rennieallen
03-05 07:41 PM
My $0.02:
Add this option to the poll as well to get a realistic picture:
I will not buy a house tomorrow (even if I was promised a GC this evening) because we are in a recession and/or the real estate market is spiralling downwards.
Now is *exactly* the right time to buy a house (at least in California). The prices are not spiraling down (they've already hit bottom). The interest rates are low and prices are low.
Add this option to the poll as well to get a realistic picture:
I will not buy a house tomorrow (even if I was promised a GC this evening) because we are in a recession and/or the real estate market is spiralling downwards.
Now is *exactly* the right time to buy a house (at least in California). The prices are not spiraling down (they've already hit bottom). The interest rates are low and prices are low.
wallpaper Fantastic Four #3
hara_patta_for_rico
07-10 08:12 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.
Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....
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.
Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....
diptam
07-05 12:42 PM
Lets stop this thread and core decide about this ( who are running IV )
This is creating lots of discussions and nothing will come out apart from
wastage of our time... I mean we get attracted to a spicy thread like this automatically and the end result is 0
I agree with you 100%. We are so much divided community, lets not create another factor to divide this community further in paid and non-paid members.
Core, if you see this thread is not part of yor agenda, please close this immediately. This is just dividing us further. Plzzzzzzzz.
This is creating lots of discussions and nothing will come out apart from
wastage of our time... I mean we get attracted to a spicy thread like this automatically and the end result is 0
I agree with you 100%. We are so much divided community, lets not create another factor to divide this community further in paid and non-paid members.
Core, if you see this thread is not part of yor agenda, please close this immediately. This is just dividing us further. Plzzzzzzzz.
2011 Fantastic Four Vol 3 #60
rajeev_74
07-05 04:44 PM
Really shameful...we have a thick skin & a weak heart
Update: Thank you everyone who has contributed since July 2 when we announced the drive. Our total contributions from paypal and google are around $2,500 till now (despite having 15 k members). As you can understand this is hardly of any significance for even a small legal effort. A big lawsuit is out of question. Thus IV core will use it for IV activities to further pursue its advocacy efforts. IV encourages its members being a plaintiffs with AILF if they so desire. If you are an IV member and also a plaintiff, you can let us know for any guidance we can provide. IV will be coming up with more direction to its members soon. We will have some plan for everyone and will need participation from everyone. Please stay tuned.
Update: Thank you everyone who has contributed since July 2 when we announced the drive. Our total contributions from paypal and google are around $2,500 till now (despite having 15 k members). As you can understand this is hardly of any significance for even a small legal effort. A big lawsuit is out of question. Thus IV core will use it for IV activities to further pursue its advocacy efforts. IV encourages its members being a plaintiffs with AILF if they so desire. If you are an IV member and also a plaintiff, you can let us know for any guidance we can provide. IV will be coming up with more direction to its members soon. We will have some plan for everyone and will need participation from everyone. Please stay tuned.
more...
guy03062
12-12 04:18 PM
I read news on oh law firm few days back that USCIS is planning to abandon concurrent filing (I140 + I-485). So when USCIS has power to disallow that, then they may have power to allow file I-485 when visa not available. This is just my thought. Anyway it does not hurt to find it out from USCIS officials, rather than asking some lawyer or interpret our own.
Also when we ask lawyer about this, we may not get positive response as they may fear of loosing fees of countless H1B visa transfers.
Also when we ask lawyer about this, we may not get positive response as they may fear of loosing fees of countless H1B visa transfers.
Jaime
09-10 03:34 PM
I have $100 more for anyone who can't attend due to funds! Let's GO guys!!!!!!!!!
more...
alisa
01-28 11:13 AM
Guys......
Lets try to get more people involved, and get them to contribute. Talk to your friends. Convince them that they need to invest in IV now, to get results in the next six weeks to six months.
Updates from core are unnecessary. Either things will happen in Febuary (485 filing) or they won't. We will find out in a few weeks.
