mbartosik
12-13 11:48 PM
Mark,
what say you?
In some states the courts are "Courts of equity and law" or is it "Courts of law and equity", in other words the court has a mandate to enforce fairness within the bounds of the law (NY State is one such state). This derives from English law. However, I do not believe that is the case for federal court.
If the courts were courts only of fairness, equity, what's right, etc., yes, indeed then I think that we would win. But the courts are courts of law. In our case the federal courts are courts of federal law. Congress writes those laws, and the courts are free to interpret those law but not change them. The courts can also throw out a law (this is often appealed to Supreme court). The Supreme court's job is to interpret the constitution, and to define how the lower courts must interpret the law, or to throw back the law to Congress.
We have next to no chance in lower courts.
Even if we appealed through courts up to Supreme court, and win we would loss because Congress would still be free to change the law to restrict in other ways, possibly with the same effect. In the mean time we would alienate those law makers on our side. Also USCIS would be free to stop ALL EB immigration, while the Congress decided how to rewrite the law.
In our case there is no interpretation other than the mess that we are in is the law. So the Supreme court would have to find that the law was against the constitution, which I highly doubt that it is.
Even if the supreme court found that the law was against the constitution, Congress could enact another similar law (akin to minimum sentence), that merely fitted within the framework of the constitution but achieved the same end result. A recent example of this was when the Supreme court found that Gitmo detainees must be given a right to review of their detention. The detainees were not immediately released because they were detained without review and against the constitution, no, Congress simply passed a law allowing review by military tribunal, that complied with the Constitution, and the detainees remained detained, with a totally meaningless review (not allowed to see evidence against them etc.).
Thus the branch of government that we need to convince is Congress (which by the way I think the Constitution or an amendment gives the right to government immigration).
I'm not saying do not fight, just fight smart.
To me fighting smart means going to the law makers, politely, and persuasively. It is not aggressive, it is not radical, but it is fighting wisely. So I don't think that we are backing down in the face of things that are wrong, I think that we are standing up, but intelligently, and fighting where we can win.
It is Congress that ultimately decides, the Supreme court can only say to them, "sorry, not in compliance, try again".
what say you?
In some states the courts are "Courts of equity and law" or is it "Courts of law and equity", in other words the court has a mandate to enforce fairness within the bounds of the law (NY State is one such state). This derives from English law. However, I do not believe that is the case for federal court.
If the courts were courts only of fairness, equity, what's right, etc., yes, indeed then I think that we would win. But the courts are courts of law. In our case the federal courts are courts of federal law. Congress writes those laws, and the courts are free to interpret those law but not change them. The courts can also throw out a law (this is often appealed to Supreme court). The Supreme court's job is to interpret the constitution, and to define how the lower courts must interpret the law, or to throw back the law to Congress.
We have next to no chance in lower courts.
Even if we appealed through courts up to Supreme court, and win we would loss because Congress would still be free to change the law to restrict in other ways, possibly with the same effect. In the mean time we would alienate those law makers on our side. Also USCIS would be free to stop ALL EB immigration, while the Congress decided how to rewrite the law.
In our case there is no interpretation other than the mess that we are in is the law. So the Supreme court would have to find that the law was against the constitution, which I highly doubt that it is.
Even if the supreme court found that the law was against the constitution, Congress could enact another similar law (akin to minimum sentence), that merely fitted within the framework of the constitution but achieved the same end result. A recent example of this was when the Supreme court found that Gitmo detainees must be given a right to review of their detention. The detainees were not immediately released because they were detained without review and against the constitution, no, Congress simply passed a law allowing review by military tribunal, that complied with the Constitution, and the detainees remained detained, with a totally meaningless review (not allowed to see evidence against them etc.).
Thus the branch of government that we need to convince is Congress (which by the way I think the Constitution or an amendment gives the right to government immigration).
I'm not saying do not fight, just fight smart.
To me fighting smart means going to the law makers, politely, and persuasively. It is not aggressive, it is not radical, but it is fighting wisely. So I don't think that we are backing down in the face of things that are wrong, I think that we are standing up, but intelligently, and fighting where we can win.
It is Congress that ultimately decides, the Supreme court can only say to them, "sorry, not in compliance, try again".
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nik.patelc
09-04 11:54 AM
People dying for corrupt politician..God Save India
Dont just fool by news and be little skeptical . All system(media, politician ) is so corrupted. You never know, This may be manufactured news, labeling natural deaths across AP to Shock/suide to make easy road for his son to be CM....
