Wednesday, June 8, 2011

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  • santb1975
    05-01 04:21 PM
    Did we reach 10K yet?




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  • eastindia
    01-12 01:14 PM
    Sorry eastindia but you are plain wrong. The US is not East India Company.

    Here are the facts about the US checks and balances:

    1. No single entity - not the President, Senate, House of Representatives, state Governors, nor anyone else - has the power to overturn a US Supreme Court ruling. Supreme Court decisions cannot be nullified by other parts of government.
    2. If the Supreme Court strikes down a federal law, Congress can always modify the law until it is such that the Supreme Court does not consider it to violate the U.S. Constitution. Then they would have to vote to pass the new law, and the President would sign it.
    3. The Supreme court can overrule its own rulings.
    4. Congress can rewrite a law to conform with Constitutional standards.
    5. The Constitution can be amended. This would require a two-thirds vote of both houses of Congress, and ratification by three-quarters of the states (actually, at least 39).

    If you think a law is unconstitutional then it can be challenged in the court. For example, there was an article in WSJ about some lawyers planning to challenge the health care bill once it becomes a law. One of the reasons: the health care law would require a person to buy health insurance, which infringes upon constitutionally guaranteed individual right of freedom. Now not to deflect from the topic of this thread, the bottomline is if you think the law is unconstitutional then you can challenge the law in the court.

    The Key Point: Equal opportunity employement advancement is protected by Constitution ("Title VII of the Civil Rights Act of 1964 (Title VII)")and hence the Supreme Court can overturn the per country quota limitation if the Supreme Court finds that the per country quota leads to discrimination at employment, which is unconstitutional.

    You are talking about rights as if you are a citizen of this country. Constitutional rights are given to the citizens of the country. It is not your right to stay in this country. Legally it is your employer who wants you here and petitions for your Greencard. Now can you get your employer to talk to your congressman or media or file a lawsuit for you?

    There were some folks talking about lawsuit 3 months ago after the visa bulletin. That thread ran 9 pages and nobody did anything. 2 months ago again people talked about lawsuit and hunger strike. Nobody did anything. So it is not going to happen. Are you willing to spend thousands and keep going to courts or testify? Are you ok with your greencard application be used as an example and allow USCIS to scrutinize it?

    This talk about lawsuit is all gas.




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  • starscream
    06-19 03:42 PM
    Are there any favorable provisions for us?




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  • snhn
    09-27 11:45 AM
    I probablly know the answer to my own question, but would like to know other opinions. My lawyere tells me this. Since the dates were current when I filed for my I485 in July, the application will be processed regardless of what the dates are right now. Another words, he thinks that even though the dates are showing as 2002, my application will be processed since when we filed, they were current.

    is this true. If so, then provided I pass background check in time, i should expect my GC in a year or so. but if I have to wait until 2002 Row becomes current, in my case 2005.. then I am majorlly scrwed...

    thaughts.



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  • kumarc123
    07-02 10:40 AM
    Hello All,
    I called again, took me less than 2 minutes. To all the people who have already made these calls, please call again and maybe address yourself as your spouse's name, or friends name. The point here is volume.


    To all those who haven't called shame to all of you, please return back to India as your stall actions are bringing a disgrace to our country.

    The Senator has not made any stand on this issue yet, it is imperative for all of us to call, please call.



    United we stand , United we win




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  • nrk
    05-20 11:33 AM
    letters sent



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  • boreal
    03-05 12:15 PM
    They have said that country of chargeability is not assigned until case is ready for approval. However, whether or not a case is ready for approval is determined by country of chargeability.

    I think pre-adjudication solves this catch-22 situation, and they have been pre-adjudicating quite a bit over the past two years. So, I dont think that this is an issue.




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  • satishku_2000
    06-09 05:06 AM
    You definitely raise an interesting case. What I would say to that is that they just have to reevaluate the points allocation system. the details of the point allocation system may be bad but the overall intent still stands to benefit the highly educated while including the EB system as well will make sure less skilled but in demand people are also taken care off. handling family based GC is a whole diff ball game though.


    Overall intent of the bill was to legalize/give amnesty to 12 million people at any cost for dems. The intent of republicans was to gut the whole immigration system whether legal or illegal.

