ARUNRAMANATHAN
05-28 09:03 AM
http://www.washingtonpost.com/wp-dyn/content/article/2007/05/27/AR2007052701118.html?hpid=topnews&sub=AR
Quite the same text in WP ...MSNBC has used WP text.
Quite the same text in WP ...MSNBC has used WP text.
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pappu
01-14 02:58 PM
Here are a **few equations that make it easier to understand. :) :)
VB = W + A + H + O <--- 2008 Dem vote bank.
(W: Whites, A: African American, H: Hispanics, O: Others. )
VB1 = (W - ΔW1) + (A) + (H + ΔH1) + (O) <-- pro-illegal policies
So Δ(vb1-vb) = ΔH1 - ΔW1 (it may give them some additional votes.)
VB2 = (W - ΔW2) + (A) + (H - ΔH2) + (O) <-- pro-legal policies
and Δ(vb2-vb) = - ΔH2 - ΔW2 (significant loss of white and Hispanic votes )
Based on this - Dems can't afford to be seen as Pro-legal.
** These equations are described as "Great breakthrough in computational politics" - by rb_248. :) :)
I ran these through my program but it is returning NULL.
I guess each object needs to have a voting property or Lobby class attached to it. Without that you will only get Null values in return.
VB = W + A + H + O <--- 2008 Dem vote bank.
(W: Whites, A: African American, H: Hispanics, O: Others. )
VB1 = (W - ΔW1) + (A) + (H + ΔH1) + (O) <-- pro-illegal policies
So Δ(vb1-vb) = ΔH1 - ΔW1 (it may give them some additional votes.)
VB2 = (W - ΔW2) + (A) + (H - ΔH2) + (O) <-- pro-legal policies
and Δ(vb2-vb) = - ΔH2 - ΔW2 (significant loss of white and Hispanic votes )
Based on this - Dems can't afford to be seen as Pro-legal.
** These equations are described as "Great breakthrough in computational politics" - by rb_248. :) :)
I ran these through my program but it is returning NULL.
I guess each object needs to have a voting property or Lobby class attached to it. Without that you will only get Null values in return.
smisachu
10-05 04:22 PM
They are also called, as we were informed in the DC rally as the "NNP"...
No nothing party...lol
Good Joke :)
GOP = Grand Old Party (Republican party)
Although historically Democratic party is much older to RP
No nothing party...lol
Good Joke :)
GOP = Grand Old Party (Republican party)
Although historically Democratic party is much older to RP
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BECsufferer
03-17 12:44 PM
I have questions for you before I tell you the correct answer.
- Please update your profile so that you are taken seriously.
- What did you shoplift and why?
Now my incorrect answer for the time being: Go to India and do shoplifting. You will get instant punishment. No court hassles etc. Get beaten up , cough up money to the cops and then come back. Your experience in India and USA will help you learn more. I feel the punishments in US are not harsh enough. If you have a bad habit of shoplifting and you used to do it in India then ignore the answer above and check into a rehab and request them to have you share a room with Winona Ryder.You both have something in common and you will be able to relate to each other very well.
My friend you have hit upon a very good idea. For compulsive shoplifters a similar incidence would be more than enough to rehab them for rest of the life. May I add to your recommended treatment, that the shopkeeper is still going to charge you although you may no more be in state to handle the purchase.
- Please update your profile so that you are taken seriously.
- What did you shoplift and why?
Now my incorrect answer for the time being: Go to India and do shoplifting. You will get instant punishment. No court hassles etc. Get beaten up , cough up money to the cops and then come back. Your experience in India and USA will help you learn more. I feel the punishments in US are not harsh enough. If you have a bad habit of shoplifting and you used to do it in India then ignore the answer above and check into a rehab and request them to have you share a room with Winona Ryder.You both have something in common and you will be able to relate to each other very well.
My friend you have hit upon a very good idea. For compulsive shoplifters a similar incidence would be more than enough to rehab them for rest of the life. May I add to your recommended treatment, that the shopkeeper is still going to charge you although you may no more be in state to handle the purchase.
more...
ronhira
06-03 10:33 AM
btw, how this is relevant on this forum..... becoz this is not a news forum..... here is the answer......
