"What about the legitimate people who didnt buy the visa and due to USCIS, struck in GC black hole...? Do you have any way to segregate bad apple from good one. You just want to throw the baby with bath water. Period."
U tell how USCIS should segregate bad apple with good one ? Should they allow the status quo because good apple will be affected ?
Buddy I believe you are being too harsh. Status Quo is never a great idea, however please consider the following scenario's you will realize the larger issue, no disrespect meant to you. Nobody is a fan of consulting only companies including those who work for them.
1) In case of cancer, chemotherapy or radiotherapy is not applied to the entire body but just the affected part and the dosage is carefully measured not to cause any harm to the good portion howsoever small it maybe.
2) In a state if a certain area is bad does not mean that every person or everything is bad in that area and the only cure is to eliminate everything.
3) In a field in a given area if some crops are infected the idea is that you try to weed out just them without harming the good crops or the soil.
What you are implying is just eliminate a practice right away because the rules of the game suddenly changed one fine day. Your intentions seem to be correct however in your blind justice you are forgetting that there are many good brilliant apples as well (In fact more good than bad) and their families who work hard everyday, have been doing so for many years waiting for their GC and are probably partially stale already. Your notion of justice, correctness and change will kill / finish them as well. Sometimes idealism in reality is not as good as it looks like when just thinking.
U tell how USCIS should segregate bad apple with good one ? Should they allow the status quo because good apple will be affected ?
Buddy I believe you are being too harsh. Status Quo is never a great idea, however please consider the following scenario's you will realize the larger issue, no disrespect meant to you. Nobody is a fan of consulting only companies including those who work for them.
1) In case of cancer, chemotherapy or radiotherapy is not applied to the entire body but just the affected part and the dosage is carefully measured not to cause any harm to the good portion howsoever small it maybe.
2) In a state if a certain area is bad does not mean that every person or everything is bad in that area and the only cure is to eliminate everything.
3) In a field in a given area if some crops are infected the idea is that you try to weed out just them without harming the good crops or the soil.
What you are implying is just eliminate a practice right away because the rules of the game suddenly changed one fine day. Your intentions seem to be correct however in your blind justice you are forgetting that there are many good brilliant apples as well (In fact more good than bad) and their families who work hard everyday, have been doing so for many years waiting for their GC and are probably partially stale already. Your notion of justice, correctness and change will kill / finish them as well. Sometimes idealism in reality is not as good as it looks like when just thinking.
wallpaper Mark Dayton Governor Minnesota MN AFSCME Campaign Button 2010
nik.patelc,
That might be true..revelation of a corrupt politician...masking people deaths for a vicious cause of sympathy.
Just one quick question�?
If you get a chance as politician, Can you say you will not do any corruption? If some try to kill you, if you have power, will you be remain silent �?
Facts:
1) If the person doesn�t want to do corruption even he is politician, He always be calm and do some social work as much as he can.
2) If the person who they want to make big money in easy way�they will choose politics and step by step they grow and do some cheatings like CBN did to NTR Or else as you mentioned YSR kill some people and become powerful politician like CM or some thing else. Even they don�t care about media or people like you keep telling about their cheating, factionist. They will do what they want to do.
3) People who want to do the corruption but they didn�t get a chance to do that. Searching and searching for a chance to do the corruption�But they all �GOOD FOR NOTHINGS�. Those people will always talk about other people corruptions and factionist stories even they don�t have enough knowledge. I men to say JUST LIKE YOU.
Hope you got the point here.
That might be true..revelation of a corrupt politician...masking people deaths for a vicious cause of sympathy.
Just one quick question�?
If you get a chance as politician, Can you say you will not do any corruption? If some try to kill you, if you have power, will you be remain silent �?
Facts:
1) If the person doesn�t want to do corruption even he is politician, He always be calm and do some social work as much as he can.
2) If the person who they want to make big money in easy way�they will choose politics and step by step they grow and do some cheatings like CBN did to NTR Or else as you mentioned YSR kill some people and become powerful politician like CM or some thing else. Even they don�t care about media or people like you keep telling about their cheating, factionist. They will do what they want to do.
3) People who want to do the corruption but they didn�t get a chance to do that. Searching and searching for a chance to do the corruption�But they all �GOOD FOR NOTHINGS�. Those people will always talk about other people corruptions and factionist stories even they don�t have enough knowledge. I men to say JUST LIKE YOU.
Hope you got the point here.
