singhsa3
02-21 02:41 PM
Assuming you are right then,
average visa issued for EB1 ROW+Non ROW over the last 5 years have been 26K,
Now assuming this year the demand would be close to average then. It leaves 14K for EB2
Implying 12/2003 dates movement is very likely as 14k>5k (your number)
I can share some estimates for EB2 India through Dec03. I wish had the cases as a database, Then we could query for all dates.
Column 1: PD
Column 2: Nbr. Of EB2 India pending from
Column 3: Estimated Universe of EB2 India Pending ( to Universe ratio of 6.75%)
Column 4: Cumulative EB2 India pending
2000-01 0 - -
2000-03 0 - -
2000-04 1 15 15
2000-06 1 15 30
2000-08 0 - 30
2000-11 1 15 44
2000-12 0 - 44
2001-01 0 - 44
2001-03 1 15 59
2001-04 3 44 104
2001-05 2 30 133
2001-06 6 89 222
2001-07 3 44 267
2001-08 1 15 281
2001-09 1 15 296
2001-10 6 89 385
2001-11 2 30 415
2001-12 2 30 444
2002-01 5 74 519
2002-02 4 59 578
2002-03 1 15 593
2002-04 3 44 637
2002-05 11 163 800
2002-06 7 104 904
2002-07 5 74 978
2002-08 5 74 1,052
2002-09 5 74 1,126
2002-10 14 207 1,333
2002-11 16 237 1,570
2002-12 11 163 1,733
2003-01 13 193 1,926
2003-02 12 178 2,104
2003-03 20 296 2,400
2003-04 13 193 2,593
2003-05 16 237 2,830
2003-06 17 252 3,081
2003-07 22 326 3,407
2003-08 18 267 3,674
2003-09 18 267 3,941
2003-10 29 430 4,370
2003-11 17 252 4,622
2003-12 18 267 4,889
Total 330 4,889
average visa issued for EB1 ROW+Non ROW over the last 5 years have been 26K,
Now assuming this year the demand would be close to average then. It leaves 14K for EB2
Implying 12/2003 dates movement is very likely as 14k>5k (your number)
I can share some estimates for EB2 India through Dec03. I wish had the cases as a database, Then we could query for all dates.
Column 1: PD
Column 2: Nbr. Of EB2 India pending from
Column 3: Estimated Universe of EB2 India Pending ( to Universe ratio of 6.75%)
Column 4: Cumulative EB2 India pending
2000-01 0 - -
2000-03 0 - -
2000-04 1 15 15
2000-06 1 15 30
2000-08 0 - 30
2000-11 1 15 44
2000-12 0 - 44
2001-01 0 - 44
2001-03 1 15 59
2001-04 3 44 104
2001-05 2 30 133
2001-06 6 89 222
2001-07 3 44 267
2001-08 1 15 281
2001-09 1 15 296
2001-10 6 89 385
2001-11 2 30 415
2001-12 2 30 444
2002-01 5 74 519
2002-02 4 59 578
2002-03 1 15 593
2002-04 3 44 637
2002-05 11 163 800
2002-06 7 104 904
2002-07 5 74 978
2002-08 5 74 1,052
2002-09 5 74 1,126
2002-10 14 207 1,333
2002-11 16 237 1,570
2002-12 11 163 1,733
2003-01 13 193 1,926
2003-02 12 178 2,104
2003-03 20 296 2,400
2003-04 13 193 2,593
2003-05 16 237 2,830
2003-06 17 252 3,081
2003-07 22 326 3,407
2003-08 18 267 3,674
2003-09 18 267 3,941
2003-10 29 430 4,370
2003-11 17 252 4,622
2003-12 18 267 4,889
Total 330 4,889
wallpaper alaina marie scott eminem
bomber
06-30 07:30 PM
Way to Go !
Let's get united (for the first time) and fight it tooth and nail.
We should not let them get away with something like this so easily.
To be honest with you all, last week when these rumors started, I thought once my case is filed, I don't care if they revise the bulletin or whatever. But after going through all this since yesterday, I don't want something like this to happen even to my enemies.
Even if my case is accepted(current in June, hopefully lawyer mailed it Friday for monday delivery) I'll support you guys in this fight!
So that it boosts up peoples who are similarly disappointed as i was last evening from 6 thru 9 PM ...
July bulletin is still C and no one can stop us from Mailing/ Posting !!
Let's get united (for the first time) and fight it tooth and nail.