6 out of 13 finalist on this prestigious competition are all kids of (high skilled) immigrants from india, who came here on h1 or similar visas and are now on gc or their parents are still waiting for gc......
this is very important to show the value and positive influence high skilled immigrants bring in to the society they live in..... this is a positive externality of high skilled immigrants like us..... & adds one point in our camp...... simple eb3/eb2 tracking won't cut it if that is all u understand from immigration forum....
6 out of 13 finalist on this prestigious competition are all kids of (high skilled) immigrants from india, who came here on h1 or similar visas and are now on gc or their parents are still waiting for gc......
this is very important to show the value and positive influence high skilled immigrants bring in to the society they live in..... this is a positive externality of high skilled immigrants like us..... & adds one point in our camp...... simple eb3/eb2 tracking won't cut it if that is all u understand from immigration forum....
jessie1981
06-18 02:57 PM
Simple answer is NO. The local offices do not have this authority. Just have to wait for the USCIS wheels to move along at their own pace before you can travel.
This is not correct. If one can prove that his/her family member is dying or just died, he/she can get an AP from local office immediately.
This is not correct. If one can prove that his/her family member is dying or just died, he/she can get an AP from local office immediately.
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jonty_11
10-11 01:54 PM
Sent above to - letters@economist.com and
also to submit_help@aaas.org
also to submit_help@aaas.org
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FinalGC
02-28 04:03 PM
This article was written by IV sometime back. I think this is an excellent article, iIf you have it good, please ignore this posting....
Dude, where's my green card?
By Salil Pradhan
While a fierce battle is raging over immigration reform for unskilled and undocumented workers, we the high-skilled, legal immigrants are struggling for employment-based permanent residency. The wait, intended by Congress to be one year or less, can now be up to 10 years in certain categories.
I am a high-skilled, educated, legal, tax-paying resident of Stillwater, having dual master's degrees from Oklahoma State University. My wife obtained a Ph.D. from OSU and works there as a post-doctoral research scientist. After filing a plethora of immigration forms, paying exorbitant fees and waiting almost 5 years, our permanent residency application process is still in a state of limbo with no end in sight. In the absence of permanent residency and the associated uncertainty, we have missed several opportunities of economic investment and scientific research.
People presume that since we are highly qualified and legal residents, it would be a matter of one to two years to obtain permanent residency. On the contrary, I, my wife and thousands of highly skilled, highly educated legal immigrant members of Immigration Voice ( www.immigrationvoice.org) are stuck in a bureaucratic mess that has shattered our American dreams, stagnated our careers and prevented us from realizing our true potential.
The U.S. employment-based green card process is in need of a major overhaul. Hundreds of thousands of applicants have been stuck in the three-stage green card process � some since 1999. These highly skilled workers take up jobs for which qualified American citizens cannot be found. Though it's hard to imagine that a qualified American worker cannot be found for some high skilled jobs, there are several explanations for this disconnect.
More than 50 percent of American graduate degrees in science and engineering go to foreign students, a majority of whom continue to stay in the United States and work on H1-B visas. A shortage of American graduate students translates to a shortage of American workers in skilled positions such as chip design, materials science, microbiology or nursing. Also, qualified Americans may be unwilling to relocate to a particular location. This is especially true for physicians working in under-served areas.
Many misconceptions about H1-B visa holders have been propagated by largely anti-immigrant lobbies the most prominent being that they take away American jobs and are low-wage workers. The truth is that an H1-B visa holder can only be hired if a similarly qualified American citizen cannot be found. Also, the minimum H1-B wage, determined by the Department of Labor, cannot be less than that offered to an American worker in a similar job.
Another myth is that H1-B workers don't pay taxes. Be assured that all H1-B workers pay taxes equal to what American citizens pay, including Social Security and Medicare taxes.