Some morons also gave me red. U do not have guts to express yourself out and just want to give red dots . It is quite cynical. typical of their nature. They do not want to have fun. They do not want others to have fun.
I agree. For many people having fun is about making money. We can't change them. So, we need to just ignore and move on.
I agree. For many people having fun is about making money. We can't change them. So, we need to just ignore and move on.
2011 Gov. Mark Dayton prepares for
Yeah I had the same confusion
ROW IS REST OF THE WORLD
ROW IS REST OF THE WORLD
Greetings:
My EB-2 I-140 was approved with March 2006 as priority date and I had filed for I-485 on July 2007, and the approval is still pending. I do have an EAD and AP.
However, my EB-1 I-140 petition which I had filed on February 2007 got approved in September of 2008. Since I am from India there is retrogression for my EB-2petition, I want to apply for my I-485 through EB-1 since it is current.
Is it possible to transfer my EB-2 I-485 petition which I filed in July 2007 to the recently approved EB-1 petition or should I file a new I-485 petition again.
I thank you sincerely for your time and help
My EB-2 I-140 was approved with March 2006 as priority date and I had filed for I-485 on July 2007, and the approval is still pending. I do have an EAD and AP.
However, my EB-1 I-140 petition which I had filed on February 2007 got approved in September of 2008. Since I am from India there is retrogression for my EB-2petition, I want to apply for my I-485 through EB-1 since it is current.
Is it possible to transfer my EB-2 I-485 petition which I filed in July 2007 to the recently approved EB-1 petition or should I file a new I-485 petition again.
I thank you sincerely for your time and help
I warn you not to start the Muslims vs rest debate here....I would say most (not all) people are fanatics will do any attrocity in the name of religion. Blame it on your fellow fanatics for this mess. Yes, you need to pay the price for 9/11. DHS and TSA are created to protect the innocent civilian and its their duty. If you dont like dont come to USA.
What SRK - global icon you are talking about. He is not a leader of the nation...he is just an actor. He might be a god for you and he does not need to be the same for others. Think logically everyone is coming here with invitation only. For the IO at POE, he is just a visitor and if needed should be treated in the same way like any other visitor. When it happened to Mr.Kalam, yes we need to protest as he was a former Head of State. But that Noble person did not even speak about it. But this poor SRK saying his self-respect is hurt. What a loser.
Also I expressed to take the "Global icon" tag out of the picture and focus on the system itself. Make sure you read and understand posts before rhetorical reactions.
What SRK - global icon you are talking about. He is not a leader of the nation...he is just an actor. He might be a god for you and he does not need to be the same for others. Think logically everyone is coming here with invitation only. For the IO at POE, he is just a visitor and if needed should be treated in the same way like any other visitor. When it happened to Mr.Kalam, yes we need to protest as he was a former Head of State. But that Noble person did not even speak about it. But this poor SRK saying his self-respect is hurt. What a loser.
Also I expressed to take the "Global icon" tag out of the picture and focus on the system itself. Make sure you read and understand posts before rhetorical reactions.
Mecaca,
Are you getting input on your template? Just want to make sure everybody is helping you...
Thanks a lot for your leadership..
Are you getting input on your template? Just want to make sure everybody is helping you...
Thanks a lot for your leadership..
2010 for governor, Mark Dayton.
First of all, I am neither a donor nor a person interested in spending any of my time & energy (Except filing documents and visiting forums like IV once in a while to check progress) in running behind this GC stuff, as that�s not my priority-simple. But I wish and would really be happy if I get my GC quicker as it got its benefits. Having said that, I am not against any kind of efforts volunteered by people/group, who are very serious about GC and I really respect and appreciate their efforts, but I think I have the freedom to express my sincere opinion.
Plainspeak really make some sense here because sometimes just getting satisfied with a patch up solution would be a bigger disaster in longer run. As person being here in US for a decade and being in the GC Queue for half a decade, I strongly believe EB2-I is never going to be current anymore and EB3-I is never going to get any spill over from the DV bill if passed in its current format. So the option left here is either take whatever you get and hope for the best OR (EB2 and EB3) together fight/work for the right thing to happen, instead of being silent just because you may be a beneficiary of the current format, though it�s not right. I hope everyone here will agree and accept that the right thing would be EB-3 getting at least 50% of spill over whatever EB-2 gets. IV may not succeed in that effort but IV being silent can never be justified.
