Friday, June 17, 2011

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  • Canuck
    02-16 09:11 PM
    Pls dont forget! More than US needing U, U need US. They get immigrants via temporary visas all the time to fulfill their needs. So, they dont actually need U to be a permanent resident here. So, walk out if u dont like their policy (which u r wrongly calling Divide and Rule by the way) or abide by it and wait.

    Really? If all 500K of us waiting in line were to resign the same day and walk out of the country, the U.S. would be reeling from our loss.

    It's people like you that perpetuate this "Yes sahib" mentality. How did these Americans become successful? They walked into the North American continent, hacked down all the natives and acted as if they owned the place. While I would hope that we are beyond the barbarous hacking and killing phase, we too should walk into this land and act like we own it. Folks like you that bow their heads down to their American masters and accept every knock that falls upon it with a smile on their face are the exact kind of meek individuals that the Americans are looking for - one who will not question any law as unjust and jump to it.

    If the Africans had just continued to abide by slavery, they would never have gotten their freedom, just because, "it's the American policy."

    Learn to stand up for yourself and question authority or remain subjugated under tyranny for the rest of your life - the choice is yours, Mr. Venkatappa.





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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....





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  • LONGGCQUE
    06-10 03:59 PM
    Just sent it Nebraska Senators





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  • delhikadesi
    11-11 01:16 AM
    You will cure a lot of ppl, atleast I burst in laughter..


    PCS - What you are suffering from is known as PVBS (Post Visa Bulletin Syndrome). It is very common in Indian and Chinese community living in the US.

    This condition stays with the patient/sufferer for 15 days or so and then disappears like a f*a*r*t in the wind. It is more likely to happen to those who fall under EB-2 category and especially those who are 6 months or so from priority date to be current. This condition keeps re-appearing till the patient gets green card and then it gives birth to another condition call PGCS (Post Green Card Syndrome). Typically, that condition lasts for 5 years till the patient gets US citizenship. There are some documented evidences that Amway and QuickStar have tried to fix this condition but medical community is yet to approve that.

    Laughter is the only known cure of this condition. Returning back to home country can also cure this condition.



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  • dressking
    09-28 10:00 AM
    While we are trying our best to fix a broken system and brace ourselves, lets take a look at what is happening in other parts of the world.

    European Union is introducing a Blue Card that will allow you to work in any of the EU coountries

    Euro value is rising against dollar

    Opportunities will be on the rise with strengthening the currency.

    Lets run this thread for sharing views, opinions, experiences and anything related to the EU

    Maybe there are better laws there. But the people there are not fundamentally different. So I expect to have to face many of the same problems we are facing here. I have heard of a lot of anti-immigration sentiment and even laws in Europe.

    After all it is White Americans who emigrated from Europe who are the majority here. And we are facing the most fierce resistance from them here. What do you expect of those who are native, not immigrants or of immigrant decent.

    When they need you, they make it easy for you to move there to work for them. When they don't need you, they can kick you out or make life so miserable for you that you don't want to live there any more.

    Just think of what the Germans did to Jews in WWII. WWII seems like a distant memory to us. But "there is nothing new under the sun". People are still people. Their genes have not been significantly modified. They will still have the same thoughts and emotion. Only those who are better educated can be somewhat different. But educated people are never in control of their societies.

    I feel that the oppression from White Americans in America is enough for me to bare already. I don't want to risk moving into White people's native territory unless it is just temporary.





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  • dontcareanymore
    12-12 03:48 PM
    With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.

    TRUE . I wish they review even approved EB2s (not just ported , but all) and deny them if they are not legitimate or "genuine" in your speak. I also wish they compare the job duties of all these EB2s with others and even perform on-site checks. Then all ORIGINAL and GENUINE EB2s can get the GC.



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  • stucklabor
    07-25 08:43 PM
    Guys,

    This argument is not new. I had started a thread a while back http://immigrationvoice.org/forum/showthread.php?t=556&highlight=bkarnik
    which met with essentially the same reply from the IV moderators. My underlying issue is that the term "EAD" or anything remotely similar does not even appear in the INA unless I missed it and if so, I would really appreciate it if someone show me where it is.


    Once more unto the breach, my English friends.