If Congress passes S. 2691 and H.R. 5744, which Sen. John Cornyn, R-Texas, and Rep. John Shadegg, R-Ariz., have respectively introduced, America would undoubtedly become more competitive by ensuring availability of adequate high-skilled immigrants and by eliminating some of the red tape that plagues our legal immigration system.
Pradhan is a member of Immigration Voice.
Dude, where's my green card?
By Salil Pradhan
While a fierce battle is raging over immigration reform for unskilled and undocumented workers, we the high-skilled, legal immigrants are struggling for employment-based permanent residency. The wait, intended by Congress to be one year or less, can now be up to 10 years in certain categories.
I am a high-skilled, educated, legal, tax-paying resident of Stillwater, having dual master's degrees from Oklahoma State University. My wife obtained a Ph.D. from OSU and works there as a post-doctoral research scientist. After filing a plethora of immigration forms, paying exorbitant fees and waiting almost 5 years, our permanent residency application process is still in a state of limbo with no end in sight. In the absence of permanent residency and the associated uncertainty, we have missed several opportunities of economic investment and scientific research.
People presume that since we are highly qualified and legal residents, it would be a matter of one to two years to obtain permanent residency. On the contrary, I, my wife and thousands of highly skilled, highly educated legal immigrant members of Immigration Voice ( www.immigrationvoice.org) are stuck in a bureaucratic mess that has shattered our American dreams, stagnated our careers and prevented us from realizing our true potential.
The U.S. employment-based green card process is in need of a major overhaul. Hundreds of thousands of applicants have been stuck in the three-stage green card process � some since 1999. These highly skilled workers take up jobs for which qualified American citizens cannot be found. Though it's hard to imagine that a qualified American worker cannot be found for some high skilled jobs, there are several explanations for this disconnect.
More than 50 percent of American graduate degrees in science and engineering go to foreign students, a majority of whom continue to stay in the United States and work on H1-B visas. A shortage of American graduate students translates to a shortage of American workers in skilled positions such as chip design, materials science, microbiology or nursing. Also, qualified Americans may be unwilling to relocate to a particular location. This is especially true for physicians working in under-served areas.
Many misconceptions about H1-B visa holders have been propagated by largely anti-immigrant lobbies the most prominent being that they take away American jobs and are low-wage workers. The truth is that an H1-B visa holder can only be hired if a similarly qualified American citizen cannot be found. Also, the minimum H1-B wage, determined by the Department of Labor, cannot be less than that offered to an American worker in a similar job.
Another myth is that H1-B workers don't pay taxes. Be assured that all H1-B workers pay taxes equal to what American citizens pay, including Social Security and Medicare taxes.
If Congress passes S. 2691 and H.R. 5744, which Sen. John Cornyn, R-Texas, and Rep. John Shadegg, R-Ariz., have respectively introduced, America would undoubtedly become more competitive by ensuring availability of adequate high-skilled immigrants and by eliminating some of the red tape that plagues our legal immigration system.
Pradhan is a member of Immigration Voice.
more...
chanduv23
04-08 02:11 PM
Gandhi was in S Africa for how many years before he returned to India? If he hadn't been humiliated in S Africa and didn't decide to perform Satyagraha-who knows what shape our freedom movement might have taken?S Africa made Mohandas a "Gandhi"
Maybe, we all need to go to our home countries-and free them from "beloved politicians":-)
Gandhi was never an immigrant and was in SA for solving a legal case on a temporary contract. He was always wanting to go back to India but because of the conditions of Indians, he was urged to stay back and help them, he actually went back in between and again came back to SA for a more organized effort.
The situation now is different. The Durbin Grassely bill lobbyists are basically doing what has been happening in UK where local population do not want Asian immigrants taking high paying challenging jobs in their own soil. They don't seem to care if these jobs go away because the effect will be long term and as such it is a known fact that in these days, we seldom see the immigrant community having a good cooperation, every immigrant feels that one less immigrant, it is good for him.
This has been happening in every country where highly skilled migrants take job positions in countries like Aus, NZ, UK, Germany etc..
