ganguteli
06-02 03:58 PM
I am the one , who proposed this idea, and people tend to disagree.
I am again saying , the only solution is a lawsuit.
I am sure once you take a lead and file it yourself many will agree with you then. People will know it is not just talk and posts but you mean it.
I am again saying , the only solution is a lawsuit.
I am sure once you take a lead and file it yourself many will agree with you then. People will know it is not just talk and posts but you mean it.
wallpaper star Melissa Joan Hart of
thomachan72
03-27 03:14 PM
Indian democracy can throw many surprises
I think UPA will get 273 and if that's the case then MMS
If NDA get's 273 (which is highly unlikely) then Advani (no Modi...otherwise also Modi's communal qualifications are pretty widespread outside of Gujarat). I like the guy but seriously PM of India and CM of Gujarat are 2 different things.
And if Third front comes to power (they just need around 200 as once they get 200 there will be breakaway groups from UPA and NDA so they can touch 273)
then we will see real democracy (read lust for power)
First 6 month Mayawati >> Followed by Jayalalita / SASIKALA for 6 months >> Followed by some one from LEFT (comorades work in groups..not sure who will be graced by politburo)
Above cycle will be repetitive >> and Govt will collapse when Mayawati will complete her second 6 months Tenure.
Just added something you forgot:D
I think UPA will get 273 and if that's the case then MMS
If NDA get's 273 (which is highly unlikely) then Advani (no Modi...otherwise also Modi's communal qualifications are pretty widespread outside of Gujarat). I like the guy but seriously PM of India and CM of Gujarat are 2 different things.
And if Third front comes to power (they just need around 200 as once they get 200 there will be breakaway groups from UPA and NDA so they can touch 273)
then we will see real democracy (read lust for power)
First 6 month Mayawati >> Followed by Jayalalita / SASIKALA for 6 months >> Followed by some one from LEFT (comorades work in groups..not sure who will be graced by politburo)
Above cycle will be repetitive >> and Govt will collapse when Mayawati will complete her second 6 months Tenure.
Just added something you forgot:D
TeddyKoochu
09-24 12:32 PM
Spill will be around 30k for Eb2 and that will clear till mid 2006. by Sep 2010. In Sep 2011 you should be able to file for 485.
there is no law that says to move date to accept new applications. If DOS makes date current and people have all data visible now will take USCIS to court for not approving cases. What I have learnt that USCIS is considering publishing rule ( Via Rule making process ) in dec 2009 to halt concurrent filling for I 140 and 485 and give chance to pre register for 485. so in Spiring of 2010 we may be able to pre file 485. which may / may not give benefit of AC 21 . EAD is always admin job so they can give out EAD and AP along with pre filling.
I believe that pre-registering for 485 and being able to file for EAD and AP is itself a great step forward for us. How concrete is this news / information.
there is no law that says to move date to accept new applications. If DOS makes date current and people have all data visible now will take USCIS to court for not approving cases. What I have learnt that USCIS is considering publishing rule ( Via Rule making process ) in dec 2009 to halt concurrent filling for I 140 and 485 and give chance to pre register for 485. so in Spiring of 2010 we may be able to pre file 485. which may / may not give benefit of AC 21 . EAD is always admin job so they can give out EAD and AP along with pre filling.
I believe that pre-registering for 485 and being able to file for EAD and AP is itself a great step forward for us. How concrete is this news / information.
2011 Melissa Joan Hart — of
admin
12-31 07:22 PM
Very good find logiclife. Hope we can get such good points across to our legislators.
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Ramba
07-17 12:24 PM
Yes, horizontal spill-over gives preference to EB Category. But the vertical spillover didnt promote diversity. It just ensured that the applicant with the oldest PD was allotted the first available spill-over visa number irrespective of his EB category or country of origin. This just ensured that someone doesnt wait too long. as you know, most of the vertical spillovers were consumed by EB3-India and china. Then, how can it promote diversity.
to make it simple, here is my understanding
Vertical spill over --> PD precedes EB category and Country of Origin
Horizontal spill over --> EB Category precedes PD and country of origin.
Thanks,
gcisadawg
Before AC21 law, both India and China gets only 3000 EB2 visas (7% of 40000). The remaining unused visas in EB2 goes to EB3 worldwide catagory, NOT TO EB3-India. After AC21 law, all the 40,000 EB2 visas are made available to EB2 catagory, irrespective of country of orgin. In either case EB3-I will get same 3000 visas. There is no difference for EB3-I, before and now. EB3-India will always get only 3000 visas per year till EB3-ROW become current.
to make it simple, here is my understanding
Vertical spill over --> PD precedes EB category and Country of Origin
Horizontal spill over --> EB Category precedes PD and country of origin.
