varshadas
11-29 03:41 PM
My PD is Oct 2002 - EB3.
140 cleared.
I can be reached at varshadas@hotmail.com
We need to have a conference call between us and then go and meet whoever we have to.
We have to be very clear on what we have to talk about and must bring the issues to light in a way that will have a lasting effect on the listener.
140 cleared.
I can be reached at varshadas@hotmail.com
We need to have a conference call between us and then go and meet whoever we have to.
We have to be very clear on what we have to talk about and must bring the issues to light in a way that will have a lasting effect on the listener.
wallpaper forward Dirk Nowitzki,
vshar
08-10 09:32 PM
Most of the Eb3's are either working for big companies who won't do GC in EB2 or not qualified for eb2 ( so called 3 year degree ) and enjoying all these years when they know clearly eb3 is not going any where ...what in the world prevent them to move up the ladder and porting their PDs ...They dont want to take any risk and just show their frustation in internet forums
As some one in the forum quoted "There is a path of joy and there is the path of pleasure. Pondering on them, the wise (eb1 ,pre-approved labor and eb2 inorder ) chooses the path of joy; the fool takes the path of pleasure."
So dear Mr. pathfinder, could u suggest me a �BETTER" path if I have 3 years of bachelors from India with 8 years of IT experience when I landed in USA in 2003. I applied my labor in 6/2006 and my I-140 got rejected when I applied under EB2 category coz My (B Com) was 3 years of degree and not 4 years. So, don�t generalize the problem just because you are not facing it.
Peace.
As some one in the forum quoted "There is a path of joy and there is the path of pleasure. Pondering on them, the wise (eb1 ,pre-approved labor and eb2 inorder ) chooses the path of joy; the fool takes the path of pleasure."
So dear Mr. pathfinder, could u suggest me a �BETTER" path if I have 3 years of bachelors from India with 8 years of IT experience when I landed in USA in 2003. I applied my labor in 6/2006 and my I-140 got rejected when I applied under EB2 category coz My (B Com) was 3 years of degree and not 4 years. So, don�t generalize the problem just because you are not facing it.
Peace.
grinch
03-15 07:53 AM
I'm going to host the next character 3d battle.
What specs do you guys want?
How about 6-7 weeks for due date?
Any themes on character design?
What specs do you guys want?
How about 6-7 weeks for due date?
Any themes on character design?
2011 Dirk Nowitzki 1997 1/2
cps060
01-31 04:27 PM
If I-140 has been approved, would it still be fine to apply for transfer from H1-B to F1 status by using form I-539 & university issued I-20 ? How long does it take to transfer status from H1B to F1 ? When can one start school �. Only after I-539 approval or after only applying ?
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?
more...
Madhuri
11-10 05:24 PM
I received receipt number from USCIS for my letter.
bigboy007
06-11 12:54 PM
I wouldn't worry about this.. this bill is in embyonic stage, hundreds of such ridiculous bills are persented each years and they never make it to either house or senate floors for voting. Remember US politicians all the time "propose" or "talk about" such crazy bills to make happy the crazy segment of voters in their constituency and to make a buzz in the media. This is nothing more than Rakhi sawant accusing Mika of kissing. Nothing is going to happen without the full fledge CIR. Anyone believes the country which gives amnesty to illegals every 10-15 years will take such a nasty step and hurt itself ? Just watch in the months ahead what happens to AZ law or rather it's (non)implementation.
can you please answer me why TARP H1B restrictions passed if everything had to be taken up in CIR. after seeing that lengthy explanation from IV Core I cant imagine how come some of us tend to pacify ourselves we are safe for ever. I wish so and its good to be prepared and help ourselves. But looking at the text i see this as part 2 of TARP and many parts on the way ... They are not talking about illegals they are talking about the HOT Topic "JOBS". this is similar attitude we had when TARP restrictions were passed.
can you please answer me why TARP H1B restrictions passed if everything had to be taken up in CIR. after seeing that lengthy explanation from IV Core I cant imagine how come some of us tend to pacify ourselves we are safe for ever. I wish so and its good to be prepared and help ourselves. But looking at the text i see this as part 2 of TARP and many parts on the way ... They are not talking about illegals they are talking about the HOT Topic "JOBS". this is similar attitude we had when TARP restrictions were passed.
more...
bheemi123
10-03 01:33 PM
My wife is on L-1 currently and has an approved H-1b petition from company B which is a "change of status" effective October 01.
