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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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kutra
03-03 06:51 PM
Some of the data can be obtained from here
http://www.foreignlaborcert.doleta.gov/pdf/PERM_Data_FY07_Announcement.pdf
of course it is not complete but gives a good glimpse.
Now, you show me your 10 billion dollars :)
My 10 billion dollars can be found here: http://www.prankplace.com/funnymoney.htm :D
BTW, your PDF is data for people who filed under PERM in 2007, and not for the audience you are including in your letter.
Anyway, I am going to stop playing devil's advocate and let you manage this. Just make sure you don't invite unnecessary attention by asking outlets to come peeking here.
http://www.foreignlaborcert.doleta.gov/pdf/PERM_Data_FY07_Announcement.pdf
of course it is not complete but gives a good glimpse.
Now, you show me your 10 billion dollars :)
My 10 billion dollars can be found here: http://www.prankplace.com/funnymoney.htm :D
BTW, your PDF is data for people who filed under PERM in 2007, and not for the audience you are including in your letter.
Anyway, I am going to stop playing devil's advocate and let you manage this. Just make sure you don't invite unnecessary attention by asking outlets to come peeking here.
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newuser
04-20 10:49 PM
Please do attend this tomorrow and make it a successfull event.
All the best .
All the best .
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mugwump
09-26 05:00 PM
I understand your point, doesn't make sense to burn bridges. we might need her in the future
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axp817
01-30 01:51 PM
Unfortunately I don't have answers to any of your questions. Since you have a competent and friendly attorney, you might want to ask them about self employment.
If you port to self employment using AC-21, maybe you could send that as documentation to the USCIS. Also, in such a case, how does one show that one is getting paid? There is no payroll for the self employed, as far as I understand, so do you have to show some other form of income? like revenue generated by your company or something like that?
If you port to self employment using AC-21, maybe you could send that as documentation to the USCIS. Also, in such a case, how does one show that one is getting paid? There is no payroll for the self employed, as far as I understand, so do you have to show some other form of income? like revenue generated by your company or something like that?
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rustum
08-21 11:10 AM
Hi,
My company filed EAD for me and my wife along with 485 recently. I am on L1 and My wife is on L2. Is is possible to file one more EAD on L2 status. Looks like, we can get EAD on L2 faster than EAD with 485. My company attorney is suggesting me not to file one more EAD because one with 485 is pending with USCIS. Is it ok to file one more with L2? how long it will take to get EAD on 485 and EAD on L2. Any help??
My company filed EAD for me and my wife along with 485 recently. I am on L1 and My wife is on L2. Is is possible to file one more EAD on L2 status. Looks like, we can get EAD on L2 faster than EAD with 485. My company attorney is suggesting me not to file one more EAD because one with 485 is pending with USCIS. Is it ok to file one more with L2? how long it will take to get EAD on 485 and EAD on L2. Any help??
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gc_check
07-11 02:20 PM
Would have been better to have option like below, Would have given more precise statistics than with the current option.
I-485 Applied prior to July and Pending
I-485 Applied after July or not yet applied.
I-485 Applied prior to July and Pending
I-485 Applied after July or not yet applied.
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voldemar
06-22 03:11 PM
Can you please provide the link ?
I refered to USCIS website but did not find a mention of copies of DL.
There is no link - it's people experience. There are a lot of guys who got RFE for color copy. Search forums if you want proof.
I refered to USCIS website but did not find a mention of copies of DL.
There is no link - it's people experience. There are a lot of guys who got RFE for color copy. Search forums if you want proof.
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Rajeev
02-04 10:50 AM
We will all meet at the Bridgewater temple Cafeteria tomorrow, that is, 02/03/2007 at 11.00 PM. I will get the flyers with me. We will be doing a black and white text on colored paper as that costs 9 cents/page compared to colored text on colored paper that costs 89 cents/page. Please be there on time.
Address for the temple is:
780 old Farm Road,
Bridgewater,
NJ 08807
Thanks,
Varsha
How did it go?