Thanks,
gcisadawg
Before AC21 law, both India and China gets only 3000 EB2 visas (7% of 40000). The remaining unused visas in EB2 goes to EB3 worldwide catagory, NOT TO EB3-India. After AC21 law, all the 40,000 EB2 visas are made available to EB2 catagory, irrespective of country of orgin. In either case EB3-I will get same 3000 visas. There is no difference for EB3-I, before and now. EB3-India will always get only 3000 visas per year till EB3-ROW become current.
anantc
01-14 01:15 PM
Hi,
Does this Memo affects for POE for existing Valid stamped Visas ?
Thanks.
Does this Memo affects for POE for existing Valid stamped Visas ?
Thanks.
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Blessing&Lifeisbeautiful
07-24 05:26 PM
Agree with few points in your argument though overall it went little overboard. Whisky Line??? Are you implying there are no lines in US? Ever heard about GC Line???????:)))))) :D Tell me about it I havent waited for 5 to 7 yrs in India for anything and not got it. Maximum I waited would be Tirupati temple for 12-14 hrs:)
BLIB
BLIB
2010 Melissa Joan Hart (Clarissa)
nrk
01-14 01:57 PM
I don't see any problem for EAD and AC21 people
Will this rule effect on EAD and AC21 also?
Will this rule effect on EAD and AC21 also?
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vin13
09-15 12:41 PM
Seems like the spill-overs happen at the end of the year which helps dates for India to advance.
Has the process changed to where the spill-over is calculated and issued every quarter? If not, this could be a possible administrative change that can be proposed by IV.
Has the process changed to where the spill-over is calculated and issued every quarter? If not, this could be a possible administrative change that can be proposed by IV.
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rkg000
09-05 08:42 PM
Yo breddy2000, nobody is calling you names man, but you are getting personal. Is YSR your father ?????.
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onemoredesi
05-19 01:12 PM
Thx for the info.. knowDOL. Could you pls suggest me where you found that information (reg EB3 not coming under the cap).
Also, I have not received my 45 day letter so far.. don't know how long it is going to take..
August 2003 is a good PD if it were EB2 and you could have stayed with your company. I heard in this forum from someone that, if the person is Masters graduate and worked in related for three years they are exempt from cap even though they applied in EB3 category. If this is true, it is good for you to stay in your current company and not try substitution. If this is not true and if I were you I would have gone for substitution.
What ever you do, do it with good terms with your current employer, so you can come back and join them and be able to use the 2003 PD, if some thing goes wrong with your substitution. If you leave the company and join something else, if you think that you cannot join them back, then it may not worth it. Again, it depends on your personal situation, if you don't have a spouse who is waiting for EAD to work, you should not be risking this.
Also, I have not received my 45 day letter so far.. don't know how long it is going to take..
August 2003 is a good PD if it were EB2 and you could have stayed with your company. I heard in this forum from someone that, if the person is Masters graduate and worked in related for three years they are exempt from cap even though they applied in EB3 category. If this is true, it is good for you to stay in your current company and not try substitution. If this is not true and if I were you I would have gone for substitution.
What ever you do, do it with good terms with your current employer, so you can come back and join them and be able to use the 2003 PD, if some thing goes wrong with your substitution. If you leave the company and join something else, if you think that you cannot join them back, then it may not worth it. Again, it depends on your personal situation, if you don't have a spouse who is waiting for EAD to work, you should not be risking this.
hot Melissa Joan Hart (born April
lazycis
02-18 01:30 PM
Neither of us are lawyers and I wouldn't even bother reading what you wrote. All I can say is, why don't you ask your immigration lawyer about this Class Action. Let's see what he says.
Did you ask you lawyer? It's so much easier to criticize.
My immigration lawyer laughed when I asked about a possibility of filing WOM to force action on my stalled I-485. So I proceeded myself. Yes, I did many mistakes but I ultimately prevailed. AILF lawyer and Assistant US Attorney could not believe that an ordinary programmer can write quality legal briefs and challenge the government. Some of my friends did not bother with WOM and are still waiting while others followed and received green cards. If you think outside of the box, you can achieve something others could not.