    BKarnik, there are sections in INA that use the phrase "Employment Authorization". For instance, see this base page for INA.

    http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20?f=templates&fn=document-frame.htm#slb-act

    Sec. 106 deals with Employment authorization of battered spouses, right on the front page of the link. There are other sections in INA that deal specifically with Employment Authorization. The problem obviously is that each class of aliens eligible for Employment Authorization has their EAD specified in their own section. 8CFR ties all of these classes together in a single place.





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  • vamsi_poondla
    09-26 10:00 AM
    I think IV core must be taking some action in response to this CNN report. Does anyone know about action from core?

    You are also part of IV. You can stand up for any such mis-information and educate rather than waiting for Core team to do something (they may have other priorities)

    Let us all send an email to the editor from the link on the page and protest. Let us see if CNN publishes an errata.



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  • nixstor
    07-02 10:56 PM
    This is because Rajiv Khanna and Murthy do not like each other and compete with each other. Murthy is on the board of AILA and Rajiv is not. So murthy will promote the lawsuit and rajiv will not.

    Competition is a good thing. How ever, your post sounded like they feud with each other no matter how much genuine the issue is. Why would any of them would like to be at the end of losing if they know for sure that the other is winning? Any sane mind will join the bandwagon, esp when their business interests are at stakes.

    Keeping it aside, I did not mean to dampen any one's spirits on filing a law suit. I had similar thoughts in my mind and it just happened to be similar to Rajiv Khanna's. I could be wrong in this case. I will be very happy if we come out in flying colors in this law suit. How ever my preference is to get more and more media/blog attention and try to get recapture/ability to file 485 based on the momentum we build because of this screw up by DOS & USCIS.





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  • delhirocks
    07-28 03:02 PM
    Its amazing how the self proclaimed defenders of Hinduism think that the religion is so fragile. Last I checked Hinduism is known to be >5000 years old, withstood countless aggressors/forced conversions for over 1000s of years, absorbed various cultures and ethnicities to remain one of the dominant religions in the world.

    Its asinine to think that the religion/culture that withstood Aurangzeb will be diminished by a freakin IPA.

    It is my view that folks who get offended by something as trivial as this, are reflecting their own insecurities or even their lack of faith in something they have been led to believe in.



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  • chanduv23
    09-28 09:59 AM
    The topic is to discuss the pros and cons. Thanks for all your excellent perspectives. Lets keep this discussion going.

    It is very obvious that America is still the best place in the world.

    300k green card petitions in July itself says how much people want to be here.

    But when it comes to supporting our cause, many people just back out.

    I do not want to deviate from the topic, but it will be great if people put their prespectives. So lets keep the discussion going





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  • sidbee
    05-26 06:04 PM
    While on the way back from White Mountains in NH, our car was stopped on I-93 south by the US border patrol. They were stopping every single vehicle to question. They had over a dozen Govt vehicles with 40-50 people in uniform. My buddy was driving.
    Officer : Sir what is your status in the US ?
    Buddy: I am on L1 visa
    I: H1B
    buddy's wife: L2
    my wife: H4
    officer: is anyone US citizen ?
    I: my son is (he was sitting in the car seat)

    Officer: (to my buddy) Is your visa still valid ?
    Buddy: yes
    officer: do you have documents to prove your status?
    buddy: i have some papers in my bag which in the the trunk
    officer: can you show me?
    (buddy got out showed him tax papers and answered some questions)
    officer: did they not tell you you are supposed to carry your papers while travelling?
    buddy: I came over a year ago so i don't remember
    officer: I am letting you go, but i could have fined you $2000; $500 for each pasenger with no papers.

    I was so pissed off by this experience, clearly they are doing this to harrase immigrants. theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?

    http://www.foxnews.com/projects/pdf/immigration_Border_flyer.pdf

    I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.

    Just out of curiosity.

    You were not asked to show any documents (your friend was)?
    May be because your son is a US Citizen...



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  • Hermione
    09-26 11:12 AM
    Macaca (love your handle, by the way) - wait. All the editor is going to do as a result of these requests is to yank two sentences about the rally out of the article. IV rally does not belong in this article, so all you are going get is LESS publicity. Yes, the article was not factiually correct, but it is not major mischaracterization. It's OK. I'd rather take a CNN article with a slightly incorrect mentioning, then no mentioning.