    You say that they just have to reevaluate point system. How many amendments were filed to do that . If the intention of "masters of the universe" was to reform the system they would have approached the whole thing much carefully. The total bill was written by special interest groups on both sides of the political aisle.

    I agree that a strong economy like america needs both skilled and unskilled people. Shouldn't it be left to the employer to find out who is the best person that can do the job.

    The bill as it was written before the cloture vote was a piece of CXXX.

    Once the bill is passed I dont think anyone wants to talk about immigration for another 20 years , I dont think I want to wait for another 20 years for law makers to make changes to the point system.

    I am happy that this ill conceived bill is on life support system now. Hope they are not able to revive it ...

    Foreign nurses wont help revive this baby because they dont get any points in the new BS system called MBS ....:D :D :D :D :D



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  • Jaime
    09-07 11:15 AM
    Let's go, let's change people's minds so that we can ALL attend the DC rally on the 18th!!!!




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  • yabadaba
    07-05 11:14 AM
    Oh law reports:

    07/05/2007: Definition of I-485 "Filing" and Receipt of June VB Cases in July 2007

    Readers are sending us email inquiry whether the USCIS will reject the I-485 application for the June 2007 current cases for them which they post marked and shipped out via US Postal Services or via overnight delivery services which was delivered on July 2, 2006. These cases will also be rejected as under the revised July 2007 Visa Bulletin, entire EB visa numbers will remain unavailable effective July 2, 2007. Since filing of I-485 is not determined by a post mark but by physical receipt of the application, these cases are likely to be rejected as it physically arrived at the Service Center buildings on July 2, 2007 when the unavailability of the EB visa numbers took effect.
    If the June application was shipped out in June when their visa number was current and delivered on June 29 or earlier date, the application is considered timely filed unless there were flaws in filing such as missing filing signatures, defective checks, or even missing important initial evidence. These applicants should preserve the overnight delivery tracking certificates and the cancelled checks of filing fees to prove that the applications were timely filed before July 1, 2007. Issuance of hard copy Receipt Notice does not control for the purpose of the proof of "filing."



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  • amoljak
    03-17 10:43 AM
    This is great... I don't think we could have asked for anything more. numbers USA is already harping about it. But no guest worker thing makes it much less controversial.

    However I think our biggest challenge is in the house. So we will have to lobby hard to the house members who are going to be in the conference.

    This bill has some very good things for graduate students. And they are the most organized ones. So we can team up with student associations to mount a big grass roots campaign.




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  • eb3_nepa
    06-30 09:38 AM
    This wud sound like good news except for the word "introduced". The SKIL bill was "Introduced" in the Senate as well. I would love to go "ra-ra sis boom ba" on this peice of news, but history shows that a lot of bills get "introduced" but remain on the senate/house back burners. This is good news but let's be cautiously optimistic/enthusiastic.

    Logiclife, thanks for posting the information so promptly though. :)



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  • needhelp!
    03-05 09:56 AM
    vbkris,

    We have asked for "sorting by priority date" (updated first post with original letter to USCIS), so we should get the breakdown if we can define "priority date" for them.

    What we get

    1. We get number of EB2,EB3 Primary and EB2,EB3 Dependent applications.

    2. From the wordings, I won't be suprized if they give a summarized number from 2001.

    But if someone else requested this info broken into PD buckets by month and Year, then I think we need to use that. The letter I sent had that wording, but I never received any response yet.

    Here is what we don't get

    1. Break up by country - Helps folks in EB3 as ROW is not current

    2. Some might have not applied for AOS for various reason like their I140 is still pending, Some companies mandate that. - This could be a small percentage

    3. Break-up by PD month& year

    More insight is welcome.. Pre-adjudicated cases are not approved cases. So they can't eliminate them..




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  • micofrost
    07-18 02:09 PM
    Ok, firstly, if you are really honest about your feelings, no one is really happy for another unless what the other has done is useful to you. You can wax your eloquence with claims to contrary, but you know it is true. So stop this pretensions.


    Ok, you want a constructive suggestion? Rat on everyone who is doing fake jobs, is a body-shopee, bought his GC etc. That should get rid of at least 20-30% (conservative numbers). How many will support it? I guess not many.

