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arsh007
01-30 03:49 PM
1. Asking employees to pay for H1 costs is not legal. It would be in violations of CFR.
2. That is also illegal. Employer cannot ask employee to pay for payroll taxes that the employer owes IRS, and too, when you are not even working. It would be an attempt to cover-up the violation of immigration law: Not paying on bench. The only alternative to all that is cancelling her H1 if she cannot find project and if they cannot pay her, but that again would cost money. Damn its too expensive to operate a business legally obeying every friggin law.
3. If you are paying for H1 (which is really not legal) what would you refund them?
So whether you want to tell them "Go to hell" depends on how much you want the job and how much bending/breaking of law can you do.
Point 3 was for the employer refunding the employee for the H1 costs after completing 6 months on project.
Well it is an accepted fact that Employers need to pay for H1 sponsorship but desi companies hardly follow the rules. Well I don't understand from you point above why paying for H1 expenses means I am breaking the law. Rather it should be the employer who is breaking the law.
2. That is also illegal. Employer cannot ask employee to pay for payroll taxes that the employer owes IRS, and too, when you are not even working. It would be an attempt to cover-up the violation of immigration law: Not paying on bench. The only alternative to all that is cancelling her H1 if she cannot find project and if they cannot pay her, but that again would cost money. Damn its too expensive to operate a business legally obeying every friggin law.
3. If you are paying for H1 (which is really not legal) what would you refund them?
So whether you want to tell them "Go to hell" depends on how much you want the job and how much bending/breaking of law can you do.
Point 3 was for the employer refunding the employee for the H1 costs after completing 6 months on project.
Well it is an accepted fact that Employers need to pay for H1 sponsorship but desi companies hardly follow the rules. Well I don't understand from you point above why paying for H1 expenses means I am breaking the law. Rather it should be the employer who is breaking the law.
wallpaper Mod The Sims - Jennifer Garner
eb3retro
08-17 12:16 AM
Very Good first post :eek:!!! Please hide wherever you were hiding till now, STOP judging.
clever adj
Definition: bright, ingenious
Antonyms: awkward, foolish, idiotic, ignorant, naive, senseless, stupid, unclever
I am looking to see if he will show up too..looks like he is not coming back..so much for one and the only post..
clever adj
Definition: bright, ingenious
Antonyms: awkward, foolish, idiotic, ignorant, naive, senseless, stupid, unclever
I am looking to see if he will show up too..looks like he is not coming back..so much for one and the only post..
mirage
02-06 09:40 AM
You got my point, sir!!!
Though I am posting very late, I fully agree with the intent of the thread starter. If there is anything that we can convince the "balanced" law makers, it is the discrimination based on country based quota.
A person with certain skill set brings same and equal benefits to this country. S/He is hired because the economy of this country needs him/her. Then why issue green card to one because s/he was born in XYZ country and why ask another to wait almost endlessly because s/he was born in ABC country. This is absurd, unjust, unfair and discriminatory, particularly considering the values that United States respects, believes in and follows.
We can sell only this one point to law makers. Selling an idea on how much benefits we bring to this country, and if we can buy homes with 20% down payment, is like waking up a person who is pretending to be asleep. They have decided not to buy that argument no matter what. And then there is Dick Durbyn, Grassley, Jeff Sessions, Steve King and many like them...............
Though I am posting very late, I fully agree with the intent of the thread starter. If there is anything that we can convince the "balanced" law makers, it is the discrimination based on country based quota.
A person with certain skill set brings same and equal benefits to this country. S/He is hired because the economy of this country needs him/her. Then why issue green card to one because s/he was born in XYZ country and why ask another to wait almost endlessly because s/he was born in ABC country. This is absurd, unjust, unfair and discriminatory, particularly considering the values that United States respects, believes in and follows.
We can sell only this one point to law makers. Selling an idea on how much benefits we bring to this country, and if we can buy homes with 20% down payment, is like waking up a person who is pretending to be asleep. They have decided not to buy that argument no matter what. And then there is Dick Durbyn, Grassley, Jeff Sessions, Steve King and many like them...............
2011 Jennifer Garner
sunnymit
07-12 04:58 PM
Thanks KartiKiran and spicy_guy...
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GreenLantern
02-16 07:37 PM
Very nice. :thumb: :thumb: (Two thumbs up)
perm2gc
01-10 06:03 PM
volunteers to post in those above listed forums and sites
I started to post in those forums.Will update as i post.
