GC_sufferer
07-04 10:58 PM
nixstor,
First, with out name check cleared by FBI, no 485 will be approved. Assiging visa number to a 485 appliction initally, nothing to do with name check. If the applicant is threat to the security of the country, his/her 485 will be denied and they will take back the already assigned number. Both are two different issues.
Another myth: USCIS processed 60,000 485 in June. It is wrong. They processed 60,000 485 over the period of 6 months to 5 years. And they just approved in June, based on earlier processing.
Ramba, is that mean they might use less than 140K visas in 2007, because the name check may not be cleared for all 20K applictions in 3 months.
First, with out name check cleared by FBI, no 485 will be approved. Assiging visa number to a 485 appliction initally, nothing to do with name check. If the applicant is threat to the security of the country, his/her 485 will be denied and they will take back the already assigned number. Both are two different issues.
Another myth: USCIS processed 60,000 485 in June. It is wrong. They processed 60,000 485 over the period of 6 months to 5 years. And they just approved in June, based on earlier processing.
Ramba, is that mean they might use less than 140K visas in 2007, because the name check may not be cleared for all 20K applictions in 3 months.
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jkays94
07-10 02:39 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.
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.
godspeed
06-10 04:18 PM
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srkamath
07-13 07:33 PM
Hi srkamath
My actual RD is 2nd July, my notices show it as 30th of July. Do you think we should try you get that corrected? Is that posssible at all?
Thanks
Lucky you, you might start seeing LUDs on you case by the end of this month. If you do please send me a message.
Reg correcting the dates, USCIS usually takes months to respond to such things. I'm not gonna do anything about it for my case, unless the processing dates show virtually no movement.
My understanding of process.date is that it is the oldest date of completed cases - which means they might be caught up with processing on most cases received till that date (July-20th 2007 ?) I could be wrong, we'll see..
My actual RD is 2nd July, my notices show it as 30th of July. Do you think we should try you get that corrected? Is that posssible at all?
Thanks
Lucky you, you might start seeing LUDs on you case by the end of this month. If you do please send me a message.
Reg correcting the dates, USCIS usually takes months to respond to such things. I'm not gonna do anything about it for my case, unless the processing dates show virtually no movement.
My understanding of process.date is that it is the oldest date of completed cases - which means they might be caught up with processing on most cases received till that date (July-20th 2007 ?) I could be wrong, we'll see..
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prince_waiting
10-20 03:25 PM
Choose your pick fellow IVians,
On one hand we have Sen. McCain, guided by Sen. Martinez and the hispanic lobby on immigration reform favoring family based immigration applicants. Also Limbaugh and Hannity followers will be ready to demand their peice of meat after election and will go to any extent to protect the white character of middle America.
On the other hand we have Sen. Obama, guided by the man we love to hate Sen. Dick Durbin, who is ready to put on the squeeze of programs like H1B and the EB PR. Also the Dems as a political party are more interested in attracting new less educated immigrants to their side.
Our only saving grace Corporate America, right now is not neither enjoying any patronage nor any good reputation on Capital Hill.
Guess it is going to be a long wait for us 'Highly Skilled Legal Tax Paying Immigrants' before we are going to be embraced by the American dream.
On one hand we have Sen. McCain, guided by Sen. Martinez and the hispanic lobby on immigration reform favoring family based immigration applicants. Also Limbaugh and Hannity followers will be ready to demand their peice of meat after election and will go to any extent to protect the white character of middle America.
On the other hand we have Sen. Obama, guided by the man we love to hate Sen. Dick Durbin, who is ready to put on the squeeze of programs like H1B and the EB PR. Also the Dems as a political party are more interested in attracting new less educated immigrants to their side.
Our only saving grace Corporate America, right now is not neither enjoying any patronage nor any good reputation on Capital Hill.