We would like to stick to the L-1 for some more time and from what I gather one way of doing it is for her to travel out of the country and move back in.
What other options do we have?
Thanks
that is the only ption to continue L status..but remember u can not use h1b ..and u have to apply again for h1b in next year quota....
We would like to stick to the L-1 for some more time and from what I gather one way of doing it is for her to travel out of the country and move back in.
What other options do we have?
Thanks
that is the only ption to continue L status..but remember u can not use h1b ..and u have to apply again for h1b in next year quota....
2010 NBA champions and they are
Dhundhun
03-08 01:00 AM
I have same understanding - from friends, who got greencards.
There is no need to let USCIS know about changing job after 180 days of 485 filing. U should have offer / empl letter from the employer when your priority date becomes current.
Job title can be different but job duties must be similar.
Salary difference is ok but it should not be less than what is mentioned in labor certification.
In addition to this couple of my close friends got GC recently and they never notify USCIs about new job(AC 21).
Cheers!
There is no need to let USCIS know about changing job after 180 days of 485 filing. U should have offer / empl letter from the employer when your priority date becomes current.
Job title can be different but job duties must be similar.
Salary difference is ok but it should not be less than what is mentioned in labor certification.
In addition to this couple of my close friends got GC recently and they never notify USCIs about new job(AC 21).
Cheers!
more...
jayz
08-15 05:28 PM
Well, I mean no offense to anybody but why is EB3 ROW so far back while EB2 India and China are as per June bulletin or better?
I thought for India the approved cases were 5 times the country quota for 2007? Good for those guys that were approved but I still don't get it why ROW is 2002!
The reasoning that I can see is, you are comparing EB2 to EB3. EB2 gets higher preference than EB3, but I am not sure how the per-country rationing plays in this mix.
I thought for India the approved cases were 5 times the country quota for 2007? Good for those guys that were approved but I still don't get it why ROW is 2002!
The reasoning that I can see is, you are comparing EB2 to EB3. EB2 gets higher preference than EB3, but I am not sure how the per-country rationing plays in this mix.
hair behind Dirk Nowitzki#39;s 33
rajuram
01-28 11:00 AM
In the new year, I have not seen any posts expalining how IV is "working" on resolving our issues. All that is posted now is requests for money. I know more money is needed and would be glad to contribute, if only the senior members show that some serious efforts are being made in the background. Yes IV did do very good work last year, but that is history now; but what work is going on now, nobody knows. Don't need details, but even broad details will help. Is something being done for appropriation bills, no one knows or tells.
For example, after the elections no attempts virtually no attempts have been done to do webfax campaign tragetted towards pro-immigration inclined politicians. No lists have been made of such politicians. Just by waking up few days before the bills are discussed is not going to help.
Rajuram
You got couple of things wrong here. Passing a legislation is not a piece
of cake. It would take sometimes years persistent effort. Contributing
a few hundred or even a thousand dollars and expecting everything to be
changed would be too ridiculous. Several tech lobbies are also lobbying
hard for similar things. And they spend money in millions. Any man with commonsense could understand how difficult things if those powerful business could not take care this.
Now u may ask, if these tech lobbies cannot take care of it how could a small group like us do it? Last year when CIR was passed in the senate, there was a catch int. It would have imposed hard country quota. With IVs work we were able to remove that hard cap clause from the bill. The bottom line is that we may not be able to pass a huge bill, but we could get sevearl smaller bills in peacemeals that would help our cause.
If we keep on working on it, eventually some doors will open for us. But nobody is not sure when thats going to happen. So here is my take on this whole drama. I'll support IV for next 3 years. And if nothing happens I'll pack my bags. :D :D :D
Now good luck on your GC
For example, after the elections no attempts virtually no attempts have been done to do webfax campaign tragetted towards pro-immigration inclined politicians. No lists have been made of such politicians. Just by waking up few days before the bills are discussed is not going to help.
Rajuram
You got couple of things wrong here. Passing a legislation is not a piece
of cake. It would take sometimes years persistent effort. Contributing
a few hundred or even a thousand dollars and expecting everything to be
changed would be too ridiculous. Several tech lobbies are also lobbying
hard for similar things. And they spend money in millions. Any man with commonsense could understand how difficult things if those powerful business could not take care this.
Now u may ask, if these tech lobbies cannot take care of it how could a small group like us do it? Last year when CIR was passed in the senate, there was a catch int. It would have imposed hard country quota. With IVs work we were able to remove that hard cap clause from the bill. The bottom line is that we may not be able to pass a huge bill, but we could get sevearl smaller bills in peacemeals that would help our cause.
