hpandey
02-12 12:10 PM
are you dreaming ... India EB3 is 01AUG01
He is talking about ROW EB3 and not India. EB3- ROW is at 1 Jan 05
He is talking about ROW EB3 and not India. EB3- ROW is at 1 Jan 05
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villamonte6100
12-14 02:50 PM
Thank you very much for pointing that out. I really appreciate it.
His/Her country of origin and the state chapter is not really relevent for this discussion now, is it?
:cool:
His/Her country of origin and the state chapter is not really relevent for this discussion now, is it?
:cool:
grupak
12-14 01:19 PM
I know. I work for a prestigious law firm and I know how hard it is to become a lawyer.
Are you a constitutional lawyer or maybe know someone who can help? Yes, we would appreciate knowledgeable input from experts.
Are you a constitutional lawyer or maybe know someone who can help? Yes, we would appreciate knowledgeable input from experts.
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mbartosik
12-13 11:48 PM
Mark,
what say you?
In some states the courts are "Courts of equity and law" or is it "Courts of law and equity", in other words the court has a mandate to enforce fairness within the bounds of the law (NY State is one such state). This derives from English law. However, I do not believe that is the case for federal court.
If the courts were courts only of fairness, equity, what's right, etc., yes, indeed then I think that we would win. But the courts are courts of law. In our case the federal courts are courts of federal law. Congress writes those laws, and the courts are free to interpret those law but not change them. The courts can also throw out a law (this is often appealed to Supreme court). The Supreme court's job is to interpret the constitution, and to define how the lower courts must interpret the law, or to throw back the law to Congress.
We have next to no chance in lower courts.
Even if we appealed through courts up to Supreme court, and win we would loss because Congress would still be free to change the law to restrict in other ways, possibly with the same effect. In the mean time we would alienate those law makers on our side. Also USCIS would be free to stop ALL EB immigration, while the Congress decided how to rewrite the law.
In our case there is no interpretation other than the mess that we are in is the law. So the Supreme court would have to find that the law was against the constitution, which I highly doubt that it is.
Even if the supreme court found that the law was against the constitution, Congress could enact another similar law (akin to minimum sentence), that merely fitted within the framework of the constitution but achieved the same end result. A recent example of this was when the Supreme court found that Gitmo detainees must be given a right to review of their detention. The detainees were not immediately released because they were detained without review and against the constitution, no, Congress simply passed a law allowing review by military tribunal, that complied with the Constitution, and the detainees remained detained, with a totally meaningless review (not allowed to see evidence against them etc.).
Thus the branch of government that we need to convince is Congress (which by the way I think the Constitution or an amendment gives the right to government immigration).
I'm not saying do not fight, just fight smart.
To me fighting smart means going to the law makers, politely, and persuasively. It is not aggressive, it is not radical, but it is fighting wisely. So I don't think that we are backing down in the face of things that are wrong, I think that we are standing up, but intelligently, and fighting where we can win.
It is Congress that ultimately decides, the Supreme court can only say to them, "sorry, not in compliance, try again".
what say you?
In some states the courts are "Courts of equity and law" or is it "Courts of law and equity", in other words the court has a mandate to enforce fairness within the bounds of the law (NY State is one such state). This derives from English law. However, I do not believe that is the case for federal court.
If the courts were courts only of fairness, equity, what's right, etc., yes, indeed then I think that we would win. But the courts are courts of law. In our case the federal courts are courts of federal law. Congress writes those laws, and the courts are free to interpret those law but not change them. The courts can also throw out a law (this is often appealed to Supreme court). The Supreme court's job is to interpret the constitution, and to define how the lower courts must interpret the law, or to throw back the law to Congress.
We have next to no chance in lower courts.
Even if we appealed through courts up to Supreme court, and win we would loss because Congress would still be free to change the law to restrict in other ways, possibly with the same effect. In the mean time we would alienate those law makers on our side. Also USCIS would be free to stop ALL EB immigration, while the Congress decided how to rewrite the law.
In our case there is no interpretation other than the mess that we are in is the law. So the Supreme court would have to find that the law was against the constitution, which I highly doubt that it is.
