realizeit
05-08 07:08 PM
I think, this argument is wrong! Legally, any descrimination based on national origin is not valid.
Even if congress passes a law, it can be challenged in court - and court can declare the law as unconstitutional based on the basic rights allowed in the constitution. If we can prove that a law is against the constitution, court can declare it as invalid.
See the Justice Departments Site validating this argument (link below):
http://www.usdoj.gov/crt/legalinfo/natorigin.php
IN US, CONSTITUTION is above, CONGRESS, JUDICIARY and EXECUTIVE branch. ALL LAWS IN the US must obey the principles laid out in the CONSTITUTION.
At present, in the United states there are 1000s of (state and federal) law provisions which acts against the constitution. Until someone challenges those, it will stay the same.
Department of Justice's CIVIL rights division will take up cases related to any discrimination based on National Origin.
In this case, one arm of the Federal goverment is discriminating us and we need to have some help from the other arm of the government (Department of Justice) and the Judicial System, to prove this discrimination.
If we can prove in a court that this is discrimination , that day onwards, country quota will become invalid. Congress has to alter the law then.
I dont believe in flower/food/sos campaigns to resolve this problem...just because it worked once before doesnt mean it is going to work again..have we pursued a class action lawsuit against Department of State/Labor/USCIS for unlawful discrimination based on the country of birth in Employment Based Visas. Any idea if IV core ever took up this path? Can we attempt to do this? What are the costs involved and can we get some good lawyer representation to this goal?
You can only go in court if some agency is not following law disigned by congress. You cannot challenge congress in Court to change law.
Please contribute / Join State chapter / join evey campaign by IV . We have plan to fight for counrty cap along with recapture and some other stuff.
So Please join and ask your friends to join.
Even if congress passes a law, it can be challenged in court - and court can declare the law as unconstitutional based on the basic rights allowed in the constitution. If we can prove that a law is against the constitution, court can declare it as invalid.
See the Justice Departments Site validating this argument (link below):
http://www.usdoj.gov/crt/legalinfo/natorigin.php
IN US, CONSTITUTION is above, CONGRESS, JUDICIARY and EXECUTIVE branch. ALL LAWS IN the US must obey the principles laid out in the CONSTITUTION.
At present, in the United states there are 1000s of (state and federal) law provisions which acts against the constitution. Until someone challenges those, it will stay the same.
Department of Justice's CIVIL rights division will take up cases related to any discrimination based on National Origin.
In this case, one arm of the Federal goverment is discriminating us and we need to have some help from the other arm of the government (Department of Justice) and the Judicial System, to prove this discrimination.
If we can prove in a court that this is discrimination , that day onwards, country quota will become invalid. Congress has to alter the law then.
I dont believe in flower/food/sos campaigns to resolve this problem...just because it worked once before doesnt mean it is going to work again..have we pursued a class action lawsuit against Department of State/Labor/USCIS for unlawful discrimination based on the country of birth in Employment Based Visas. Any idea if IV core ever took up this path? Can we attempt to do this? What are the costs involved and can we get some good lawyer representation to this goal?
You can only go in court if some agency is not following law disigned by congress. You cannot challenge congress in Court to change law.
Please contribute / Join State chapter / join evey campaign by IV . We have plan to fight for counrty cap along with recapture and some other stuff.
So Please join and ask your friends to join.
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ash0210
03-09 11:32 AM
I am from retrogressed country, I am here for last 12 years & did not got depressed as I do not have GC. In my early years in USA, I used to get depress as I was not having GC but then I started thinking...Is GC is the ONLY important thing in my life?
I started concentrating on my work, constrained my self on checking now& then PDs, LUD's. If feellt depresssed - listening Indian classical music and involving in local commuitiy activities/helping kids in their studies..
Life is beautiful, GC is just part of my life and GC do not drives my life..
Well, I am TOO depressed about the BEC performance. I know too many people are in same situation but I find myself "helpless" and at least i want to SCREAM......:mad:
I started concentrating on my work, constrained my self on checking now& then PDs, LUD's. If feellt depresssed - listening Indian classical music and involving in local commuitiy activities/helping kids in their studies..