I started to post in those forums.Will update as i post.
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singhsa3
03-04 10:58 AM
Folks,
I need some help from anyone willing.
There are too many media and I can't cover them all.
Please feel free to replace my name by yours and get the ball rolling.
We won't know unless we try. Don't be discouraged by skeptics, they do serve a purpose by making us think from all angles.
So please, if you can please this to local media and hope someone will take note of it.
So far I have covered,
WSJ
CNN
Foxnews
Realtor
Seeking Alpha
Left voicemails for WSJ and Realtor
I need some help from anyone willing.
There are too many media and I can't cover them all.
Please feel free to replace my name by yours and get the ball rolling.
We won't know unless we try. Don't be discouraged by skeptics, they do serve a purpose by making us think from all angles.
So please, if you can please this to local media and hope someone will take note of it.
So far I have covered,
WSJ
CNN
Foxnews
Realtor
Seeking Alpha
Left voicemails for WSJ and Realtor
2010 Jennifer Garner with an eye
knacath
10-31 09:14 PM
Nrc2008063641
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kumarc123
07-18 01:51 PM
EB2 dates may be unavailable/ dont move. But it is just for a very short span of time. And after that EB2 dates start moving quickly again. I presume by 2009 october, the EB2 India PD will close to 2008. Any retrogression, if there is, in EB2 will be very mild from now on because of the spillovers.
Regarding EB3: Every year there had been about 100k approvals in EB3 category, out of around 160K(even though there are 140k visas, there have been approving more because they are using unused family visa numbers) approvals in Employment Based Category. This is because of vertical fall outs of visa numbers. Now they have changed the scenario to horizontal fall outs (spreading across at the same category level( ex. EB2) irrespective of country of chargeability.). So this time it would be around 100K approvals in EB2 category.
Let us make as much noice as we could because of EB3 retrogression. That doesnt effect EB2 movement. But may make it possible visa numbers increase for EB category by legislation. So we have to support this agitation made by our EB3 friends.
I could seee all the EB3 folks with PD older than 2006 and EB2 folks with PD older than 2008 will be cleared off in the next two years. I am sure there wont be not more than 1 or 2 years delay between EB2 and EB3 categories in near future.And there are lot of things going to happen for employment based immigratin in the next two years.
This EB2 movement of 2 and half years is just a first step by DOS.
Vldrao my friend I agree with you on that statement, their might be a small change in dates,it could be stagnant for a mild time. But eventually the dates will move fast, as USCIS wants to avoid any type of wastage of visa numbers and reduce the backlog.
It doest not make sense, that in order to clear the backlog USCIS would need to further retrogress EB2 dates in the future. It is like saying 'take one step forward and then take one step back, end results is you stand at the same place"
I Give you a green dot for it
Thanks
Regarding EB3: Every year there had been about 100k approvals in EB3 category, out of around 160K(even though there are 140k visas, there have been approving more because they are using unused family visa numbers) approvals in Employment Based Category. This is because of vertical fall outs of visa numbers. Now they have changed the scenario to horizontal fall outs (spreading across at the same category level( ex. EB2) irrespective of country of chargeability.). So this time it would be around 100K approvals in EB2 category.
Let us make as much noice as we could because of EB3 retrogression. That doesnt effect EB2 movement. But may make it possible visa numbers increase for EB category by legislation. So we have to support this agitation made by our EB3 friends.
I could seee all the EB3 folks with PD older than 2006 and EB2 folks with PD older than 2008 will be cleared off in the next two years. I am sure there wont be not more than 1 or 2 years delay between EB2 and EB3 categories in near future.And there are lot of things going to happen for employment based immigratin in the next two years.
This EB2 movement of 2 and half years is just a first step by DOS.
Vldrao my friend I agree with you on that statement, their might be a small change in dates,it could be stagnant for a mild time. But eventually the dates will move fast, as USCIS wants to avoid any type of wastage of visa numbers and reduce the backlog.
