Mike Tyson Tattoos

Thanks bud. Yeah, I seem to have a "Ceiling" fetish. :D

Anyways I only did a quick scan of your rather utopian scenario. But wouldn't the following help the that situation?
1) Flow of un-used visas from ROW to OS countries
2) Increase the TOTAL EB quota
3) Exclude dependents
4) Re-capture ( If any. But I doubt there will be anything left to recapture because in your Shangri-La USCIS would have been efficient enough to use up all the visas in the previos fiscal years).

(I do detect some bitterness in your tone. I am only here to offer my view so please don't take it personally)

Either you are kidding or wasting everybody's time. This thread is all about "investigating constituionality and effects of "Per country limit" . Nobody is saying, repeat, nobody here is saying that OTHER AGENDAS defined by IV should not be pursued or will not be pursued. Do you have anything to add about "Per country limit?

Hi there,

Here is my situation, any help to resolve this is appreciated.
- My self (primary) & my wife's(derivative) I-485's (PD June 2002) were filed in March 2007.
- My I-485 was approved in July 2007, my wife's was pending due to NC.
- My wife's employer filed PERM (PD June 2007) & then filed I-140 in March 2008.
- We recently contacted NSC regarding my wife's case status, we received a letter from them stating that, her I485 is waiting for I-140 to get approved.

They linked her new I-140 to her pending I-485 that was filed as derivative.Is this USCIS error?.How to correct this error and have them consider her I-485 application as a derivative application?.

Thanks for your help.

..............
Enforce country cap on Family based GC/DV lotterry for the diversity sake. FYI India and China don't have access to DV Lottery. This system is insane and let's not fight among ourselves to defend this crappy immigration system. . U may see ROW retrogress to 1998 in next VB and what will u say then ?. Bottom line is Fighting will not take us anywhere and changing this unpredictable system will be the only way to go.



http://www.state.gov/r/pa/prs/ps/2006/72835.htm

the Divertsity Visa Lottery progam,

following countries[1] are not eligible to apply because they sent a total of more than 50,000 immigrants to the United States over the period of the previous five years:


BRAZIL, CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, EL SALVADOR, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PHILIPPINES, PERU, POLAND, RUSSIA, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM. Persons born in Hong Kong SAR, Macau SAR and Taiwan are eligible.

The point being that until the law changes, USCIS deals with individuals from different countries differently.


Concerning ROW retrogression, my H1b is an October expiry (I've been here since 1999) so I file my renewal in April (6 months in advance) with my i-140 approved I qualified for 3 years additional H1b. But with the fiasco quotas last May, June and July I was able i-485, however because USCIS issued a receipt for the i-485 they only gave me 12 months H1b renewal. then to add insult to the injury ROW retrogressed meaning another H1b renewal is likely.

At some point I will have to decide whether to begin the H1b renewal process again.

I personally know a guy who used Nick's services. Bottomline, his 485 was rejected as Nick sold the same labor to other guys as well. As for him, spend some time on EAD and now he is back on H1. What happens to his VISA number. Returns to the pool? Which pool? Or is it lost as the VISA number was used from last year's quota.

So what has that to do with supporting SRK here?
He is saying he is hurt and he even said there were fans calling him and still the officers did not understand he is SharRukh Khan. Now that is funny.

That sounds like if some xyz is detained and people start calling him by his name POE officers should understand who he is!

Well, explain to me, if an american celebrity, such as Brad Pitt or George Clooney is detained at IGI for 66 mins, taken aside for secondary in another chamber, made to wait,

if robert gates (defense secretary), is asked to remove his shirt

if ex president bush or clinton is frisked for secondary, would that be acceptable to americans?

NO. We agree on the answer atleast. Do people in India have to KNOW them?

YSR is dengerous than SWINE FLUE...shame on YSR's Son.

Over 100 die after YSR's death..

