nixstor
07-02 10:46 PM
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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logiclife
01-16 04:18 PM
I just got the word from our treasurer that the IRS has approved Immigration Voice as a non-profit organization of 501 (C) (4) type.
This approval means that IV will not have to pay tax on the contributions recd from our contributors since IRS has approved that IV is not for profit organization.
This approval means that IV will not have to pay tax on the contributions recd from our contributors since IRS has approved that IV is not for profit organization.
kanakabyraju
07-13 07:23 AM
YES. You will be all set.
My PD is Oct. 07 (EB 2)
Gurus.. pls advise.
Could i expect my dates to be current by mid of 2011?
Thanks,
My PD is Oct. 07 (EB 2)
Gurus.. pls advise.
Could i expect my dates to be current by mid of 2011?
Thanks,
2011 animated. happy birthday
gc28262
12-20 05:39 PM
Yes, I did. In fact, many times.
If you were not laid off, it is fine. Technically you are out of status only when you are laid off. If company didn't pay you that is probably an issue for the company not you.
If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.
Relax !
If you were not laid off, it is fine. Technically you are out of status only when you are laid off. If company didn't pay you that is probably an issue for the company not you.
If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.
Relax !
more...
Pagal
07-02 01:45 AM
It will only take less then 1 minute of your time to click this link ImmigrationVoice.org - Advocacy -- OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=15130466)
Hello,
Done...this is a neat tool! Makes advocacy fast and efficient!
Hello,
Done...this is a neat tool! Makes advocacy fast and efficient!
pdaug2002
03-17 10:34 AM
EB3 - India
PD : Aug 2002
PD : Aug 2002
more...
franklin
09-19 11:40 PM
Whilst in general a name change does sound like a good idea, we have spent a lot of time and money making sure that Immigration Voice as an organization is known.
It makes no sense to through that away
It makes no sense to through that away
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yabadaba
03-04 12:34 PM
Those were different times. Try taking mortgage now on your EAD.
Here are my particulars:
Family income: Almost 4-5 times per capital GDP
Job type: Stable
Credit score : Excellent
Highest education: MBA
Willing to put downpayment: Yes, required 20%
Mortgage application: Rejected as EAD is valid for only one year.
Now you tell me what should I do...
shop around...talk to different lenders....there are many of them that understand that the ead is renewable. its up to u as a consumer how to make ur case.
Here are my particulars:
Family income: Almost 4-5 times per capital GDP
Job type: Stable
Credit score : Excellent
Highest education: MBA
Willing to put downpayment: Yes, required 20%
Mortgage application: Rejected as EAD is valid for only one year.
Now you tell me what should I do...
shop around...talk to different lenders....there are many of them that understand that the ead is renewable. its up to u as a consumer how to make ur case.
more...
reddymjm
10-15 10:23 PM
You will receive one for your request please post here.
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eeezzz
03-04 03:39 PM
According to Mr. Gotcher (http://immigration-information.com/forums/showthread.php?t=4409)
Here are of the 5th and 6th paragraphs from Visa Quotas section at the very first post.
In addition to the �fall down� numbers, there are also �spill over� numbers. That is, to the extent that the worldwide category does not use all of the numbers available to it, the remaining numbers spill over and become available to the countries that are impacted by the single country limit.
In order for there to be spill over numbers, however, the worldwide third preference category much be �current� (that is, it may not have a cutoff date). When this happens, then unused worldwide numbers spill over and become available for applicants affected by the single country limit.
Here are of the 5th and 6th paragraphs from Visa Quotas section at the very first post.
In addition to the �fall down� numbers, there are also �spill over� numbers. That is, to the extent that the worldwide category does not use all of the numbers available to it, the remaining numbers spill over and become available to the countries that are impacted by the single country limit.
In order for there to be spill over numbers, however, the worldwide third preference category much be �current� (that is, it may not have a cutoff date). When this happens, then unused worldwide numbers spill over and become available for applicants affected by the single country limit.
more...
WAIT_FOR_EVER_GC
07-13 07:46 PM
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 foir me now.
This is completely bullshit...... I bet on it that the dates will never come back to Augst 2005.