    How about asking USCIS to make the priority date of the substituted applications to be the day 140 is filed? Any takers there? I guess not.

    And then people have the gall to tell us to be happy for Eb2ers, and that we are jealous.


    PS: I realize that substitution is no longer possible, I mean to ask USCIS to retroactively apply the priority dates for such cases.

    U know what, actually we all eb2 guys are very sad about the eb3 plight. And if we do get a visa number, we will request uscis to dsitribute it to eb3 category. does this make u guys happy now ???

    why dont u think abt those guys, who filed in eb3 earlier, knew that the trouble is brewing, and switched jobs to be able to file under eb2. why you guys dint do that so far. dont blame uscis. they were, the are and they will remain a mystery for ever. its not our birthright. if DOS thinks they need more research grads, they will keep eb1 current, if they need more exp guys, they will improve the b2 category. And if they need more frsh grads, they will come to eb3. And if some exp person is stuck in eb3, he himself is to be blamed. dont blame anyone else for your ignorance of GC rules then.

    So fact is we all are under DOS/USCIS mercy. 2 years back it was eb3 turn, now it is eb2 turn. Unfortunately no is blaming why ebI is always current. if that reason you can digest, then you should have the gall to digest this one too.



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  • rongha_2000
    07-18 03:20 PM
    USCIS should have gone back in history to see when you stroke of bad luck started and as a compensation of your "suffering" should have awarded you a PD of 1995 (even before you came to US)

    DAMN them USCIS..!!:rolleyes:

    Frist, sorry for the confusion. I do have a 05/2007 PD at Atlanta PERM center. I came to the country in 1999 for grad school, started working with OPT in 2001, converted to H1 in 2002, laid off in 2002, started working again in 2002 with a new employer, filed labor in 2004 and got stuck in BEC ever since. The employer refused to file PERM, so I had change to a new company in 2006, and had PERM filed in 2007 and got stuck there again. Your are right, I am technically not in BEC, but psychologically I always feel I am in there.

    I did not know what was 'disruptive' and 'inappropriate' about what I said. This is a board for BEC victims, so BEC victims are not allowed to express our frustration? I just expressed my depress and my concerns over how much this will retrogress the PD without targeting anyone. When tons of people run in front of our queue and shut us out in cold, we are supposed to 'enjoy the moment' with them? If so, when USCIS said no one can file 485 on July 2nd, why none of the people enjoy the happiness with those who already filed, because that will make their processing time much faster. People said we should feel happy for those who can file, because they now can get EAD/AP for their spouses, as if our spouse do not need EAD/AP. And as a result of this total mess, I don't think we'll have hope in another several years to see the date current.

    IV core keeps telling us, BEC is always on their agenda. Really? If they did not even understand our pain and consider our frustration a disruption to people's happiness, how can we expect them to help? I still think IV is a great org, as it's the first such organization to speak out for legal immigrants. But when it comes to BEC victims, I did not see IV changed anything, or intend to change anything.

    btw my original ID is still being banned




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  • Gravitation
    06-01 07:06 PM
    I've had some pilot training, so I'll chip in.

    All commercial planes have advanced information of a thunderstorm way before it arrives. Most of the airlines/pilots take a detour to avoid it. That increase expense (extra fuel cost/arrival delay, passenger compensation, delay in subsequent flights, etc.). So, the chepo airlines will take a shot at simply going through it. Risk for a big modern plane is very very small but non-zero. An airline making a decision based on costs instead of ethics will pressurize captains to go through such storms.

    The lesson is simple: avoid AF. You'll have to be an idiot to fly it or a cheap airlines like that.

    Its a terrible tragedy when lives are lost. My heart goes out to the innocent victims and their family and friends.

    Air France is conveniently blaming it on bad weather but I don't buy it...planes fly just fine in bad weather...at least well maintained planes. While their incompetency at customer service clearly shows, they are probably sub standard in maintenance and safety issues as well. Too bad innocent lives have to pay a price to bring that out.

    Another reason not to fly Air France.



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  • coopheal
    03-14 04:54 PM
    This is like telling passengers to move to the other side of the boat when it starts sinking one side. The outcome is only making the boat sink faster. Remember, the huge backlogs are not completely due to unavailable visa numbers.