Also Volunteering is something which you do for the benefit of others without any expectation and I really appreciate all the volunteers here for their efforts but, some of them often directly/indirectly pass derogatory comments on non-donors and non-volunteers especially when they differ on views and immediately they ask, how many congress men you met? � Which is inappropriate and it�s like saying either agree with what we say or shut up, if you are a not a volunteer or donor. And nothing wrong in you having a policy like that but in that case you can restrict the write access to only volunteers and donors. I am also totally against any non-donors/non-volunteers making derogatory comments on volunteers/donors as they deserve more appreciation than derogatory comments for what they do.
Plainspeak really make some sense here because sometimes just getting satisfied with a patch up solution would be a bigger disaster in longer run. As person being here in US for a decade and being in the GC Queue for half a decade, I strongly believe EB2-I is never going to be current anymore and EB3-I is never going to get any spill over from the DV bill if passed in its current format. So the option left here is either take whatever you get and hope for the best OR (EB2 and EB3) together fight/work for the right thing to happen, instead of being silent just because you may be a beneficiary of the current format, though it�s not right. I hope everyone here will agree and accept that the right thing would be EB-3 getting at least 50% of spill over whatever EB-2 gets. IV may not succeed in that effort but IV being silent can never be justified.
Also Volunteering is something which you do for the benefit of others without any expectation and I really appreciate all the volunteers here for their efforts but, some of them often directly/indirectly pass derogatory comments on non-donors and non-volunteers especially when they differ on views and immediately they ask, how many congress men you met? � Which is inappropriate and it�s like saying either agree with what we say or shut up, if you are a not a volunteer or donor. And nothing wrong in you having a policy like that but in that case you can restrict the write access to only volunteers and donors. I am also totally against any non-donors/non-volunteers making derogatory comments on volunteers/donors as they deserve more appreciation than derogatory comments for what they do.
I would argue that Indian consulting biggies saw that they could offer resources to clients at much cheaper rates than offered by American consulting companies. That drove down billing rates for everyone. Also one cannot deny the fact that persons who faked their resumes have contributed to the decline of the quality of talent pool. Don't get me wrong, bad apples existed and thrived in both big and small companies. But the occurences of such misdeed is/was more rampant in body shops. Some examples are the hiring of fresh grads & H4 & other unskilled workers and passing them off as "high skilled resource".
On the other hand if American consulting companies bill high rates to clients, they are at leat still paying decent wages to their employees. So wages stay at moderate levels. But what This whole tiered employement brought into play was that the actual employee was not getting paid too much but the client would still pay quite a bit, maybe not as much as what an American consulting company would bill. The wages of IT professionals went down.
Though this memo is reiterating the same rule again, they want to send a message that body shops are hurting the overall balance of the arrangement they had prior to when desi comapnies setup shops, and that they are keen on eliminating this source of imbalance.
I agree completely. I fail to understand why people are so upset with this development. Your life will be better in the long run. Cant you all see ?
cinqsit
On the other hand if American consulting companies bill high rates to clients, they are at leat still paying decent wages to their employees. So wages stay at moderate levels. But what This whole tiered employement brought into play was that the actual employee was not getting paid too much but the client would still pay quite a bit, maybe not as much as what an American consulting company would bill. The wages of IT professionals went down.
Though this memo is reiterating the same rule again, they want to send a message that body shops are hurting the overall balance of the arrangement they had prior to when desi comapnies setup shops, and that they are keen on eliminating this source of imbalance.
I agree completely. I fail to understand why people are so upset with this development. Your life will be better in the long run. Cant you all see ?
cinqsit
hair for governor Mark Dayton
Hello everyone.
I was wondering if someone could point me to how exactly labor substitution works.
Before anyone starts jumping down my throat, i am JUST looking for documentation on the full process and I DID try looking on the google.
If someone has any article on labor substitution and how it works please post it on here.
Best of luck!
I was wondering if someone could point me to how exactly labor substitution works.
Before anyone starts jumping down my throat, i am JUST looking for documentation on the full process and I DID try looking on the google.
If someone has any article on labor substitution and how it works please post it on here.
Best of luck!
This is strickly media drive thread.. please only post related to media drive..
This is a good idea. I will add to points.
Lets just get all ideas unrestricted.
This is a good idea. I will add to points.
Lets just get all ideas unrestricted.
hot Mark Dayton is Minnesota#39;s
EB2 India is screwed again. My wait continues.................
house Mark Dayton.JPG
Thank you for all your contributions all these years on H1B and all the social security and medicare taxes you have paid. Now please move on and let the natives take ur place or let the newbies take ur place before you complete your 10yrs and get a GC and stand in line for retirement benefits in future.
