delhiguy
07-08 05:57 PM
It is not the U.S constitution or the constitutional law that is in question here. The lawsuit is being filed to simply determine if the laws were broken when this visa bulletin fiasco happened. If so, the courts will give relief. The laws of the U.S extends to everybody (citizens, GC holders and non-immigrants) alike.
It is just like how if a non-immigrant breaks a law, he/she is arrested and taken to court. Even the terrorists who are held in Gitmo won a lawsuit that they have a fair share in the courts. There are numerous cases of potential immigrants who sued the U.S govt and got GCs (most recent being a worker who got his I-140 rejection based on labor cert overturned in Washington State by a Federal Court and finally got his GC).
But, as you mentioned, there are certain aspects of the Constitution that apply only to Citizens. I don't think the constitutional law applies here.
After reading your example about the GC i am very positive now, about the lawsuit
It is just like how if a non-immigrant breaks a law, he/she is arrested and taken to court. Even the terrorists who are held in Gitmo won a lawsuit that they have a fair share in the courts. There are numerous cases of potential immigrants who sued the U.S govt and got GCs (most recent being a worker who got his I-140 rejection based on labor cert overturned in Washington State by a Federal Court and finally got his GC).
But, as you mentioned, there are certain aspects of the Constitution that apply only to Citizens. I don't think the constitutional law applies here.
After reading your example about the GC i am very positive now, about the lawsuit
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SleeplessinSeatle
08-19 04:47 PM
I got my EAD card yesterday. I am still waiting for receipt number for I-485 / I-131 though.
chmur
07-27 06:28 PM
Chmur; I appreciate your post. For the sake of a discussion could you share what is the temporary relief that you are seeking. I am curious to know the details. Is it
1. Revert back to the vertical spillover rule. OR
2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.
Let me offer my answers to the questions above:
1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.
I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers
None ....
Eb3-I has to explain it's position and request DOS to suggest an alternative method to mitigate the starving under the given laws.
As suggested earlier which requires change in law and which does not is not clear to any of us. DOS itself has had contradictory implementations over the years.
I am baffled that you think anyone of us can actually dictate DOS what to do.
1. Revert back to the vertical spillover rule. OR
2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.
Let me offer my answers to the questions above:
1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.
I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers
None ....
Eb3-I has to explain it's position and request DOS to suggest an alternative method to mitigate the starving under the given laws.
As suggested earlier which requires change in law and which does not is not clear to any of us. DOS itself has had contradictory implementations over the years.
I am baffled that you think anyone of us can actually dictate DOS what to do.
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Macaca
12-10 11:43 AM
Don't ban. This isn't freedom of speech.
Don't get intimidated and let them get to your head.
He Is Banned!!
Don't get intimidated and let them get to your head.
He Is Banned!!
more...
gcbikari
11-18 10:06 AM
Response from GA Republican Senator Saxby Chambliss:
Dear Mr. xxx:
Thank you for contacting me regarding S. 729, the "Development, Relief, and Education for Alien Minors (DREAM) Act." It is good to hear from you.
S. 729 was introduced on March 26, 2009, and referred to the Senate Judiciary Committee. After meeting certain criteria, illegal aliens would be allowed to receive in-state tuition from the state in which they reside.
The legislative language establishes these requirements for an individual to qualify for the tuition benefit:
o must be under the age of 35,
o have entered the United States before the age of 16,
o resided in the United States for at least the last five years
o earned a high school diploma or GED in the United States
On September 21, 2010 I joined my Senate colleagues in defeating a procedural vote on the DREAM Act. I remain opposed to the bill as currently drafted and will continue to keep your thoughts in mind should this legislation come before the full Senate again.
If you would like to receive timely email alerts regarding the latest congressional actions and my weekly e-newsletter, please sign up via my web site at: www.chambliss.senate.gov . Please let me know whenever I may be of assistance.
Dear Mr. xxx:
Thank you for contacting me regarding S. 729, the "Development, Relief, and Education for Alien Minors (DREAM) Act." It is good to hear from you.
S. 729 was introduced on March 26, 2009, and referred to the Senate Judiciary Committee. After meeting certain criteria, illegal aliens would be allowed to receive in-state tuition from the state in which they reside.