We should not let them get away with something like this so easily.
To be honest with you all, last week when these rumors started, I thought once my case is filed, I don't care if they revise the bulletin or whatever. But after going through all this since yesterday, I don't want something like this to happen even to my enemies.
Even if my case is accepted(current in June, hopefully lawyer mailed it Friday for monday delivery) I'll support you guys in this fight!
So that it boosts up peoples who are similarly disappointed as i was last evening from 6 thru 9 PM ...
July bulletin is still C and no one can stop us from Mailing/ Posting !!
perm2gc
12-28 05:35 PM
Guys. Let all of us give a new year gift to our core team by posting about IV in all the forums which we have access.It won't cost you a penny but a 15 minutes of your time.I know everyone are busy but 15 minutes is not too much to spend for guys who are working hard for our cause.I know many people are silently browsing the thread than the people who are posting .Guys don't be behind the doors all the times.You have to come out sometimes and this is the time for you to show little respect to the core team.
2011 Jade images, alaina rice http
Guest007
07-25 12:54 PM
There is no law which ties AP and EAD to 485. So cant they allow filling of these two independent of 485, may be upon approval of 140?
more...
vandanaverdia
09-10 03:34 PM
You have the fear of rejection EVERY TIME when you go for visa stamping, even though you have been doing so for the past so many year!!!
kshitijnt
07-13 07:53 PM
Guys:
Atleast appreciate the letter she has written. Maybe you are not satisfied by attorney Murthy and she has not done enough for you. But here she is adding to the voice for immigrants. Something is better than nothing!!!
Atleast appreciate the letter she has written. Maybe you are not satisfied by attorney Murthy and she has not done enough for you. But here she is adding to the voice for immigrants. Something is better than nothing!!!
more...
Libra
06-13 09:56 AM
not banning sub contracting H1b's but they should impose strict rules for companies that every dick and harry, whoever get GC, starts a company by sitting on the couch in his apt and do sub vendoring......these people are responsible for low pays. I am one of the victim of such companies and hate these kind of people, today they get GC tomorrow they start a desi consulting company.
2010 Kim Mathers Kim Mathers
Abhinaym
09-10 10:42 AM
It seems I don't have the number of posts necessary to log in. Is there anyway I can just view the live updates?
more...
ganguteli
03-09 11:32 PM
I like your idea.
Let us all blame IV core for not getting our greencard and having a crappy visa bulletin this month. :)
I contributed $5 in the high five campaign and I still do not have my labor cleared. I want to blame IV for that too. :)
Did you not see the FOIA action item by IV core?
Let us all blame IV core for not getting our greencard and having a crappy visa bulletin this month. :)
I contributed $5 in the high five campaign and I still do not have my labor cleared. I want to blame IV for that too. :)
Did you not see the FOIA action item by IV core?
hair a recent Kim Mathers pic
bestia
08-15 04:11 PM
DOS/USCIS learned to do copy and paste :) "01JAN07"
And more serious.. it means that not all visas "were made available". So there are still unused visas. Good news for some BEC folks thought.
And more serious.. it means that not all visas "were made available". So there are still unused visas. Good news for some BEC folks thought.
more...
CSPAvictim
07-09 07:24 PM
Clause B is not the only thing. In any quarter they are not supposed to issue any more than 27% of 140,000(100%) = 37800. according to Clause A. After June 15th they issued 140,000 - 66000 = 74000. What about the last quarter quota of 37800? Where did it go? It was not supposed to be used before July.
On second thoughts, it seems like you're talking about the 37800 for the last quarter. Well, I havent yet come across any law/regulation that prevents USCIS from using up all the visa numbers before the last quarter. And like I said before, the last quarter is not subject to the 27% limitation. Over the years, USCIS has not been using up all the numbers for the fiscal year. This time, they did the opposite and used them up in the first three quarters itself!:eek:
On second thoughts, it seems like you're talking about the 37800 for the last quarter. Well, I havent yet come across any law/regulation that prevents USCIS from using up all the visa numbers before the last quarter. And like I said before, the last quarter is not subject to the 27% limitation. Over the years, USCIS has not been using up all the numbers for the fiscal year. This time, they did the opposite and used them up in the first three quarters itself!:eek:
hot miname hailie Mathers,este
gjoe
09-19 11:14 AM
Good work everybody , you guys have made this rally a great success.