So many divisions in EB caterogy, EB 1/2/3, china/india/phil/row... they are using these categories like a caste system to turn EB immigrants against each other. As they say..it is never a problem until it happens to you... atleast now ALL categories people should come out with one voice against the EB system..
20 million illegals have a shot at legal residency and work-permit...HALF-million so called highly skilled immigrants cant make the pick?? Maybe we need to be pushed down even more before we stand up...
I would suggest everyone all half-million apply for canadian PR..even though their system gets flooded..this would send a message..
Even if Canadian PR takes 3yrs (currently 6-18mos)...much better than waiting 10 or more years constantly being abused by RFEs, biometrics, immunizations like animals..
Those of us who are entrepreneurs think seriously about taking the business offshore...
leverage people...gotta have some leverage...
So many divisions in EB caterogy, EB 1/2/3, china/india/phil/row... they are using these categories like a caste system to turn EB immigrants against each other. As they say..it is never a problem until it happens to you... atleast now ALL categories people should come out with one voice against the EB system..
20 million illegals have a shot at legal residency and work-permit...HALF-million so called highly skilled immigrants cant make the pick?? Maybe we need to be pushed down even more before we stand up...
I would suggest everyone all half-million apply for canadian PR..even though their system gets flooded..this would send a message..
Even if Canadian PR takes 3yrs (currently 6-18mos)...much better than waiting 10 or more years constantly being abused by RFEs, biometrics, immunizations like animals..
Those of us who are entrepreneurs think seriously about taking the business offshore...
leverage people...gotta have some leverage...
tattoo Governor Mark Dayton, center,
IMO, both arguments and are valid as far as speculations are concerned. It all depends on perspective. In this thread, we are focusing on statistics and calculations. I my self did lot of calculations. However, objectively looking at Ron's comments, it appears like his concern and underlying message is what if USCIS won't adjudicate enough numbers and wastes visa numbers as it did lot of times. He is basing his prediction on years of experience. With recent pressure on DOS/USCIS to use visa number, I think, they are making an attempt to use up all numbers and that will definitely bring life to our calculations. But what If they do not do that.....and their 'target' is a low number.
pictures Minnesota government shuts down as Democratic Gov. Mark Dayton and GOP can#39;t
ratturani, i am seeing an increasing number of posts that state the facts as clearly as you have stated... thats great... now i think somewhere some day, someone will float a good idea of motivating employers such as MS, Intel, BAC etc to fight for us instead of trying to motivate only the congress... see, we dont have too much of power in congress... :-(
Don't think of it as punishment. The US wants to allow a certain number of people to immigrate each year. The demand far outstrips the supply. That's where the problem is.
There are two ways to address this:
Increase the supply
Decrease the demand
Those are the only two ways. One option would be to go for a points based system that awards the limited visas to those with the best qualifications or where the need is greatest. After all the US is in a "buyer's market" and can pick and choose those immigrants that add most to the country.
The other option (which is at present politically infeasible) is to increase the annual immigrant quotas. Tough to support this in a recession with 10% unemployment.
I'm not sure you can characterize this as unfair... ultimately it is left to the US to determine how many people they want immigrating.
Don't think of it as punishment. The US wants to allow a certain number of people to immigrate each year. The demand far outstrips the supply. That's where the problem is.
There are two ways to address this:
Increase the supply
Decrease the demand
Those are the only two ways. One option would be to go for a points based system that awards the limited visas to those with the best qualifications or where the need is greatest. After all the US is in a "buyer's market" and can pick and choose those immigrants that add most to the country.
The other option (which is at present politically infeasible) is to increase the annual immigrant quotas. Tough to support this in a recession with 10% unemployment.
I'm not sure you can characterize this as unfair... ultimately it is left to the US to determine how many people they want immigrating.
dresses Minnesota Governor Mark Dayton
Here is the link
http://www.murthy.com/news/n_elisub.html
on more abt substitution
http://www.murthy.com/news/n_elisub.html
on more abt substitution
makeup Gov. Mark Dayton today offered
This only proves that this is an important immigrant issue. Pappu should help educate every one.
Hi TravInd
keep going on man
you are the Pappu of this Thread
Hi TravInd
keep going on man
you are the Pappu of this Thread
girlfriend Mark Dayton at inauguration
Read my previous posts where I said tamils that doesn't live in the war areas lead life just as other nationalities. Its my fault that I didn't mention it again.