The legislative language establishes these requirements for an individual to qualify for the tuition benefit:
o must be under the age of 35,
o have entered the United States before the age of 16,
o resided in the United States for at least the last five years
o earned a high school diploma or GED in the United States
On September 21, 2010 I joined my Senate colleagues in defeating a procedural vote on the DREAM Act. I remain opposed to the bill as currently drafted and will continue to keep your thoughts in mind should this legislation come before the full Senate again.
If you would like to receive timely email alerts regarding the latest congressional actions and my weekly e-newsletter, please sign up via my web site at: www.chambliss.senate.gov . Please let me know whenever I may be of assistance.
skd
07-10 05:37 PM
Any rallies Near Portland Oregon Area this weekend ?
more...
sidd
04-19 07:25 PM
Hi Folks,
Has anyone recently done Canadian Landing with pending 485 and any issues re-entering US with AVR/H1B/Advance Parole?
Any problem with H1-B stamping the same visit as you do Canadian Landing?
Can one apply for a 'Canadian Visitor Visa', while there is a valid (not used) Canadian PR Immigration Visa stamp in your passport?
I would appreciate your replies/experiences.
Thanks.
Has anyone recently done Canadian Landing with pending 485 and any issues re-entering US with AVR/H1B/Advance Parole?
Any problem with H1-B stamping the same visit as you do Canadian Landing?
Can one apply for a 'Canadian Visitor Visa', while there is a valid (not used) Canadian PR Immigration Visa stamp in your passport?
I would appreciate your replies/experiences.
Thanks.
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jchan
08-25 09:15 PM
Guys,
I just got my H1B Extension approved (8th year extension).
Original H1B was valid until Sept 2008. Changed companies after 180 days(of I485 application) and applied for H1 transfer and extension for 3 years via new company. Finally got it approved after 3 months for 3 years(until May 2011).
-Googlegc
Is it for direct employee or consulting company?
I just got my H1B Extension approved (8th year extension).
Original H1B was valid until Sept 2008. Changed companies after 180 days(of I485 application) and applied for H1 transfer and extension for 3 years via new company. Finally got it approved after 3 months for 3 years(until May 2011).
-Googlegc
Is it for direct employee or consulting company?
more...
baba2s
07-16 08:18 PM
If u want to be fair, fight to remove country quota and not fight among EB categories
I agree with you vin13, remove country quota or by number of years we are legally here in US.
Base on PD is not fare enough. Many of us filed GC vary late because of one or many reasons.
I agree with you vin13, remove country quota or by number of years we are legally here in US.
Base on PD is not fare enough. Many of us filed GC vary late because of one or many reasons.
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knnmbd
05-04 11:41 AM
on
http://www.aila.org/RecentPosting/RecentPostingList.aspx
is a comparison chart for skil bill. Is there any way we can get that. it will help us analyse this better.
(Chart comparing the SKIL Bill, introduced by Senator Cornyn (R-TX) on May 3, 2006, to other Senate bills, including the Comprehensive Immigration Reform Act of 2006. Chart prepared by the American Council on International Personnel for the Compete America coalition, of which AILA is a member. AILA Doc. No. 06050461.)
Does'nt this require a log in name and Password....
http://www.aila.org/RecentPosting/RecentPostingList.aspx
is a comparison chart for skil bill. Is there any way we can get that. it will help us analyse this better.
(Chart comparing the SKIL Bill, introduced by Senator Cornyn (R-TX) on May 3, 2006, to other Senate bills, including the Comprehensive Immigration Reform Act of 2006. Chart prepared by the American Council on International Personnel for the Compete America coalition, of which AILA is a member. AILA Doc. No. 06050461.)
Does'nt this require a log in name and Password....
more...
kshitijnt
05-10 09:25 PM
Quota based on race argument is fallacious. For example, Bangladesh and Pakistan are not limited by the quota. However, they are the of the same ethnic/racial background as people from India.
Thats my point. Why are pakistanis getting green cards and nobody is saying they have taken jobs away from Americans? So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?
Thats my point. Why are pakistanis getting green cards and nobody is saying they have taken jobs away from Americans? So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?