Did you ask you lawyer? It's so much easier to criticize.
My immigration lawyer laughed when I asked about a possibility of filing WOM to force action on my stalled I-485. So I proceeded myself. Yes, I did many mistakes but I ultimately prevailed. AILF lawyer and Assistant US Attorney could not believe that an ordinary programmer can write quality legal briefs and challenge the government. Some of my friends did not bother with WOM and are still waiting while others followed and received green cards. If you think outside of the box, you can achieve something others could not.
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chanduv23
02-14 03:05 PM
Totally agree. A and B are not mutually exclusive. We need to push for admin fix and in the meantime explore lawsuit possibility WITHOUT using IV name (does not mean IV members cannot participate as individuals in the lawsuit).
Agree - but such an action needs strong leadership and trusted members - till now no one is affirmative. Merely taking the poll does not suffice.
I would recommend that someone stand up as a leader (probably 5 core members who are committed) and then reqruit members into a googlegroup or a yahoogroup.
Agree - but such an action needs strong leadership and trusted members - till now no one is affirmative. Merely taking the poll does not suffice.
I would recommend that someone stand up as a leader (probably 5 core members who are committed) and then reqruit members into a googlegroup or a yahoogroup.
tattoo Still of Melissa Joan Hart in
breddy2000
09-03 10:23 PM
breddy2000,
You see YSR is in high point, as for you corruption, blood politics, mafia by him are no big deal and normal. What should I say? You are better fit to immigrate to Somalia, Afghanistan or Colombia.
Every one does that, is that a reason. You claim that you are not a supporter of any one. If that is the case then give due credit where required and criticize and condemn when it’s appropriate.
As posted by abracadabra102 YSR exactly fits for "No better friend, No worse enemy" and in due course he amassed illegal wealth, corruption and killings.
His death is the reason this thread is here, living or dead facts are facts and yes Good Riddance that he is no more.
Yes, will do whatever I can, humbly. In fact it is India’s citizens that are forcing these politicians to implement effective policy not the other way where people are living and enjoying an effective system.
All that I'm saying is why do you need to single out one politician. Can you compare YSR with Mr. Modi(Ghodra Express Issue), Mr Advani(Babri Mazdid Issue)...on how many innocent lives have been lost because of their filthy politics...
And mind you , you and me are working here in US cos of the open policies created by Mr.Late Rajiv Gandhi in the IT Sector. All that I'm saying is someone or something is better than none.
For that matter do you support War on Iraq , War on Afghanistan when it comes to people lives...
First know the facts before you comment and have guts to comment revealing your original ID and not with a hidden one....created just for the sake of it
You see YSR is in high point, as for you corruption, blood politics, mafia by him are no big deal and normal. What should I say? You are better fit to immigrate to Somalia, Afghanistan or Colombia.
Every one does that, is that a reason. You claim that you are not a supporter of any one. If that is the case then give due credit where required and criticize and condemn when it’s appropriate.
As posted by abracadabra102 YSR exactly fits for "No better friend, No worse enemy" and in due course he amassed illegal wealth, corruption and killings.
His death is the reason this thread is here, living or dead facts are facts and yes Good Riddance that he is no more.
Yes, will do whatever I can, humbly. In fact it is India’s citizens that are forcing these politicians to implement effective policy not the other way where people are living and enjoying an effective system.
All that I'm saying is why do you need to single out one politician. Can you compare YSR with Mr. Modi(Ghodra Express Issue), Mr Advani(Babri Mazdid Issue)...on how many innocent lives have been lost because of their filthy politics...
And mind you , you and me are working here in US cos of the open policies created by Mr.Late Rajiv Gandhi in the IT Sector. All that I'm saying is someone or something is better than none.
For that matter do you support War on Iraq , War on Afghanistan when it comes to people lives...
First know the facts before you comment and have guts to comment revealing your original ID and not with a hidden one....created just for the sake of it
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immi_seeker
09-15 12:45 PM
Seems like the spill-overs happen at the end of the year which helps dates for India to advance.
Has the process changed to where the spill-over is calculated and issued every quarter? If not, this could be a possible administrative change that can be proposed by IV.
For FY2010 there are very less GC applications filed by ROW & EB1 due to bad economy. If USCIS waits till last quarter then they wont have much visa usage during previous quarters. So it makes sense for USCIS to allocate spill over numbers on a per quarter basis. We never know how it works
Has the process changed to where the spill-over is calculated and issued every quarter? If not, this could be a possible administrative change that can be proposed by IV.