Even if the supreme court found that the law was against the constitution, Congress could enact another similar law (akin to minimum sentence), that merely fitted within the framework of the constitution but achieved the same end result. A recent example of this was when the Supreme court found that Gitmo detainees must be given a right to review of their detention. The detainees were not immediately released because they were detained without review and against the constitution, no, Congress simply passed a law allowing review by military tribunal, that complied with the Constitution, and the detainees remained detained, with a totally meaningless review (not allowed to see evidence against them etc.).
Thus the branch of government that we need to convince is Congress (which by the way I think the Constitution or an amendment gives the right to government immigration).
I'm not saying do not fight, just fight smart.
To me fighting smart means going to the law makers, politely, and persuasively. It is not aggressive, it is not radical, but it is fighting wisely. So I don't think that we are backing down in the face of things that are wrong, I think that we are standing up, but intelligently, and fighting where we can win.
It is Congress that ultimately decides, the Supreme court can only say to them, "sorry, not in compliance, try again".
more...
carpediem
05-29 12:01 AM
That's really tough! I don't think I can keep the same job profile for 10 years. Neither can I form a start-up and have it sponsor my GC application.
The only hope might be to become a multinational executive really fast, or win the lottery and invest a million dollars in the US. :)
Guys I think it's time to go home, Swades style!
The only hope might be to become a multinational executive really fast, or win the lottery and invest a million dollars in the US. :)
Guys I think it's time to go home, Swades style!
msp1976
02-14 06:55 PM
On the USCIS site there is a statistics section and there are many xls files there that you can refer to....
more...
vxg
06-04 01:09 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.
Giving an interim GC while visa number is unavailable will have the effect of bypassing the entire GC quota system. How do you want the interim card to be different from the final thing? No way that anyone in Congress will allow for their laws to be overridden through USCIS rulemaking.
Giving an interim GC while visa number is unavailable will have the effect of bypassing the entire GC quota system. How do you want the interim card to be different from the final thing? No way that anyone in Congress will allow for their laws to be overridden through USCIS rulemaking.
2010 Happy Philippine Independence
mpadapa
09-23 10:57 AM
I support this idea.
Let us not deliberate about the details about the proposal. Let us leave it to the lawmakers to broaden the scope of the proposal. The key is to make the lawmakers aware that the EB immigrants can and are willing to provide a helping hand to improve the current housing crisis.
Let us not deliberate about the details about the proposal. Let us leave it to the lawmakers to broaden the scope of the proposal. The key is to make the lawmakers aware that the EB immigrants can and are willing to provide a helping hand to improve the current housing crisis.
more...
the_googly
07-29 09:33 AM
I expect 1/2 of the approvals to be EB2-I and the rest EB2-C.
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reddymjm
09-23 03:48 PM
As per the other thread HR5882 is dead for now.. So concentrate on this now...
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EkAurAaya
07-17 09:58 AM
Note to Moderators: I posted the same question as a separate thread, but then I thought this would be a good place to pose the question too...
Heres the background...
Primary:
EB3 Feb 2003 PD
i140 Approved
i485 files June 2007
for both wife and me...
EAD/AP - approved Sept 2007
EAD extension received June 2008 (1 year)
AP extension pending
(we have not used EAD/AP yet - we both are on H1b)
Derivative:
EB2 April 2004 PD
i140 Approved
Pending - i824 in Sept 2007 to convert AOS to CP (hoping it will get through by Oct this year)
Question:
Assuming we will get CP interview before AOS gets adjudicated, do you forsee any potential issues in this scenario?
Thanks in advance!
Heres the background...
Primary:
EB3 Feb 2003 PD
i140 Approved
i485 files June 2007
for both wife and me...
EAD/AP - approved Sept 2007
EAD extension received June 2008 (1 year)
AP extension pending
(we have not used EAD/AP yet - we both are on H1b)
Derivative:
EB2 April 2004 PD
i140 Approved
Pending - i824 in Sept 2007 to convert AOS to CP (hoping it will get through by Oct this year)
Question:
Assuming we will get CP interview before AOS gets adjudicated, do you forsee any potential issues in this scenario?
Thanks in advance!
