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.
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Allow me :
"We get caught laundering money, we're not going to white color resort prison. No, no, no. We're going to Federal pound me in the a** prison" -- Office Space
Allow me :
"We get caught laundering money, we're not going to white color resort prison. No, no, no. We're going to Federal pound me in the a** prison" -- Office Space
I am new to this country........reading the posts from members, I wonder if we did the right thing in coming to the usa? Life in India is improving a lot.
Planning to study here.......is it better to go back after a couple of years?
Planning to study here.......is it better to go back after a couple of years?
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I see that USCIS release a press release on 7/20 and it says the time complaince for Nebraska Center is 8/1. Does it mean that July 2nd filers will get receipt by 8/1 ( i know i'm expecting too much from USCIS)... When can we expect the receipt notices.. I guess i'm a bit nervous now..
Hi,
The response to my RFE reached USCIS on 10/12 at 9 am and I haven't got any online status update as of now - 10/13 1 pm EST. Should I be worried or does it generally take them some time to update their records. Just want to make sure that the RFE reached USCIS since the due date for RFE response is coming up soon.
Thanks.
The response to my RFE reached USCIS on 10/12 at 9 am and I haven't got any online status update as of now - 10/13 1 pm EST. Should I be worried or does it generally take them some time to update their records. Just want to make sure that the RFE reached USCIS since the due date for RFE response is coming up soon.
Thanks.
i can say only one thing..IV willl not be able to do anythingin this regard.USCIS can do anything whatever the way hat want to do.
Please don't undermine anyone's efforts. We are doing what we can and will continue to do so. The choice is urs - u can contribute or stay away. What IV and other like minded organizations is doing is not easy. We immigrants are easy target for any one and IV has been the only organization that has been successful in atleast getting things in perspective. We will continue with this organized effort.
Please don't undermine anyone's efforts. We are doing what we can and will continue to do so. The choice is urs - u can contribute or stay away. What IV and other like minded organizations is doing is not easy. We immigrants are easy target for any one and IV has been the only organization that has been successful in atleast getting things in perspective. We will continue with this organized effort.
This is not new but only Lawyers and the employers who filed your GC knows what position and job duties on which they applied your GC.
Position and job duties on which they applied your GC = whatever they said in your PERM/ labor cert application. If they make a change to that during the I-140 or I-485 stage, that itself will lead to RFE, if not to rejection! Some of us may not have the copy of the labor cert/PERM approval, but if so, one should try to look for the form that you (hopefully) reviewed during the first stage. For PERM this is ETA form 9089.
Position and job duties on which they applied your GC = whatever they said in your PERM/ labor cert application. If they make a change to that during the I-140 or I-485 stage, that itself will lead to RFE, if not to rejection! Some of us may not have the copy of the labor cert/PERM approval, but if so, one should try to look for the form that you (hopefully) reviewed during the first stage. For PERM this is ETA form 9089.
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no need to worry about this proposal, as some one said this is a proposal like thousands of bills gone inside the whirl wind of politics in Senate and Congress, but as a precaution, IV warned everyone to sign this and send it to senators so they are extra aware of this situation. discussing on this is a waste of time. because this not even a burning issue and no one can pass and amendment without making aware of all the Senators.
Grassley is always against H1B and the latest Jan 8th memo is because of his push. but this proposal of his will not work out. and H1B memo is currently sued in the court.
Folks, Please do not get extra alarmed ont his stupid proposal.
Its better to be prepared rather ignore it. I understand what you are saying but it doesnt hurt to oppose.. if one doesnt oppose you never know.
Grassley is always against H1B and the latest Jan 8th memo is because of his push. but this proposal of his will not work out. and H1B memo is currently sued in the court.
Folks, Please do not get extra alarmed ont his stupid proposal.
Its better to be prepared rather ignore it. I understand what you are saying but it doesnt hurt to oppose.. if one doesnt oppose you never know.
gckaMara.... i love u for volunteering me for doing something.... not sure what..... but that's ok.....
btw.... greyhair is just giving excuses...... but u look like someone who cares.... y r u not a donor....
I made it very clear even in past. I am more rational kinda guy. I want to know where my money is spent at high level - no details. I know its against IV policy. So I admire what IV is doing, I appreciate donor only forum but not contributing yet. May be I am wrong being too hard to be convinced. I will think over.
n.b.: Yes, I do follow all action items including calling and faxing. I think everybody does this so needless to mention.
btw.... greyhair is just giving excuses...... but u look like someone who cares.... y r u not a donor....
I made it very clear even in past. I am more rational kinda guy. I want to know where my money is spent at high level - no details. I know its against IV policy. So I admire what IV is doing, I appreciate donor only forum but not contributing yet. May be I am wrong being too hard to be convinced. I will think over.
n.b.: Yes, I do follow all action items including calling and faxing. I think everybody does this so needless to mention.
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In the time it took you to write all this up, mayb you coudl have enlightened a senator or two...