For FY2010 there are very less GC applications filed by ROW & EB1 due to bad economy. If USCIS waits till last quarter then they wont have much visa usage during previous quarters. So it makes sense for USCIS to allocate spill over numbers on a per quarter basis. We never know how it works
dresses Melissa Joan Hart Nervous
alterego
12-14 04:40 PM
I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!
I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:
Mostly agree with you about not wanting to alienate non Indian IV members. However you need to understand that any change won, however small or large will have some winners and some losers in it. Earlier this year, when IV was pushing for 485 filing without visa numbers, it was not very comfortable for those who had already filed 485. In fact, some even cancelled their membership over that.
Some of us, who filed 485s years ago couldn't have felt good about that. In the end, the flower power campaign was done and worked, allowing 320K filers to join the 485 queue and those of us who we were floating merrily along, felt like we got hit with a tsunami.
Yet we, each and everyone of us has to learn to look at the bigger picture and not look for our individual goals to come first. When we look at the stated objectives of the organisation, everyone of us has something positive to gain from it and should contribute in our own way, just find something to add your little weight to the effort. That is the kind of spirit we need. The collective force of everyone(guided by the core leadership) is what gets things done.
In a way, it is about each individual taking some action to help himself/herself by helping the organisation. Whatever little you have done, think to yourself, if this action is multiplied by 25K what would be the outcome. Then you get a sense for our collective power.
If you gave $100, then 25K*100= $2.5 million. Now thats a warchest!
On the other hand, if all you have ever done is to come to this board and whine, then I sincerely doubt 25K people whining in private ever got a thing done. Now if 25K people were to whine to their congressman...................
If each of those 320K 485 filers in July/Aug were to add just 10 Bucks to IV, imagine the impact. One can only wish. Of course a greater burden falls on the shoulders of an enlightened few, but hopefully as more poeple find ways to contribute, things become stronger. I'm impressed by the success of the 30K funding drive.
I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:
Mostly agree with you about not wanting to alienate non Indian IV members. However you need to understand that any change won, however small or large will have some winners and some losers in it. Earlier this year, when IV was pushing for 485 filing without visa numbers, it was not very comfortable for those who had already filed 485. In fact, some even cancelled their membership over that.
Some of us, who filed 485s years ago couldn't have felt good about that. In the end, the flower power campaign was done and worked, allowing 320K filers to join the 485 queue and those of us who we were floating merrily along, felt like we got hit with a tsunami.
Yet we, each and everyone of us has to learn to look at the bigger picture and not look for our individual goals to come first. When we look at the stated objectives of the organisation, everyone of us has something positive to gain from it and should contribute in our own way, just find something to add your little weight to the effort. That is the kind of spirit we need. The collective force of everyone(guided by the core leadership) is what gets things done.
In a way, it is about each individual taking some action to help himself/herself by helping the organisation. Whatever little you have done, think to yourself, if this action is multiplied by 25K what would be the outcome. Then you get a sense for our collective power.
If you gave $100, then 25K*100= $2.5 million. Now thats a warchest!
On the other hand, if all you have ever done is to come to this board and whine, then I sincerely doubt 25K people whining in private ever got a thing done. Now if 25K people were to whine to their congressman...................
If each of those 320K 485 filers in July/Aug were to add just 10 Bucks to IV, imagine the impact. One can only wish. Of course a greater burden falls on the shoulders of an enlightened few, but hopefully as more poeple find ways to contribute, things become stronger. I'm impressed by the success of the 30K funding drive.
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Ramba
03-19 05:15 PM
I did canada PR myself two years back and I got the visa in 10 months. It is so easy. However I did not go there and wasted my canada PR. Now I am seriously thinking again.
I applied canada PR when my LC was pending at labor department. I was expecting that my LC will go to BEC. That is why I applied Canada PR as there was a talk going on about backlog center creation in 2004. Luckilly my LC was approved at regional level. It did not go to BEC. I could file 140 and 485 as PD was current that time. That gave me a confidence in skipping the Canada PR. Moreover, I heared a story, if they (Canada/US) know, if 485 pending during the landing process they will give hard time by asking you to select either US PR or Canada PR at the borderpost. Imagine, how hard it will be at the border to answer this kind of life deciding questions. Therefore I skipped the canada PR. Now it is becoming almost 2 years. No sign of CIR yet. Spending lot of money on EAD and AP. On top of that lot of frustration. Now I am seriously considering that I missed Canada, I should have gone that time. I do not know what to do, whether I should apply again (lot of money) or wait for GC as my 485 still pending.