India - NEWS - The Times of India (http://timesofindia.indiatimes.com/opinions/4970708.cms#top1)

See what posters in Times of India say

Raj,Uk,says:With all due respect to YSR but his followers are not leaving any stone unturned in capitalising his death it seems like a race to make him most popular leader. If the number of deaths due to shock to be considered as the measure of popularity then YSR becomes far more famous then Mahatma Gandhi, Jawaharlal Nehru, Indira Gandhi, Rajiv Gandhi et al. This is a wrong precedence we are setting by publishing the unconfirmed news, just think what will happen post mayawati/lalu and other so called popular leaders.

Ek,BLR,says:60 people dying is a joke..bigger joke is people dying of cardiac arrest...I have never heard of anyone having a cardiac arrest at their mother, father,wife or for that matter their Child's death.......These people attribute any death happening on these days to YSR's death..I am not denying there are some fools who are capable of committing suicides though!!!

May he rest in peace...

Shree..don't worry God will give him due treatment..

One important point from the document: If employer can not directly control/supervise his employee's work and then H1B new petition/extension may not be approved.

Are these provisions new? I am not aware of the previous laws reg H1bs that is why I am asking. Previously employer did not need to have direct supervision?

Travind I am not close to the family anymore I made the dude so uncomfortable he stopped calling me. Here are some avoidance techniques, but you need to be ballsy to pull them of and never exceed the limits of decency and you must have a sense of timing and humor to do these. I have used these techniques myself for avoidance
1) Stare at his wife or sister and constantly compliment their looks, cooking, chai etc
2) Make lots of sticky notes with their quotes in the meetings and stick it on their walls
3)Break your pencil or pen at the meeting and loudly say cuss words like "shit that is good"
4) Itch nervously when they approach you in any location they will leave you thinking you have some skin disease.
5) Cough without closing your mouth directly in front of their face
6) Wear ghetto clothes when you go to the usual locations they avoid you like the plague (sorry guys who wear kurta with jeans and leather chappals you are the most obvious target)
7) Borrow cd's, dvd's etc and never return them or their calls they are bound to be nice since even in the worst case they are still trying to sell to you.

There are more things to do but i'm guessing some other people will post their experiences , just one word of caution do not extend your torture because these people are human beings who have been proselytized by their diamonds etc that they dont realize and don't worry they will not learn from you.


1) Stare at his wife or sister and constantly compliment their looks, cooking, chai etc

I wont do that to my enimies, i wont even recommend anyone doing that no matter what- there are other ways but is this the best u could come with?

dont foget ur culture and decency/manners.

Quarterly spill over is the only sensible option which can be done at this time. This is the only option which might be doable and which is supported by both EB2 and EB3.

Visa recapture and all the other major law changes - not much of a chance in this political climate.
Re-instating vertical spill over - welcomed by EB3; but strongly opposed by EB2.
Current spill over (horizontal) - welcomed by EB2; but strongly opposed by EB3.

Quarterly spill over: no law change required; supported by both EB2 and EB3. This is the way to go.

Unless IV request DOS for a quarterly spillover DOS would not do it. All the good things that happenned in the last 2 years were because of IV involvement starting with the July Fiasco when USCIS accepted 485 applications, I am sure the report published by USCIS about the pending 485 was done because of the FOIA filed by IV.

I support this. We should go for massive class action law suit.

Will there be a problem at time of 485 adjudication? Like, if USCIS investigates whether there was valid employer-employee relationship through out H1 period..even though this memo is released only now.

GC is for future employment....this memo is only for H1B. Otherwise you can sue them.

Well
I have friends that make 3 times as much as I do...The only difference is that they have a GC and I do not..and I am making much better than an average American....

So your saying that I am not suffering is not soothing to me...It does not reduce my pain.....It does not convince me in any way....

Not just that...My friends who chose not to come to America now have a higher net worth than me....So coming to America has not exactly been a great thing for me....More over whatever you are saying is just salt on my wounds...nothing less than that....