Address for the temple is:
780 old Farm Road,
Bridgewater,
NJ 08807
Thanks,
Varsha
How did it go?
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sammas
07-12 04:01 PM
F. DETERMINATION OF THE NUMERICAL LIMITS ON IMMIGRANTS REQUIRED UNDER THE TERMS OF THE IMMIGRATION AND NATIONALITY ACT (INA)
The State Department is required to make a determination of the worldwide numerical limitations, as outlined in Section 201(c) and (d) of the INA, on an annual basis. These calculations are based in part on data provided by U.S. Citizen and Immigration Services (CIS) regarding the number of immediate relative adjustments in the preceding year and the number of aliens paroled into the United States under Section 212(d)(5) in the second preceding year. Without this information, it is impossible to make an official determination of the annual limits. To avoid delays in processing while waiting for the CIS data, the Visa Office (VO) bases allocations on the minimum annual limits outlined in Section 201 of the INA. On July 7th, CIS provided the required data to VO.
The Department of State has determined the Family and Employment preference numerical limits for FY-2010 in accordance with the terms of Section 201 of the INA. These numerical limitations for FY-2010 are as follows:
Worldwide Family-Sponsored preference limit: 226,000
Worldwide Employment-Based preference limit: 150,667
Under INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2010 the per-country limit is 26,367. The dependent area annual limit is 2%, or 7,533.
The State Department is required to make a determination of the worldwide numerical limitations, as outlined in Section 201(c) and (d) of the INA, on an annual basis. These calculations are based in part on data provided by U.S. Citizen and Immigration Services (CIS) regarding the number of immediate relative adjustments in the preceding year and the number of aliens paroled into the United States under Section 212(d)(5) in the second preceding year. Without this information, it is impossible to make an official determination of the annual limits. To avoid delays in processing while waiting for the CIS data, the Visa Office (VO) bases allocations on the minimum annual limits outlined in Section 201 of the INA. On July 7th, CIS provided the required data to VO.
The Department of State has determined the Family and Employment preference numerical limits for FY-2010 in accordance with the terms of Section 201 of the INA. These numerical limitations for FY-2010 are as follows:
Worldwide Family-Sponsored preference limit: 226,000
Worldwide Employment-Based preference limit: 150,667
Under INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2010 the per-country limit is 26,367. The dependent area annual limit is 2%, or 7,533.
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god_bless_you
03-16 01:33 PM
http://www.uscis.gov/files/nativedocuments/TransformationConOps_Mar07.pdf
One more link from USCIS which has more details on the process
Adjudicator's Field Manual - Redacted Public Version from USCIS web site
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2
One more link from USCIS which has more details on the process
Adjudicator's Field Manual - Redacted Public Version from USCIS web site
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2
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caydee
04-20 04:07 PM
Please email the names with phone #s.....
------------------------------------------------
URGENT
------------------------------------------------
We need 4-5 volunteers to make phone calls to IV members in CA. The purpose of the call is to inform and invite IV members in CA about this event so that we all could be well represented at this event. Please post a message or send a private message if you would like to voluneer for this effort. We will provide you with all the information required to make the phone calls to IV members. This task involves volunteering 30-45 minutes of your time. Please help this cause to help us all.
Thanks,
------------------------------------------------
URGENT
------------------------------------------------
We need 4-5 volunteers to make phone calls to IV members in CA. The purpose of the call is to inform and invite IV members in CA about this event so that we all could be well represented at this event. Please post a message or send a private message if you would like to voluneer for this effort. We will provide you with all the information required to make the phone calls to IV members. This task involves volunteering 30-45 minutes of your time. Please help this cause to help us all.