Dont just fool by news and be little skeptical . All system(media, politician ) is so corrupted. You never know, This may be manufactured news, labeling natural deaths across AP to Shock/suide to make easy road for his son to be CM....
visves
06-27 09:13 AM
I think the point some of the attorneys are trying to make is that there were quite a number of extra visa numbers available (close to 40,000) apart from the normal visa numbers available for Jun, July, Aug, Sep. Unless the number of approvals come close to the total visa numbers available, there is no reason for CIS to arbitrarily move the date backwards. You were right in saying that there were a number of approvals in June, but I highly doubt they even came close to the extra numbers available. All the attorneys are trying to say is to not consider the number of applicants from the equation of trying to predict priority dates.
USCIS had approvals before dates moved. USCIS knows the number of such approvals.
These approvals are getting GC before approval of current applicants. If earlier approvals use up quotas, retrogression does not have to wait for current approvals.
USCIS had approvals before dates moved. USCIS knows the number of such approvals.
These approvals are getting GC before approval of current applicants. If earlier approvals use up quotas, retrogression does not have to wait for current approvals.
2011 Happy Anniversary,
tikka
07-03 09:19 PM
http://www.forbes.com/feeds/ap/2007/07/02/ap3879453.html
Legal immigrants hoping to be first in line for employer-sponsored green cards lost time and money when the government suddenly announced Monday that no new applications would be taken until the fall, a lawyers group said.
Tens of thousands of people who work in the United States under employment visas and their families were affected by the change, said Crystal Williams, associate director for programs at the American Immigration Lawyers Association.
"There are people who flew to the United States so they could apply and had their families fly back. They paid attorney fees," Williams said.
The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers. It sometimes takes years for applicants to get those numbers.
The announcement meant that as early as Monday, Citizenship and Immigration Services would begin accepting applications. The applications are hefty, requiring medical exams, a lot of documentation and the applicant's presence in the United States.
But an update on the State Department Web site posted Monday said 60,000 such numbers were no longer available because of "the sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month."
The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.
The State Department has been flooded with passport applications since new rules went into effect in January requiring passports for air travelers returning from the same destinations. The resulting backlog has caused delays of up to three months for passports and ruined or delayed the travel plans of thousands of people.
A spokesman at the State Department declined to comment.
Williams said several workers within Citizenship and Immigration Services told her and other lawyers that the agency had staffers working through the weekend to resolve pending cases. She said several lawyers reported getting phone calls from the agency with questions about applications when normally that happens by mail.
Chris Rhatigan, spokeswoman for Citizenship and Immigration Services, denied the weekend work occurred or that there was a push to use up the visa numbers. She said the agency had pending cases from previous months.
The fee to apply for a green card increases July 30 from $395 to $1,010, including a fingerprinting fee.
Legal immigrants hoping to be first in line for employer-sponsored green cards lost time and money when the government suddenly announced Monday that no new applications would be taken until the fall, a lawyers group said.
Tens of thousands of people who work in the United States under employment visas and their families were affected by the change, said Crystal Williams, associate director for programs at the American Immigration Lawyers Association.
"There are people who flew to the United States so they could apply and had their families fly back. They paid attorney fees," Williams said.
The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers. It sometimes takes years for applicants to get those numbers.
The announcement meant that as early as Monday, Citizenship and Immigration Services would begin accepting applications. The applications are hefty, requiring medical exams, a lot of documentation and the applicant's presence in the United States.
But an update on the State Department Web site posted Monday said 60,000 such numbers were no longer available because of "the sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month."
The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.
The State Department has been flooded with passport applications since new rules went into effect in January requiring passports for air travelers returning from the same destinations. The resulting backlog has caused delays of up to three months for passports and ruined or delayed the travel plans of thousands of people.
A spokesman at the State Department declined to comment.
Williams said several workers within Citizenship and Immigration Services told her and other lawyers that the agency had staffers working through the weekend to resolve pending cases. She said several lawyers reported getting phone calls from the agency with questions about applications when normally that happens by mail.
Chris Rhatigan, spokeswoman for Citizenship and Immigration Services, denied the weekend work occurred or that there was a push to use up the visa numbers. She said the agency had pending cases from previous months.