He must have said Aug 2006 not Aug 2005.
Whoever the lawyer is, he has no idea of how cutoff dates are calculated
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 foir me now.
This is completely bullshit...... I bet on it that the dates will never come back to Augst 2005.
He must have said Aug 2006 not Aug 2005.
Whoever the lawyer is, he has no idea of how cutoff dates are calculated
hot non-animated/happy-
GCwaitforever
12-27 02:08 AM
I liked NW/KLM too. Absolutely no hassles. I hear that NY-Dubai non-stop flight through Emirates is also good, though it is slightly expensive.
London - transit visa needed definitely for inter/intra-airport transfers.
Paris - did not ask for transit visa last when I travelled.
Frankfurt was approving transit visas within the airport for gate transfers last time I visited. Situation might have changed now.
Has anybody travelled through Toronto-New Delhi through Air Canada? This would be a trip over the north pole during the Xmas :D
London - transit visa needed definitely for inter/intra-airport transfers.
Paris - did not ask for transit visa last when I travelled.
Frankfurt was approving transit visas within the airport for gate transfers last time I visited. Situation might have changed now.
Has anybody travelled through Toronto-New Delhi through Air Canada? This would be a trip over the north pole during the Xmas :D
more...
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kaisersose
07-24 02:05 PM
If I-140 has been certified OR application has already been submitted, then maybe you DO need a employment letter - to prove that the job is still available.
If I-140 and 485 are being submitted concurrently, then OBVIOUSLY there is a job offer (thats part of the reason the I-140 is filed by company) and maybe the employment letter is not required.
My thoughts.
You are right on both accounts.
1. I-140 already approved: Yes. A job offer should be attached with the 485 application as the 485 is your application. Is not including the offer letter grounds for rejection for lack of initial evidence? Probably not. But it is almost certain to invoke an RFE.
2. Concurrent Filing: As 140 is applied by the employer and not by you, that by itself is evidence that at this time, this employer intends to hire you or continue to employ you after GC. No separate letter is needed.
If I-140 and 485 are being submitted concurrently, then OBVIOUSLY there is a job offer (thats part of the reason the I-140 is filed by company) and maybe the employment letter is not required.
My thoughts.
You are right on both accounts.
1. I-140 already approved: Yes. A job offer should be attached with the 485 application as the 485 is your application. Is not including the offer letter grounds for rejection for lack of initial evidence? Probably not. But it is almost certain to invoke an RFE.
2. Concurrent Filing: As 140 is applied by the employer and not by you, that by itself is evidence that at this time, this employer intends to hire you or continue to employ you after GC. No separate letter is needed.
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mbawa2574
02-18 04:23 PM
http://www.opencongress.org/bill/111-h264/show
This bill is ending H1B for sure, but how will people get EB when there is no h1B or H1B renewal to wait for EB.
Please add your views about this bill.
Also, is there a IL chapter for IV?
??
This bill is ending H1B for sure, but how will people get EB when there is no h1B or H1B renewal to wait for EB.
Please add your views about this bill.
Also, is there a IL chapter for IV?
??
more...
pictures happy birthday funny animated
sheela
07-30 06:21 AM
Funny, I got a red dot too and with a similar comment - apparently a simple question early on about the relevance of this thread rubbed someone the wrong way (maybe he slipped head-first from his bed today morning).
Just curious: How can we see if someone gave a green / red dot unless it reflects on reputation. StuckInMuck and Cygent or anyone in the forum can you let people know.
BTW: the issue discussed in this thread is irrelevant to IV agenda.
Just curious: How can we see if someone gave a green / red dot unless it reflects on reputation. StuckInMuck and Cygent or anyone in the forum can you let people know.
BTW: the issue discussed in this thread is irrelevant to IV agenda.
dresses Happy Birthday Animation.
belmontboy
01-16 04:45 PM
My layoff was much less traumatizing at the instant.
I was in India on vacation and one fine day I check my work email to see an email that I was let go a day earlier with 2 weeks of severance.
Luckily I had my AP with me which is what I used to return back instead of the H1. Needless to add my entire remainder of the vacation was ruined in between obsessing about how to come back (try using the H1 even though laid off or use the AP and face secondary inspections) and applying to new jobs.
