Thursday, June 9, 2011

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  • BharatPremi
    03-13 04:19 PM
    Guys wait till you see "real" bulletin and even if mirror to what has been placed to Mumbai Consulate, EB3 will forward perhaps slowly now but picking up. EB3-India with PD 2004 mid and before will not have to worry that much.




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  • gomirage
    06-15 01:42 AM
    Thanks for writing. Supposing everything goes smoothly, what is on average the time frame to get to the stage where you get a PD. I'm not looking for miracles to get GC through nobel prize or gold medal. Just trying to have an idea here. Take it easy on a the poor man bro :)


    If there was much advice we could give about expediting the process, there would be very few people on this board, unfortunately!

    Even those who are just eligible to file for the last stage, its likely to take years longer on average.

    Other than suggesting you win a Nobel prize, win an Olympic gold medal, or select the country of your birth, there is little feasible that I can say.

    The good news is, things could move a lot faster than those of us that are or were stuck in the Backlog Elimination Centers.

    Oh - and those talking about the reintroduction of CIR - remember, it also was taking out pretty much all AC21 provisions which will still affect people on EAD




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  • dvb123
    01-11 11:00 PM
    http://docs.google.com/viewer?a=v&q=cache:YQ8A5L4qUTMJ:www.shsu.edu/~kmd007/documents/WinFSHD2Userskmd007ArticlesDouglas-NationalOriginsSystem-1.pdf+supreme+court+national+origins+quota+1924&hl=en&gl=us&sig=AHIEtbT24Qc157BZXxEE8b4o6Fcrv-YXTw

    Consequences of the
    National Origins Act
    The goal of the National Origins Act was to control
    both the quantity and quality of U.S. immigrants in an
    effort to prevent further erosion of the ethnic composi-
    tion of U.S. society. The law accomplished this goal
    using three mechanisms: capping the overall number of
    immigrants allowed into the United States in a given
    month and year; favoring immigrants from certain
    countries; and screening out otherwise qualified immi-
    grants as unsuitable to the United States during the visa
    screening process. The sorting mechanism heavily
    favored northern and western European countries. The
    temporary formula of 2% of the foreign-born of each
    nationality in the 1890 census gave 85% of the quotas
    to northern and western European nations. The national
    origins system fully implemented in 1929 continued
    the trend of both overall restriction and nation bias.
    Indeed, the act virtually halted all immigration from
    southern and eastern Europe. Thus, European immigra-
    tion dropped from more than 800,000 in 1921 to less
    than 150,000 by the end of the decade.
    In addition to controlling the volume of immigra-
    tion from Europe, the National Origins Act also
    allowed a mechanism for selection of immigrants as
    well. In its creation of consular offices abroad, the act
    provided a frontline screening mechanism for select-
    ing out those deemed unsuitable for the United States.



    http://www.law.cornell.edu/uscode/42/usc_sec_42_00001981----000-.html

    � 1981. Equal rights under the law
    How Current is This? (a) Statement of equal rights
    All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.


    http://www.law.cornell.edu/uscode/42/usc_sup_01_42_10_21_20_IX.html

    TITLE 42 > CHAPTER 21 > SUBCHAPTER IX > � 2000h–2Prev | Next � 2000h–2. Intervention by Attorney General; denial of equal protection on account of race, color, religion, sex or national origin
    How Current is This? Whenever an action has been commenced in any court of the United States seeking relief from the denial of equal protection of the laws under the fourteenth amendment to the Constitution on account of race, color, religion, sex or national origin, the Attorney General for or in the name of the United States may intervene in such action upon timely application if the Attorney General certifies that the case is of general public importance.

    http://www.law.cornell.edu/uscode/42/usc_sup_01_42_10_21_20_I.html


    PART THREE

    ORGANISATIONS TO CONTACT - IV CORE PLs endorse this so that a few members will help me. OTHER MEMBERS CAN FORM GROUPS AND CONTACT THESE OFFICES.

    American Immigration Council
    1331 G Street, NW, Suite 200
    Washington, DC 20005-3141
    Tel.: 202-507-7500
    Fax: 202-742-5619


    Carl Shusterman

    Law Offices of Carl Shusterman
    600 Wilshire Blvd, Suite 1550, Los Angeles, CA 90017
    Tel (213) 623-4592 Fax (213) 623-3720

    National Origin, Immigration and Language Rights Program

    The Legal Aid Society - Employment Law Center
    600 Harrison Street, Suite 120
    San Francisco, CA 94107
    Telephone (415) 864-8848
    Fax: (415) 864-8199
    TTY/TDD Line: (415) 593-0091
    Email: info@las-elc.org

    American Civil Liberties Union (ACLU)