The fee to apply for a green card increases July 30 from $395 to $1,010, including a fingerprinting fee.
more...
tikka
07-04 12:06 AM
http://digg.com/politics/USCIS_Visa_scandal 49 DIGS
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who - 72 DIGS
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who - 72 DIGS
vactorboy29
09-23 06:20 PM
All this data was generated for last quarter (End of June ).We may see improved numbers in comming updates due to spill over and current approvals for this quarter.
more...
forever_waiting
01-13 12:21 PM
Few questions for the self proclaimed expert analyst who started this thread -
1) How many lawmakers have you met to represent these provisions you claim to be so passionate about?
2) Have you visited capitol hill and tried to understand what the congress thinks about EB legislation? I did - during the IV advocacy event last year with hundreds of eb2 and eb3 members.
3) How many members here have you actually worked worked with? Because the people I know here who actually do the grass root work with me (both eb2 and eb3) do not care about theb category they belong to.
I know you do not have any real responses...only abuses which you responded with on the other thread.
Its funny how plainspeak is the one usually doling out the abuses but claims to be the victim.
1) How many lawmakers have you met to represent these provisions you claim to be so passionate about?
2) Have you visited capitol hill and tried to understand what the congress thinks about EB legislation? I did - during the IV advocacy event last year with hundreds of eb2 and eb3 members.
3) How many members here have you actually worked worked with? Because the people I know here who actually do the grass root work with me (both eb2 and eb3) do not care about theb category they belong to.
I know you do not have any real responses...only abuses which you responded with on the other thread.
Its funny how plainspeak is the one usually doling out the abuses but claims to be the victim.
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arunmurthy
09-17 03:12 PM
Cousin of my friend got an email that his card production has been ordered.
He falls in EB3I (PD Aug. 2005). I could not believe it but my friend told me that
EB3I would see significant movement in coming months.
Gus Hang on and tighten your seat belts. We will have a wild ride if he is true.
He falls in EB3I (PD Aug. 2005). I could not believe it but my friend told me that
EB3I would see significant movement in coming months.
Gus Hang on and tighten your seat belts. We will have a wild ride if he is true.
more...
Michael chertoff
01-13 05:56 PM
Ahh my friend Ron if you are trying to get me to feel bad with your statement i guess no one cares for u.... then all i can say is Better Luck Next Time
I dont care if anyone cares for me or not peronally or w.r.t. what i have stated in this forum.
If people abuse that is their problem not mine. Sure i wil lfeel bad but it would be feeling bad for them not feel bad :P
If people do not agree with me that is also ok since that is their right
If people do not care for what i am saying that is also ok because the whle idea is that people on thsi forum start thinking about all options (Out of te box solutions)
And seriopusly my friend if my intention was to convert or sway a whole bunch of people (Which i have no Intention of doing) within a day that would not be much of a challenge right ? because nothing comes for free (read that as without effort) in this country. I believe that is one of the slogans of IV. And guys i just borrowed it so dont hit on me saying i am now using IV slogans for myself
Peace ...
My friend ..I care for you.
MC
I dont care if anyone cares for me or not peronally or w.r.t. what i have stated in this forum.
If people abuse that is their problem not mine. Sure i wil lfeel bad but it would be feeling bad for them not feel bad :P
If people do not agree with me that is also ok since that is their right
If people do not care for what i am saying that is also ok because the whle idea is that people on thsi forum start thinking about all options (Out of te box solutions)
And seriopusly my friend if my intention was to convert or sway a whole bunch of people (Which i have no Intention of doing) within a day that would not be much of a challenge right ? because nothing comes for free (read that as without effort) in this country. I believe that is one of the slogans of IV. And guys i just borrowed it so dont hit on me saying i am now using IV slogans for myself
Peace ...
My friend ..I care for you.
MC
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unseenguy
05-29 11:50 AM
Yeah, but your 60k only includes AOS, not CP, right?
There are very very few CP applicants from India.
There are very very few CP applicants from India.
more...
sunnymit
07-30 02:56 PM
What does this means? :confused::eek::cool::rolleyes:
We are all talking about Amway/Quickstar here and the approaches ppl take to get to you.. However, I think your mind is wandering at different levels. hmm.. perhaps your experiences have been different?
We are all talking about Amway/Quickstar here and the approaches ppl take to get to you.. However, I think your mind is wandering at different levels. hmm.. perhaps your experiences have been different?