My friend, I'm not trying to fight you. All I am saying that you cannot file a class action against USCIS because they have not done anything wrong. They are just following the law.

If you really want to have this change, it is the US congress that you can deal with.

As I've said, I work for a law firm.

Why don't ask your immigration lawyer first regarding the "class action" you are talking about.

(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.

The EAD/AC21 is still only available to those who are July 07 filers. There are many who have missed the oppurtunity. What many people are asking for is for something such that anyone can change a job after some given time, irrespective of Visa number availability. Even for those with EAD's, you are still restricted to be in the same field. So if you want a career move and do an MBA or acquire new skills to change your career, you cannot do that (unless EAD is for a dependent). If this is not pigeoning people, what is.

No point trying to get EAD for non AOS filers.

We should rather ask for faster processing of applications, transparency and more accountability.

EAD also has lot of restrictions and our goal should be faster green cards through faster processing and more visa numbers.

country quota is not racial discrimination...u must be a fool to say that.

To change the country quota..they have to change the whole philosophy of immigration in this country... Equal opportunity for all...

Its absurd to try to change the country quota..we must try for recapture..instead..



I do not agree ,
They should not deduct SS/Medicare taxes, If i am not eligible for it.

So basically you pay for a CAR , and you dont get the delivery.. What do you do??

We have been trying for the recapture. And i see no success, or even close to sucess.
A good lawyer, can prove that the country quota is a racial discrimination or is unconstiitutional.

I may be wrong , and this is just my opinion.

If the law is followed in the enforcement then that is fine. Integrity of H1b program will be maintained. If arbitary and against the law then that should not be followed.

I just heard from attorney there are lot of debate going on in AILA and they are trying to stop this memo from being implemented...they are the one going to lose more business then the body shops....

To all the wannabe americans and GC aspirants, dont forget where you came from. You are nothing but 21st century cheap labor. Just do the right thing!

Dont think everyone is like you...:D

I am one of the July 2nd filer, EB2 India, PD is April 2005 filed 485 at NSC but got a receipt# starting with WAC. First I-485 receipt notice was send me with RD 07/02/2007. I again got the second I-485 transfer notice in September with RD 09/26/2007 saying my case has been transferred back to NSC office as they have jurisdiction over it.

Called IO today says as my application receipt# starts with WAC it will processed by the CSC processing dates that is stuck at May 2006 rather than the NSC processing dates that is at 10th August 2007 making my 485 eligible for processing.

Is this information from IO valid, what can be done to come out of this problems. Looks like there has been some TSC approvals for WAC receipts but no news on NSC.

Where did I say ROW need not participate?!Instead I asked ROW members to participate more actively and become a mainstream component of the movement!

Those ROW members who are part of the IV are supportive of removing country caps. They are satisfied with IVs stand that increase in numbers along with removal of country with benefit all - ROW, Indians, Chinese, Mexicans and Phillipinos. No EB immigrant will be left behind :-)

I'm thankful to every active IV member - ROW, India , China, Mexico or Phillipines who has worked for IVs cause. Those few ROW members who keep harping on the split in IV over country quotas never were/are part of the IV movement (active dedicated members). They just sit on the sidelines and create rifts.



.....
My comment was on someone suggesting moving ahead without the ROW participation since they only comprise 20% of the membership pool.

Buck up :) We all go through it. I never take it personally. I would definitely be happy if more and more members come forward and help, instead of "missing in action" when needed most.

We would be really happy if new members come up and take initiatives (i am now keeping my messages positive :) ) , more active members, more strength.

participation is contigeous, all we need is some self motivators and self starters to kindle the fire.

As a first step -people can

(1) Openly pledge support
(2) Contact their chapter leaders on their willingness to come forward
(3) Not get influenced by negative vibes
(4) Work towards reqruiting more volunteers.

Can we walk the talk?