amitjoey
07-03 05:47 PM
http://jurist.law.pitt.edu/paperchase/2006/08/immigrants-file-lawsuit-against-us.php
JURIST@law.pitt.edu
JURIST@law.pitt.edu
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sidbee
06-02 03:59 PM
Its possible we will not win such a lawsuit....I am not a lawyer, and often things which seem discriminatory to the common man, cannot be proved so in the court of law.
Yet, such a lawsuit could get some publicity and at least highlight the baltantly unfair laws against certain groups people based on country of birth in the EB category.
It very well depends on the lawyer .
If he could prove country quota as unconstitutional, which i feel it is.
But yes IV should talk to a good constitutional lawyer(not immigration), and find the odds,
And as you said, even if we do not win , we would for sure get some media coverage.
Yet, such a lawsuit could get some publicity and at least highlight the baltantly unfair laws against certain groups people based on country of birth in the EB category.
It very well depends on the lawyer .
If he could prove country quota as unconstitutional, which i feel it is.
But yes IV should talk to a good constitutional lawyer(not immigration), and find the odds,
And as you said, even if we do not win , we would for sure get some media coverage.
alwayson
03-14 09:34 AM
I did my Candian PR through this firm
http://www.canadavisa.com/
Very professional. Timely communication.
http://www.canadavisa.com/
Very professional. Timely communication.
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nonimmi
06-28 12:31 PM
"expecting retrogresson ....in first wk of July... " ??
I thought logiclife already clarified that can not and will not happen!!
I thought logiclife already clarified that can not and will not happen!!
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belmontboy
05-30 01:07 AM
Hiralal aka Zen,
Get a life dude and stop parroting housing campaign in every post of yours. You do not even have $25 in your pocket to contribute but you want to talk about financial power of immigrants.
we are listening to new ideas/suggestions by all members, you don't have to be acrimonious in your response.
Please learn to tolerate others. Everybody deserves a fair chance to be heard.
Get a life dude and stop parroting housing campaign in every post of yours. You do not even have $25 in your pocket to contribute but you want to talk about financial power of immigrants.
we are listening to new ideas/suggestions by all members, you don't have to be acrimonious in your response.
Please learn to tolerate others. Everybody deserves a fair chance to be heard.
EndlessWait
07-10 11:36 AM
bbye monseiur!
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snathan
01-19 02:00 PM
Check my post . I withdrawn my post after realizing that it was not amusing to others. What else I could have done other then withdrawing my post ? How do you feel I should react when some one has gone personal ? Just giving lip service will not do good either. Where is the plan ? Did I said in my post anywhere that I will create hurdles for any movement for opposing this memo ? Mind it so many rules like AC21 or working for new employer just after transferring H1b never came out of any immigration forum thread. Gold rush of 2007 was result of Aila efforts . It all came after AILA negotiated with USCIS and I am keeping my eyes there. I am checking most sites because am worried too . Unfortunately people are forcing me to praise and sing for my ex employer which I will never do.Venting against my ex and supporting the memo are two different things.Anyway
I suggest try to establish contacts with AILA. That's the way to go. Unfortunately that's pointer is missing in this forum.
I am not sure if AILA really did anything for us in 2007. Logically thinking they are just a business and they care about only their income. They do not need to worry about our welfare. So I dont expect AILA would fight for us.
I suggest try to establish contacts with AILA. That's the way to go. Unfortunately that's pointer is missing in this forum.
I am not sure if AILA really did anything for us in 2007. Logically thinking they are just a business and they care about only their income. They do not need to worry about our welfare. So I dont expect AILA would fight for us.
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pitha
02-18 07:52 PM
I don’t get the point? If somebody comes here on visitor visa and files for 485 or people here illegally flip over to EB blah blah blah then you fix the loophole, you just don’t kill the 485 measure. If you have a brain tumor then you surgically remove the tumor. You just don’t cut of the head. Your solution to oppose 485 seems similar to that. What about the people who have been waiting for for a couple of years to get the labor and I140 cleared and cannot apply for 485 now, If you get laid off without 485 you don’t get AC21 provisions to get a similar job and the whole process is gone down the drain. Why are you worried about somebody who might do something in future when you don’t even want to bother about the people who would benefit from 485 measure right now and right here?
As you yourself suggested people from India (eb2 and eb3) should not worry about looking at Visa bulletins for the next 10 years because at current pace it will take at least 10 years. There is no company in USA in technology field which will keep you in the same position for 10 years. And you are opposing 485 on some loophole, so if I am reading between the lines people from India who have not yet applied for 485 might as well pack there bags and go back to India. Thanks a lot for your delightful insight!!!!!