If we keep on working on it, eventually some doors will open for us. But nobody is not sure when thats going to happen. So here is my take on this whole drama. I'll support IV for next 3 years. And if nothing happens I'll pack my bags. :D :D :D
Now good luck on your GC
more...
shantanup
03-16 05:44 PM
Infinite_Patience_GC,
Though I don't like your language and attitude, you have a valid point. I honestly feel that those who have used labor substitution should not get their green cards earlier than me.
Though I don't like your language and attitude, you have a valid point. I honestly feel that those who have used labor substitution should not get their green cards earlier than me.
hot Dirk Nowitzki(notes) and Steve
gsc999
07-01 10:45 PM
When prominent business houses like Microsoft, Google, Cisco, Oracle and organizations like AILA seem powerless when it comes to influencing senators, lawmakers and government organizations like USCIS and DOS, what can IV team do to change the policies. Sorry I did not mean to criticize, but that's the truth, unfortunately!
--
Mandeep:
Welcome to IV. Yes, the odds are overwhelming but not impossible. A small glimmer of hope is enough to bring thousands of like minded people stuck in retrogression and backlog to IV. I use to share your skepticism. Not anymore, IV has achieved a lot. I won't go down the list but lot more needs to be done, for that we need more members, to become more influential and effective.
Hope to see you become more active here.
--
Mandeep:
Welcome to IV. Yes, the odds are overwhelming but not impossible. A small glimmer of hope is enough to bring thousands of like minded people stuck in retrogression and backlog to IV. I use to share your skepticism. Not anymore, IV has achieved a lot. I won't go down the list but lot more needs to be done, for that we need more members, to become more influential and effective.
Hope to see you become more active here.
more...
house I said Steve. Over Kobe.
vin13
11-10 11:07 PM
Guys..
I have been watching and participating in this drama for a long time....
We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.
This will benefit all EB 2 / EB 3
We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...
If your are with me please respond to this thread
We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand
Seriously guys,
We worked on putting a draft letter to address quarterly spillover just yesterday. We even planned for a conference call. We ended up with just two of us. The draft letter is still out there in Donor forum:Quarterly spillover
There is more talk than people wanting to really do something. We cannot get people to attend a conference call. How can we expect to mobilize to go to court?
Here is the draft. See if some of you can use it to fight the cause.
----------------------------------------------------------------------------------------------
Dear Mr. Charles Oppenheim,
First of all we would like to congratulate the administration for taking the right steps by changing the USCIS website and making detailed information available to the applicants. We would like to also thank the administration for proactively working on I485 cases and pre-adjudicating them.
We are writing to get clarification regarding the law that control the unused VISA numbers falling across to other countries here after referred as �Spill-over� process. Looking at the VISA date movement over previous few years in last calendar quarter made us believe that Spill-over followed by USCIS is yearly and not quarterly.
The law being referred as defined in Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(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.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Our interpretation of the Section 202(a)(5) of the Immigration and Nationality Act states that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a *calendar quarter*, then the unused numbers may be made available without regard to the annual �per-country� limit. We feel that *quarterly Spill-over helps* both the administration as well as applicants.
Quarterly Spill-over will benefit administration by:
1) Steady VISA movement will increase visibility for the administration in turn will help administration to forecast forward movement of VISA dates.
2) Spill-over when issued quarterly, effectively reduces/minimizes chances of visas wastages as the burden is not pushed at the end of fiscal year.
3) Balanced workload for the immigration officers and card issue helping USCIS to better manage efficiently, as Spill-over is divided in 4 quarters, rather only in last quarter.
4) Spill-over when issued quarterly means saving administrative effort, time and money in processing EAD, Advance parole applications for the petitioners who may get GCs as much as 9 months earlier and who are near Approval dates.
5) Effective forward movement of VISA dates will give opportunity for potential applicants to file I-485 earlier, which in turn will bring steady new workload to administration.
Quarterly Spill-over will benefit Applicants by:
1) Existing applicants potentially will be able to get their permanent residencies 6-8 months in advance.
2) New petitioners will be able to file their I-485, EAD and AP sooner due to Forward movement in VISA dates.
3) Streamlined VISA movement helps retrogressed Applicants effectively estimate their approval dates to plan their future appropriately.