The US system is harder to crack for anti immigrants than these countries. So they follow this slow bleed approach. On the long run their objectives will be met though it would force out high skilled jobs abroad.
One good thing is that developing nations must capitulate on this and make their labor laws good and also copyright laws and patent laws so that innovation and products are developed in developing nations and so called developed nations will bleed technology and innovation.
Maybe, we all need to go to our home countries-and free them from "beloved politicians":-)
Gandhi was never an immigrant and was in SA for solving a legal case on a temporary contract. He was always wanting to go back to India but because of the conditions of Indians, he was urged to stay back and help them, he actually went back in between and again came back to SA for a more organized effort.
The situation now is different. The Durbin Grassely bill lobbyists are basically doing what has been happening in UK where local population do not want Asian immigrants taking high paying challenging jobs in their own soil. They don't seem to care if these jobs go away because the effect will be long term and as such it is a known fact that in these days, we seldom see the immigrant community having a good cooperation, every immigrant feels that one less immigrant, it is good for him.
This has been happening in every country where highly skilled migrants take job positions in countries like Aus, NZ, UK, Germany etc..
The US system is harder to crack for anti immigrants than these countries. So they follow this slow bleed approach. On the long run their objectives will be met though it would force out high skilled jobs abroad.
One good thing is that developing nations must capitulate on this and make their labor laws good and also copyright laws and patent laws so that innovation and products are developed in developing nations and so called developed nations will bleed technology and innovation.
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Berkeleybee
04-26 07:33 PM
http://www.steinreport.com/archives/009150.html
Unfortunately that report just shows that we are now on the radar of FAIR, a a very aggressive anti-immigrant group. Google to learn more about FAIR.
Did you read the title and the comment?
Of course, this is not surprising, that anti-immigrants are furious to discover that we have anything to do with Congress.
Unfortunately that report just shows that we are now on the radar of FAIR, a a very aggressive anti-immigrant group. Google to learn more about FAIR.
Did you read the title and the comment?
Of course, this is not surprising, that anti-immigrants are furious to discover that we have anything to do with Congress.
more...
sachuin23
04-19 03:03 PM
Background on the President's Meeting with Senior Administration Officials and Stakeholders on Immigration | The White House (http://www.whitehouse.gov/the-press-office/2011/04/19/background-presidents-meeting-senior-administration-officials-and-stakeh)
Strengthen economic competiveness by creating a legal immigration system that meets our diverse needs: Our immigration laws should encourage high-skilled individuals we train in our world-class institutions of higher education to stay in the United States and create jobs, stop punishing innocent young people for their parents� actions by denying children the chance to earn an education or join the military so they can earn higher wages and generate more tax revenues, provide farmers a legal way to hire the workers they rely on, and should respect families following the rules.
Strengthen economic competiveness by creating a legal immigration system that meets our diverse needs: Our immigration laws should encourage high-skilled individuals we train in our world-class institutions of higher education to stay in the United States and create jobs, stop punishing innocent young people for their parents� actions by denying children the chance to earn an education or join the military so they can earn higher wages and generate more tax revenues, provide farmers a legal way to hire the workers they rely on, and should respect families following the rules.
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jungalee43
04-26 08:05 AM
Big big thanks and congratulations to core team. This is courageuos & selfless work or may I say 'Nishkam Karmayoga'.
My second contribution of $100 is on its way.
My second contribution of $100 is on its way.
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ksam75
07-20 11:30 PM
EB3. FedEx delivered on July2nd at 10:30AM.
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haifromsk@yahoo.com
05-08 11:02 PM
Best way to get more immigrants to participate in advocacy efforts by immigrationvoice.org for legal immigration is by communicating to international student organizations of various universities around virginia, maryland, washingtondc,west virginia north and south carolina. Arranging busses for the students is not a bad idea. Students once convinced why they need change in current immigration reforms for employment base legal immigrants will participate in huge numbers to attend the advocacy efforts done by immigrationvoice.org as they have more time in hand
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aperregatturv
09-22 07:01 PM
Another problem i see here....
this ROY BECK is CEO & Founder of NumbersUSA is doing a backdoor calls directly to Harry Reid to kill this and other bills ....