Try to increase membership and contributions at this point. The purpose of this thread was to try to estimate and predict visa bulletin times, so we could convince people they were in a bad situation; but we found that to be pretty difficult to do. If you can add to that topic, please feel free to do so. Otherwise, this thread should just be closed.
In the new year, I have not seen any posts expalining how IV is "working" on resolving our issues. All that is posted now is requests for money. I know more money is needed and would be glad to contribute, if only the senior members show that some serious efforts are being made in the background. Yes IV did do very good work last year, but that is history now; but what work is going on now, nobody knows. Don't need details, but even broad details will help. Is something being done for appropriation bills, no one knows or tells.
For example, after the elections no attempts virtually no attempts have been done to do webfax campaign tragetted towards pro-immigration inclined politicians. No lists have been made of such politicians. Just by waking up few days before the bills are discussed is not going to help.
Lets try to get more people involved, and get them to contribute. Talk to your friends. Convince them that they need to invest in IV now, to get results in the next six weeks to six months.
Updates from core are unnecessary. Either things will happen in Febuary (485 filing) or they won't. We will find out in a few weeks.
Try to increase membership and contributions at this point. The purpose of this thread was to try to estimate and predict visa bulletin times, so we could convince people they were in a bad situation; but we found that to be pretty difficult to do. If you can add to that topic, please feel free to do so. Otherwise, this thread should just be closed.
In the new year, I have not seen any posts expalining how IV is "working" on resolving our issues. All that is posted now is requests for money. I know more money is needed and would be glad to contribute, if only the senior members show that some serious efforts are being made in the background. Yes IV did do very good work last year, but that is history now; but what work is going on now, nobody knows. Don't need details, but even broad details will help. Is something being done for appropriation bills, no one knows or tells.
For example, after the elections no attempts virtually no attempts have been done to do webfax campaign tragetted towards pro-immigration inclined politicians. No lists have been made of such politicians. Just by waking up few days before the bills are discussed is not going to help.
2010 Fantastic Four #3 Group:
nashim
01-13 02:59 PM
can you please share your views and experiences of Symphony Corp (www.symphony.cc)
more...
dummgelauft
08-21 08:31 PM
Thank you to those of you who were kind enough to respond with helpful information and some understanding for my situation. I do appreciate that much.
And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.
1) Nobody is accusing of you being illegal. YOU ARE ILLEGAL
2) You have come to a public forum, seeking advice. That is exactly what you are getting. Go hire an attorney, but given your case (considerig that you have one!!) nobody will touch it.
(3) Everybody here has had their bio-metrics cleared, several time over. None of the people on this forum are criminals, but they have paid thousands of dollars in legal fees and still have not got their I-485 approved, so what do expect?
(4) USCIS has massive case backlog, so if you expected them to inform you of everything, at every step of the way, I am sorry, but please come out of your La La land.
(5) USICS knows where you live..hahah..you bet. Just wait for that know on the door. By the way, they WILL handcuff you and put you in the back of a police car.
(6) Bottomline, USICS follows the law (however bad or insane that law may be). According to law, you are here illegally and will be deported, sooner rather than later. If you are up for this, keep dreaming, else, get your stuff together and get your derierre back to Canada.
And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.
1) Nobody is accusing of you being illegal. YOU ARE ILLEGAL
2) You have come to a public forum, seeking advice. That is exactly what you are getting. Go hire an attorney, but given your case (considerig that you have one!!) nobody will touch it.
(3) Everybody here has had their bio-metrics cleared, several time over. None of the people on this forum are criminals, but they have paid thousands of dollars in legal fees and still have not got their I-485 approved, so what do expect?
(4) USCIS has massive case backlog, so if you expected them to inform you of everything, at every step of the way, I am sorry, but please come out of your La La land.
(5) USICS knows where you live..hahah..you bet. Just wait for that know on the door. By the way, they WILL handcuff you and put you in the back of a police car.