Life is beautiful, GC is just part of my life and GC do not drives my life..
Well, I am TOO depressed about the BEC performance. I know too many people are in same situation but I find myself "helpless" and at least i want to SCREAM......:mad:
saisujatha123
05-12 06:45 PM
Some one tell where and how to send flowers?:confused:
Please advice
Please advice
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TheOmbudsman
06-26 10:32 AM
That's very typical. A while back an employment lawyer here in America told me that during negotiations with a picky employer that in case I felt left out at work, I should argue that the employer was being racist. Usually when people lose arguments in this debate, since one cannot win with reasoning, they start throwing the word "racist", "xenophobe", etc even if that is not the case at all.
Its not about stereotyping...its about being fair....how can people who have come here illegally be allowed a path to naturalization while we have been waiting in line for so long? I came here because I had a certain idea about the makeup and composition and ideology of this country (liberty, equality, etc.) Making such a move will invariably change the demographic of the nation. Now that would be an intentional act. Not the natural pace at which migration/assimilation and diversification occurs. I have nothing against that.
Would somebody call you racist if you say that you dont want to move to a ghetto because the standard of living is not good? NO. The fact that you dont want to move to a ghetto does not mean that you are prejudiced about the people who live there.
The statement about corruption and inefficiencies is not slander but just a simple observation. If you dont agree with that, then most likely you would prefere to live in/immigrate to some Latin country instead of being here/coming to USA.
I wont open the argument about the burden the illegal people will put on welfare etc. considering that they are typically from a income bracket that does not contribute much to taxes.
It is very easy for people to use a cliched terms like racist/bigots etc when arguing for amnesty but if racism was the core argument against amnesty, one would not see the kind of backlash that one is seeing from the masses after CIR was introduced.
All Americans think it is unfair to reward behaviour that is against the law. Not to mention the fact that they will have to take the burden of welfare of the legalized illegal people while they themselves dont know if there will be any welfare/social security benefits available when they are ready to retire.
If you calling someone racist, please explain why you are saying so.
Santosh
Its not about stereotyping...its about being fair....how can people who have come here illegally be allowed a path to naturalization while we have been waiting in line for so long? I came here because I had a certain idea about the makeup and composition and ideology of this country (liberty, equality, etc.) Making such a move will invariably change the demographic of the nation. Now that would be an intentional act. Not the natural pace at which migration/assimilation and diversification occurs. I have nothing against that.
Would somebody call you racist if you say that you dont want to move to a ghetto because the standard of living is not good? NO. The fact that you dont want to move to a ghetto does not mean that you are prejudiced about the people who live there.
The statement about corruption and inefficiencies is not slander but just a simple observation. If you dont agree with that, then most likely you would prefere to live in/immigrate to some Latin country instead of being here/coming to USA.
I wont open the argument about the burden the illegal people will put on welfare etc. considering that they are typically from a income bracket that does not contribute much to taxes.
It is very easy for people to use a cliched terms like racist/bigots etc when arguing for amnesty but if racism was the core argument against amnesty, one would not see the kind of backlash that one is seeing from the masses after CIR was introduced.
All Americans think it is unfair to reward behaviour that is against the law. Not to mention the fact that they will have to take the burden of welfare of the legalized illegal people while they themselves dont know if there will be any welfare/social security benefits available when they are ready to retire.
If you calling someone racist, please explain why you are saying so.
Santosh
more...
test101
07-04 07:09 PM
Mine was mailed by june 29th and was delivered by July 1st at 10:10 pm by United states postal service (priority mail). Do not ask me how.. it's still a mystery to me.
Some how it confirm that USCIS was working over the weekend
Some how it confirm that USCIS was working over the weekend
seshuvaidehi
08-25 06:32 PM
Reached application to NSC on 7/23. No checks cashed yet.
Anybody else there with 7/23 received date?