As explained above by following quarterly Spill-over process as defined by law will be WIN-WIN for administration and applicants. We would appreciate your kind clarification/action on implementation of this existing rule. Thanks,
I have been watching and participating in this drama for a long time....
We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.
This will benefit all EB 2 / EB 3
We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...
If your are with me please respond to this thread
We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand
Seriously guys,
We worked on putting a draft letter to address quarterly spillover just yesterday. We even planned for a conference call. We ended up with just two of us. The draft letter is still out there in Donor forum:Quarterly spillover
There is more talk than people wanting to really do something. We cannot get people to attend a conference call. How can we expect to mobilize to go to court?
Here is the draft. See if some of you can use it to fight the cause.
----------------------------------------------------------------------------------------------
Dear Mr. Charles Oppenheim,
First of all we would like to congratulate the administration for taking the right steps by changing the USCIS website and making detailed information available to the applicants. We would like to also thank the administration for proactively working on I485 cases and pre-adjudicating them.
We are writing to get clarification regarding the law that control the unused VISA numbers falling across to other countries here after referred as �Spill-over� process. Looking at the VISA date movement over previous few years in last calendar quarter made us believe that Spill-over followed by USCIS is yearly and not quarterly.
The law being referred as defined in Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(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.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Our interpretation of the Section 202(a)(5) of the Immigration and Nationality Act states that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a *calendar quarter*, then the unused numbers may be made available without regard to the annual �per-country� limit. We feel that *quarterly Spill-over helps* both the administration as well as applicants.
Quarterly Spill-over will benefit administration by:
1) Steady VISA movement will increase visibility for the administration in turn will help administration to forecast forward movement of VISA dates.
2) Spill-over when issued quarterly, effectively reduces/minimizes chances of visas wastages as the burden is not pushed at the end of fiscal year.
3) Balanced workload for the immigration officers and card issue helping USCIS to better manage efficiently, as Spill-over is divided in 4 quarters, rather only in last quarter.
4) Spill-over when issued quarterly means saving administrative effort, time and money in processing EAD, Advance parole applications for the petitioners who may get GCs as much as 9 months earlier and who are near Approval dates.
5) Effective forward movement of VISA dates will give opportunity for potential applicants to file I-485 earlier, which in turn will bring steady new workload to administration.
Quarterly Spill-over will benefit Applicants by:
1) Existing applicants potentially will be able to get their permanent residencies 6-8 months in advance.
2) New petitioners will be able to file their I-485, EAD and AP sooner due to Forward movement in VISA dates.
3) Streamlined VISA movement helps retrogressed Applicants effectively estimate their approval dates to plan their future appropriately.
As explained above by following quarterly Spill-over process as defined by law will be WIN-WIN for administration and applicants. We would appreciate your kind clarification/action on implementation of this existing rule. Thanks,
tattoo our own Steve Nash and of
sri1309
09-11 07:48 AM
I am in for this. Is this something that can be a planned effort rather than a impulsive exercise?
I think we should -
1) Wait till this session of the Congress gets over.
2) Form a work group that will chalk out the plan (of efforts).
3) Execute the planned efforts.
Efforts could include things like -
1) Discussing the proposal with supporting Senators like Zoe Lofgren.
2) Making conscious efforts to publicize our woes and genuine issues / conditions.
3) Quantify the benefits of our presence - in evidence of a quantified evidence, idiots like Loo Dog, etc. can't refute that much.
4) Talk to organizations like Lazaras (or some org.) form a more cosmopolitan group including Chinese and others as well.
5) Letter campaign in mass to all Congressmen's offices telling them the sad story about waiting for 8-10 years.
6) Any other efforts that CORE comes up with.
Planned & focused efforts always yield desired results... I believe so.
Others, please chime in.
-A.
It can be planned effort easily if Core team supports us. Otherwise, all of us will be airing our views, but where will the strength come. Even if 50-100 people join hands here, thats not a good #. We need a very big #. Thats possible if a campaign is started by somebody like IV and list it in the headlines section and direct us all to a target.
How do I create a new thread, pls let me know.
Lets wait for 5882, not upset any one.. Once thats done, based on outcome, its Lets shoot for Citizenship.
Thanks,
Sri.
I think we should -
1) Wait till this session of the Congress gets over.
2) Form a work group that will chalk out the plan (of efforts).
3) Execute the planned efforts.
Efforts could include things like -
1) Discussing the proposal with supporting Senators like Zoe Lofgren.
2) Making conscious efforts to publicize our woes and genuine issues / conditions.