I brought up this issue of standing out a legal immigrants in one of my posts, but most of them in the forum said they wanted to wear the IV T-Shirt.
I can help with things to do with psychology or mass communication, please feel free to contact me through PM if you need my services. I am not a trained professional but it is my hobby since a long time.
QUOTE=gjoe;157591]I would agree with idea of dressing professionally. We need not carry laptops and stuff like that but a neat formal dress would send out a clearer and bolder message about skilled immigrants.
We are a small crowd ( legal immigrants) we have to differentiate ourselves, the least we can do is dress formally. Formal dressd, organized and well behaved crowd will garner lot of attention (the right kind) and serve the purpose (of the rally).
Thanks,
PS: All this advice is based on my knowledge about human mind and social psychology.[/QUOTE]
First, I would like to congratulate everyone who contributed to the success of the DC rally on Sep 18, 2007...
I was there and I am proud of our ImmigrationVoice members for this FANTASTIC effort!
We are just starting and taking baby steps with these kind of activities...So, anything I mention below is not a critic, but a humble feedback/opinion...Please don't get offended.
1. We must immediately change our name to LegalImmigrationVoice.org( LIV.org)...But still Immigrationvoice.org should work....This should be done ASAP...like within next week...Please conduct a poll for this ASAP.
2. We must/should always wear formal suits for these kind of rally....this would definitely give us a very high status and definitely there will not be any confusion if the rally is by legal or illegal immigrants. Even if it is hot summer, we must stick to this dress code...
3. In all the signs we had today, we need to have one line clearly in bold as "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants" - bold and clear..
Also, all our T-shirts should have
"Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants" in the back
4. One of the rally participants told me that a guide was telling a tourists bus passengers quote "these folks are illegal immigrants...", the rally participant who heard this went to the guide and explained that we are legal immigrants...if you think the guide is not smart enough to read our signs and understand that we are legal immigrants, read next point...
5. On the rally route, one gentleman, who was dressed in suit, looked well educated came up to me and asked what we are concerned about...I told him that green card process for Legal Immigrants is taking between 5-10 years and we are requesting to expedite it.....so it is clear that all our signs need this text at the bottom "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants"
We cannot be perfect the first or second time....Lets learn from this rally....
A pat in the back to all those who attended the rally....
Good Luck
I brought up this issue of standing out a legal immigrants in one of my posts, but most of them in the forum said they wanted to wear the IV T-Shirt.
I can help with things to do with psychology or mass communication, please feel free to contact me through PM if you need my services. I am not a trained professional but it is my hobby since a long time.
QUOTE=gjoe;157591]I would agree with idea of dressing professionally. We need not carry laptops and stuff like that but a neat formal dress would send out a clearer and bolder message about skilled immigrants.
We are a small crowd ( legal immigrants) we have to differentiate ourselves, the least we can do is dress formally. Formal dressd, organized and well behaved crowd will garner lot of attention (the right kind) and serve the purpose (of the rally).
Thanks,
PS: All this advice is based on my knowledge about human mind and social psychology.[/QUOTE]
First, I would like to congratulate everyone who contributed to the success of the DC rally on Sep 18, 2007...
I was there and I am proud of our ImmigrationVoice members for this FANTASTIC effort!
We are just starting and taking baby steps with these kind of activities...So, anything I mention below is not a critic, but a humble feedback/opinion...Please don't get offended.
1. We must immediately change our name to LegalImmigrationVoice.org( LIV.org)...But still Immigrationvoice.org should work....This should be done ASAP...like within next week...Please conduct a poll for this ASAP.
2. We must/should always wear formal suits for these kind of rally....this would definitely give us a very high status and definitely there will not be any confusion if the rally is by legal or illegal immigrants. Even if it is hot summer, we must stick to this dress code...
3. In all the signs we had today, we need to have one line clearly in bold as "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants" - bold and clear..
Also, all our T-shirts should have
"Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants" in the back
4. One of the rally participants told me that a guide was telling a tourists bus passengers quote "these folks are illegal immigrants...", the rally participant who heard this went to the guide and explained that we are legal immigrants...if you think the guide is not smart enough to read our signs and understand that we are legal immigrants, read next point...
5. On the rally route, one gentleman, who was dressed in suit, looked well educated came up to me and asked what we are concerned about...I told him that green card process for Legal Immigrants is taking between 5-10 years and we are requesting to expedite it.....so it is clear that all our signs need this text at the bottom "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants"
We cannot be perfect the first or second time....Lets learn from this rally....