    125 Broad Street, 18th Floor
    New York, NY 10004 USA
    Phone: (212) 344-3005
    URL: http://www.aclu.org/

    Center for Equal Opportunity (CEO)

    14 Pidegon Hill Drive, Suite 500
    0 Sterling, VA> 20165 USA
    Phone: (703) 421-5443
    Fax: (703) 421-6401
    E-Mail: comment@ceousa.org
    URL: http://www.ceousa.org/

    Primary Contact: Linda Chavez, President

    Equal Employment Opportunity Commission (EEOC)

    1801 L Street, N.W.
    Washington, DC 20507
    Phone: (202) 663-4900
    URL: http://www.eeoc.gov/

    National Association for the Advancement of Colored People (NAACP)

    4805 Mt. Hope Drive
    Baltimore, MD 21215
    Phone: (410) 521-4939
    URL: http://www.naacp.org/
    E-Mail: members@naacp.org







    PART TWO

    LEGAL RESEARCH - EVERYBODY CAN CONTRIBUTE ABOUT COURT CASES, PRECEDENTS ETC AND I WILL TRY TO CONSOLIDATE ALL THE REPLIES HERE

    Different Supreme Court Decisions

    http://public.findlaw.com/civil-rights/race-discrimination/race-discrimination-history.html

    Gratz v. Bollinger

    http://en.wikipedia.org/wiki/Gratz_v._Bollinger



    In 1978, the Supreme Court ruled in Bakke v. Regents that public universities (and other government institutions) could not set specific numerical targets based on race for admissions or employment.[1

    Bakke vs Regents

    http://en.wikipedia.org/wiki/Bakke_v._Regents



    Supreme Court Opinions

    http://caselaw.lp.findlaw.com/data/constitution/amendment14/20.html

    http://caselaw.lp.findlaw.com/data/constitution/amendment14/30.html


    Articles

    http://www.usatoday.com/news/washington/judicial/2009-04-20-supreme-court_N.htm


    http://www.enotes.com/everyday-law-encyclopedia/racial-discrimination#constitutional-protection-against-racial

    PART ONE


    This is an old topic but I thought I would post some interesting info that I found. Give me green before someone drowns me in red.


    Equal Protection Clause - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Equal_protection)

    The Supreme Court has defined these levels of scrutiny in the following way:

    Strict scrutiny (if the law categorizes on the basis of race or national origin or infringes a fundamental right): the law is unconstitutional unless it is "narrowly tailored" to serve a "compelling" government interest. In addition, there cannot be a "less restrictive" alternative available to achieve that compelling interest.


    In Bakke, the Court held that racial quotas are unconstitutional, but that educational institutions could legally use race as one of many factors to consider in their admissions process. In Grutter and Gratz, the Court upheld both Bakke as a precedent and the admissions policy of the University of Michigan law school. In dicta, however, Justice O'Connor, writing for the Court, said she expected that in 25 years, racial preferences would no longer be necessary. In Gratz, the Court invalidated Michigan's undergraduate admissions policy, on the grounds that unlike the law school's policy, which treated race not as one of many factors in an admissions process that looked to the individual applicant, the undergraduate policy used a point system that was excessively mechanistic.

    In these affirmative action cases, the Supreme Court has employed, or has said it employed, strict scrutiny, since the affirmative action policies challenged by the plaintiffs categorized by race. The policy in Grutter, and a Harvard College admissions policy praised by Justice Powell's opinion in Bakke, passed muster because the Court deemed that they were narrowly tailored to achieve a compelling interest in diversity. On the other side, it is argued that the purpose of the Equal Protection Clause is to prevent the socio-political subordination of some groups by others, not to prevent classification; since this is so, non-invidious classifications, such as those used by affirmative action programs, should not be subjected to heightened scrutiny.[30]

    One law firm I found dealing with Federal Litigation. There maybe many.

    http://www.vblaw.com/PracticeAreas/Federal-Litigation-Appeals.asp

    Should we not look at this option when Mexico's ambassador to the United States said Friday he expects immigration reform is unlikely to pass in that country in 2010 because of unemployment and midterm elections?

    http://www.nytimes.com/aponline/2010/01/08/world/AP-LT-Mexico-US-Migration.html

    Antis are ahead of us in taking lawsuits to supreme court

    http://www.infoworld.com/d/adventures-in-it/tech-workers-take-h-1b-case-supreme-court-024


    OPINION JULY 1, 2009 The Supreme Court Says No To Quotas
    Residents in a burning building want competent firefighters. They don't care about the race of those whose job it is to save them.