Guess it is going to be a long wait for us 'Highly Skilled Legal Tax Paying Immigrants' before we are going to be embraced by the American dream.
gc28262
07-18 04:50 PM
Keep predicting and calculating. USCIS will prove you wrong once again.:)
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serg
07-01 09:54 PM
When prominent business houses like Microsoft, Google, Cisco, Oracle and organizations like AILA seem powerless when it comes to influencing senators, lawmakers and government organizations like USCIS and DOS, what can IV team do to change the policies. Sorry I did not mean to criticize, but that's the truth, unfortunately!
At the time when nobody could, Sir Alexander Fleming find out about penicillin. But we are not alone tho ;)
At the time when nobody could, Sir Alexander Fleming find out about penicillin. But we are not alone tho ;)
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franklin
04-23 02:31 PM
Thank you Nor Cal members, on behalf of 1 member who was unable to attend. I encourage those not already part of the Nor Cal Yahoo group to join it.
There are roughly 10 members trying very hard to boost activity without our section, and it encourages me that there were around 50 or so representatives at the meeting.
Stay active, join your chapter!
There are roughly 10 members trying very hard to boost activity without our section, and it encourages me that there were around 50 or so representatives at the meeting.
Stay active, join your chapter!
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amitjoey
07-05 04:35 PM
Same here. Here's my small contribution in your big effort.
Best regards,
Google Order #853854384931851
Thanks a lot.
Best regards,
Google Order #853854384931851
Thanks a lot.
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prioritydate
12-20 04:30 PM
Your PD is Dec, 2004. Why you think you'll get RFE for not working during 2001?
I am not sure about that. So, are you saying that they don't care what my status was before applying my GC?
I am not sure about that. So, are you saying that they don't care what my status was before applying my GC?
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meridiani.planum
03-16 11:15 PM
i just don't see what the fuss is about. people from india usually waited 5-6 years for a GC historically, and it's about the same, give or take one year, even now. so i don't see why 4 years of wait after i-485 is being made out to be such a big deal only NOW.......????
its not a 4 year wait you @#$$%!#$!!! From your mails here you seem to be simply trolling for, and collecting red dots (& doing a good job of it).
If your PD is EB2/EB3 India 2006 or 2007 its gonna be a 10 year wait. Atleast.
Dates have not been so badly retrogressed, ever (7 years for EB3 India!). Demand has never been so high, ever. Lots of things have led to this HUGE backlog of demand (namechecks, LC delays, increased H1 quotas in 2000/01/02, increased use of L1). The IN queue has never been this long, by an order of magnitude, and the OUT queue has remained the same for decades. We are screwed unless there are some admin fixes.
its not a 4 year wait you @#$$%!#$!!! From your mails here you seem to be simply trolling for, and collecting red dots (& doing a good job of it).
If your PD is EB2/EB3 India 2006 or 2007 its gonna be a 10 year wait. Atleast.
Dates have not been so badly retrogressed, ever (7 years for EB3 India!). Demand has never been so high, ever. Lots of things have led to this HUGE backlog of demand (namechecks, LC delays, increased H1 quotas in 2000/01/02, increased use of L1). The IN queue has never been this long, by an order of magnitude, and the OUT queue has remained the same for decades. We are screwed unless there are some admin fixes.
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chetanjumani
03-13 12:10 PM
Thank You Googler, EB2 India in April is Dec 2003. Hopefully the logic to arrive at this is what you got to know from your Call with DHS employee.
Hopefully all EB immigrants would be treated equally irrespective of their place of birth.
Hopefully all EB immigrants would be treated equally irrespective of their place of birth.
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gsc999
04-08 11:02 AM
I think -We have to come to our senses. The law wants to treat us as slaves. Do the work and go back. They do not want to give the opportunity to have the american dream. They do not have problem with mexicans, or arabic country people, or anybody. All they want is - we do not want smart talented ones to take our white collar jobs.
We are screwed by our Desi employers, the law. We do it for $. So it is really upto us to choose from. Money or respect.