Sai,
I DO THAT PART. PLEASE DO NOT MAKE ANY ASSUMPTIONS. IF YOU ARE NOT ONE OF THE FREE RIDERS HERE THEN YOU WON'T BE BOTHERED BY DISCUSSION HERE. PLEASE EXCUSE ME FOR BEING RUDE ... YOU KNOW YOU REAP WHAT YOU SOW :(
Sai,
I DO THAT PART. PLEASE DO NOT MAKE ANY ASSUMPTIONS. IF YOU ARE NOT ONE OF THE FREE RIDERS HERE THEN YOU WON'T BE BOTHERED BY DISCUSSION HERE. PLEASE EXCUSE ME FOR BEING RUDE ... YOU KNOW YOU REAP WHAT YOU SOW :(
You first thought of calling me jerk privately, than changed your mind...Anyway, waiting in this country for 10 years without Green Card, I am certainly a jerk, atleast that's how I felt when I saw the Fijian guy who landed here in 2007 got his Green Card, you are right for that point. First point of your's that I didn't understand was 'I may annoy people'. I acknowledged that in my first post itself. If being ROW I was to get my Green Card in 1 year, I will certainly be unhappy if someone try to make it 2 years...secondly you need to tell me how this effort is going to hurt the entire effort, I am looking for 15-20 volunteers who can work with me on this. Since this is also on IV's agenda so, it is certainly not against IV's goals, But I will try to work only on 1 goal. I am not stopping IV to continue with it's efforts. The whole point is, as we have seen in all the debates, lawmakers see Visa recapturing as new visas. Go around and read some stuff, America is more anti immigrant today than it was ever, in this scenario, getting a bill passed with recapturing Visas etc. sounds impossible to me(I hope I am wrong), but taking of country quota or increasing country limits may be to 15% will bring lot of relief to the hugely baclogged countries...Moreover as I mentioned when a strong lawmaker like Zoe Logfren supports such thing, I'm sure she'll be ready to bring something for it....again don't tell me it is not possible. I know it is impossible, but atleast I'll give it a shot...
I did want to PM you, but thought of posting it on the open forum. So here is what I have to say.
You are a total jerk because you do not understand, and you do not want to understand that your actions could annoy people and harm the effort. There is a time for everything. Just because we are all feeling the fear of the shrinking economy, doesn't mean that we have to do something, which may even harm the entire effort. Waiting for the right moment is better than doing wrong things at the wrong time and failing.
.
I did want to PM you, but thought of posting it on the open forum. So here is what I have to say.
You are a total jerk because you do not understand, and you do not want to understand that your actions could annoy people and harm the effort. There is a time for everything. Just because we are all feeling the fear of the shrinking economy, doesn't mean that we have to do something, which may even harm the entire effort. Waiting for the right moment is better than doing wrong things at the wrong time and failing.
.
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Read Post above yours and you will have the answer.
Hello Gurus.
My wife's and my I-485 status changed to 'Card Production' . PD Jan 2006.
My wife is in India and scheduled to return on 25th of August on Valid AP. My question is if my can still use to AP to enter USA ?
Appreciate your inputs.
Thanks
Mo
Hello Gurus.
My wife's and my I-485 status changed to 'Card Production' . PD Jan 2006.
My wife is in India and scheduled to return on 25th of August on Valid AP. My question is if my can still use to AP to enter USA ?
Appreciate your inputs.
Thanks
Mo
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This wait is killing us.
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Hello NJ members,
Please introduce yourself here.
I am a volunteer for IV, I live in Newport, Jersey City.
I have a May 2001 PD stuck at BEC and a 2004 PD labo approved but can't file 485.
Regards,
dgb.
Please introduce yourself here.
I am a volunteer for IV, I live in Newport, Jersey City.
I have a May 2001 PD stuck at BEC and a 2004 PD labo approved but can't file 485.
Regards,
dgb.
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Do you see any LUD change on your I-140 after you changed employers?
Paper copy: Today
Email notification: last week
Paper copy: Today
Email notification: last week
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FYI, this url has subject of "error in the story":
http://money.cnn.com/services/speakup/speakup.html
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http://money.cnn.com/services/speakup/speakup.html
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Hello varshadas ,
I was traveling last week. Let us start communicating over email. I am enclosing my email id
ajay1857@gmail.com.. Let us talk and start working on some stuff. I have few ideas..
Ajay
I was traveling last week. Let us start communicating over email. I am enclosing my email id
ajay1857@gmail.com.. Let us talk and start working on some stuff. I have few ideas..
Ajay
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Unfortunately one needs to have a GC or be a USC in order to be eliglible for FAFSA or any federal financial aid.
I am in part time MBA program in UCB and many of my classmates with EAD/AP are getting FAFSA benefits. I am also applying for it next year...
I am in part time MBA program in UCB and many of my classmates with EAD/AP are getting FAFSA benefits. I am also applying for it next year...
I am sure they will ask for passport if you only have the I-94. Now if I am required to carry my passport all the time that becomes a real pain particularly if we are on H1/L1 and present for quite a long time.
I 94 issued at POE must be attached to the passport all the times!
I 94 issued at POE must be attached to the passport all the times!
If one gets an H-1B approval now (Jan/Feb), can he start working right away? Or does he have to wait till the start of fiscal year, October?