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psk79
09-05 08:49 AM
Hey GUYS!! My checks got cashed today!!! All six of them!!! Don't have the receipts but got the SRCs from the back of the checks. Mine is NSC delivered Jul2, 1025AM J BARREETT..Finally very happy to get tehse. I hope everyone will ge tthem very soon...Thanks.
:) My Checks got cashed today, I can see SRC receipt number on the back. More details in my signature.
:) My Checks got cashed today, I can see SRC receipt number on the back. More details in my signature.
more...
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blackberry
11-17 03:17 PM
Done.
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mmanurker
07-20 11:42 AM
Dear Members
For those of you joining us late, here is some info about this thread.
1. This is to do our least part to the core IV Team for their selfless sacrifice, for all of us getting the benefits of legal immigration. Note that , Aman Kapoor , the co-founder of IV has done his part by sacrificing $64,000/- from his own personal funds towards the administrative costs of IV. Yes you read it right , it is $64,000/- We come to know from his co-worker that he has sold his house towards running this show for us.
2. We have not yet figured out a way to reimburse these costs as IV does not yet have administrative costs part of the expenditure allocation, as we understand it. So instead of a wait and watch, we decided to go ahead with collecting the pledge from the members on the amount they are putting forth for reimbursing the amount. Once we come up with a strategy(members we look for your suggestions on how to get this done, please add your comments) we will instruct the members pledged to pay out.
So do not pay it directly to the IV core funds, yet.
Please help us spread the message about this thread in other threads by copy and pasting the following in other threads too.
There is a funding drive in this other thread towards reimbursing Aman and other core IV member's expenses towards the administrative costs of IV.
http://immigrationvoice.org/forum/sh...ad.php?t=10708
Could you please pledge an amount ?
Thanks
Anzer
Pl. count me in....I pledge $100 towards Aman's expense re-imbursement.
Pl. let me know how to send the amount coz your post clearly says
"do not pay it directly to the IV core funds, yet"
(so far contributed $100 to IV)
For those of you joining us late, here is some info about this thread.
1. This is to do our least part to the core IV Team for their selfless sacrifice, for all of us getting the benefits of legal immigration. Note that , Aman Kapoor , the co-founder of IV has done his part by sacrificing $64,000/- from his own personal funds towards the administrative costs of IV. Yes you read it right , it is $64,000/- We come to know from his co-worker that he has sold his house towards running this show for us.
2. We have not yet figured out a way to reimburse these costs as IV does not yet have administrative costs part of the expenditure allocation, as we understand it. So instead of a wait and watch, we decided to go ahead with collecting the pledge from the members on the amount they are putting forth for reimbursing the amount. Once we come up with a strategy(members we look for your suggestions on how to get this done, please add your comments) we will instruct the members pledged to pay out.
So do not pay it directly to the IV core funds, yet.
Please help us spread the message about this thread in other threads by copy and pasting the following in other threads too.
There is a funding drive in this other thread towards reimbursing Aman and other core IV member's expenses towards the administrative costs of IV.
http://immigrationvoice.org/forum/sh...ad.php?t=10708
Could you please pledge an amount ?
Thanks
Anzer
Pl. count me in....I pledge $100 towards Aman's expense re-imbursement.
Pl. let me know how to send the amount coz your post clearly says
"do not pay it directly to the IV core funds, yet"
(so far contributed $100 to IV)
more...
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simple1
05-01 02:16 PM
FB2A which is not very far behind.
I know Spouse's PD will be same as Primary's PD . But good for people who filled 485. If person has latest PD let says Aug 2007 (Eb2 india ) .. Under Eb category he may be able to file 485. But dependent may not be able to file 485 as Family quota is backlogged. Family quota also has PD and category. Under which category spouses of primary will fall ? F2A ? F2B ? do you know this ?
I know Spouse's PD will be same as Primary's PD . But good for people who filled 485. If person has latest PD let says Aug 2007 (Eb2 india ) .. Under Eb category he may be able to file 485. But dependent may not be able to file 485 as Family quota is backlogged. Family quota also has PD and category. Under which category spouses of primary will fall ? F2A ? F2B ? do you know this ?
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harpomarx
09-09 11:22 PM
All 9 of my checks for myself, wife, kid were cashed on Friday.