BTW I talk about India not just because I am from India but because it is the most severely retrogressed category in both eb2 and eb3.Ofcourse people from ROW will also face the same problems I described above in EB3 if they have not applied for 485
For example the 485 filing without priority date; how many people knew that a person on visitor visa could file a 485; people from family base who are illegally here would be able to flip over to EB and come into this stream; people on L-1; f-1, etc. .
As you yourself suggested people from India (eb2 and eb3) should not worry about looking at Visa bulletins for the next 10 years because at current pace it will take at least 10 years. There is no company in USA in technology field which will keep you in the same position for 10 years. And you are opposing 485 on some loophole, so if I am reading between the lines people from India who have not yet applied for 485 might as well pack there bags and go back to India. Thanks a lot for your delightful insight!!!!!
BTW I talk about India not just because I am from India but because it is the most severely retrogressed category in both eb2 and eb3.Ofcourse people from ROW will also face the same problems I described above in EB3 if they have not applied for 485
For example the 485 filing without priority date; how many people knew that a person on visitor visa could file a 485; people from family base who are illegally here would be able to flip over to EB and come into this stream; people on L-1; f-1, etc. .
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weasley
09-23 06:44 PM
I completely agree with this. USCIS has better date than prior years. PD for October is Jan 2005,the numbers available for first quarter is 750 (approx) and around 700 I485s are in Jan 2005. We will know in Dec whether quarterly spill happens or not.
The key difference compared to last year is Pre-Adjudication and improved communication between DOS and USCIS.
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The key difference compared to last year is Pre-Adjudication and improved communication between DOS and USCIS.
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gc_check
06-15 01:45 PM
Luck does plays in big role in EB Immigration.
Prior to PERM, people applied from one of the States that were processing fast got the GC within couple years. People mainly from NY,NJ,CA,TX,OH and few others were those unlucky ones who had to go through back log elimination center with very old PD's. All, dates were current till Dec 31,2004 and most people who were able to get Labor approval prior to date were able to file 485 prior to this date and most got GC's. But BEC was slow in the beginning, they had this 45 day letter, etc... and by the time, labor approvals started from BEC, priority dates were already retrogressed. Still most people if not all got their GC's. They are still a significant numbers with PD's from 01,02 and 03 waiting in EB3 category and a few in EB2. Since late 2000 and 2001 were not a nice year for s/w sector, i believe a greater number of people were forced to change employment and without a approved I-140 they were not able to carry their PD. Also few folks stuck with a pending AOS somehow got lucky in July.
There are multiple form posts with reference to Oppenheim statements and I quote the link from Murthy website
http://www.murthy.com/news/n_ebvisa.html
I believe the significant % of numbers of pending application in EB2 would be with a PERM labor and all are with PD with March 2005 or later and few with traditional labor process. Assume 90% of applicants with PD earlier than 2003 should have got their GC's and if not will soon. EB3 would have a mix of folks waiting as many people are with PD 2004 or later and when dates were current, none bothered about the category in which GC/ labor was filed. EB3, had not gotten any unused visa from other categories and given the current scenario, it does not look bright either, unless EB2 is current, numbers don't trickle down to EB3 and EB3 ROW itself is in severe demand. I do know few unlucky friends of mine with EB3 PD of 2004 or earlier still waiting to file AOS.
We all know, till Sept 09, nothing would change. Come Oct 2009, with FY10 visas, at least pre-prem EB2 folks have a better change but for EB3, unless you are 2001 / 2002 chance are very little in FY10 and folks with PD03 and sooner can cautiously bet on FY11, unless there is some congressional intervention, the only option is to wait...
But if we can get one or two small relief, if not a complete solution to the entire mess, legislative solution like Not counting dependent (On average each primary application consume 2-3 visa numbers based on history), re-capture unused numbers, waive per country limit for n number of years or exclude people with PD older than 5 years and already in US (just an example) or exclude people who already have 40 credits points with SSA (At least these people have contributed to the country significantly ~10 yrs and already consider they are part of this society ) might help.
Also, lately there seems to be a lot of venting out in the forums rather than having a constructive debate / discussion. Also just talking does not translate to results.
It is practically not possible for all to be actively involved in works IV core is doing (appreciate them) for various reasons but small or big at the least, a one time contribution from all who have not done so far might help these folks who dedicate their time and energy and result in a relief for all. Change doesn't come @ ease. I am not active either, but from time to time, I try to do the small part I can. Given the dynamic environment we are in, we need to do something today or it is too late.... This forum has 30,000 + members and $10 per individual could translate to 300K that can be put to good use. Nothing is free in this world.