Anybody else there with 7/23 received date?
more...
arc
08-13 03:02 PM
Mine is EB2, reached July 2nd at 7.55 AM Fedex received by Robin Williams at NSC and I got the check cashed and has receipt numbers but my I140 LUD is not changed. But my I-140 was already approved and it was not concurrent filling. So if its not concurrent filing then I think I140 LUD should not change or not related to 485 receipt notice? Am I right?
Mine is 485 only my 140 was approved earlier, but mine is EB3 - PD 08/2006 what is your PD? Did you get the FP notice?
Mine is 485 only my 140 was approved earlier, but mine is EB3 - PD 08/2006 what is your PD? Did you get the FP notice?
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Deepika
07-04 03:46 PM
My application was delivered on Jul 2, 12:15 PM to Nebraska and signed by Robert Picture .
more...
gcsucks
05-04 02:31 PM
Im really not sure if this helps EB3 cases. for example in my case i have a bachelors degree + 10 years expereince and stuck in EB3. I dont think this will help me because I dont have an US degree.
Correct me if im wrong.
Correct me if im wrong.
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anukcs
09-30 03:13 PM
I'm currently on my 4th EAD & AP, and I used AC21 twice so far to switch jobs (similar job descriptions, including the specific technologies I worked on). On both occasions, I have not informed USCIS. My attorney said one is not legally required to do so, and that we could respond if there is any RFE.
But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.
As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.
I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).
I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.
Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.
All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!
Thanks for the info. How early we should renew the EAD? TIA. anukcs
But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.
As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.
I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).
I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.
Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.
All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!
Thanks for the info. How early we should renew the EAD? TIA. anukcs
more...
gc28262
03-07 11:02 AM
Good point, has anybody asked this to any lawyer ? Can we challenge this in court ? This is the definition of judiciary review...If we can proove the country cap to be unconstitutional..
Judicial Review is when the Supreme Court reviews an act of Congress to see if it is Constitutional.
Judicial Review is the power of the Supreme Court to declare a law unconstitutuion (violation against the laws of the Constitutuion).
Do we have any reference to say it is unconstitutional ? If EB country cap is unconstitutional, FB cap would be unconstitutional too.
IMO this entire country cap rule has racist intent. If the caps were to promote diversity, the cap should be based on ethnicity of US population (ctizens and GC holders). Are Indians and Chinese a a mjority in this country ? No.
How does putting a cap on total visa allocation per year promote diversity ?
Judicial Review is when the Supreme Court reviews an act of Congress to see if it is Constitutional.
Judicial Review is the power of the Supreme Court to declare a law unconstitutuion (violation against the laws of the Constitutuion).
Do we have any reference to say it is unconstitutional ? If EB country cap is unconstitutional, FB cap would be unconstitutional too.
IMO this entire country cap rule has racist intent. If the caps were to promote diversity, the cap should be based on ethnicity of US population (ctizens and GC holders). Are Indians and Chinese a a mjority in this country ? No.
How does putting a cap on total visa allocation per year promote diversity ?
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sujith1
07-30 09:10 AM
Receipt Date - July 11
Card Production Ordered July 29
This is for me. For my spouse also it was filed at the same time with same RD. No update on that - Hers was a renewal vs mine was new and she needs it more than me since hers will expire soon.
No logic to any of this :mad:
Card Production Ordered July 29
This is for me. For my spouse also it was filed at the same time with same RD. No update on that - Hers was a renewal vs mine was new and she needs it more than me since hers will expire soon.
No logic to any of this :mad:
more...
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contactkpatel@yahoo.com
08-27 01:29 PM
Hi All,
Me and my wife got our physical cards today. Buit the issue is my wife last name hasnt not been changed to my last name. It is still her maiden name. We have requested them while filing for I-485 with our marriage certificate.
We can still live with this but there SSn, Passport everything has been changed to my last name already. even has EAD card had my last name.
Any sugguestion as wat can be done. We r afraid were gettin our green card happiness will take a while now.
