreciate that.
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_TrueFacts
09-04 08:12 PM
I spent almost an hr going through these massive 12 pages and concluded to support British's saying "Indians are dogs" and I want to add the following,
Kanaka
We should discuss JP. We should invite him to this forum to answer certain questions.
Kanaka
We should discuss JP. We should invite him to this forum to answer certain questions.
more...
jsb
06-04 01:17 PM
Instead of Interim GC we should demand that once Labor and I-140 is approved remove the restriction wherein a person has to stay in same job type until GC approved in other words allow the person to take any job while I-485 is pending. This will be a big benefit and logically makes sense. If this happens than GC wait will not pigeon hole people's career in one job and allow them to grow and contribute to economy.
This benefit already exists under AC21 (after 180 days of filing). Allowing you to ditch sponsoring employer on the first day of filing I-485 defeats the whole idea of employer sponsorship.
This benefit already exists under AC21 (after 180 days of filing). Allowing you to ditch sponsoring employer on the first day of filing I-485 defeats the whole idea of employer sponsorship.
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crazyghoda
10-16 01:59 PM
Some moron gave me a Red for my post below with the comment ".."
Seriously dude, if you are so naive as to think that ROW folks are just going sit around and watch EB2 India consume the spillover numbers, then get your head examined or stop smoking that pipe. Have you ever wondered how low the participation is from ROW applicants on these forums? This is simply because for the most part its become a desi forum mostly dominated by EB2 folks.
Or you can give me another red and stick your head back in the sand (...or in those clouds, whatever the case may be)
A lot of EB2 folks are getting excited about getting the spillover from EB1 and EB2 ROW but has anyone contemplated that lots of EB3 ROWs will now start at looking at porting their dates to EB2 just as most people from EB3 India are?
Boy, I sure wish I was a lawyer! If this system remains as screwed up for another 20 years, I am surely sending my kid to law school :D
Seriously dude, if you are so naive as to think that ROW folks are just going sit around and watch EB2 India consume the spillover numbers, then get your head examined or stop smoking that pipe. Have you ever wondered how low the participation is from ROW applicants on these forums? This is simply because for the most part its become a desi forum mostly dominated by EB2 folks.
Or you can give me another red and stick your head back in the sand (...or in those clouds, whatever the case may be)
A lot of EB2 folks are getting excited about getting the spillover from EB1 and EB2 ROW but has anyone contemplated that lots of EB3 ROWs will now start at looking at porting their dates to EB2 just as most people from EB3 India are?
Boy, I sure wish I was a lawyer! If this system remains as screwed up for another 20 years, I am surely sending my kid to law school :D
more...
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bayarea07
07-27 06:42 PM
Kushal,
This whole conversation was not intended to be personal and if it hurt you in any way then we all apologize ,most of the people here might be in or against amway/quixter but they are all more pissed of by the way they are harassed by so called IBO's with the way they treat their prospective clients.
Why not just move on if somebody says no or gives a excuse to the IBO's, if anybody does
really feel interested they will ultimately come back to you guys but why harass them with multiple calls and personal visits.
Note - I would be intersted to see your tax returns :-) email me please since you agreed to.
Since you are in bay area I will reply to you. I don't need to see his tax papers, as long I can see mine. IF you are happy with your thinking so be it...stay where you are...and you can google froogle whatever you want. You will find your like minded people there too.
I don't need to share my thoughts here...its like talking to anti-immigrants on legal/illegal immigration.
Peace OUT!!
This whole conversation was not intended to be personal and if it hurt you in any way then we all apologize ,most of the people here might be in or against amway/quixter but they are all more pissed of by the way they are harassed by so called IBO's with the way they treat their prospective clients.
Why not just move on if somebody says no or gives a excuse to the IBO's, if anybody does
really feel interested they will ultimately come back to you guys but why harass them with multiple calls and personal visits.
Note - I would be intersted to see your tax returns :-) email me please since you agreed to.
Since you are in bay area I will reply to you. I don't need to see his tax papers, as long I can see mine. IF you are happy with your thinking so be it...stay where you are...and you can google froogle whatever you want. You will find your like minded people there too.
I don't need to share my thoughts here...its like talking to anti-immigrants on legal/illegal immigration.
Peace OUT!!
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mariusp
03-29 02:19 PM
OK, I've done some more homework and this is what I found in the proposed rule text:
III. Proposed Amendments to the Permanent Labor Certification
Regulations
The first amendment would prohibit the substitution of
alien beneficiaries on pending applications for permanent labor
certification and on approved permanent labor certifications not yet
filed with DHS.
Basically it says that the rule applies to:
(i) pending labor certification applications and
(ii) approved labor certification which have not yet been filed with USCIS
So it looks like you won't be affected if your case is already pending with the USCIS.
III. Proposed Amendments to the Permanent Labor Certification
Regulations
The first amendment would prohibit the substitution of
alien beneficiaries on pending applications for permanent labor
certification and on approved permanent labor certifications not yet
filed with DHS.