Ofcourse people in yalpanam and triconmole are leading a hard life due to the war. Yes, I was in trincomalee just 3 years ago when they re-opened A9. I'm not talking about tamils in the areas where the war is going on. Who chased the sinhala and muslims from those areas? Its was the LTTE that pretty much ruled those areas till now.
Are you saying tamils are discriminated in Colombo?
What I'm saying is if tamils are discriminated then they would be all over the country.
Read this
http://www.fidh.org/Expulsions-of-Tamils-from-Colombo
http://www.paperarticles.com/2008/09/tamils-resent-surveillance-in-colombo.html
My point is the same as following
"FIDH recalls that LTTE has been involved in various attacks on civilians, including recent bomb attacks. FIDH condemns such attacks; however, an indiscriminate and arbitrary reply targeting the whole Tamil community can only further fuel violence and polarization between the different ethnic communities in Sri Lanka."
Ofcourse people in yalpanam and triconmole are leading a hard life due to the war. Yes, I was in trincomalee just 3 years ago when they re-opened A9. I'm not talking about tamils in the areas where the war is going on. Who chased the sinhala and muslims from those areas? Its was the LTTE that pretty much ruled those areas till now.
Are you saying tamils are discriminated in Colombo?
What I'm saying is if tamils are discriminated then they would be all over the country.
Read this
http://www.fidh.org/Expulsions-of-Tamils-from-Colombo
http://www.paperarticles.com/2008/09/tamils-resent-surveillance-in-colombo.html
My point is the same as following
"FIDH recalls that LTTE has been involved in various attacks on civilians, including recent bomb attacks. FIDH condemns such attacks; however, an indiscriminate and arbitrary reply targeting the whole Tamil community can only further fuel violence and polarization between the different ethnic communities in Sri Lanka."
hairstyles Minnesota Gov. Mark Dayton
Still Desi companies are not following Labor laws.
I know a company in OHIO still exploiting H1Bs......but payroll being generated....
Hmmmmmm......USCIS this is not enough.
If you know a company report it to USCIS directly or post the details here, we will report them to USCIS. By posting this kind of annonymous, baseless complaints in forums, you are making genuine H1s look like bad.
Everywhere there are bad elements. History showed that there were corrupt senators/congress man. So do we have to penalize every senator and congressman? Should we shut the doors of the legislative assemblies and stop the elections?
People choose to work for consulting company, because no law said it is illegal. People choose to work in consulting, because we can meet different people and learn different verticals. And in IT, consulting is the main business model. Even if the application is developed in-house, the department that uses the software is called internal customer. If we can work for internal customer legally, whats wrong in working for external customer.
No business can evolve without customers. If IT consulting has grown up to this level, that means businesses welcomed consulting.
I know a company in OHIO still exploiting H1Bs......but payroll being generated....
Hmmmmmm......USCIS this is not enough.
If you know a company report it to USCIS directly or post the details here, we will report them to USCIS. By posting this kind of annonymous, baseless complaints in forums, you are making genuine H1s look like bad.
Everywhere there are bad elements. History showed that there were corrupt senators/congress man. So do we have to penalize every senator and congressman? Should we shut the doors of the legislative assemblies and stop the elections?
People choose to work for consulting company, because no law said it is illegal. People choose to work in consulting, because we can meet different people and learn different verticals. And in IT, consulting is the main business model. Even if the application is developed in-house, the department that uses the software is called internal customer. If we can work for internal customer legally, whats wrong in working for external customer.
No business can evolve without customers. If IT consulting has grown up to this level, that means businesses welcomed consulting.
(1) There was no shortage of laypeople and even attorneys who asserted that "USCIS isn't doing anything wrong they are just following the law" when it came to FBI name checks. Fortunately for all of us sharper legal brains and sharper judges prevailed, and brought us to this happy day.
(2) On Class Actions: Villamonte, have you read the Mocanu decision (http://www.bibdaily.com/pdfs/Mocanu%202-8-08%20LEXIS.pdf)? If not I encourage you to do so -- that was just individual cases being consolidated, but the situation is not very different -- you should pay particular attention to the part where Judge Baylson recommends a multi-district class action litigation to deal with all the other name check cases (see p. 16, para numbered 6).
The parallels between the those cases and the one being proposed are very strong.
Judge Baylson is not the only judge who has recommended a class action approach to these issues. IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.