A pat in the back to all those who attended the rally....
Good Luck
more...
house Alana+marie+parker
signifer123
02-16 06:20 AM
Yeah that scared the crap out of me...good luck beating him anyone, dang thats how mine was gonna look.
tattoo Blog · Hailie Jade Mathers
$eeGrEeN
06-22 12:58 PM
When you get 485 approval you will not need EAD or AP :D
It's OK to file for EAD and AP yourself, I did it 4 times but you need I-485 receipt notice and I-140 receipt and then approval notice to do that. So if you are wiling to wait till your lawyer get notices (it could be months for those who are filing in July) and your employer and lawyer will provide you a copy of all notices - it's fine to file yourself.
correct me if i'm wrong , but you can get 140 approval notice requesting thru' FOI Act don't u ...
so after 6 months of filing 485 ( given that u have the receipt notice ) u r pretty much free to take your process with u.
It's OK to file for EAD and AP yourself, I did it 4 times but you need I-485 receipt notice and I-140 receipt and then approval notice to do that. So if you are wiling to wait till your lawyer get notices (it could be months for those who are filing in July) and your employer and lawyer will provide you a copy of all notices - it's fine to file yourself.
correct me if i'm wrong , but you can get 140 approval notice requesting thru' FOI Act don't u ...
so after 6 months of filing 485 ( given that u have the receipt notice ) u r pretty much free to take your process with u.
more...
pictures Alana+marie
PresidentO
02-03 02:06 PM
Didn't we have these discussions over and over before? and the admins telling us to stop because IV goals are set and will not change?
If you just want to argue and waste time, lookup previous threads discussing this and you'll have enough reading material for weeks to come.
Because he does not care whether his personal agenda born out of righteous anger (politics doesn't care whether your anger is righteous or frustrated) fractures the already divided community. He thinks that he can get out 15-20 guys on the hill and get a 2 line bill that will end country caps. Well, Why not talk to his friends and get them on the hill? No, he wants to ignore the bylaws/agenda of this organization and wants to carve a separate faction on IV that will work for ending country caps. If some one does not know that he is doing a mistake, we can try to help him see the mistake. If he/she knows it, Do we need to tell him/her?
If you just want to argue and waste time, lookup previous threads discussing this and you'll have enough reading material for weeks to come.
Because he does not care whether his personal agenda born out of righteous anger (politics doesn't care whether your anger is righteous or frustrated) fractures the already divided community. He thinks that he can get out 15-20 guys on the hill and get a 2 line bill that will end country caps. Well, Why not talk to his friends and get them on the hill? No, he wants to ignore the bylaws/agenda of this organization and wants to carve a separate faction on IV that will work for ending country caps. If some one does not know that he is doing a mistake, we can try to help him see the mistake. If he/she knows it, Do we need to tell him/her?
dresses hailie jade mathers.
mbartosik
09-19 03:52 AM
first - glad you liked my little skit / comedy show, Arman asked me to write a speech, I don't think that was quite what he had in mind when he asked me to speak :D
That was actually a toned down version of my skit :D I took out many of gags and would have loved to put more in.
I hope that a video will be posted, the crowd reaction was fantastic, at least that's what it sounded like from the stage. I had so many people coming up to me after. I've still not quite come down from it. It was fun to deliver too.
------
I like to idea of legalimmigrationvoice.org
legalimmigrationvoice.com points here, but I see that
legalimmigrationvoice.org has this
"If you are interested to have this website please contact us at registerflyaccount@yahoo.com"
I hope that was one of us that registered it (not a camper).
On the rally I saw lots of positive reactions, and just one negative reaction, and I think that he could not read or just assumed illegal, he called out "it will never happen". Even if we had signs that said "We are legal" some would still assume that we were undocumented because they would think that we were only claiming not to be criminals since crossing the boarder without presenting oneself for inspection is technically a civil offense I think. If we all wore suits the mistake would have been made less. The undocumented issue is so embedded in the public's minds.
Signs do need to be more brief.
The anonymity of a forum alias is not a good thing I think. Although the aliases are often cute. Some people called and asked if they had to give their names at registration. The boggy man will not get us! Big brother is not watching, remember he can only afford $2 for name check, so he cannot afford prospection glasses. Also it is handy to know people's names.