(6) Bottomline, USICS follows the law (however bad or insane that law may be). According to law, you are here illegally and will be deported, sooner rather than later. If you are up for this, keep dreaming, else, get your stuff together and get your derierre back to Canada.
hair Fantastic Four Cheats, Codes,
retrohatao
02-03 09:40 AM
I have not heard from any of the moderators/forum organizers on this. Does that mean immigrationvoice is NOT FOR "name check" affected immigrants?
more...
yabadaba
07-28 12:44 PM
chantu..people like you are the cause of all the problems in the world. go take your brainwashed rss branded version of hinduism and get out of here...our faith, our belief and our core values are way too strong for losers like yourself whose "picture" will always be on the toilet seat even if its not there. forget on the toilet seat.. its in the toilet bowl
hot Dark Reign: Fantastic Four #3
mallu
02-22 07:17 PM
Following advice of 'Googler' i skimmed through the USCIS OMbud's report. So USCIS is not able to accurately 'count' the cases because old cases at local offices are not accounted in system (?) . Otherwise it would have been a quick data base query to obtain whatever statistics.
And i was interested in knowing how many India EB2 pending till Oct.2002 ;-)
And i was interested in knowing how many India EB2 pending till Oct.2002 ;-)
more...
house Fantastic Four, Vol. 3 by Mark
perm2gc
01-18 03:39 PM
http://groups.google.com/group/usaimmigration/browse_thread/thread/7be520c4b9c1cab5?hl=en
http://groups.google.com/group/alt.visa.us/topics?lnk=gschg&hl=en&
http://groups.google.com/group/misc.immigration.usa/topics?lnk=gschg&hl=en&
http://groups.google.com/group/alt.visa.us/topics?lnk=gschg&hl=en&
http://groups.google.com/group/misc.immigration.usa/topics?lnk=gschg&hl=en&
tattoo FANTASTIC FOUR MOVIE ACTION
onemorecame
10-07 02:12 PM
My packet delivered to mailroom today morning at 9:07 by UPS. And just now at 2:48 got page and checked online status and its says they issued RFE again?
�On October 7, 2010, we mailed a notice requesting additional evidence or information in this case�
Not sure whether it�s their system glitch or it�s my luck... :confused:
Is it happen to anyone else or it�s me?
�On October 7, 2010, we mailed a notice requesting additional evidence or information in this case�
Not sure whether it�s their system glitch or it�s my luck... :confused:
Is it happen to anyone else or it�s me?
more...
pictures Fantastic Four - 3
nixstor
10-16 05:30 PM
Don't you think we should be more clear in requesting information per specific country instead of lumping China and India together for EB-2 and others for EB-3? Also will it be too much to request pending applications by month/quarter instead of year?
We probably want the report in this format? This is just a suggestion.
This is what is in the letter.
>>>> I request you to provide me with the number of pending employment based AOS applications, (excluding approved/denied) sorted by priority date from 2001 on a yearly basis broken down for each of the following country and category. (Not the combined total of pending EB AOS applications altogether) <<<<
I clearly mentioned each of the following country and category. To make sure, I also mentioned that we do not need combined total of pending AOS applications. If the request is ambiguous or means different things to different people,please let us know and we can make needed modifications asap. Are you recommending to hand out a blank tabular format .to USCIS FOIA?
As far as the year vs quarter thing is concerned, we felt that its best to get some thing out of this rather than tossed around. Most of the data from 2005/post perm can be found on the flcdatacenter and we can sort these ourselves. This leaves with pre perm applications and I believe DOS will have a better handle in moving the PD's a lot better in the last Q, if they have a handle on the number of applications by year. I agree that if info available on a monthly/quarterly basis, it would be even better. But I feel that we will get tossed around
We probably want the report in this format? This is just a suggestion.
This is what is in the letter.
>>>> I request you to provide me with the number of pending employment based AOS applications, (excluding approved/denied) sorted by priority date from 2001 on a yearly basis broken down for each of the following country and category. (Not the combined total of pending EB AOS applications altogether) <<<<
I clearly mentioned each of the following country and category. To make sure, I also mentioned that we do not need combined total of pending AOS applications. If the request is ambiguous or means different things to different people,please let us know and we can make needed modifications asap. Are you recommending to hand out a blank tabular format .to USCIS FOIA?