3) Quantify the benefits of our presence - in evidence of a quantified evidence, idiots like Loo Dog, etc. can't refute that much.
4) Talk to organizations like Lazaras (or some org.) form a more cosmopolitan group including Chinese and others as well.
5) Letter campaign in mass to all Congressmen's offices telling them the sad story about waiting for 8-10 years.
6) Any other efforts that CORE comes up with.
Planned & focused efforts always yield desired results... I believe so.
Others, please chime in.
-A.
It can be planned effort easily if Core team supports us. Otherwise, all of us will be airing our views, but where will the strength come. Even if 50-100 people join hands here, thats not a good #. We need a very big #. Thats possible if a campaign is started by somebody like IV and list it in the headlines section and direct us all to a target.
How do I create a new thread, pls let me know.
Lets wait for 5882, not upset any one.. Once thats done, based on outcome, its Lets shoot for Citizenship.
Thanks,
Sri.
more...
pictures even though Dirk Nowitzki
signifer123
02-15 08:44 AM
Glad i already have an idea of how i'm gonna do it maybe later i'll start on it and give you guys a quick pic if grinch doesn't
dresses Steve Nash won game 4 with an
eb3_nepa
02-14 12:50 PM
Retrohatao,
The point we are trying to make is, that we want to make the GC process ENTIRELY simple. There are various stages at which the applications are getting stuck right now. Labour, 485, Name check etc.
Just to confirm, i am not comparing anything to anything. Even the plight of the spouses not being able to work and kids aging out is equally distressing to the person on whom it has befallen upon. Just like you feel despair with the Name check we all feel an equal amount if not more despair at our various issues. When i said "sub issue" i mean it is ONE of the many issues that is obstructing the path to the Green card.
We appreciate that you brought the name check clearance to our notice as some of us were not aware that it was a problem. But please, for everyone's sake, do not compare 2 situations. We are all in this mess together and together we shall rise from it. For that we need to be united. :)
The point we are trying to make is, that we want to make the GC process ENTIRELY simple. There are various stages at which the applications are getting stuck right now. Labour, 485, Name check etc.
Just to confirm, i am not comparing anything to anything. Even the plight of the spouses not being able to work and kids aging out is equally distressing to the person on whom it has befallen upon. Just like you feel despair with the Name check we all feel an equal amount if not more despair at our various issues. When i said "sub issue" i mean it is ONE of the many issues that is obstructing the path to the Green card.
We appreciate that you brought the name check clearance to our notice as some of us were not aware that it was a problem. But please, for everyone's sake, do not compare 2 situations. We are all in this mess together and together we shall rise from it. For that we need to be united. :)
more...
makeup Steve Nash Could Have Used A
nixstor
07-02 10:46 PM
Guys,
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
girlfriend Steve Nash, Dirk Nowitzki,
varshadas
01-30 02:51 PM
After we come up with the final flyer with images and stuff, we should get it reviewed by IV to make sure that we don't have conflicting statements. We have to get color printouts. We can get them at Kinko's.
Who is good with PPT? Someone can work on the images? Do we want to use IV's existing images or make some new ones?
Thanks,
Varsha
Who is good with PPT? Someone can work on the images? Do we want to use IV's existing images or make some new ones?
Thanks,
Varsha
hairstyles Dallas forward Dirk Nowitzki
voldemar
06-23 02:32 PM
Thanks Volemar for the reply. Do you have any official link for both these answers? I just want to apply EAD along with I-140 and I-485. I will not use EAD until the I-140 is approved. Every time I talk to my employer and attorney, they always ask me about the proof in form of any official uscis link for any damn thing.
Any help would be highly appreciated.There could not be any official links for that. The question is too broad. Search Murthy.com and other lawyer web site about H1 and EAD.
Also ask your lawyer what do they mean by "safer"?
Any help would be highly appreciated.There could not be any official links for that. The question is too broad. Search Murthy.com and other lawyer web site about H1 and EAD.
Also ask your lawyer what do they mean by "safer"?
tikka
07-03 10:35 AM
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memyselfandus
09-20 11:07 AM
I have the domain...ready to transfer: if IV core needs it...
I was just checking the domain name availability. legalimmigrationvoice.com and .org got taken yesterday. Hopefully its the core or someone supporting member of IV.
I was just checking the domain name availability. legalimmigrationvoice.com and .org got taken yesterday. Hopefully its the core or someone supporting member of IV.
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