Yes we are mostly Indian and mostly Indian and Chinese have really bad delays. But it is unhelpful refer to Indians and Chinese joining forces, or this being an Indian org. etc. I put a lot of effort into trying to show my face in places to make the point that we are not just Indians and Chinese.
(Being a minority Anglo Saxon here I also put a lot of effort into emphasizing dropping country quotas.)
I wore a suit, 3 piece, yes my shirt was sweaty, but that was not caused by the rally it is was my crazy schedule of back to back meetings, and running around logistics organizing. Ironically I rarely wear a suit at work.
Maybe holding a few signs with our job titles would make the point. I think that would have helped reporters pick people out for interviews.
I think that Aman learnt that he needed at least 2 personal assistants on the day.
That was actually a toned down version of my skit :D I took out many of gags and would have loved to put more in.
I hope that a video will be posted, the crowd reaction was fantastic, at least that's what it sounded like from the stage. I had so many people coming up to me after. I've still not quite come down from it. It was fun to deliver too.
------
I like to idea of legalimmigrationvoice.org
legalimmigrationvoice.com points here, but I see that
legalimmigrationvoice.org has this
"If you are interested to have this website please contact us at registerflyaccount@yahoo.com"
I hope that was one of us that registered it (not a camper).
On the rally I saw lots of positive reactions, and just one negative reaction, and I think that he could not read or just assumed illegal, he called out "it will never happen". Even if we had signs that said "We are legal" some would still assume that we were undocumented because they would think that we were only claiming not to be criminals since crossing the boarder without presenting oneself for inspection is technically a civil offense I think. If we all wore suits the mistake would have been made less. The undocumented issue is so embedded in the public's minds.
Signs do need to be more brief.
The anonymity of a forum alias is not a good thing I think. Although the aliases are often cute. Some people called and asked if they had to give their names at registration. The boggy man will not get us! Big brother is not watching, remember he can only afford $2 for name check, so he cannot afford prospection glasses. Also it is handy to know people's names.
Yes we are mostly Indian and mostly Indian and Chinese have really bad delays. But it is unhelpful refer to Indians and Chinese joining forces, or this being an Indian org. etc. I put a lot of effort into trying to show my face in places to make the point that we are not just Indians and Chinese.
(Being a minority Anglo Saxon here I also put a lot of effort into emphasizing dropping country quotas.)
I wore a suit, 3 piece, yes my shirt was sweaty, but that was not caused by the rally it is was my crazy schedule of back to back meetings, and running around logistics organizing. Ironically I rarely wear a suit at work.
Maybe holding a few signs with our job titles would make the point. I think that would have helped reporters pick people out for interviews.
I think that Aman learnt that he needed at least 2 personal assistants on the day.
more...
makeup Marie Claire Lea Michele 1
nixstor
03-18 05:17 PM
I can use some help if I am missing some things here.
Snip from 202 a 5 (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid|SLB&s_fieldSearch=foliodestination|act202a&s_type=all&hash=0-0-0-1435)
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Paragraph in the above corresond to each category. So paragraph 1 is EB1. Paragraph 2 is EB2 and so on. So the translation is what the VB exactly said.
What does 203 (b) 1, 2, 3, 4, 5 say?
Define EB1-EB5 categories. Find it here (http://www.uscis.gov/propub/DocView/slbid/1/2/15?hilite=).
I posted the same Q on Ron Gotcher's forum this afternoon and my post did not go through to be moderated (I got the message that the post was submitted and will be posted after moderator approves it) or the mod chose not to post it.
Snip from 202 a 5 (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid|SLB&s_fieldSearch=foliodestination|act202a&s_type=all&hash=0-0-0-1435)
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Paragraph in the above corresond to each category. So paragraph 1 is EB1. Paragraph 2 is EB2 and so on. So the translation is what the VB exactly said.
What does 203 (b) 1, 2, 3, 4, 5 say?
Define EB1-EB5 categories. Find it here (http://www.uscis.gov/propub/DocView/slbid/1/2/15?hilite=).
I posted the same Q on Ron Gotcher's forum this afternoon and my post did not go through to be moderated (I got the message that the post was submitted and will be posted after moderator approves it) or the mod chose not to post it.
girlfriend girlfriend shark bite tattoo.
mayhemt
09-10 08:06 AM
I get this question every day, what are the hopes for EB3-I, or rather are there any hopes for EB3-I? Are we fighting a lost battle?
What do people here really think?
1. There are X % chance that there would be some immigration bill that would help us and we will have GC in next couple of years?