Thanks,
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485Mbe4001
02-21 11:38 AM
i am in the same boat, i was begging the damn lawyer to port me to EB2, she said, we will have to start the process all over again (as i had filed 485 in dec 04 )and it is not worth it. My company refuses to change lawyers so i am stuck in EB3 with pd apr 2002. :mad:
Your friends lawyer is stupid. I know many who are GC holder by converting. File new EB2 LCA and Port the EB3 date in I140 filing. Nothing wrong with it. My company (F 500) don't do it by some crap policy. I am still waiting since PD 2001 to see light. Why? Because EB2 India is always current but EB3 India PD is May 2001 or before from last 3 years. So if possible take advantage or I am living example. Waiting from 8+ years. Sorry for venting.. :)
Your friends lawyer is stupid. I know many who are GC holder by converting. File new EB2 LCA and Port the EB3 date in I140 filing. Nothing wrong with it. My company (F 500) don't do it by some crap policy. I am still waiting since PD 2001 to see light. Why? Because EB2 India is always current but EB3 India PD is May 2001 or before from last 3 years. So if possible take advantage or I am living example. Waiting from 8+ years. Sorry for venting.. :)
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Nicole Henzel#39;s tattoo of
seahawks
09-13 02:03 AM
Tri-State and neighboring states, you can definitely make it to DC easily! What's stopping you? Let's go! Let's make the rally a historic event!!!! TOGETHER WE CAN!!!!
Tri-State, Tri-cities, Tri-Counties:D
lets all go to D.C!!!
Tri-State, Tri-cities, Tri-Counties:D
lets all go to D.C!!!
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mbawa2574
02-17 08:51 AM
don't worry my friend.. it's not u.. that dummy has been using this fascist style of discussion on all threads
just ignore him.. it infuriates him like hell.. u'll be amused with his later responses :)
Supporting racism and calling me dummy. you planted b* Go and take a$$ out of here , you don't belong here. You have come out of a gutter to this country and gutter is the only place you deserve.
just ignore him.. it infuriates him like hell.. u'll be amused with his later responses :)
Supporting racism and calling me dummy. you planted b* Go and take a$$ out of here , you don't belong here. You have come out of a gutter to this country and gutter is the only place you deserve.
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optimystic
10-16 12:47 AM
Thanks to IV Core and Nixstor in particular for following up on the FOIA subject that has been brought up in several threads over the past couple of weeks (including one by me as well !) and take this up as an action item and providing guidance for the IV members on how to do the same.
I did not realize it was this simple! Will surely send the letter by this weekend.
Btw, How will we receive the receipt numer?? Are we supposed to attach a return (prepaid stamped) envelope or something?? Or we will just get a letter from the National Center after they receive our request?
I did not realize it was this simple! Will surely send the letter by this weekend.
Btw, How will we receive the receipt numer?? Are we supposed to attach a return (prepaid stamped) envelope or something?? Or we will just get a letter from the National Center after they receive our request?
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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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gimmeacard
07-13 05:02 PM
See the attachment which I had come across in this forum and saved it
Hope this is helpful.
just spoke to our firms Immigration lawyer, per them, we will see more movement in Aug Bulletin and in Sept Bulletin we will see Retrogression back to May/aug 2005 for EB2
reasoning was Oct # would be released so they r trying to capture as many # as they can
I am april 2006 and it seems it will be a 1 yr wait for me now.
Hope this is helpful.
just spoke to our firms Immigration lawyer, per them, we will see more movement in Aug Bulletin and in Sept Bulletin we will see Retrogression back to May/aug 2005 for EB2
reasoning was Oct # would be released so they r trying to capture as many # as they can
I am april 2006 and it seems it will be a 1 yr wait for me now.
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prakashv44
09-21 02:51 PM
I am with you
Jaime
09-11 05:06 PM
Think of the rally as your ride of passage as an American! You've done everything else (worked hard, paid taxes, created patents, been a good citizen) now it's time to show that you CARE and want your freedom!!!
pappu
08-03 08:56 AM
Can we send e-mail to Lou Dobbs of CNN about SKIL BILL May be some time he will pickup this topic in his news----Just thaught...
you can go ahead and send
http://www.cnn.com/feedback/forms/form5.html?9
you can go ahead and send
http://www.cnn.com/feedback/forms/form5.html?9
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