Check his Today's Blog
Link (http://www.numbersusa.com/content/nusablog/beckr/september-22-2008/e-verify-will-die-if-congress-doesnt-act.html)
Senate Majority Leader Harry Reid (D-Nev.) has two honorable choices:
* No. 1: Go around Sen.Menendez who has a "hold" on H.R. 6633, the "clean" E-Verify re-authorization bill passed by the House. Sen. Reid can bring this back-room filibuster to the Senate floor for a vote. If he does this, there easily will be the 60 votes necessary to stop Menendez and allow an overwhelming majority vote to pass H.R. 6633. (Reid reportedly doesn't want to do this because he doesn't want to force some of his Democrats to have to go on record just before the election.)
* No. 2: Avoid a vote altogether by talking to Menendez privately, persuading him that what he is doing is threatening the reputation of the Democratic Party just before elections and get him to withdraw his "hold" on H.R. 6633. (This way, Reid could then bring H.R. 6633 to the floor in the "hot-wire" fashion which will pass by voice vote.)
Either way, the American worker and public wins. It is all about Reid doing one of those two things.
This is why we want you to put particular pressure on Democratic Senators to put an end to Menendez' shameful grandstanding. Fortunately, Senate Republicans are standing firm against Menendez.
The weakest and most vulnerable American workers -- and non-workers -- will benefit the most from your willingness to step forward and take action this week.
SEN. MENENDEZ' E-VERIFY BLACKMAIL DEAL
After we told you that some Republican Senate staffers were working with Sen. Menendez (D-N.J.) for massive increases in foreign workers, you hammered Republican offices for not holding the line for a "clean" E-Verify bill.
Your efforts really worked. By the end of this last week, Republican Senate staffs were going into negotiations with Democrats and making it clear they were united in oppositiion to a foreign-worker surge at this time of 5-year-high unemployment and financial industry collapse.
Sen. Menendez apparently is not bothered by the 5-year-high official unemployment rate -- or even by the 292,000 additional American workers who went on unemployment in August alone. He is insisting that if we keep E-Verify, then we have to add another 550,000 foreign workers next year to the 1.1 million immigrants already scheduled to come.
(AS A REMINDER: E-Verify is the central tool for taking away the job magnet from illegal immigration. The U.S. Chamber of Commerce wants to kill it so outlaw businesses will have more freedom to hire illegal workers. E-Verify is the on-line system that businesses can type into for each new hire and find out if they are an illegal alien.
(If you live in Arizona, Oklahoma, Georgia -- or any other of the places that have started mandating that businesses use E-Verify -- your efforts to combat illegal immigration will be halted. )
this ROY BECK is CEO & Founder of NumbersUSA is doing a backdoor calls directly to Harry Reid to kill this and other bills ....
Check his Today's Blog
Link (http://www.numbersusa.com/content/nusablog/beckr/september-22-2008/e-verify-will-die-if-congress-doesnt-act.html)
Senate Majority Leader Harry Reid (D-Nev.) has two honorable choices:
* No. 1: Go around Sen.Menendez who has a "hold" on H.R. 6633, the "clean" E-Verify re-authorization bill passed by the House. Sen. Reid can bring this back-room filibuster to the Senate floor for a vote. If he does this, there easily will be the 60 votes necessary to stop Menendez and allow an overwhelming majority vote to pass H.R. 6633. (Reid reportedly doesn't want to do this because he doesn't want to force some of his Democrats to have to go on record just before the election.)
* No. 2: Avoid a vote altogether by talking to Menendez privately, persuading him that what he is doing is threatening the reputation of the Democratic Party just before elections and get him to withdraw his "hold" on H.R. 6633. (This way, Reid could then bring H.R. 6633 to the floor in the "hot-wire" fashion which will pass by voice vote.)
Either way, the American worker and public wins. It is all about Reid doing one of those two things.