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snathan
08-17 12:40 PM
It is not about being treated special. First thing - if you do not go through unnecessary inspection "Does not mean it is special treatment" Lets get the slavery mentality out of us.
SRK is a visitor to the country and can vouch for himself and not for everyone sitting in that room.
I am not talking about what SRK is doing. How many time TOI and indian media reported about this. When you were struck at Atlant in 2004 did they report...? no. Did Indian minister condomn that ? no. Why...if the system is absurd...its absurd for everyone or only for SRK?
SRK is a visitor to the country and can vouch for himself and not for everyone sitting in that room.
I am not talking about what SRK is doing. How many time TOI and indian media reported about this. When you were struck at Atlant in 2004 did they report...? no. Did Indian minister condomn that ? no. Why...if the system is absurd...its absurd for everyone or only for SRK?
more...
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cthd
07-30 01:56 AM
Everytime I visit walmart @ mountain view, can find a guy asking direction to nearest Home Depot. Everytime i come across him, he asks me the same question.
I am planning to carry google maps print out next time I go there.
I am planning to carry google maps print out next time I go there.
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fairman
08-17 01:21 PM
Most of the Bollywood movies are junk ( vulgar dances etc.) . As more and more people mature in the north, the market for stars like SRK will dwindle. I request everybody to follow classic Bengali/Mallu movies.
more...
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BMS
07-03 06:47 PM
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smuggymba
01-25 02:52 PM
From the day I came to this country , I have spent around $12,000 on immigration including H1-Bs, filing GC, APs, EADs extra. Not to mention the traveling for visa stamps and whole other shit load of expenses. I guess most of people who paid for filing GC did spent same amount of money.
Hell ya, Some one got to be benefiting from my $12000.
I thought we're not supposed to pay for H1 and GC. Correct me if I'm wrong? I guess we can only pay for the visa appointment fee.
Hell ya, Some one got to be benefiting from my $12000.
I thought we're not supposed to pay for H1 and GC. Correct me if I'm wrong? I guess we can only pay for the visa appointment fee.
more...
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acecupid
08-16 11:29 AM
simply racial profiling.
i dont think SRK is over reacting.. many desis who are accepting that its a way of life suffer from "Slave Mentality".
When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?
To all the jocks who argue "its part of life"..my advise grow some balls and realize one thing.. no matter how long u live here.. no matter whether u have GC or PC...u will always be treated like third class citizens.
In the end its the color.. do you know beta.
for the record.i am no SRK fan.
Mamooty.. who is he?
This is racial profiling no doubt, but for good reason after what happened on 9/11. This is an unfortunate aftermath of 9/11 and IMHO a welcome one. If it wasnt for this kind of security we would have had many more 9/11ish incidents. I am glad this is a "part of life" now, otherwise I am not have a life. When you ask "When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?", that is a big problem with the state of security in India. Not just US diplomat or US socialite even our own Indian ministers and celebrities dont get frisked or detained. You feel that is right when you hear about so many scandals of the underworld-bollywood nexus or politician-mafia nexus ? Forget about the nexus, its not right even if there was no connection with mafia. Rules should apply the same to everyone.
The balls you need to grow should be to ask politicians and celebrities to go through security like everyone else back home in India.
i dont think SRK is over reacting.. many desis who are accepting that its a way of life suffer from "Slave Mentality".
When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?
To all the jocks who argue "its part of life"..my advise grow some balls and realize one thing.. no matter how long u live here.. no matter whether u have GC or PC...u will always be treated like third class citizens.
In the end its the color.. do you know beta.
for the record.i am no SRK fan.
Mamooty.. who is he?
This is racial profiling no doubt, but for good reason after what happened on 9/11. This is an unfortunate aftermath of 9/11 and IMHO a welcome one. If it wasnt for this kind of security we would have had many more 9/11ish incidents. I am glad this is a "part of life" now, otherwise I am not have a life. When you ask "When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?", that is a big problem with the state of security in India. Not just US diplomat or US socialite even our own Indian ministers and celebrities dont get frisked or detained. You feel that is right when you hear about so many scandals of the underworld-bollywood nexus or politician-mafia nexus ? Forget about the nexus, its not right even if there was no connection with mafia. Rules should apply the same to everyone.
The balls you need to grow should be to ask politicians and celebrities to go through security like everyone else back home in India.