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Caliber
09-04 02:08 PM
So next time of election, take vacation and go home, do campaigning, spend money and vote out the govt. you dislike, if you are real serious.
Thanks for your advice indeed. I can not go and vote. If I go, they will kill me. They killed several hundred people just because they did not agree to sell their lands at 1/100 of a price.
Please do not compare Kerala with Andhra. Today's AP is nothing but earlier Bihar. YSR and gang have terrorised the whole state, govt and judiciary.
Thanks for your advice indeed. I can not go and vote. If I go, they will kill me. They killed several hundred people just because they did not agree to sell their lands at 1/100 of a price.
Please do not compare Kerala with Andhra. Today's AP is nothing but earlier Bihar. YSR and gang have terrorised the whole state, govt and judiciary.
more...
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mbawa2574
02-15 05:20 PM
You are not saying there are more chinese and indians here, so that means what? that there are not more chinese and indians here?
As you said half the world population is indian or chinese and I'm saying this, rather than pure skill, is why there are more of them here. This is why I repeatedly protest your reference to only skills and brightness as the factor for the non balanced EB population.
If the world population is the reference, the US would have to take half of its immigrants from 2 countries, they clearly don't want that so they conciously set that rule.. u need them to change the rule u need to give them a reason that's useful for them not for you.
Can't you understand the meaning of fair shot and equality ? Let people apply in FIFO . Don't tell me what US wants ? No one has a clear idea of it.and suddenly people like you for your personal interests have started opposing IV's skill based initiative because your dates moved a little ahead and supporting existing discriminatory laws. What will happen when they retrogress again to 1999 next month ? What will be your stand then? Did you come to IV rally ? Probably not because you think of your personal interest and have nothing to do with the big picture.
As you said half the world population is indian or chinese and I'm saying this, rather than pure skill, is why there are more of them here. This is why I repeatedly protest your reference to only skills and brightness as the factor for the non balanced EB population.
If the world population is the reference, the US would have to take half of its immigrants from 2 countries, they clearly don't want that so they conciously set that rule.. u need them to change the rule u need to give them a reason that's useful for them not for you.
Can't you understand the meaning of fair shot and equality ? Let people apply in FIFO . Don't tell me what US wants ? No one has a clear idea of it.and suddenly people like you for your personal interests have started opposing IV's skill based initiative because your dates moved a little ahead and supporting existing discriminatory laws. What will happen when they retrogress again to 1999 next month ? What will be your stand then? Did you come to IV rally ? Probably not because you think of your personal interest and have nothing to do with the big picture.
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praveenuppaluri
04-01 03:18 PM
Azhar visited your post and joined congress.. he is contesting from Hyderabad...
what have you done gcdreamer05 :D
can you wish all of us quick GCs too.. looks like your dreams are powerful !!!
If Imran khan has come in to politics why not Azharuddin ?
what have you done gcdreamer05 :D
can you wish all of us quick GCs too.. looks like your dreams are powerful !!!
If Imran khan has come in to politics why not Azharuddin ?
more...
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lazycis
02-14 12:19 PM
No one can prove that USCIS intentionally took decisions so that they waste the visas.
Well, I can prove it based on the recent name check memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't IJ able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along! Why did not they removed name check after they wasted 80k+ visas in FY 2003? Did not they know about it? Was it not intentional?
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
See also most recent Mocanu ruling
http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf
"USCIS’s name check requirement has (1) never been authorized by Congress; (2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and (3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions "
Why should people suffer because of government screw up?
Well, I can prove it based on the recent name check memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't IJ able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along! Why did not they removed name check after they wasted 80k+ visas in FY 2003? Did not they know about it? Was it not intentional?
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
See also most recent Mocanu ruling
http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf
"USCIS’s name check requirement has (1) never been authorized by Congress; (2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and (3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions "
Why should people suffer because of government screw up?
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lvinaykumar
07-10 01:36 PM
I have applied for my Canadian PR. once it comes close i am going to look for a job too. But i still have some time for that ....
All the Best....
All the Best....
more...