It doest not make sense, that in order to clear the backlog USCIS would need to further retrogress EB2 dates in the future. It is like saying 'take one step forward and then take one step back, end results is you stand at the same place"
I Give you a green dot for it
Thanks
hair Jennifer Garner Hairstyles
namecheck3yr
02-21 11:26 AM
I am trying to immigrate to this country. I feel that I have my own responsibility to make this country a better place. From my own experience, I know that the namecheck is the most ridiculous process, needs immediate fix:
1. What is the legal base? No legal base makes it become such a black hole.
2. No time frame, they can use �case by case�, �national security� as excuses to randomly delay your cases.
3. It�s a lottery, we can only pray, some people get it cleared in one month, some more than 3 yrs.
4. Case by case? We�ve got a lottery program. Where is the justice, the fairness? How should those affected people plan their living and become a productive citizen?
5. National security? You should not give those �terrorist suspects� more that 3 yrs of freedom! Should it be done earlier before they enter this country?
6. The 911 terrorist attacks did not directly affect most people, but name checking makes many people very anxious. They are amplifying the effect of the terrorist attacks and that is what the terrorist wants. What is the efficiency of this measure?
7. No transparency, nobody knows how they do it.
8. Not responsive, you cannot get any meaningful response except those excuses.
9. You are guilty first, you do not have any chance to provide any assistance to them, and they won�t request any either.
retrohatao willgetgc2005 wam4wam & stirGC,
Thank You for your input. This is very helpful to highlight the name check problem. The problem description and proposed solution by retrohatao are very good. However, just allow me to share a bigger picture. There is no difference between any issue is being categorized by someone to be a sub-issue or if an issue is categorized as main issue. What is important is that the issue is being addressed ....
willgetgc2005, just so that you know, I am also stuck in name check since June-04 and my 485 is pending since Oct-03. Just like you, this issue directly affects me. No doubt this is a very important issue. As berkeleybee mentioned, this is being addressed and communicated to the lawmakers and CA team did an excellent job in making the presentation to the lawmakers.
Even though name check delay issue directly affects people like you and me, know that this is not the only important issue. The point is, many people only care about getting to the next stage of GC process. If someone's labor is stuck, that group thinks that labor certification clearance should be the top priority. If someone's 140 got rejected, then that issue should be the only issue on IV's agenda. If someone is not able to apply for 485, then that person wants to make that as the top priority. If someone is a PHD, then that person wants the top agenda should be to get GC to the guy who has PHD and the argument presented to us is - don't you get it, I am a "PHD". The other day there was a group of people including techworker_tn1, helpful_leo etc who wanted to form their own group for PHDs. And now, if someone's name check is delayed, then we say that everybody will have to go through it sometime in the later stage, so this issue should be on the fore-front of the list of issues.
I am slightly perplexed by the behavior of some members who seems to indicate that we are in some sort of race with one another. And these members seem to send out a message that says - if their issue is not listed as top priority goal then all other issues that IV is working to resolve or all the work being done by IV is worthless. I am slightly disturbed to read posts like the one from wam4wam which says that he/she hopes that bill is not passed till his/her name check is cleared.
This is a sincere request to everybody. If all that we think about is 'what's in it for me', then we cannot find commonality among ourselves. And thus no progress is possible. Know that with this thought process, nothing will happen.
IV is an organization made by people like you and me. If everybody's objective is to get to the next stage of green card process, know that we are not behaving like matured and "educated" class that we all claim to belong. Just reaching the next stage of the process is something like looking for instant gratification which actually doesn't help the cause or the complete green card process.
Most humbly, I would like to request you to post your experiences with how many people you have communicated about the efforts of IV? How many people you have convinced to join IV? What is the success rate? Were you able to persuade the people to contribute for this cause? Those things will help more than anything else. If IV is bigger and stronger, we can together address each and every issue. Ask yourself, how is it possible to continue to include more agendas and not come up with more helping hands and more resources and expect to succeed?
If you do not see a favorable post or see a post that doesn't contain something that you want to hear, please do not infer that nobody cares or as if no one is doing anything. That post may just express somebody's opinion. I must mention that everybody wants their agenda to be pushed to the top. If there is some sort of a debate from others in the forum, I see that group of people starts backing off and starts posting messages to communicate as if this forum or IV is not doing what it should; Or some people start posting messageas hoping that bill will not pass if their agenda is not addressed.....and on and on. Please let me share that this doesn't help anybody.
retrohato, Would you like to take the lead on making name check to the forefront and address it in every possible manner? IV needs sincere people like you who can spend time to do each task. We have very good ideas on how to approach this issue and find a solution to this issue. If you could please take the lead on this issue, know that name check is top priority of IV. I would request you to please call us at anytime convenient for you and express that you would like to work on this issue. We need people who are ready to take ownership of issues and are ready to deliver. Would you like to join this effort actively?