I applied canada PR when my LC was pending at labor department. I was expecting that my LC will go to BEC. That is why I applied Canada PR as there was a talk going on about backlog center creation in 2004. Luckilly my LC was approved at regional level. It did not go to BEC. I could file 140 and 485 as PD was current that time. That gave me a confidence in skipping the Canada PR. Moreover, I heared a story, if they (Canada/US) know, if 485 pending during the landing process they will give hard time by asking you to select either US PR or Canada PR at the borderpost. Imagine, how hard it will be at the border to answer this kind of life deciding questions. Therefore I skipped the canada PR. Now it is becoming almost 2 years. No sign of CIR yet. Spending lot of money on EAD and AP. On top of that lot of frustration. Now I am seriously considering that I missed Canada, I should have gone that time. I do not know what to do, whether I should apply again (lot of money) or wait for GC as my 485 still pending.
girlfriend (Melissa Joan Hart).
.jpg "Melissa Joan Hart")
vallabhu
10-29 12:23 PM
I like the idea I dont know if this is already discussed but one thought I would like to share
Because it is for sure that Congress will not Agree to give away GC with out wait time so we should show them some thing more attractive than just initial short term plan of investing on a home and getitng a GC what if some buys a home gets a GC and then sell it off for a 10-15 grand less prise I am ok to loose 15 Grand if I can get to apply 485 overnight.
We make it attractive and more meaning full for economy and to congreess by saying we will buy a home make payments for 3 to 5 years without delinquency to apply for 485.
Just a thought.
Because it is for sure that Congress will not Agree to give away GC with out wait time so we should show them some thing more attractive than just initial short term plan of investing on a home and getitng a GC what if some buys a home gets a GC and then sell it off for a 10-15 grand less prise I am ok to loose 15 Grand if I can get to apply 485 overnight.
We make it attractive and more meaning full for economy and to congreess by saying we will buy a home make payments for 3 to 5 years without delinquency to apply for 485.
Just a thought.
hairstyles Melissa Joan Hart knows
villamonte6100
02-18 11:17 AM
(1) There was no shortage of laypeople and even attorneys who asserted that "USCIS isn't doing anything wrong they are just following the law" when it came to FBI name checks. Fortunately for all of us sharper legal brains and sharper judges prevailed, and brought us to this happy day.
(2) On Class Actions: Villamonte, have you read the Mocanu decision (http://www.bibdaily.com/pdfs/Mocanu%202-8-08%20LEXIS.pdf)? If not I encourage you to do so -- that was just individual cases being consolidated, but the situation is not very different -- you should pay particular attention to the part where Judge Baylson recommends a multi-district class action litigation to deal with all the other name check cases (see p. 16, para numbered 6).
The parallels between the those cases and the one being proposed are very strong.
Judge Baylson is not the only judge who has recommended a class action approach to these issues. IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.
(3) Preliminary Ideas on the Grounds for Suing (courtesy lazycis):
The grounds for suing USCIS is the same as in Gonzalez v Howerton -- (a) interpreting the law incorrectly (b) not following the statutory requirement that they use up all the greencards available in a given year and therefore being guilty of affirmative misconduct. At the very least, a judge is within his rights to make them make amends -- by recapturing 2003-2004 EB greencards, since they wasted them as a result of their affirmative misconduct -- they waited for name checks or simply not processing applications - no one can say there wasn't an application backlog in 2003-2004.
(4) First Steps
What we need here is to get this matter before a good legal strategist who is familiar with (a) the two sources of affirmative misconduct (FBI name checks and cessation of processing in 2003-2004) (b) precedents and caselaw (note that most immigration law firms are good with filing paperwork, but not necessarily complex litigation, so forget about the usual suspects.) The perfect legal argument will not sprout up immediately. In the same way that the legal arguments in the name check cases were honed over time (lazycis can confirm this), this too will need some serious research and thinking.
Those of you who want everything about this case sorted out, signed, sealed, guaranteed and delivered this week will need a reality check. :)
As will those of you who think that the way to approach this is to discuss these issues without familiarizing yourself with facts and legal precedents in some detail (so arguments about slavery etc are not the ones that will win the day in court, it is arguments that can show that USCIS was not interpreting the law correctly and in doing so caused harm and that the harm can be remedied through recapture.) -- if you want to see how a case like this will work read Mocanu and Galvez. This case will not be a dramatic movie-style civil rights case about slavery, it will involve the most tedious sort of nitty gritty discussion of admin misconduct.