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conchshell
07-29 12:52 PM
More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.
I personally feel it all depends on how USCIS is gonna process the cases during August 2008.
When Ron writes about the new EB2 India quota for 2008, he does not mention spill over to EB 2 India from EB1 category. Which is a very important aspect behind the prediction given by optimists like vdlrao and others.
However at the same time, if USCIS does not bring its act together and we end up wasting the visas once again ( it highly unlikely that consular visa posts will assign 20 to 40K visas in next two months ... Are there so many people going with CP route??) the dates for EB2 India will retrogress but certainly not to an extent that they go back to 2003. There will be a mild retrogression and EB2 India date may come back to April 2004. However, later on they will progress further because of new years quota and spillover from EB1.
I personally feel it all depends on how USCIS is gonna process the cases during August 2008.
When Ron writes about the new EB2 India quota for 2008, he does not mention spill over to EB 2 India from EB1 category. Which is a very important aspect behind the prediction given by optimists like vdlrao and others.
However at the same time, if USCIS does not bring its act together and we end up wasting the visas once again ( it highly unlikely that consular visa posts will assign 20 to 40K visas in next two months ... Are there so many people going with CP route??) the dates for EB2 India will retrogress but certainly not to an extent that they go back to 2003. There will be a mild retrogression and EB2 India date may come back to April 2004. However, later on they will progress further because of new years quota and spillover from EB1.
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andy007
07-04 12:42 PM
For my spouse, I've to take care of all the fees for I-485 / I-765 / I-131 / Biometric ( $325 + $180 + $170 + $ 70). For me, I've to take care only I-131 Fees ( $170). The Company Pays the fees only for my I-485 and I-765 and also take care of the Attorney Fees for both of us. They also reimburse the Medical Expenses, if the insurance does not cover the charges, only for Employee/ Primary applicant. For all dependents it is my responsibility.
You are right i did not mention EAD & AP, My Lawyer did not file for it.. so i don't have numbers for these.. sorry .. so Per Person it will be like Avg. > $3000.00 or more..
You are right i did not mention EAD & AP, My Lawyer did not file for it.. so i don't have numbers for these.. sorry .. so Per Person it will be like Avg. > $3000.00 or more..
msp1976
02-20 11:35 AM
Three years later I decided I missed USA (note: Canada isn't much different but I still missed the "system" and the rush of working in the big economy with the biggest companies. I came back and stuck in greencard process now for many years.
My conclusion is that I made a mistake of going back and should have stayed the first time around. Something for everyoen to consider going back to other countries or back home.
I keep thinking about going back and your inputs are valuable in this regard...
But in my case I could think of a few more factors...
1. Back home the economy is sizzling...(Don't know how long that would last)..
2. My friends who chose to stay in India/left for India in 2/3 years have a greater net worth than I have...(through stock market/real estate appreciation..) again do not know how long/whether this would last..
3. I am really at my wit's end as far as work is concerned...The stagnation is killing me...I am in this place for last 7 years....
My conclusion is that I made a mistake of going back and should have stayed the first time around. Something for everyoen to consider going back to other countries or back home.
I keep thinking about going back and your inputs are valuable in this regard...
But in my case I could think of a few more factors...
1. Back home the economy is sizzling...(Don't know how long that would last)..
2. My friends who chose to stay in India/left for India in 2/3 years have a greater net worth than I have...(through stock market/real estate appreciation..) again do not know how long/whether this would last..
3. I am really at my wit's end as far as work is concerned...The stagnation is killing me...I am in this place for last 7 years....
sobyb
05-01 04:04 PM
Hi Keeme,
My post was not about double standards BUT about opposing terrorism, it doesn't matter if its LTTE, KHALISTAN, TALIBAN or any other organisation which terrorises the society. These terrorists outfits should be handled beyond any religious, linguistic or any other consideration.
Regarding support for common man/community, we should oppose any human rights violation against any individual/community, there shouldn't be any double standards BUT at the same time action against terrorist outfits should not be compromised.
My post was not about double standards BUT about opposing terrorism, it doesn't matter if its LTTE, KHALISTAN, TALIBAN or any other organisation which terrorises the society. These terrorists outfits should be handled beyond any religious, linguistic or any other consideration.
Regarding support for common man/community, we should oppose any human rights violation against any individual/community, there shouldn't be any double standards BUT at the same time action against terrorist outfits should not be compromised.