(3) Preliminary Ideas on the Grounds for Suing (courtesy lazycis):
The grounds for suing USCIS is the same as in Gonzalez v Howerton -- (a) interpreting the law incorrectly (b) not following the statutory requirement that they use up all the greencards available in a given year and therefore being guilty of affirmative misconduct. At the very least, a judge is within his rights to make them make amends -- by recapturing 2003-2004 EB greencards, since they wasted them as a result of their affirmative misconduct -- they waited for name checks or simply not processing applications - no one can say there wasn't an application backlog in 2003-2004.
(4) First Steps
What we need here is to get this matter before a good legal strategist who is familiar with (a) the two sources of affirmative misconduct (FBI name checks and cessation of processing in 2003-2004) (b) precedents and caselaw (note that most immigration law firms are good with filing paperwork, but not necessarily complex litigation, so forget about the usual suspects.) The perfect legal argument will not sprout up immediately. In the same way that the legal arguments in the name check cases were honed over time (lazycis can confirm this), this too will need some serious research and thinking.
Those of you who want everything about this case sorted out, signed, sealed, guaranteed and delivered this week will need a reality check. :)
As will those of you who think that the way to approach this is to discuss these issues without familiarizing yourself with facts and legal precedents in some detail (so arguments about slavery etc are not the ones that will win the day in court, it is arguments that can show that USCIS was not interpreting the law correctly and in doing so caused harm and that the harm can be remedied through recapture.) -- if you want to see how a case like this will work read Mocanu and Galvez. This case will not be a dramatic movie-style civil rights case about slavery, it will involve the most tedious sort of nitty gritty discussion of admin misconduct.
OTOH, for most of us, all we've got is time -- I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.
**: Yes, I've sent off my letters too. I think of these two things as complementary projects.
Neither of us are lawyers and I wouldn't even bother reading what you wrote. All I can say is, why don't you ask your immigration lawyer about this Class Action. Let's see what he says.
(2) On Class Actions: Villamonte, have you read the Mocanu decision (http://www.bibdaily.com/pdfs/Mocanu%202-8-08%20LEXIS.pdf)? If not I encourage you to do so -- that was just individual cases being consolidated, but the situation is not very different -- you should pay particular attention to the part where Judge Baylson recommends a multi-district class action litigation to deal with all the other name check cases (see p. 16, para numbered 6).
The parallels between the those cases and the one being proposed are very strong.
Judge Baylson is not the only judge who has recommended a class action approach to these issues. IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.
(3) Preliminary Ideas on the Grounds for Suing (courtesy lazycis):
The grounds for suing USCIS is the same as in Gonzalez v Howerton -- (a) interpreting the law incorrectly (b) not following the statutory requirement that they use up all the greencards available in a given year and therefore being guilty of affirmative misconduct. At the very least, a judge is within his rights to make them make amends -- by recapturing 2003-2004 EB greencards, since they wasted them as a result of their affirmative misconduct -- they waited for name checks or simply not processing applications - no one can say there wasn't an application backlog in 2003-2004.
(4) First Steps
What we need here is to get this matter before a good legal strategist who is familiar with (a) the two sources of affirmative misconduct (FBI name checks and cessation of processing in 2003-2004) (b) precedents and caselaw (note that most immigration law firms are good with filing paperwork, but not necessarily complex litigation, so forget about the usual suspects.) The perfect legal argument will not sprout up immediately. In the same way that the legal arguments in the name check cases were honed over time (lazycis can confirm this), this too will need some serious research and thinking.
Those of you who want everything about this case sorted out, signed, sealed, guaranteed and delivered this week will need a reality check. :)
As will those of you who think that the way to approach this is to discuss these issues without familiarizing yourself with facts and legal precedents in some detail (so arguments about slavery etc are not the ones that will win the day in court, it is arguments that can show that USCIS was not interpreting the law correctly and in doing so caused harm and that the harm can be remedied through recapture.) -- if you want to see how a case like this will work read Mocanu and Galvez. This case will not be a dramatic movie-style civil rights case about slavery, it will involve the most tedious sort of nitty gritty discussion of admin misconduct.
OTOH, for most of us, all we've got is time -- I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.
**: Yes, I've sent off my letters too. I think of these two things as complementary projects.
Neither of us are lawyers and I wouldn't even bother reading what you wrote. All I can say is, why don't you ask your immigration lawyer about this Class Action. Let's see what he says.
Please read this news on New media about the immigration and housing crising
here is the link
http://www.buffalonews.com/149/story/476302.html
here is the link
http://www.buffalonews.com/149/story/476302.html