As far as the year vs quarter thing is concerned, we felt that its best to get some thing out of this rather than tossed around. Most of the data from 2005/post perm can be found on the flcdatacenter and we can sort these ourselves. This leaves with pre perm applications and I believe DOS will have a better handle in moving the PD's a lot better in the last Q, if they have a handle on the number of applications by year. I agree that if info available on a monthly/quarterly basis, it would be even better. But I feel that we will get tossed around
dresses Fox Plans Fantastic Four 3
webm
03-17 01:14 PM
Category: EB3 India
PD: Oct 2001
140 AD:Sep,2005
485 RD:06/25/2007
PD: Oct 2001
140 AD:Sep,2005
485 RD:06/25/2007
more...
makeup Fantastic Four Vol 3 #22
neoneo
09-26 09:31 PM
---
Hi,
Thanks for your feedback:
"I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards."
Your comment doesn't make sense to me. Please explain.
The point to be made is simple. Over last few months IV members, as an organization, with all it's diverse members and even more diverse immigration problems, in general have moved towards having an opinion and pushing an agenda in a direction which may affect H1-B, F1 visas and not directly EB Green cards.
It would be more prudent if the message sent across is simple-- rather than use the term generic term of legal immigrants - it should focus towards EB-Green cards, coz very few (other than the stuck )understand that H1-B is non-immigrant visa and try to club the whole GC + H1B issue together.
From CNN's point of view (and the whole world) the Legal immigrants are GC, H1, F1, B1, L1, etc .. the onus is on IV to clear that IV stands for EB based GCs. period. Use the term "Immigrant" wisely and sparsely.
Hi,
Thanks for your feedback:
"I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards."
Your comment doesn't make sense to me. Please explain.
The point to be made is simple. Over last few months IV members, as an organization, with all it's diverse members and even more diverse immigration problems, in general have moved towards having an opinion and pushing an agenda in a direction which may affect H1-B, F1 visas and not directly EB Green cards.
It would be more prudent if the message sent across is simple-- rather than use the term generic term of legal immigrants - it should focus towards EB-Green cards, coz very few (other than the stuck )understand that H1-B is non-immigrant visa and try to club the whole GC + H1B issue together.
From CNN's point of view (and the whole world) the Legal immigrants are GC, H1, F1, B1, L1, etc .. the onus is on IV to clear that IV stands for EB based GCs. period. Use the term "Immigrant" wisely and sparsely.
girlfriend from Fantastic Four #3.
tonyHK12
02-17 09:57 AM
Newsletters - will help reach out to wider public. The desi groceries, movie distributors, restaurants send emails and coupons, toysrus, best buy , etc... send emails, coupons, so many organizations do it and I think IV must do it to.
This is a nice idea, maybe bi-weekly or monthly. No one has an advocacy oriented one and we can take the lead in this. As usual I agree to volunteer for this one. We can get inputs from core/Senior members and the ones meeting law makers.
This is a nice idea, maybe bi-weekly or monthly. No one has an advocacy oriented one and we can take the lead in this. As usual I agree to volunteer for this one. We can get inputs from core/Senior members and the ones meeting law makers.
hairstyles Fantastic Four 3 (ainda sem
3d Nirvana
02-27 09:39 PM
nice BLUE! That was exactly the site I was looking for. :)
gk_2000
08-10 01:48 PM
I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
Administrator2
06-10 04:20 PM
Please send message to your Senator to oppose this amendment. Here is the link to send the message.
Action Alert: Vote NO Sanders amendment S.A. 4319 to pass H.R.4213. (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1598151-action-alert-vote-no-sanders-amendment-s-a-4319-to-pass-h-r-4213-a.html)
Action Alert: Vote NO Sanders amendment S.A. 4319 to pass H.R.4213. (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1598151-action-alert-vote-no-sanders-amendment-s-a-4319-to-pass-h-r-4213-a.html)