Prior to PERM, people applied from one of the States that were processing fast got the GC within couple years. People mainly from NY,NJ,CA,TX,OH and few others were those unlucky ones who had to go through back log elimination center with very old PD's. All, dates were current till Dec 31,2004 and most people who were able to get Labor approval prior to date were able to file 485 prior to this date and most got GC's. But BEC was slow in the beginning, they had this 45 day letter, etc... and by the time, labor approvals started from BEC, priority dates were already retrogressed. Still most people if not all got their GC's. They are still a significant numbers with PD's from 01,02 and 03 waiting in EB3 category and a few in EB2. Since late 2000 and 2001 were not a nice year for s/w sector, i believe a greater number of people were forced to change employment and without a approved I-140 they were not able to carry their PD. Also few folks stuck with a pending AOS somehow got lucky in July.
There are multiple form posts with reference to Oppenheim statements and I quote the link from Murthy website
http://www.murthy.com/news/n_ebvisa.html
I believe the significant % of numbers of pending application in EB2 would be with a PERM labor and all are with PD with March 2005 or later and few with traditional labor process. Assume 90% of applicants with PD earlier than 2003 should have got their GC's and if not will soon. EB3 would have a mix of folks waiting as many people are with PD 2004 or later and when dates were current, none bothered about the category in which GC/ labor was filed. EB3, had not gotten any unused visa from other categories and given the current scenario, it does not look bright either, unless EB2 is current, numbers don't trickle down to EB3 and EB3 ROW itself is in severe demand. I do know few unlucky friends of mine with EB3 PD of 2004 or earlier still waiting to file AOS.
We all know, till Sept 09, nothing would change. Come Oct 2009, with FY10 visas, at least pre-prem EB2 folks have a better change but for EB3, unless you are 2001 / 2002 chance are very little in FY10 and folks with PD03 and sooner can cautiously bet on FY11, unless there is some congressional intervention, the only option is to wait...
But if we can get one or two small relief, if not a complete solution to the entire mess, legislative solution like Not counting dependent (On average each primary application consume 2-3 visa numbers based on history), re-capture unused numbers, waive per country limit for n number of years or exclude people with PD older than 5 years and already in US (just an example) or exclude people who already have 40 credits points with SSA (At least these people have contributed to the country significantly ~10 yrs and already consider they are part of this society ) might help.
Also, lately there seems to be a lot of venting out in the forums rather than having a constructive debate / discussion. Also just talking does not translate to results.
It is practically not possible for all to be actively involved in works IV core is doing (appreciate them) for various reasons but small or big at the least, a one time contribution from all who have not done so far might help these folks who dedicate their time and energy and result in a relief for all. Change doesn't come @ ease. I am not active either, but from time to time, I try to do the small part I can. Given the dynamic environment we are in, we need to do something today or it is too late.... This forum has 30,000 + members and $10 per individual could translate to 300K that can be put to good use. Nothing is free in this world.
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tonyHK12
01-14 02:11 PM
Now you are asking me for specific details of my plan and my thinking is they heard the plan and got so pissed off that they started abusing me very badly and gave me so many reds that it must be a IV record and now uyou get a brain wave and i am supposed to tell specifics of my plan. What conditions are you as a IV member creating for me discussing my ideas. NOTHING. So that would mean you have no interest in listening to what i say but are just acting nice so that all thiose silent readers of the post will not notice this and think that you are doing great
I never asked you for your plan! you are just copy pasting the same material to all Donors and Senior members. Just makes it look more like a planned agenda.
so you're saying your job was only to start a fight on IV between EB2 and EB3, and you have no ideas?
Also you are continuously making a lot of veiled negative comments againt IV.
I never asked you for your plan! you are just copy pasting the same material to all Donors and Senior members. Just makes it look more like a planned agenda.
so you're saying your job was only to start a fight on IV between EB2 and EB3, and you have no ideas?
Also you are continuously making a lot of veiled negative comments againt IV.
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vdlrao
09-15 12:17 PM
This is the monthwise total for Only PERM for India for year 2005 and 2006.