    Just my $0.02

    The email should have info so that recipient can verify that rally was for EB GC issues and not H1B issues.

    Say rally was organized by IV.
    Put link to IV so they can check IV agenda.
    Put link to Washington Post/NY Times article that correctly reported the rally.





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  • mjadala
    09-10 05:35 PM
    Guys,
    The link isnt working for me too.

    I hope things work in favor with this bill today, but if not, we must ask for Citizenship instead of Greencards. Anyone with me.,

    We have all waited for 5-10 year and there are many who got it in one year and then Citizenship in 6-8 years from the day they got their GCs. That was the normal timeframe. But due to their inefficiency, we are waiting this much time. NOT our fault. Now dont you guys think we must ask for Citizenship.. I thought my case was too stressful, came 99, applied 04, waiting for 485 now, but I have seen so many many stories of ohter guys also here who suffered more. I feel we must ask them Citizenship. If we get, great, else atleast we end up with GC.
    Anybody with me,

    Thanks,
    Sri.,

    Came in 98; applied in 04, waiting.



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  • minimalist
    09-10 12:29 PM
    girijas, your comment is both funny and sad... we are behind horses.. :(
    The picture is not pretty.





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  • jayleno
    07-13 11:57 AM
    Buddy...what do you mean source please...scroll up and look for an attachment. Use it.
    Source please... or are you just kidding ?



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  • virald
    07-18 09:49 AM
    What is meant by "Rejected" here?

    -FedEx not accepted on July 2nd
    -They took the packet and in 2-3 days they opened it and returned back some after inputting in their database
    -Packet is still with them but they generated a rejection notice that was sent to lawyer/candidate
    -Rejection email was sent to lawyer/candidate
    OR
    -USCIS's July 2nd bulletin just said all applications received would be returned/rejected and Greg's thought is that the whole pile must be kept somewhere with the action planned "to be rejected" and nobody is taking action on it and USCIS has to be made aware about that or in their yesterday's UPDATE they forgot to touch about this. ( To me this is internal processing matter of USCIS)

    Well to be honest with you, I was 1 million % convinced that we all should be OK because yesterday's press release very clearly mentions " All properly filed cases would be accepted" until I stumbled on Greg's blog. Now I am confused as well.

    I contacted my attorney but so far no reply. Will update all of you.

    I don't think so that we have to refile as it does not make sense. Plus even those who are rejected would have proof of filing )FedEx and rejection notice and through Motion to reopen case can be resurrected. Pls keep everybody updated as and when your attorney advises you.
    Thanks

    Rejection means -- packets opened, and, returned as reject because dates not current.
    I am also convinced that, if one has not gotten the package back, the person should be okay. But, just want to get the confirmation that we will be okay proactively rather than waiting.
    I'll post as soon as I find out from my lawyer.





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  • bestin
    12-21 08:33 PM
    Hi,
    My friend working in company A on L1...he has approved H1 also...if he needs to move from L1 to H1, does he needs to go out of country and get it stamped before he starts working on H1?
    AFAIK,a person can have only one status at a time.He is already in H1 if he had a I94 attached.However if he intends to travel out of the country and reenter he needs to get his visa stamped .If he has applied 485 then, he also has the option of using AP ,if it is approved.





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  • grinch
    02-27 07:14 AM
    Aw great work man!
    I love it, I'm sure it'll be one of the top renders!





    EB2_Jun03_dude
    02-22 11:15 AM
    I guess this dude(Greg) does not know @ EB2 India went 'U' even after pushing back Jan 2000.

    I asked Greg Siskind about this. Heres his response:

    "I did get this news about the meeting, but did not post on it as it sounded like it was not going to affect that many people. I would doubt that there are a lot of Indian EB-2s left with 2003 priority dates, but I could be wrong."





    eb3_nepa
    07-28 01:21 PM
    Ok people.

    With all due respect to Lord Ganesha. This discussion is going nowhere.

    Please consider taking some time and becoming a member of the HIGH FIVE campaign.


    All IV asks you for is JUST $5.00. Thats IT.

    http://immigrationvoice.org/forum/showthread.php?t=20183

    Thanks.



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