This is why we want you to put particular pressure on Democratic Senators to put an end to Menendez' shameful grandstanding. Fortunately, Senate Republicans are standing firm against Menendez.
The weakest and most vulnerable American workers -- and non-workers -- will benefit the most from your willingness to step forward and take action this week.
SEN. MENENDEZ' E-VERIFY BLACKMAIL DEAL
After we told you that some Republican Senate staffers were working with Sen. Menendez (D-N.J.) for massive increases in foreign workers, you hammered Republican offices for not holding the line for a "clean" E-Verify bill.
Your efforts really worked. By the end of this last week, Republican Senate staffs were going into negotiations with Democrats and making it clear they were united in oppositiion to a foreign-worker surge at this time of 5-year-high unemployment and financial industry collapse.
Sen. Menendez apparently is not bothered by the 5-year-high official unemployment rate -- or even by the 292,000 additional American workers who went on unemployment in August alone. He is insisting that if we keep E-Verify, then we have to add another 550,000 foreign workers next year to the 1.1 million immigrants already scheduled to come.
(AS A REMINDER: E-Verify is the central tool for taking away the job magnet from illegal immigration. The U.S. Chamber of Commerce wants to kill it so outlaw businesses will have more freedom to hire illegal workers. E-Verify is the on-line system that businesses can type into for each new hire and find out if they are an illegal alien.
(If you live in Arizona, Oklahoma, Georgia -- or any other of the places that have started mandating that businesses use E-Verify -- your efforts to combat illegal immigration will be halted. )
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unitednations
04-20 11:56 AM
My advice to most people who do not perfectly fit into eb2 is to do the eb3 petition first (which is guaranteed to be approved). Get your place in line for the greencard.
If it is taking too long then you can try an eb2 later; if it gets approved then you will get the old priority date. If it doesn't; well you can say you tried but you didn't lost your place in line for the greencard because you still have the old eb3 in place.
However, if your cases is not clear for eb2 and you try this first and it gets denied then you will lose valuable time in line for the greencard because you have to start from the beginning.
Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).
However, this isn't the same criteria DOL uses. They will state that if a person doesn't have a degree then you are willing to accept 12 years of experience which is excessive and they deny the labor (before they were giving hard time to eb2 but not it is eb3 that they are after). So now we have an issue that DOL criteria is different then uscis critera. You use dol criteria, labor gets approved but 140 gets denied. Use uscis criteria and labor gets denied. Now, everyone has to adjust and file eb3 labors as skilled workers and only require two years of experience (it's getting more and more messy)
If it is taking too long then you can try an eb2 later; if it gets approved then you will get the old priority date. If it doesn't; well you can say you tried but you didn't lost your place in line for the greencard because you still have the old eb3 in place.
However, if your cases is not clear for eb2 and you try this first and it gets denied then you will lose valuable time in line for the greencard because you have to start from the beginning.
Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).
However, this isn't the same criteria DOL uses. They will state that if a person doesn't have a degree then you are willing to accept 12 years of experience which is excessive and they deny the labor (before they were giving hard time to eb2 but not it is eb3 that they are after). So now we have an issue that DOL criteria is different then uscis critera. You use dol criteria, labor gets approved but 140 gets denied. Use uscis criteria and labor gets denied. Now, everyone has to adjust and file eb3 labors as skilled workers and only require two years of experience (it's getting more and more messy)
more...
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BharatPremi
07-06 11:26 AM
Guys,
Here are my thoughts:
---------------------
There are Four group of people (Became current with July bulletin) who are affected and suffered.
1) The people whose applications reached to USCIS before 10:00 AM
07/02/07, i.e. before USCIS's new revision/update.
Note: Legally this group is the SAFEST one as their file reached to the
USCIS table on time while USCIS's first bulletin was in effect. Their
case is strong as far as "Law and Justice" is concerned.
2) The people whose applications reached on 07/02/07 but after USCIS's
declaration of new revision.