When I see fellow indians, at the age of 40, I feel pity. Most of us would see that they are in dilema as what to do. What they are doing is correct. They live a succumbed life.
Choose life !! is the better option !!
-------
yawn. Weak post. Just substitute "I" for wherever you use "We" start with "I have to come to my senses." Don't patronize and don't be condescending.
We are screwed by our Desi employers, the law. We do it for $. So it is really upto us to choose from. Money or respect.
When I see fellow indians, at the age of 40, I feel pity. Most of us would see that they are in dilema as what to do. What they are doing is correct. They live a succumbed life.
Choose life !! is the better option !!
-------
yawn. Weak post. Just substitute "I" for wherever you use "We" start with "I have to come to my senses." Don't patronize and don't be condescending.
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vin13
02-11 06:48 PM
There is a huge backlog in FB category. How come there are 13,000 unused visas in FB. If any immigration business shop is so confident about their assertion, why do they not file a lawsuit on CIS. Why are they posting these messages on different forums? Do they just want to gain visibility? It seems that its better business practice is to write random statements like 'CIS failed again' without having the willingness to do something about CIS failure. Aren't there clients with pending 485 of this immigration shop. As their lawyer and with fiduciary duty towards his clients, if he is so confident of CIS failure, why is he not filing a lawsuit on CIS to guard the interest of his clients.
Who are you questioning???
I just conveyed the message .Nobody said it is true or false. This is the message received period. Now we need to evaluate and see if it makes sense.
We are talking about an inefficient USCIS. It is OK to question and make sure things are happening as it should. The lawyer is not posting information everywhere. Why do you have to jump into conclusions? You and Me have a interest in us getting the green card not the lawyer. Don't expect the lawyer to file a lawsuit for you...and lets get the facts together and leave the lawyer alone.
Who are you questioning???
I just conveyed the message .Nobody said it is true or false. This is the message received period. Now we need to evaluate and see if it makes sense.
We are talking about an inefficient USCIS. It is OK to question and make sure things are happening as it should. The lawyer is not posting information everywhere. Why do you have to jump into conclusions? You and Me have a interest in us getting the green card not the lawyer. Don't expect the lawyer to file a lawsuit for you...and lets get the facts together and leave the lawyer alone.
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axp817
01-30 01:31 PM
Sorry to hear about your plight, what do you plan to do if the RFE is for employment verification?
Please do keep us updated, it will help other members in similar situations out, and you might find some useful advice as well.
Good luck.
Please do keep us updated, it will help other members in similar situations out, and you might find some useful advice as well.
Good luck.
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askbz1
04-07 07:29 PM
http://immigrationvoice.org/forum/showthread.php?p=332839#post332839
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actaccord
03-01 04:02 PM
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BlueSunD
03-09 08:40 PM
I�m trying to finish all the work I�ve got so I can finally spend some time to finish my entry. It�s kind of bothering not being able to add all the things you want this time, but soulty�s right, you can do it later. I would like to catch some sleep tonight too... but guess that will have to wait too :P
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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.
funny
09-11 11:38 AM
http://seeker.dice.com/olc/thread.jspa?threadID=9965&start=0&tstart=0
Lot of people are working hard to defeat this bill including Programmers guild. We need to act fast and aggressively. I think this postponment of the bill gave us another chance to lobby it strongly.
Lot of people are working hard to defeat this bill including Programmers guild. We need to act fast and aggressively. I think this postponment of the bill gave us another chance to lobby it strongly.
nixstor
07-05 03:47 PM
Since the sentiment is so strong against freeloaders - aren't all the people not donating to AILF freeloaders too ? Let's donate to AILF too while we are at it...
My posts were not intended towards any one particular incident. I am talking about the lack of understanding behind the website, its main agenda and what we as a community should do. It is not about for one particular incident.
My posts were not intended towards any one particular incident. I am talking about the lack of understanding behind the website, its main agenda and what we as a community should do. It is not about for one particular incident.
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