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mahujam
10-15 05:09 PM
So if I need a copy of my LCA/I-140, and I file a FOIA request, does that go in a different queue ?
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bsbawa10
03-09 03:48 PM
hey bsbawa atleast ur pd is apr 04, now it is feb 04 for you , there is hope that you will get it by this year end atleast, think about folks like me, i have to wait till 2019 to get my eb3 to current......... so stop crying and be happy that atleast ur in EB2........ :o
I came in 1999 and filed GC atleast 5 times (every time sometthing went bad), spent atleast 30,000 dollars. Applied for immigration to Australia and got rejected so the anguish is natural.
I came in 1999 and filed GC atleast 5 times (every time sometthing went bad), spent atleast 30,000 dollars. Applied for immigration to Australia and got rejected so the anguish is natural.
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hara_patta_for_rico
07-10 08:12 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.
Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....
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.
Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....
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mariner5555
03-06 06:48 AM
Many of them during the letters campaign, and most are ready to buy a home within a year of getting their green cards!
On ther other hand I personally know a very highly educated guy (IITBombay, MS then PhD in Electrical Eng- with a specialization in wireless tech) who got his EB GC 2-3 years too late... by that time the tech boom was over but the housing boom had already begun... so he decided to wait a few more years. Now he feels bad about the whole thing, and wonders if he should have bought a home when he was on H1B-- even if it would be frought with risk! That way, he would have been a millionaire today-- just like his friends who got their GCs and bought homes well in time.
8 years later, the history is repeating itself.
500,000+ people are patiently waiting in the EB GC queue... and chances are they will helplessly watch as home prices hit the bottom, and then rebound a few years later.
Some of them might decide to take the plunge and buy a home to take advantage of the low prices. However, many of them may be simply denied this chance becasuse their future is tied to a plastic card that has to be renewed every year!
Singhsa, sorry cannot help you right now with the media... maybe you can try getting help from the IV-media team?
personally I know many friends who did not buy house and are happy that they didnt (as it gave them flexibility). one of them is IITian who chose not to apply for a green card and he went back (and is at a higher post in mumbai).also I know many friends who bought house and are repenting because they brought it at height of bubble - they feel they should have waited for a longer time as they could have brought house in a better location (now they are staying 50 miles away from airport and 25 miles away from job in tough commute) - so personal experiences dont mean much.
BTW --housing is not the best way to become rich (unless you were successfully buying and selling houses (flipping) during the golden boom days - i.e 2003 - 2007) ..those days are gone and probably we wont see that again in our lifetime.
there are many articles nowadays which give you an example of the above ..also prices maybe lower ..but it will go down more ..and those who buy should think of their house as a place to stay(and if they really need the large space) ..not necessarily an investment.
On ther other hand I personally know a very highly educated guy (IITBombay, MS then PhD in Electrical Eng- with a specialization in wireless tech) who got his EB GC 2-3 years too late... by that time the tech boom was over but the housing boom had already begun... so he decided to wait a few more years. Now he feels bad about the whole thing, and wonders if he should have bought a home when he was on H1B-- even if it would be frought with risk! That way, he would have been a millionaire today-- just like his friends who got their GCs and bought homes well in time.
8 years later, the history is repeating itself.
500,000+ people are patiently waiting in the EB GC queue... and chances are they will helplessly watch as home prices hit the bottom, and then rebound a few years later.
Some of them might decide to take the plunge and buy a home to take advantage of the low prices. However, many of them may be simply denied this chance becasuse their future is tied to a plastic card that has to be renewed every year!
Singhsa, sorry cannot help you right now with the media... maybe you can try getting help from the IV-media team?
personally I know many friends who did not buy house and are happy that they didnt (as it gave them flexibility). one of them is IITian who chose not to apply for a green card and he went back (and is at a higher post in mumbai).also I know many friends who bought house and are repenting because they brought it at height of bubble - they feel they should have waited for a longer time as they could have brought house in a better location (now they are staying 50 miles away from airport and 25 miles away from job in tough commute) - so personal experiences dont mean much.
BTW --housing is not the best way to become rich (unless you were successfully buying and selling houses (flipping) during the golden boom days - i.e 2003 - 2007) ..those days are gone and probably we wont see that again in our lifetime.
there are many articles nowadays which give you an example of the above ..also prices maybe lower ..but it will go down more ..and those who buy should think of their house as a place to stay(and if they really need the large space) ..not necessarily an investment.