Just so that everybody know, Immigration Voice could include 'World Peace' as one of the agenda items. But just including something as Goal doesn't mean that it can be achieved. To achieve anything that is listed as goals or to meaningfully add anything to the goals we need more serious people and more resources. If you are interested to actively contribute, please call us and we will connect you to the larger group of people to team-up the work for this issue. It is ok if you are not able to participate actively. It would help if you could please encourage others to take up the responsibility. Just because people are not agreeing with you, posting negative or discouraging messages will not help anybody.
America is a great nation. That is why we want to stay here and want our GC sooner. JFK once said that 'Ask not what your country can do for you, ask what you can do for your country'. One of the reasons why America is Great is because of the people of this great nation delivered what JFK said. We all could learn from this and before making any claim to being part of the American fabric or before claiming to be from "educated" class, maybe we need to stop behaving in way that only sends out the message 'what's in it for me'.
1. What is the legal base? No legal base makes it become such a black hole.
2. No time frame, they can use �case by case�, �national security� as excuses to randomly delay your cases.
3. It�s a lottery, we can only pray, some people get it cleared in one month, some more than 3 yrs.
4. Case by case? We�ve got a lottery program. Where is the justice, the fairness? How should those affected people plan their living and become a productive citizen?
5. National security? You should not give those �terrorist suspects� more that 3 yrs of freedom! Should it be done earlier before they enter this country?
6. The 911 terrorist attacks did not directly affect most people, but name checking makes many people very anxious. They are amplifying the effect of the terrorist attacks and that is what the terrorist wants. What is the efficiency of this measure?
7. No transparency, nobody knows how they do it.
8. Not responsive, you cannot get any meaningful response except those excuses.
9. You are guilty first, you do not have any chance to provide any assistance to them, and they won�t request any either.
retrohatao willgetgc2005 wam4wam & stirGC,
Thank You for your input. This is very helpful to highlight the name check problem. The problem description and proposed solution by retrohatao are very good. However, just allow me to share a bigger picture. There is no difference between any issue is being categorized by someone to be a sub-issue or if an issue is categorized as main issue. What is important is that the issue is being addressed ....
willgetgc2005, just so that you know, I am also stuck in name check since June-04 and my 485 is pending since Oct-03. Just like you, this issue directly affects me. No doubt this is a very important issue. As berkeleybee mentioned, this is being addressed and communicated to the lawmakers and CA team did an excellent job in making the presentation to the lawmakers.
Even though name check delay issue directly affects people like you and me, know that this is not the only important issue. The point is, many people only care about getting to the next stage of GC process. If someone's labor is stuck, that group thinks that labor certification clearance should be the top priority. If someone's 140 got rejected, then that issue should be the only issue on IV's agenda. If someone is not able to apply for 485, then that person wants to make that as the top priority. If someone is a PHD, then that person wants the top agenda should be to get GC to the guy who has PHD and the argument presented to us is - don't you get it, I am a "PHD". The other day there was a group of people including techworker_tn1, helpful_leo etc who wanted to form their own group for PHDs. And now, if someone's name check is delayed, then we say that everybody will have to go through it sometime in the later stage, so this issue should be on the fore-front of the list of issues.
I am slightly perplexed by the behavior of some members who seems to indicate that we are in some sort of race with one another. And these members seem to send out a message that says - if their issue is not listed as top priority goal then all other issues that IV is working to resolve or all the work being done by IV is worthless. I am slightly disturbed to read posts like the one from wam4wam which says that he/she hopes that bill is not passed till his/her name check is cleared.
This is a sincere request to everybody. If all that we think about is 'what's in it for me', then we cannot find commonality among ourselves. And thus no progress is possible. Know that with this thought process, nothing will happen.
IV is an organization made by people like you and me. If everybody's objective is to get to the next stage of green card process, know that we are not behaving like matured and "educated" class that we all claim to belong. Just reaching the next stage of the process is something like looking for instant gratification which actually doesn't help the cause or the complete green card process.
Most humbly, I would like to request you to post your experiences with how many people you have communicated about the efforts of IV? How many people you have convinced to join IV? What is the success rate? Were you able to persuade the people to contribute for this cause? Those things will help more than anything else. If IV is bigger and stronger, we can together address each and every issue. Ask yourself, how is it possible to continue to include more agendas and not come up with more helping hands and more resources and expect to succeed?