    Unless there is a real need, moving from EB3 to EB2 dont make much sense.
    Do not agree with this. This is not a fair analogy.
    Nobody is saying IV should stop efforts for administrative and legislative fixes.
    If someone has an option to switch to EB2, he/she should definitely try it.




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  • pointlesswait
    06-10 05:07 PM
    my PD is dec 05.......... any chance that it might get there by next two bulletins...
    or will it stay at OCT 05 for couple of years.:(


    Is this forward movement due to spillover?????????


    any




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  • GCBy3000
    07-19 09:50 AM
    Yes, I used to say like this five years back when I had time and age in my hand. I assume you are in early or mid 20's. I will put it differently for you.

    Assume there is a big pond which starts from 1 feet and gradually increases up to 100 feet. People with one year work experience steps 0.5 feet. There are life jackets(GC) floating around the pool and whoever is lucky is picking it up. There are guys like me who are already in 5th-6th feet deep without finding the lifejacket, but we are sure if we go further, may be 3-4 feet more we WILL find it. There are guys who are lucky to find a life jacket at 1,2,3 feet also and happily float to the shore passing us. The fifth feet guy is practically seeing how the 6th and 7th feet guys are struggling. May be they are seeing some one in 8 feet to 10 feet. Now a big Tsunami (retrogression) comes and drags all the jackets 20 feet down further. These guys are dejected and some of these guys even pull their spouse/kids in one hand when they float/swim.

    Dont forget, it takes one year to step 0.5 feet. Every year the pond management drops a fixed number of jackets. These guys keeps their hope alive based on the above fact. But these guys are seeing some kids passing in motorboat(LC Substitution) paying that guy 10K and getting a life jacket. Hmm pain, but even if I had a chance I would have also done it.

    Now comes your saying. When the deepest s...t guys talks about their fate down the line and how to take their family safe ashore, a guy at 0.5/1 feet shouts saying "Dont give up, it is like deciding to take a sanyas because you are tired of dealing with social issues".

    If you are in 5+ feet, I take your statment. Otherwise, you will not understand what I am trying to say until you reach 5+ feet without finding a life jacket and also pulling your family in one hand and seeing your seniors struggling more in 8+ feet. :)

    NOTE: BTW, no offense. I thought to express what I am saying in different way. I understand what you meant. Cheers.



    I think that going back to your home country ONLY because you feel overwhelmed by the delays in GC processing/retrogerssion (assuming you are quite content in your job and standard of living) is not a good idea. Especially true in the event that you and your family experience difficulties in adjusting professionally and socially after returning back. Chances are you might soon get a feeling of having taken a wrong decision in the heat of the moment, especially if the guys who stay back and ride this retrogression storm see some relief while you are still trying to adjust to the changed environment of your home country. You may even get tempted to come back and give the GC thing another shot but then you have to start at square one again.

    Going back to home country only because of the shortcomings of GC process is like deciding to take a sanyas because you are tired of dealing with social issues. I belive a decision to renounce something should only come from a position of strength. A true jogi is one who understands the triviality of society and decides to rise above it...not the one who denouces it because he can't deal with it.

    As the saying goes..its darkest before the dawn...I truely hope this is the case for all of us here...




    mhathi
    03-13 05:01 PM
    Well...I am one of us stuck in EB3. I do qualify for EB2 but my employer choose to file it under EB3. I recently invoked AC21 and moved over to a new employer on my EAD. Is there a way I can ask my new employer if they can file new I140 under EB2 and change my category to EB2?

    I am in almost exactly the same situation as you... I wonder if this can be done as well... On the other hand, as long as AC21 and EAD are prevalent (as long as we can indeed get 3 yr EAD) it is atleast not as bad for us...

    I pity the poor guys who could not file in july for whatever reason and are stuck in EB3 with a later PD




    sanjay
    06-24 09:23 AM
    Hi,

    Sorry for late jumping on this old topic. But, applied for SSN for my wife and got it in mail. Now what? My taxes for last year were applied in feb this year. How can I tell IRS that my wife got SSN now and she is eligible for Stimulus package?

    Can I claim this amount next year when I file my taxes?

    Thanks.

    Boss, any suggestions here?

    Thanks.



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