Filed at Nebraska SC July 6th (sent July 5th).
EB3 RoW
PD Oct 2003.
Filed at Nebraska SC July 6th (sent July 5th).
EB3 RoW
PD Oct 2003.
more...
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GCStatus
08-18 11:47 PM
How about giving a proposal to the USCIS to revamp their entire system free of cost so we save future immigrants. Most of us are so called IT professionals arent we.
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senthil1
01-30 11:10 PM
Basically optimistic projections predict that 1 million high tech new jobs are created in a good economy in 10 years time. That means 100k per year average. There are 85k H1b and another 80k L1b are coming every year to USA. Also some of 140k immigrants are new. So Opt and TN visa unlimited number of persons. Apart from this there are some USA people are studying here and trying for job. And number of Indian students also increasing gradually. For the 100K high tech jobs 500K persons may compete. If they expand H1b it is going to increase the compettion. Nowadays resume of inexperienced persons are much more attractive than those who are really working(So many thousands of fake resumes). I do not know how it will end
Do you have a brain? seriosly... .. I wish people like u suffer through what everyone else who has lost a job or in the bnech go through...
So why the hell u came to the country... i think u are one of those cheap ass off shore guys who is onsite and showing off.. man
dont come to me mouthing off again... i did my master's here and i got job in OPT and my company sponsored my H1. I have friedns who sufferd through the phase of not getting a job and had to go through the desi consultants.. they were in no way inferior to u or me.. plain bad luck.. u ask them to go to their home country is it... moron grow some brains
Do you have a brain? seriosly... .. I wish people like u suffer through what everyone else who has lost a job or in the bnech go through...
So why the hell u came to the country... i think u are one of those cheap ass off shore guys who is onsite and showing off.. man
dont come to me mouthing off again... i did my master's here and i got job in OPT and my company sponsored my H1. I have friedns who sufferd through the phase of not getting a job and had to go through the desi consultants.. they were in no way inferior to u or me.. plain bad luck.. u ask them to go to their home country is it... moron grow some brains
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simple1
05-01 11:54 AM
jchan,
I believe, the family quota is not very farbehind. Defiantly not 4 years.
Even if it is 4 years. She has EAD and AP to hold on to. Instead of both being stuckup it would be better atleast one reaches shore immediately.
I believe, the family quota is not very farbehind. Defiantly not 4 years.
Even if it is 4 years. She has EAD and AP to hold on to. Instead of both being stuckup it would be better atleast one reaches shore immediately.
mygc2006
09-08 11:48 AM
EB3 India
EAD Sent 08/01/08
ND : 08/07/08
No LUD's since then.
Card production Ordered email on 09/05/08
congrats ... that was pretty fast, you got it within a month ....
EAD Sent 08/01/08
ND : 08/07/08
No LUD's since then.
Card production Ordered email on 09/05/08
congrats ... that was pretty fast, you got it within a month ....
nixstor
07-07 10:37 PM
That's the reason I said if we at least get 1000 members then we can ask core members and get their help. members should seriously think if they can make it before they saying yes.. I think even Friday option works as member can take long weekend and spend weekend in DC. We will also get to know all IV members.
What do you say?
I recommend a Monday to a Friday. Most of the media/office folks will take friday off as well like you and me. Media will be fresh on monday and people will get good E fares to fly out into DC on Saturday and fly out on Monday night/Tuesday early morning (if at all some one comes out of town). Also forget the 1000 number. We can have a good impact if we have 300+ members and families. When you put a poll out there, have 2 options for sure
a) I will come to DC on any day at any cost to attend this rally.
b) I want to come but I dont know how it will work out, when the day comes.
What do you say?
I recommend a Monday to a Friday. Most of the media/office folks will take friday off as well like you and me. Media will be fresh on monday and people will get good E fares to fly out into DC on Saturday and fly out on Monday night/Tuesday early morning (if at all some one comes out of town). Also forget the 1000 number. We can have a good impact if we have 300+ members and families. When you put a poll out there, have 2 options for sure
a) I will come to DC on any day at any cost to attend this rally.
b) I want to come but I dont know how it will work out, when the day comes.
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