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GCOP
10-15 03:25 PM
We are trying to achieve our objective for our Freedom by Getting Greencards. Many of us experience that, we are not totally free to change the job evenif there is AC21 provision. We also do not have same privileges as US Permanent Resident. Ask the people, many of them have been turned down the Loans. Quoting my own example, my son is not eligible for College Federal Education Grants (FAFSA and PELL Grant) eventhough we have been paying all the taxes since 8 years. Even I cannot get a Private Loan for him, as we do not have Greencards. So by all means, we are feeling helplessness , because of not having Greencard. I support the idea of ItIsNotFunny. He should not be criticized for taking initiative or just for suggesting. We cannot succeed in getting any Legislation passed, is a different issue But We should always try. Who knows, we may find ourselves successful in one of our attempts.
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sku
01-22 11:05 AM
Nice definition for happiness for American, Japenese , So what about definition of happiness for Indian , Is it GC ? :):)
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ita
09-10 11:09 AM
I'm not able to figure out how to post a mssg in chat..is it 'coz I'm restricted or something? At the bottom of the page I see my name as logged in members though..I've over 150 posts and 4 dots..not enough for access to chat or is it that I'm not able to figure out how to post mssgs? Appreciate it if someone can explain it to me.
Thank you.
Thank you.
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gc28262
03-10 03:27 PM
Before taking up any agenda, check with IV core whether it is the right time.
If it was the right time, why wouldn't IV core initiate any action items when members are so willing to take up those ?
If it was the right time, why wouldn't IV core initiate any action items when members are so willing to take up those ?
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srikondoji
06-30 09:42 PM
What exactly are you trying to say?
You contradict yourself and also make a fool of yourself.
First you suggest a random date called 9th and then admit that your prior decisions and that to GC specific did not prove to be right. Why in the world you want to post your own bad record is beyond me.
just chill. I just cooked a spicy chicken with red/orange/green peppers.
Please don't spoil my dinner after going through hell past 2 days.
In opinion July 9th onward is the best time to send 485 packages to USCIS. But this is only my opinion and understanding and every one is free to do any thing with their own decisions or with help of their attorney.
Most of the time my many decisions didn�t proven to be good in past as for as my GC processing goes. So please take your own decision yourself and dont be stressed.
You contradict yourself and also make a fool of yourself.
First you suggest a random date called 9th and then admit that your prior decisions and that to GC specific did not prove to be right. Why in the world you want to post your own bad record is beyond me.
just chill. I just cooked a spicy chicken with red/orange/green peppers.
Please don't spoil my dinner after going through hell past 2 days.
In opinion July 9th onward is the best time to send 485 packages to USCIS. But this is only my opinion and understanding and every one is free to do any thing with their own decisions or with help of their attorney.
Most of the time my many decisions didn�t proven to be good in past as for as my GC processing goes. So please take your own decision yourself and dont be stressed.
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shreekhand
05-14 12:28 AM
Unfortunately one needs to have a GC or be a USC in order to be eliglible for FAFSA or any federal financial aid.
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Macaca
04-04 04:08 PM
IEEE-USA has recently changed their site. Earlier their title was H1B visa. Now the title is Immigration Reform.
IEEE has a huge number of Indian, Chinese and Korean members. I would not be surprsied if > 50% members are immigrants.
I have not heard that Programmer's Guild/Lou Dobbs supports IEEE-USA or vice-versa. Please let me know if you have a reference.
IEEE has a huge number of Indian, Chinese and Korean members. I would not be surprsied if > 50% members are immigrants.
I have not heard that Programmer's Guild/Lou Dobbs supports IEEE-USA or vice-versa. Please let me know if you have a reference.
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pitha
06-12 07:53 AM
our chances of getting some relief are better if infact CIR dies. if cir dies there might be a chance for SKIL bill.Even if SKIL is not taken up no bill is better than this CIR authored by ron hira aka kennedy, durbin and kyl.
so what, what does CIR offers for us, legal immigrants who are already here, give me one instance where Bush addresses our issue
he does'nt even know we exist
CIR fooled us twice guys, letz getover with it and try to find another way to have our provisions,
we certainly don't need sweeping legislative chance to reduce retrogression
so what, what does CIR offers for us, legal immigrants who are already here, give me one instance where Bush addresses our issue
he does'nt even know we exist
CIR fooled us twice guys, letz getover with it and try to find another way to have our provisions,
we certainly don't need sweeping legislative chance to reduce retrogression
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grupak
02-15 05:33 PM
Look, I don't want to enter a pissing match with anyone here. Go read your history (http://americanhistory.suite101.com/article.cfm/limiting_the_huddled_masses) before jumping to conclusions.
Supporting a law based on eugenics is very sad indeed.
Supporting a law based on eugenics is very sad indeed.
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desi3933
07-09 04:42 PM
Certainty is related to belief not reality. It still means the name check was not completed. The law does not say they "when you are certain that the FBI name check can be cleared..please allot a visa."
Would you mind quoting the actual law then?
Does every I-485 need FBI approval or just background check? How do you know that it needs FBI Name Check for all cases. Quote the law please.
Would you mind quoting the actual law then?