Basically it says that the rule applies to:
(i) pending labor certification applications and
(ii) approved labor certification which have not yet been filed with USCIS
So it looks like you won't be affected if your case is already pending with the USCIS.
more...
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acecupid
08-15 10:01 AM
Btw, why is colin powell an american problem ?
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bostonian28
06-01 09:00 PM
Somehow we need to include citizenship in the mix, i.e. citizenship for some one who contributed Social security and medicare for 10 years, only than would politicians be interested because these numbers could potential convert into votes. That is what politicians all over the world care about.
Basically message is, this is a reasonably big chunk of your vote bank, you can support them and gain their loyalty.
Basically message is, this is a reasonably big chunk of your vote bank, you can support them and gain their loyalty.
more...
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nomi
09-29 12:26 PM
I also have to land before 03/2007.
New 3 years extension is valid till 10/2009. Visa Expired. I am from Pakistan. Where u from?
I am also from Pakistan too.
New 3 years extension is valid till 10/2009. Visa Expired. I am from Pakistan. Where u from?
I am also from Pakistan too.
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ghouse1742
03-31 11:18 AM
Then to whom would you support? Tell me one political party which is not involved in either mass riots or corruption or deceit or governance failures etc etc etc.
Yes, people can say that Gujarat riots happened when Modi was at helm. But, don't you see why it happened. It was an aftermath of a train was burned and hundreds innocent lives had lost. I don't think any government would have controlled the anger after that incident. That was bound to happen.
No one has to debate who were murdered so mercilessly in the train. These were innocent people. No one has to debate who were killed after that....2000 innocent people....your logic that innocent people should be murdered and raped and burnt when other innocent people are killed does not make sense. In the end "INNOCENTS" are the ones harmed. It is debatable whether the riots were stoppable or not, but atleast dont support the person, views or murder of 2000 children, women and men.
Yes, people can say that Gujarat riots happened when Modi was at helm. But, don't you see why it happened. It was an aftermath of a train was burned and hundreds innocent lives had lost. I don't think any government would have controlled the anger after that incident. That was bound to happen.
No one has to debate who were murdered so mercilessly in the train. These were innocent people. No one has to debate who were killed after that....2000 innocent people....your logic that innocent people should be murdered and raped and burnt when other innocent people are killed does not make sense. In the end "INNOCENTS" are the ones harmed. It is debatable whether the riots were stoppable or not, but atleast dont support the person, views or murder of 2000 children, women and men.
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dvb123
02-15 10:56 AM
I think recapture of visas is not exactly possible but the court can order to clear the backlog before issuing visa numbers to other applicants depending on previous court precedents.
ras
07-05 04:09 PM
There has been parallel thread going on enquiring about the AC 21 portability for porting from Software engineer to software quality engineer. I did small bit of search and got the following info.
DOT CODE 030.062-010 Software Engineer
SOC Code
15-1011.00 Computer and Information Scientists, Research In-Demand
15-1031.00 Computer Software Engineers, Applications In-Demand
15-1099.01 Computer Software Engineers, Systems Software In-Demand
DOT CODE033.262-010 Quality Assurance Analyst
15-1099.01 Software Quality Assurance Engineers and Testers
We wanted to know from the attorney
if the above DOT codes
030.062-010 and 033.262-010 can be considered to be similar.
or
SOC codes
15-1011.00 and 15-1031.00 and 15-1032.00 or 15-1099.01 can be considered to be similar.
DOT CODE 030.062-010 Software Engineer
SOC Code
15-1011.00 Computer and Information Scientists, Research In-Demand
15-1031.00 Computer Software Engineers, Applications In-Demand
15-1099.01 Computer Software Engineers, Systems Software In-Demand
DOT CODE033.262-010 Quality Assurance Analyst
15-1099.01 Software Quality Assurance Engineers and Testers
We wanted to know from the attorney
if the above DOT codes
030.062-010 and 033.262-010 can be considered to be similar.
or
SOC codes
15-1011.00 and 15-1031.00 and 15-1032.00 or 15-1099.01 can be considered to be similar.
Munna Bhai
01-26 08:01 AM
Hello,
My I-140 is approved and I have a PD of Feb 2006.
One of my colleague whose job description is little different then mine has a PD of Sep 2003 and his Labour got approved but he left the company.
So is there anyway his approved labor is useful to me. What are the ifs,buts etc.
----------------
I changed your thread title. when you start a new thread make your thread title descriptive for all members to easily sift through threads- Admin
My I-140 is approved and I have a PD of Feb 2006.
One of my colleague whose job description is little different then mine has a PD of Sep 2003 and his Labour got approved but he left the company.
So is there anyway his approved labor is useful to me. What are the ifs,buts etc.
----------------
I changed your thread title. when you start a new thread make your thread title descriptive for all members to easily sift through threads- Admin
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