Month EB (INDIA) # Approved
Jan,05 0
Feb,05 0
Mar,05 1
Apr,05 24
May,05 133
June,05 535
July,05 794
Aug,05 1313
Sep,05 1316
Oct,05 1212
Nov,05 1541
Dec,05 1771
Jan,06 1788
Feb,06 1729
Mar,06 2224
Apr,06 1635
May,06 1876
June,06 1902
July,06 1574
Aug,06 1317
Sep,06 963
PERM 2005 (All EB2+EB3) for India is 8640
PERM upto Sep 2006 (2+3) for india is 15008
So the movement depends on the spillover to EB2 india. I assume if it is in the range of 15 to 20K then it will move upto mid of 2006 by end of 2010 for sure.
If the spill over is in the range > 20K to EB2 india then it will go to September 2006.
How did you say that are Only EB2+ EB3?
Month EB (INDIA) # Approved
Jan,05 0
Feb,05 0
Mar,05 1
Apr,05 24
May,05 133
June,05 535
July,05 794
Aug,05 1313
Sep,05 1316
Oct,05 1212
Nov,05 1541
Dec,05 1771
Jan,06 1788
Feb,06 1729
Mar,06 2224
Apr,06 1635
May,06 1876
June,06 1902
July,06 1574
Aug,06 1317
Sep,06 963
PERM 2005 (All EB2+EB3) for India is 8640
PERM upto Sep 2006 (2+3) for india is 15008
So the movement depends on the spillover to EB2 india. I assume if it is in the range of 15 to 20K then it will move upto mid of 2006 by end of 2010 for sure.
If the spill over is in the range > 20K to EB2 india then it will go to September 2006.
How did you say that are Only EB2+ EB3?
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sodh
01-27 08:55 PM
Can please somebody reply, is this a non profit organisation or everytime somebody ask's some innocent question he is bombarded with counter questions like have you contributed, I can understand the frustations when there are freebee's but please everybody has his limitations,this reminds of bania's in mumbai you will get your your grocerries only if you have paid your previous debt's. Please don't force anybody, this makes every core members feel cheap, if somebody has to contribute he will contribute out of guilt out, of appreciation,out of obligation, we have not forgotten our dharma that is to help anybody that helps us.
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DareYouFireMe
04-29 01:05 PM
I am not sure why it is referred as abuse...
It is available to everybody.
It is available to everybody.
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ilikekilo
07-10 08:02 PM
Changed my mind. Updated my message. I appreciate your defense.
appreciate your ego strength man...thanks for the edit...u r the man..
appreciate your ego strength man...thanks for the edit...u r the man..
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vdlrao
07-16 05:11 PM
How many of you think theres a Possibility of Current for EB2 India in either of the Jul/Aug/Sep 2009 bulletins, just like a more than 2 years jump in Aug 2008 bulletin.
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BharatPremi
12-13 05:22 PM
In short, you cannot challenge the law itself but, can challenge how the law is interpreted.
In general terms, yes that is the case and it should be. But what if some law is in direct conflict with the main theme or part of the constitution ?
Like here EEO bans consideration of country of origin but EB based immigration allows per country limit. Both concepts/practice are really attached with "Employment". :confused:
And all laws are really covered under the power of constitution? If not than where this one (per country based) lies? Constitutional OR non constitutional?
In general terms, yes that is the case and it should be. But what if some law is in direct conflict with the main theme or part of the constitution ?
Like here EEO bans consideration of country of origin but EB based immigration allows per country limit. Both concepts/practice are really attached with "Employment". :confused:
And all laws are really covered under the power of constitution? If not than where this one (per country based) lies? Constitutional OR non constitutional?
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snthampi
08-02 04:43 PM
Can they stoop to such level?
I think they do. But again, it is my opinion. I have very bad opinion of these folks, because of my experience as a former IBO (15 days only) and a victim of torture by other IBOs.
I think they do. But again, it is my opinion. I have very bad opinion of these folks, because of my experience as a former IBO (15 days only) and a victim of torture by other IBOs.
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nandakumar
05-11 07:14 PM
I never stated that I support LTTE.
I understand, how intolerant you are. What is wrong in protesting or showing resentment?
Wrong! Stop assuming dude. People are here because they need the Green Card. We don't take an oath to renounce loyalties when we get it. Of course your intention is clear and I am thankful that we Indians don't need to count on you. Of course, its interesting that you are quite happy being a US Citizen when it's the US which has called the LTTE a terrorist organization. Hmm, I hope you did your research. Anyway, too late. We don't need you anymore in India and like I said earlier, good riddance. All the best!
I understand, how intolerant you are. What is wrong in protesting or showing resentment?
Wrong! Stop assuming dude. People are here because they need the Green Card. We don't take an oath to renounce loyalties when we get it. Of course your intention is clear and I am thankful that we Indians don't need to count on you. Of course, its interesting that you are quite happy being a US Citizen when it's the US which has called the LTTE a terrorist organization. Hmm, I hope you did your research. Anyway, too late. We don't need you anymore in India and like I said earlier, good riddance. All the best!