2. Keep going on with life as is, till the time we can renew EAD every 2 years, and AP every year.
3. Wait for another X years, and then go back.
4. Hopefully my son/daughter will be 21 by 2020, and will sponsor my GC.
--- Hoping family based GC would still be allowed by then
5. Don't know, confused?
6. Look for entrepreneurial options & file in EB5. You get freedom from daily-job-rat-race and visa/GC hassles.
What do people here really think?
1. There are X % chance that there would be some immigration bill that would help us and we will have GC in next couple of years?
2. Keep going on with life as is, till the time we can renew EAD every 2 years, and AP every year.
3. Wait for another X years, and then go back.
4. Hopefully my son/daughter will be 21 by 2020, and will sponsor my GC.
--- Hoping family based GC would still be allowed by then
5. Don't know, confused?
6. Look for entrepreneurial options & file in EB5. You get freedom from daily-job-rat-race and visa/GC hassles.
hairstyles alaina marie scott mathers
jkays94
07-10 02:39 AM
It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
prioritydate
01-18 12:20 PM
Got lots of reds as expected. Excuse me for using strong words. I'm sympathetic towards everyone who has lost jobs or fears layoffs. I have weathered the 2001 storm in the valley. It was horrible. However, people buy expensive real estate without obtaining permanent residency first and then start laughing at others for being so conservative. Its utter stupidity. In one of the other threads I was arguing with some one over whether its a good time to buy a house or not. I am totally for buying a house even in these uncertain times provided you are a dual income and provided you have your green card and despite that some folks didn't agree with me at all!
Today, buying hiouses is risky but folks don't realize if you are on H1B, it is a temp visa you are sticking your neck out. Even if you have your EAD, it doesn't mean shit. If your employer revokes your 140 you are more or less doomed, unless you are very lucky. Now, please don't dispute this statement of mine by presenting legal facts.
I look at it this way, your gc is controlled by your employer, you get laid off by your employer, your company has ZERO interest in keeping your job position alive and considering employing you at a future date. Period.
H1B is not green card, EAD is not green card, your PD being current is not a green card.f you think you can transfer your H1 with some consulting firm and retain H1 status on bench, you are playing with fire.
Giving reds to me is not going to change the basic facts. Leaving your cars and your houses behind without paying your dues is the worst crime in the book. It destroys your credibility. Not only that you, main street, are then responsible for mortgage crisis and then you coolly blame the wall street and Mr. Bush for everything that goes wrong.
Spoken like a true moron. So, you're suggesting that people cannot buy house or a new car while being on a H1B? How many peoples need to held their soul hostage and kill their desire to lead quality life? May be you are prisoner for your fears forever. Let other enjoy their life! Oh! by the way, I don't give a flying fox about your negative remark or giving me red. I simply don't give a damn!
Today, buying hiouses is risky but folks don't realize if you are on H1B, it is a temp visa you are sticking your neck out. Even if you have your EAD, it doesn't mean shit. If your employer revokes your 140 you are more or less doomed, unless you are very lucky. Now, please don't dispute this statement of mine by presenting legal facts.
I look at it this way, your gc is controlled by your employer, you get laid off by your employer, your company has ZERO interest in keeping your job position alive and considering employing you at a future date. Period.
H1B is not green card, EAD is not green card, your PD being current is not a green card.f you think you can transfer your H1 with some consulting firm and retain H1 status on bench, you are playing with fire.
Giving reds to me is not going to change the basic facts. Leaving your cars and your houses behind without paying your dues is the worst crime in the book. It destroys your credibility. Not only that you, main street, are then responsible for mortgage crisis and then you coolly blame the wall street and Mr. Bush for everything that goes wrong.
Spoken like a true moron. So, you're suggesting that people cannot buy house or a new car while being on a H1B? How many peoples need to held their soul hostage and kill their desire to lead quality life? May be you are prisoner for your fears forever. Let other enjoy their life! Oh! by the way, I don't give a flying fox about your negative remark or giving me red. I simply don't give a damn!
makemygc
01-30 08:33 PM
[QUOTE=logiclife]Unpaid bench means you are "Out of Status". Not illegal.
I don't agree at all with this statement. People can go on a unpaid maternity leave and still maintain status.
Out of status is anyway no better than illegal.
I don't agree at all with this statement. People can go on a unpaid maternity leave and still maintain status.
Out of status is anyway no better than illegal.
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