OTOH, for most of us, all we've got is time -- I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.
**: Yes, I've sent off my letters too. I think of these two things as complementary projects.
Neither of us are lawyers and I wouldn't even bother reading what you wrote. All I can say is, why don't you ask your immigration lawyer about this Class Action. Let's see what he says.
(2) On Class Actions: Villamonte, have you read the Mocanu decision (http://www.bibdaily.com/pdfs/Mocanu%202-8-08%20LEXIS.pdf)? If not I encourage you to do so -- that was just individual cases being consolidated, but the situation is not very different -- you should pay particular attention to the part where Judge Baylson recommends a multi-district class action litigation to deal with all the other name check cases (see p. 16, para numbered 6).
The parallels between the those cases and the one being proposed are very strong.
Judge Baylson is not the only judge who has recommended a class action approach to these issues. IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.
(3) Preliminary Ideas on the Grounds for Suing (courtesy lazycis):
The grounds for suing USCIS is the same as in Gonzalez v Howerton -- (a) interpreting the law incorrectly (b) not following the statutory requirement that they use up all the greencards available in a given year and therefore being guilty of affirmative misconduct. At the very least, a judge is within his rights to make them make amends -- by recapturing 2003-2004 EB greencards, since they wasted them as a result of their affirmative misconduct -- they waited for name checks or simply not processing applications - no one can say there wasn't an application backlog in 2003-2004.
(4) First Steps
What we need here is to get this matter before a good legal strategist who is familiar with (a) the two sources of affirmative misconduct (FBI name checks and cessation of processing in 2003-2004) (b) precedents and caselaw (note that most immigration law firms are good with filing paperwork, but not necessarily complex litigation, so forget about the usual suspects.) The perfect legal argument will not sprout up immediately. In the same way that the legal arguments in the name check cases were honed over time (lazycis can confirm this), this too will need some serious research and thinking.
Those of you who want everything about this case sorted out, signed, sealed, guaranteed and delivered this week will need a reality check. :)
As will those of you who think that the way to approach this is to discuss these issues without familiarizing yourself with facts and legal precedents in some detail (so arguments about slavery etc are not the ones that will win the day in court, it is arguments that can show that USCIS was not interpreting the law correctly and in doing so caused harm and that the harm can be remedied through recapture.) -- if you want to see how a case like this will work read Mocanu and Galvez. This case will not be a dramatic movie-style civil rights case about slavery, it will involve the most tedious sort of nitty gritty discussion of admin misconduct.
OTOH, for most of us, all we've got is time -- I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.
**: Yes, I've sent off my letters too. I think of these two things as complementary projects.
Neither of us are lawyers and I wouldn't even bother reading what you wrote. All I can say is, why don't you ask your immigration lawyer about this Class Action. Let's see what he says.
jayleno
09-23 11:10 AM
What an irony my friend. I'm arguing for people like you...who can afford to buy a home in this economy and you arguing for people(bodies in your "not every body") like me who cannot afford. Thank you for your concern, but I think it is a very good idea.
:D
What a Twister !!!
Jayleno,
You are not really interested in helping, otherwise you would have bought a house and put economy back on track. But you are taking advantage of the current situation. My point is not every body has money at present in hand to buy a house. Every body likes to spend their money and settle down here, otherwise no body would have applied for green card. This plan is proposed all of the sudden and it is not fair. If i consider people, who lost jobs because of this worst market, you are twisting the story by talking prevailing wages and illegal status. FYI, I have potential to buy a home here and currently working and making enough money here. I request you answer the question only, not twist.
aps
:D
What a Twister !!!
Jayleno,
You are not really interested in helping, otherwise you would have bought a house and put economy back on track. But you are taking advantage of the current situation. My point is not every body has money at present in hand to buy a house. Every body likes to spend their money and settle down here, otherwise no body would have applied for green card. This plan is proposed all of the sudden and it is not fair. If i consider people, who lost jobs because of this worst market, you are twisting the story by talking prevailing wages and illegal status. FYI, I have potential to buy a home here and currently working and making enough money here. I request you answer the question only, not twist.
aps
she81
07-03 06:59 PM
I digged all the comments but looks like someone is trying to bury them again and again...
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