If you do not see a favorable post or see a post that doesn't contain something that you want to hear, please do not infer that nobody cares or as if no one is doing anything. That post may just express somebody's opinion. I must mention that everybody wants their agenda to be pushed to the top. If there is some sort of a debate from others in the forum, I see that group of people starts backing off and starts posting messages to communicate as if this forum or IV is not doing what it should; Or some people start posting messageas hoping that bill will not pass if their agenda is not addressed.....and on and on. Please let me share that this doesn't help anybody.
retrohato, Would you like to take the lead on making name check to the forefront and address it in every possible manner? IV needs sincere people like you who can spend time to do each task. We have very good ideas on how to approach this issue and find a solution to this issue. If you could please take the lead on this issue, know that name check is top priority of IV. I would request you to please call us at anytime convenient for you and express that you would like to work on this issue. We need people who are ready to take ownership of issues and are ready to deliver. Would you like to join this effort actively?
Just so that everybody know, Immigration Voice could include 'World Peace' as one of the agenda items. But just including something as Goal doesn't mean that it can be achieved. To achieve anything that is listed as goals or to meaningfully add anything to the goals we need more serious people and more resources. If you are interested to actively contribute, please call us and we will connect you to the larger group of people to team-up the work for this issue. It is ok if you are not able to participate actively. It would help if you could please encourage others to take up the responsibility. Just because people are not agreeing with you, posting negative or discouraging messages will not help anybody.
America is a great nation. That is why we want to stay here and want our GC sooner. JFK once said that 'Ask not what your country can do for you, ask what you can do for your country'. One of the reasons why America is Great is because of the people of this great nation delivered what JFK said. We all could learn from this and before making any claim to being part of the American fabric or before claiming to be from "educated" class, maybe we need to stop behaving in way that only sends out the message 'what's in it for me'.
more...
prioritydate
01-18 12:20 PM
Got lots of reds as expected. Excuse me for using strong words. I'm sympathetic towards everyone who has lost jobs or fears layoffs. I have weathered the 2001 storm in the valley. It was horrible. However, people buy expensive real estate without obtaining permanent residency first and then start laughing at others for being so conservative. Its utter stupidity. In one of the other threads I was arguing with some one over whether its a good time to buy a house or not. I am totally for buying a house even in these uncertain times provided you are a dual income and provided you have your green card and despite that some folks didn't agree with me at all!
Today, buying hiouses is risky but folks don't realize if you are on H1B, it is a temp visa you are sticking your neck out. Even if you have your EAD, it doesn't mean shit. If your employer revokes your 140 you are more or less doomed, unless you are very lucky. Now, please don't dispute this statement of mine by presenting legal facts.
I look at it this way, your gc is controlled by your employer, you get laid off by your employer, your company has ZERO interest in keeping your job position alive and considering employing you at a future date. Period.
H1B is not green card, EAD is not green card, your PD being current is not a green card.f you think you can transfer your H1 with some consulting firm and retain H1 status on bench, you are playing with fire.
Giving reds to me is not going to change the basic facts. Leaving your cars and your houses behind without paying your dues is the worst crime in the book. It destroys your credibility. Not only that you, main street, are then responsible for mortgage crisis and then you coolly blame the wall street and Mr. Bush for everything that goes wrong.
Spoken like a true moron. So, you're suggesting that people cannot buy house or a new car while being on a H1B? How many peoples need to held their soul hostage and kill their desire to lead quality life? May be you are prisoner for your fears forever. Let other enjoy their life! Oh! by the way, I don't give a flying fox about your negative remark or giving me red. I simply don't give a damn!
Today, buying hiouses is risky but folks don't realize if you are on H1B, it is a temp visa you are sticking your neck out. Even if you have your EAD, it doesn't mean shit. If your employer revokes your 140 you are more or less doomed, unless you are very lucky. Now, please don't dispute this statement of mine by presenting legal facts.
I look at it this way, your gc is controlled by your employer, you get laid off by your employer, your company has ZERO interest in keeping your job position alive and considering employing you at a future date. Period.
H1B is not green card, EAD is not green card, your PD being current is not a green card.f you think you can transfer your H1 with some consulting firm and retain H1 status on bench, you are playing with fire.
Giving reds to me is not going to change the basic facts. Leaving your cars and your houses behind without paying your dues is the worst crime in the book. It destroys your credibility. Not only that you, main street, are then responsible for mortgage crisis and then you coolly blame the wall street and Mr. Bush for everything that goes wrong.