Me and my wife got our physical cards today. Buit the issue is my wife last name hasnt not been changed to my last name. It is still her maiden name. We have requested them while filing for I-485 with our marriage certificate.
We can still live with this but there SSn, Passport everything has been changed to my last name already. even has EAD card had my last name.
Any sugguestion as wat can be done. We r afraid were gettin our green card happiness will take a while now.
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RandyK
11-21 02:45 PM
Mehul,
I don't know what to say, I have been thinking all day about what you may be going through.
Then I thought of what I would do if I were in your situation... I thought of people like Lance Amstrong and many others who have battled hard and have proven doctors wrong.
Like many here suggested, get a 2nd or 3rd opinion.
I hope and pray that you will find that inner determination to fight back.
We are all behind you!
I don't know what to say, I have been thinking all day about what you may be going through.
Then I thought of what I would do if I were in your situation... I thought of people like Lance Amstrong and many others who have battled hard and have proven doctors wrong.
Like many here suggested, get a 2nd or 3rd opinion.
I hope and pray that you will find that inner determination to fight back.
We are all behind you!
more...
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desi3933
08-18 02:04 PM
Is there anyone who is with me, anyone at all? I need around 15 people to kick this off...
I am just looking for three things
a) A letter that we will jointly send to few people. Urging them to follow a fair system.
b) Talk to your lawyer to discss with AILA
c) Talk to you chapter leader.
You forgot to mention (d)
(d) logoff and close account at IV after getting GC
I am just looking for three things
a) A letter that we will jointly send to few people. Urging them to follow a fair system.
b) Talk to your lawyer to discss with AILA
c) Talk to you chapter leader.
You forgot to mention (d)
(d) logoff and close account at IV after getting GC
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b_boy
02-22 06:01 PM
well, really I dont have words to express what frustration means, so be it. my PD is Nov 2003 (original Labor) and filed 485 in June 2004 and have 7 EAD cards thus far.
Started to work on EAD since 2005.
This is my 11th year in this country, never tried to do labor substitution always was and is a legal and law abiding since I came to this country on H1, despite changing jobs been as a developer since then - till now.
This GC process got me grey very soon, unsure if I become bald. This is the state of legal immigration in this country, God bless.
Started to work on EAD since 2005.
This is my 11th year in this country, never tried to do labor substitution always was and is a legal and law abiding since I came to this country on H1, despite changing jobs been as a developer since then - till now.
This GC process got me grey very soon, unsure if I become bald. This is the state of legal immigration in this country, God bless.
more...
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delhiguy
07-07 08:44 AM
What about the applications received before release of bulletin?
When DOS doesnt have a Immigrant Visa available , its just not available.
DOS made it effective 2nd ,
"Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. "
USCIS by law cant accept any applications effective 2nd.
People whoes H1B applications were accepted on first day and then were rejected , Can they have done something?
Sir , we are screwed, thats doesnt mean a law is broken
We need the legislature intervention to make the limit higher.
When DOS doesnt have a Immigrant Visa available , its just not available.
DOS made it effective 2nd ,
"Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. "
USCIS by law cant accept any applications effective 2nd.
People whoes H1B applications were accepted on first day and then were rejected , Can they have done something?
Sir , we are screwed, thats doesnt mean a law is broken
We need the legislature intervention to make the limit higher.
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ravi.shah
02-14 12:22 PM
Contributed $50.
Just became a proud IV Recurring Donor !
Folks, please contribute NOW. Please dont wait till April...
Thank you.
Just became a proud IV Recurring Donor !
Folks, please contribute NOW. Please dont wait till April...
Thank you.
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priti8888
10-08 08:34 PM
First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
Well said !
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
Well said !
gccovet
02-09 02:14 PM
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GCCovet
Transaction Id: 49C78926VG6647649
Contributed via paypal
Thank you all,
Keep up the good work.
Thank you Kate123 for your kind contribution!!
GCCovet
SunnySurya
08-29 01:51 PM
Yes, I do have an update. See my posting the Lawsuit thread.
Any update on your lawsuit?
Any update on your lawsuit?
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