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amitjoey
01-13 04:14 PM
Once upon a time in this country ( & based on situation 'at' that time), laws were made and hence some classifications such as EB1/2/3 etc;
I'm not here to waste any one's time( including mine) but why shouldn't we ( i mean IV which includes "all" members) try for following
1. Automatic consideration of any EB3 after 5 years of filing date of LC ( conditions being verifiable and clean work history ) to EB2 such as a person in the queue shall be able to apply him/her self by providing facts such as 5 years of W2s, say for example.
2. Any spill over from ROW must "first" be made available to "highly retrogressed EB category" regardless of the country. Simple rule: make the spill over available to "that" EB category where there is most retrogession.
Meaning not the vertical spill as it is happening now
AND
3. Remove the count of dependent family members against number of visas granted per year in any of EB category
IV already has easy, non controversial provisions that takes care of all.
1) Recapture all lost visas.
2) NO Country caps
3) Do not count dependants.
Just these 3 will make all categories current.
I'm not here to waste any one's time( including mine) but why shouldn't we ( i mean IV which includes "all" members) try for following
1. Automatic consideration of any EB3 after 5 years of filing date of LC ( conditions being verifiable and clean work history ) to EB2 such as a person in the queue shall be able to apply him/her self by providing facts such as 5 years of W2s, say for example.
2. Any spill over from ROW must "first" be made available to "highly retrogressed EB category" regardless of the country. Simple rule: make the spill over available to "that" EB category where there is most retrogession.
Meaning not the vertical spill as it is happening now
AND
3. Remove the count of dependent family members against number of visas granted per year in any of EB category
IV already has easy, non controversial provisions that takes care of all.
1) Recapture all lost visas.
2) NO Country caps
3) Do not count dependants.
Just these 3 will make all categories current.
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Vishal2007
05-03 06:13 PM
Tamils are totally discriminated in our so called Home land, I support Prabhakaran to bring Elam that brings relief to Tamils in India, We denounced India long back,, 35 yrs back terrorist Bal Thackeray killed Tamils (for his cheap politics) in Mumbai, then Karnataka (they are incomparable with trash) . Just for every one to know, if you are Singhalese 40% is good for your start College, if not, you need 80% to continue for college.
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pappu
06-26 01:34 PM
Yeah well. I also heard the rumour that in the next month july bulletin USCIS is going to move the dates forward from Current to Current+2 months = September 2007. This will allow everyone to get greencards in advance and then after they get their greencards they can apply for Labor, I140 and whatever.... :)
Please stop spreading rumours.
Please stop spreading rumours.
old_hat
05-02 11:41 PM
You Moron...open your Freaking eyes and read all the posts here. No one is supporting the LTTE. Why do you deviate from the topic again and again. We are talking about the civilians getting killed...but your freaking mind things and talks only about LTTE.
dude if u have no arguments, stop from calling names. i am not the one to be riled by intenet name calling. it is no bravery.
See my other posts and you will clearly see i have said that civilians need to be protected whether they are in darfur, kosovo or lanka. and i was replying to this particular person who was claiming
<i>It is Indian gov. lobbied efforts to ban LTTE by western country. they are well organized, disciplined and high tech group. some people raise another issue, they recruited young children to fight,</i>
this guy is clearly condoning LTTE. Dude either you get a pair of glasses or get some arguments with logic and yeah calling someone moron is not an argument.
dude if u have no arguments, stop from calling names. i am not the one to be riled by intenet name calling. it is no bravery.
See my other posts and you will clearly see i have said that civilians need to be protected whether they are in darfur, kosovo or lanka. and i was replying to this particular person who was claiming
<i>It is Indian gov. lobbied efforts to ban LTTE by western country. they are well organized, disciplined and high tech group. some people raise another issue, they recruited young children to fight,</i>
this guy is clearly condoning LTTE. Dude either you get a pair of glasses or get some arguments with logic and yeah calling someone moron is not an argument.
Sideliner
09-23 01:41 PM
..On the other hand though, those on the other side will think that this proves their point --- they are losing jobs and money -- immigrants are taking it. They are losing houses and properties --- immigrants are taking it. They will put the blame on us.
This is a very good point, while considering the good press you MAY get, also think about how many Lou's shows can use the same material to spread more hatred.
This is a very good point, while considering the good press you MAY get, also think about how many Lou's shows can use the same material to spread more hatred.
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