Note: This group can be fit in a category "Who did not receive ample
notice from USCIS for its intention to change the bulletin. And so
may be considered "Probable beneficiaries" by the judiciary
3) The people whose applications reached or will reach to USCIS from any
time between 12:00 AM 07/03/07 to 11:59 PM 07/31/07.
Note: This group will have a "Strongest" weak argument and case. Their
act of sending files perhaps may not be considered "Law-abiding" as
they have already received ample notice from USCIS and clear
statement of USCIS about "Rejecting applications upon receiving"
then also this group sent the applications.
4) The People who will not send applications at all with respect to the
USCIS's revision.
Note: In my oinion and mostly I believe in Judiciary's opinion thsi group will
be considered "Law-abiding" and who acted as per USCIS's
instruction within the periphery of respecting legal authority.
Now other points to be noted are as under:
-----------------------------------------
DOS and USCIS screwed up? Yes... Did not happen ever and now it happened , yes.. People suffered stress..expenses.. yes. Now what is stressed on is one time bulletin per month is a tradition and it is a long time tradition but probably DOS has a power to change that... It seems that there is no such law that DOS can not do that so there exactly Lawsuite filer may have a weak case. Now USCIS is supposed to follow DOS and make bulletin as per DOS's guideline and that is what USCIS did so where is the "Law-Breaking" ? USCIS acted perfectly in legal manner. Probably if Lawsuite filer decide to file the lawsuite on the basis of "Why the helll USCIS declared "All Current" at the first place" then there they have a chance to make a case strong but if they go another route like "Why USCIS revised the bulletin" then I personally do not see "much worth".
Now having said this, to me it looks like whether you file till in July or not OR whether you become plantiff or not, it should not matter. AILF and/or any other organization ethically and perhaps legally can not define "Class" narrowly to the limited group of people. If real justice is prevalent in this country judiciary should not allow any entity to define "Class" narrowly. To me "ALL affected" is the "Class" and if judiciary is considering it as a "class action" then it should consider "All affected" as a class. Now US justice system would go this way, I do not know but if it is not going that way then I would consider that as abig black loop hole in justice system itself. My guess is that if AILF would go defining "Class" narrowly, there will be some mechanism by which individually or with group you should be able to challenge that legally as well.
Now Judiciary, in my opinion may not take stand that ok this is a "Class lawsuite" and now Mr.X has become the plantiff so he would only be the beneficary if lawsuite is won. Either ALL affected should be considered for whatever the benefits come out or everybody looses it. Same argument goes for people who are not filing. By not filing they are obeying the legal instruction of government department of USA and for that they should not be punished and can not be punished by not granting any benefit to them whereas granting the benefits to the people who clearly challenged USCIS's revision by filing from 07/03 and onwards....
If USCIS is smart, it should accept all files now and create the process to have them rotted in the queue for years and that way it will be able to save its own face and limit on visa numbers will automatically send whole bunch of files for eating the dust for years.
I personally see our strong point only at have reimbursement of the money and time if "We are not getting current before one year (Validity of Medicals)
Any thoughts?
Here are my thoughts:
---------------------
There are Four group of people (Became current with July bulletin) who are affected and suffered.
1) The people whose applications reached to USCIS before 10:00 AM
07/02/07, i.e. before USCIS's new revision/update.
Note: Legally this group is the SAFEST one as their file reached to the
USCIS table on time while USCIS's first bulletin was in effect. Their
case is strong as far as "Law and Justice" is concerned.
2) The people whose applications reached on 07/02/07 but after USCIS's
declaration of new revision.
Note: This group can be fit in a category "Who did not receive ample
notice from USCIS for its intention to change the bulletin. And so
may be considered "Probable beneficiaries" by the judiciary
3) The people whose applications reached or will reach to USCIS from any
time between 12:00 AM 07/03/07 to 11:59 PM 07/31/07.
Note: This group will have a "Strongest" weak argument and case. Their
act of sending files perhaps may not be considered "Law-abiding" as
they have already received ample notice from USCIS and clear
statement of USCIS about "Rejecting applications upon receiving"
then also this group sent the applications.