Well I am back now and looking everywhere. Hopefully something should click soon.
All the best guys!
your screen name is interesting :D
I was in India on vacation and one fine day I check my work email to see an email that I was let go a day earlier with 2 weeks of severance.
Luckily I had my AP with me which is what I used to return back instead of the H1. Needless to add my entire remainder of the vacation was ruined in between obsessing about how to come back (try using the H1 even though laid off or use the AP and face secondary inspections) and applying to new jobs.
Well I am back now and looking everywhere. Hopefully something should click soon.
All the best guys!
your screen name is interesting :D
more...
makeup Category: Birthday
sbabunle
01-02 12:51 AM
There are many ethnic TV channels in the USA. For instance Asianet is Kerala Channel. Sun TV is Tamil I guess. Can we think of doing advertisement on some of these channels? It could be expensive, but I think it would be worth trying....
girlfriend Happy Birthday!
malaGCPahije
03-17 04:21 PM
What I am saying is spill over from ROW goes to EB2 first. It does not split to EB2 and EB3 evenly. So more people from EB2 gets visa granted and thus people who joined EB2 bandwagon from EB3 and had earlier PD, they get Visa quickly. Now generally this spillover does not go to EB3 from EB2 having high demand from EB2 and thus EB3 get stuck with conventional numbers with 7% country limit and thus EB3 numbers move slowly. But if that spillover happens for both EB3 and 2 equally than EB3 can also move little bit quickly which is not the case. Thus shortening the queue by switching over to EB2 does not give full advantage to remained lot of EB3.
The recent movement in EB2 have been contributed to the spillover from EB2 ROW. That raises a question over the spill over rules. The EB2 ROW spill over should have helped EB3 ROW. But EB3 ROW is not yet C, however EB2-I moved up. If the spillover happens at the same level, then EB3-I may have hope in the future when EB3-ROW becomes C. Is such an assumption right or wrong?
The recent movement in EB2 have been contributed to the spillover from EB2 ROW. That raises a question over the spill over rules. The EB2 ROW spill over should have helped EB3 ROW. But EB3 ROW is not yet C, however EB2-I moved up. If the spillover happens at the same level, then EB3-I may have hope in the future when EB3-ROW becomes C. Is such an assumption right or wrong?
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Refugee_New
02-21 11:03 AM
My co-worker tried that and now has 3 RFE's to respond to.
Don't know the details but mostly it looks like a scam since why did one file Eb3 in first place and how can he add more exp. while Eb3 is pending as a factor for EB2? He is respondign since OCT. but they just keep asking for more details and they have first question for 140/PERM asking - DID YOU EVER HAD ANOTHER LABOR certification besides this one?
Be very careful-
This is what happend in my case. I converted my EB3 PD to EB2 PD.
My EB3 PD was 02/2002. LC Approved in Oct 2005. I-140 approved in 04/2006
I lost my job and joined another company. Applied PERM with MS degree. Got approved in Jan 2007. Then applied I-140 using PP, requesting to recapture older PD.
My I-140 was approved within 3 days without any trouble. Now my PD is 02/2002, EB2
So if you have a right reason then porting PD shouldn't be a problem.
Don't know the details but mostly it looks like a scam since why did one file Eb3 in first place and how can he add more exp. while Eb3 is pending as a factor for EB2? He is respondign since OCT. but they just keep asking for more details and they have first question for 140/PERM asking - DID YOU EVER HAD ANOTHER LABOR certification besides this one?
Be very careful-
This is what happend in my case. I converted my EB3 PD to EB2 PD.
My EB3 PD was 02/2002. LC Approved in Oct 2005. I-140 approved in 04/2006
I lost my job and joined another company. Applied PERM with MS degree. Got approved in Jan 2007. Then applied I-140 using PP, requesting to recapture older PD.
My I-140 was approved within 3 days without any trouble. Now my PD is 02/2002, EB2
So if you have a right reason then porting PD shouldn't be a problem.
sledge_hammer
03-05 04:57 PM
I have voted on this poll.
Thanks!
Thanks!
days_go_by
11-07 07:55 PM
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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