Does every I-485 need FBI approval or just background check? How do you know that it needs FBI Name Check for all cases. Quote the law please.
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Jimi_Hendrix
12-13 11:40 AM
I think you should write an e-mail to the core team to get their attention on this idea.
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RNGC
12-23 09:49 PM
Hello everyone...
IV is doing a great job.....I suggest to send email to the individuals private email about these conference calls and meeting etc in atleast 2-3 in advance, ....We get so busy that we may not be able to check IV daily, but we do check our inbox...Planning to go to the CT meeting tomorrow....Anyone from plainsboro send me a PM
Ranga
Plainsboro, NJ
IV is doing a great job.....I suggest to send email to the individuals private email about these conference calls and meeting etc in atleast 2-3 in advance, ....We get so busy that we may not be able to check IV daily, but we do check our inbox...Planning to go to the CT meeting tomorrow....Anyone from plainsboro send me a PM
Ranga
Plainsboro, NJ
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sathyaraj
03-06 10:54 PM
Hi All:
I have filed my AOS during last july 2007 and got EAD/AP etc. It has been more than 180 days and have decided to move to new company using AC21.
There have been many threads with information on whether to contact USCIS or not. I have decided to contact USCIS and inform them about Ac21. I hired a lawyer. He seems to be very knowledgeable. As per him, it is not enough just to have an offer letter with salary and job details. He prepared a letter such that the new company also supports my green card process. I am not sure whether my new company will provide this information. As per the information, I have seen in murthy and Rajiv Khanna there is no need to have any support from the new company. Only fulltime job with salary and job duties is enough. He also scared me saying that if the new company does not support my GC, I have to start all over again.
Please provide me with your experience and the inputs from your attorney.
I apologize if this matter is already discussed. Please point me the thread so that I can look up and see.
Regards
SathyaRaj
I have filed my AOS during last july 2007 and got EAD/AP etc. It has been more than 180 days and have decided to move to new company using AC21.
There have been many threads with information on whether to contact USCIS or not. I have decided to contact USCIS and inform them about Ac21. I hired a lawyer. He seems to be very knowledgeable. As per him, it is not enough just to have an offer letter with salary and job details. He prepared a letter such that the new company also supports my green card process. I am not sure whether my new company will provide this information. As per the information, I have seen in murthy and Rajiv Khanna there is no need to have any support from the new company. Only fulltime job with salary and job duties is enough. He also scared me saying that if the new company does not support my GC, I have to start all over again.
Please provide me with your experience and the inputs from your attorney.
I apologize if this matter is already discussed. Please point me the thread so that I can look up and see.
Regards
SathyaRaj
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kshitijnt
05-10 11:27 PM
I urge everyone to read the donor forum...we need more people to work on couple of issues and fixes. Please become a donor and take part in this...if you are serious to fix these issues.
What is a donor. I previously donated $500 and I am not on that forum. Also asked IV through PM about it. Never got a response.
What is a donor. I previously donated $500 and I am not on that forum. Also asked IV through PM about it. Never got a response.
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gc_maine2
07-13 09:37 AM
JbpVisa,
Can you please take a moment to change the SPELLING to 'MURTHY", Please its misleading to members, and thanks for posting the information.
Can you please take a moment to change the SPELLING to 'MURTHY", Please its misleading to members, and thanks for posting the information.
Ramba
07-14 05:52 PM
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist, even if you change the employer before 180 days completion of 485 filing.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
You quit the sponsorer within a month of 485 filing. No problem. You are still covered under AC21. As per AC21 memo, if your 485 is pending more than 6 months it is still valid, no matter when you chage the job. Forget your previous desi employer. Sumbit the letter from your current employer with all the details that USCIS looking for in RFE. Your 485 will be fine if it is similar job to your previous one. If you are not working for him now dont sent a letter from him. Be genuine. Your lawer should clearly write in the RFE letter that the terms & conditions of your employement based visa petition (or labor certification) continue to exist based on the AC21 law that allows the change of employer.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist, even if you change the employer before 180 days completion of 485 filing.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
You quit the sponsorer within a month of 485 filing. No problem. You are still covered under AC21. As per AC21 memo, if your 485 is pending more than 6 months it is still valid, no matter when you chage the job. Forget your previous desi employer. Sumbit the letter from your current employer with all the details that USCIS looking for in RFE. Your 485 will be fine if it is similar job to your previous one. If you are not working for him now dont sent a letter from him. Be genuine. Your lawer should clearly write in the RFE letter that the terms & conditions of your employement based visa petition (or labor certification) continue to exist based on the AC21 law that allows the change of employer.
fromnaija
07-24 08:56 AM
We could pose this question to the USCIS Director today. He will be at Ask the White House at 4pm ET today. Pose your question at:
http://www.whitehouse.gov/ask
http://www.whitehouse.gov/ask
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