4) The People who will not send applications at all with respect to the
USCIS's revision.
Note: In my oinion and mostly I believe in Judiciary's opinion thsi group will
be considered "Law-abiding" and who acted as per USCIS's
instruction within the periphery of respecting legal authority.
Now other points to be noted are as under:
-----------------------------------------
DOS and USCIS screwed up? Yes... Did not happen ever and now it happened , yes.. People suffered stress..expenses.. yes. Now what is stressed on is one time bulletin per month is a tradition and it is a long time tradition but probably DOS has a power to change that... It seems that there is no such law that DOS can not do that so there exactly Lawsuite filer may have a weak case. Now USCIS is supposed to follow DOS and make bulletin as per DOS's guideline and that is what USCIS did so where is the "Law-Breaking" ? USCIS acted perfectly in legal manner. Probably if Lawsuite filer decide to file the lawsuite on the basis of "Why the helll USCIS declared "All Current" at the first place" then there they have a chance to make a case strong but if they go another route like "Why USCIS revised the bulletin" then I personally do not see "much worth".
Now having said this, to me it looks like whether you file till in July or not OR whether you become plantiff or not, it should not matter. AILF and/or any other organization ethically and perhaps legally can not define "Class" narrowly to the limited group of people. If real justice is prevalent in this country judiciary should not allow any entity to define "Class" narrowly. To me "ALL affected" is the "Class" and if judiciary is considering it as a "class action" then it should consider "All affected" as a class. Now US justice system would go this way, I do not know but if it is not going that way then I would consider that as abig black loop hole in justice system itself. My guess is that if AILF would go defining "Class" narrowly, there will be some mechanism by which individually or with group you should be able to challenge that legally as well.
Now Judiciary, in my opinion may not take stand that ok this is a "Class lawsuite" and now Mr.X has become the plantiff so he would only be the beneficary if lawsuite is won. Either ALL affected should be considered for whatever the benefits come out or everybody looses it. Same argument goes for people who are not filing. By not filing they are obeying the legal instruction of government department of USA and for that they should not be punished and can not be punished by not granting any benefit to them whereas granting the benefits to the people who clearly challenged USCIS's revision by filing from 07/03 and onwards....
If USCIS is smart, it should accept all files now and create the process to have them rotted in the queue for years and that way it will be able to save its own face and limit on visa numbers will automatically send whole bunch of files for eating the dust for years.
I personally see our strong point only at have reimbursement of the money and time if "We are not getting current before one year (Validity of Medicals)
Any thoughts?
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Green_Always
03-15 11:28 PM
BTW, what did you steal?
Sorry. Had to ask. I am getting all curious. :o
:-)
In this country I dont know what is serious and what is light situations.
Sorry. Had to ask. I am getting all curious. :o
:-)
In this country I dont know what is serious and what is light situations.
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Maverick1
11-09 10:46 AM
and we may win any battles like retrogression or anything except this one - chances are that we may never win :D:D
And that is one war I love to loose :):).............................................. ....... .....................by not fighting in the first place :):)
And that is one war I love to loose :):).............................................. ....... .....................by not fighting in the first place :):)
hebbar77
11-14 08:26 PM
as far as I know, you paying for H1b is not correct and is illegal and they will be accountable for this. Secondly, I heard the contract dont stand in court, especially when they are rude.
I think you have an option to report this employer to DOL/USCIS, for charging you the H1b expense. Companies should sponser H1b only when they genuinely need and can pay for the expense!
I am not a lawyer, so I recommend you consult one. Also feel free to communicate this issue to your employer and I guess you will be on your own!
I think you have an option to report this employer to DOL/USCIS, for charging you the H1b expense. Companies should sponser H1b only when they genuinely need and can pay for the expense!
I am not a lawyer, so I recommend you consult one. Also feel free to communicate this issue to your employer and I guess you will be on your own!
eb3retro
10-15 10:12 AM
Anyone? any updates on their pending AP renewal from Nebraska?
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