BharatPremi
09-25 06:05 PM
Pre-adjudication means that this particular case can be approved because everything else (Biometrics, Name-checks and all other checks/documentation) is in place - but a Visa Number is not available to approve case and issue GC
Earlier, USCIS wouldnt even touch a file and complete checks if the PD wasnt current. Now they pre-adjudicate - meaning they look at the case and determine if the case can be approved if the PD were current.....
Assigning a Visa Number is basically same as giving GC...once a visa number is assigned, all they have to do is order the production of the physical card...which happens in a few days and in another couple of weeks you actually get the card
Agree..about the clear definition of Pre-adjudication. But main question was about the accurate count of "Real pending" 485 which equals to "other pending" + "preadjudicated" + "awaiting cutomer response" + "new receipt" when you refer to USCIS's trend/volume charts.
While the other worksheet in the thread seems to be depicting the closet values to "other pending" of a trnd chart so that worksheet can not be considered authentic for a total count of "real pending" 485 cases.
Earlier, USCIS wouldnt even touch a file and complete checks if the PD wasnt current. Now they pre-adjudicate - meaning they look at the case and determine if the case can be approved if the PD were current.....
Assigning a Visa Number is basically same as giving GC...once a visa number is assigned, all they have to do is order the production of the physical card...which happens in a few days and in another couple of weeks you actually get the card
Agree..about the clear definition of Pre-adjudication. But main question was about the accurate count of "Real pending" 485 which equals to "other pending" + "preadjudicated" + "awaiting cutomer response" + "new receipt" when you refer to USCIS's trend/volume charts.
While the other worksheet in the thread seems to be depicting the closet values to "other pending" of a trnd chart so that worksheet can not be considered authentic for a total count of "real pending" 485 cases.
desi3933
06-17 01:19 PM
I agree with you on the above points. You are doing the right thing in not blaming others for the downtrend in salaries. However, you are fundamentally assuming that you would have enough time to upgrade and adapt. What if that assumption falls apart?
Well, how can I blame employer if he is looking for skillset I don't have. To give you an example, if employer is looking for dot net architect with .net 3.5 experience and you have experience of dot net 2.0 then you don't qualify for that job. Simple.
Now a days, things are changing at faster pace. If you can't cope with that, you will lagging behind. You can not ask everyone else to go slow to match your speed.
What if outsourcing companies hit your employer with people with your skillets at abysmal prices through fraud?
Like I said before in other posts, if you suspect fraudulent activity, you can report it to authorities. Also you have option of legal route, if you have been wronged.
Today many companies do not look into the long term but make short term decisions. They may prefer the loss in quality for the "immediate" cost savings. It may take time for them to realize their follies.
That is the decision employer has to make. It is upto employer whether he wants top-notch programmer or a mediocre one. Employer has top bear the cost of making bad decision in this case.
Just like, no one can force you to take a particular job or a particular salary, we can not force employer to salary for that job. If Employer offers 50k salary for the job, you believe it should be 80k, then you should look for job elsewhere. If everyone is offering 50 to 55 (for example), then you will be forced to reconsider your salary. This is called market forces and it works both ways. Sometimes it works in favor of you, other times it could be against you.
.
Well, how can I blame employer if he is looking for skillset I don't have. To give you an example, if employer is looking for dot net architect with .net 3.5 experience and you have experience of dot net 2.0 then you don't qualify for that job. Simple.
Now a days, things are changing at faster pace. If you can't cope with that, you will lagging behind. You can not ask everyone else to go slow to match your speed.
What if outsourcing companies hit your employer with people with your skillets at abysmal prices through fraud?
Like I said before in other posts, if you suspect fraudulent activity, you can report it to authorities. Also you have option of legal route, if you have been wronged.
Today many companies do not look into the long term but make short term decisions. They may prefer the loss in quality for the "immediate" cost savings. It may take time for them to realize their follies.
That is the decision employer has to make. It is upto employer whether he wants top-notch programmer or a mediocre one. Employer has top bear the cost of making bad decision in this case.
Just like, no one can force you to take a particular job or a particular salary, we can not force employer to salary for that job. If Employer offers 50k salary for the job, you believe it should be 80k, then you should look for job elsewhere. If everyone is offering 50 to 55 (for example), then you will be forced to reconsider your salary. This is called market forces and it works both ways. Sometimes it works in favor of you, other times it could be against you.
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