Spoken like a true moron. So, you're suggesting that people cannot buy house or a new car while being on a H1B? How many peoples need to held their soul hostage and kill their desire to lead quality life? May be you are prisoner for your fears forever. Let other enjoy their life! Oh! by the way, I don't give a flying fox about your negative remark or giving me red. I simply don't give a damn!
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coolgc
07-12 04:22 PM
Hope, they move further in next month's bulletin.
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nandakumar
12-27 06:07 PM
There are couple of postings in Murthy.com
Please participate so that others can view and potentially could become members of IV
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=7141062241
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=5171092241
Please participate so that others can view and potentially could become members of IV
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=7141062241
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=5171092241
tattoo Jennifer Garner#39;s long, curly
bigboy007
07-18 12:34 PM
i think we need to wait till a week more and then give a call back to USCIS just to make sure , as per my understanding and my lawyers info none were rejected and they will be accepted.
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gc28262
08-10 03:26 PM
Before proposing a solution, we need to make sure these are valid arguments. We need to crack INA ourselves to make sure were making a valid legal argument.
Those of you are willing to join effort on the following thread, please pm GCPerm.
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1599562-team-visa-allocation-by-dos.html#post1977684
Those of you are willing to join effort on the following thread, please pm GCPerm.
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1599562-team-visa-allocation-by-dos.html#post1977684
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lazycis
01-19 07:35 AM
Very interesting. When we applied for 485/EAD/AP, our lawyer specifically asked for color passport copies of the first few pages. I went ahead and made copies of all pages. Am I in trouble?
That was exactly my thought! I think people who say it's illegal to make a copy and provide it for other than personal use should give us a reference to the applicable law, I am not aware of the specific law regarding this. If anybody could point out the source of information, that would be great.
BTW, here is the quote from the Department of State website
http://travel.state.gov/travel/tips/emergencies/emergencies_1197.html
"If you can provide the U.S. embassy or consulate with a photocopy of your passport identification page, that will make getting a new passport easier since your citizenship and identity information would be more readily available."
That was exactly my thought! I think people who say it's illegal to make a copy and provide it for other than personal use should give us a reference to the applicable law, I am not aware of the specific law regarding this. If anybody could point out the source of information, that would be great.
BTW, here is the quote from the Department of State website
http://travel.state.gov/travel/tips/emergencies/emergencies_1197.html
"If you can provide the U.S. embassy or consulate with a photocopy of your passport identification page, that will make getting a new passport easier since your citizenship and identity information would be more readily available."
more...
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hara_patta_for_rico
07-10 08:12 AM
It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....
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dummgelauft
03-12 10:10 AM
To all those who are screaming and shouting about "IV collecting Donations and doing nothing", I am not a donor myself, but we have to understand that IV IS THE ONLY platform we (EB community) have. However shaky or small the platform is. It takes a different kind of person to doggedly keep at something as insipid and difficult and immigration relief for EB and to put up with all the brickbats that armchair immigration proponents and to be beneficiaries like us throw at the IV core.
Pappu, I have put forth this idea many times, and will do so again, let IV be a members only forum, with a REASONABLE annual subscrition amount (say equal to themonthly cost of a decent cable/satellite subscription:-)..
This will achieve the following:
(1) Assured, stable fund collection for IV activities
(2) Only genuine IV supporters will sign up.
(3) To some extent, may be, will keep antis away (this is not assured, but may happen)
...Its Friday, so pickup a 6-pack, 12 pack or whatever pack on your way home, and relax...
Pappu, I have put forth this idea many times, and will do so again, let IV be a members only forum, with a REASONABLE annual subscrition amount (say equal to themonthly cost of a decent cable/satellite subscription:-)..
This will achieve the following:
(1) Assured, stable fund collection for IV activities
(2) Only genuine IV supporters will sign up.
(3) To some extent, may be, will keep antis away (this is not assured, but may happen)
...Its Friday, so pickup a 6-pack, 12 pack or whatever pack on your way home, and relax...
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waitin_toolong
08-15 04:38 PM
Please link it.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
Jaime
09-13 09:50 PM
PM me! We want to see as many of us in DC next Tuesday!!!! Let's go guys!!!!!
PD200711
06-11 01:03 PM
Sent to my Senators (NC)
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