    http://online.wsj.com/article/SB124640586803076705.html




    VERY INTERSTING ARTICLES ABOUT THIS PER COUNTRY QUOTAS

    http://www.time.com/time/magazine/article/0,9171,846255,00.html

    http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965

    http://en.wikipedia.org/wiki/Immigration_Act_of_1924

    http://en.wikipedia.org/wiki/National_Origins_Formula

    The 1921 Emergency Quota Act restricted immigration to 3% of foreign-born persons of each nationality resident in the United States in 1910.
    The Immigration Act of 1924 provided that for three years immigration will be restricted to 2% based on the census of 1890, and that after June 30, 1927, total immigration from all countries will be limited to 150,000 based upon national origins of white inhabitants as shown by the census of 1920.

    http://americanhistory.suite101.com/article.cfm/limiting_the_huddled_masses

    http://homepage3.nifty.com/ubiquitous/Japanese-Americans_E/Page05.htm




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  • yabadaba
    07-17 08:29 PM
    i think this is the same guy who created a huge fuss on july 2nd when we found out that all 485s will be rejected and said that we all deserve it since we did not "remember" people in pbec.

    do u want to go thru somthing like that again....by unbanning him?

    bestia do not feel sorry for ppl like these...because they kick you when u r happy



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  • delhiguy79
    07-20 07:25 AM
    I agree 100 %. But even if the officer wants to know about out I 140, it wud be just a 1 min process for them as they can check if a recipt was generated based on the names.

    If we put the copies of the fee checks, that would help even more because that means that our I 140 application was accepted.

    With tracking receipts, cheque copies and a letter, I believe we would be able to establish evidence that, 140 was received by the service center.

    Totally missing out on showing that I 140 is filed is no evidence at all. Showing every possible document to prove that the docment was filed, should be do the work.

    Anyways since there are so many hundreds of people who filed I 140 in the recent days, I believe some alternative from USCIS wud show up in the next few days .......


    its gud info u provided....i hope USCIS do come up with something...




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  • zephyrr
    07-23 03:43 PM
    Are you kidding me? You are recommending http://www.usabal.com/ aka Berry, Appleman & Leiden LLP? DO NOT USE THIS LAW FIRM. RUN AWAY FROM IT AS FAST AS YOU CAN. They totally screwed up my case. My PD became current on June. I asked them repeadtly to file my 485. And I asked them for like 1 1/2 month. But they waited till July to file my case. So, I was affected by this visa fiasco. Their lawyer do not answer phone calls, they don't return voic mail and they do not response to email for 3-4 days. It is a totally BS firm. If possible go with small immigration law firm.

    I agree. My case was approved online in early June, I kept asking them if they received papers from BEC, and they would not even take the time to check. As a result, I was unable to file in June even with a current PD. I ended up filing in July.



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  • mheggade
    07-14 06:05 PM
    How do you say Level III and Level IV is EB2, Mine is EB2 but it is Level II

    Just based on the definition given by DOL I decided Level III and Level IV to be EB2. Besides I am EB2 and my wage level is Level IV. I agree it is hard to conclude the cat based on wage level, I saw there were some Senior welders in Level III as well as Vice presidents of the companies. Quite a contradiction isn't it!!




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  • panky72
    09-22 10:48 PM
    Just reporting what I saw on CNN. During the Sen. McCain interview with Judy Judy Woodruff & Richard Stengel, Richard asked something like - what about the green cards for the highly skilled immigrants educated by American Universities. To this Sen. McCain replied implying - they should be given green cards sooner, I am not sure if they could be given automatic green cards but the process should be faster.....

    He said it not exactly in these words but implying something to that effect. They were suppose to ask Sen. Obama the exact same questions. Did anyone see Sen. Obama's answer to the question about green card for high skilled immigrants from Richard Stengel? Just curious....

    I found this on shusterman's regarding obama's views on immigration. Looks like he is all for family based immigration but no mention about employment based.
    http://shusterman.com/pdf/obama908.pdf



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  • netnerd
    07-17 06:07 AM
    Hi All,

    Andrew Dutton - 917-536-5940, immigration_counselor@yahoo.com is my attorney for green card. I had also used him before for H1B renewal, PERM & I-140 substitution with DOL (while case was pending with Backlog Center). He is very professional, humble, and always answers phone calls & email messages immediately. He is also very very affordable (shall I say inexpensive - see the amounts he charged me for H1B, green card processing etc below).

    I was one of the unfortunate ones who got scammed my Earl David Associates (New York Law Firm) - now renamed to Jed David Philwin Associates. I know how bad law firms can be - they did not file my LC in 2003 but kept on telling me that they did - ONLY a year after in 2004 they promised me they had already done so. Needless to say how much pain suffering this caused me.

    I used Andrew for my H1B + wife's H4 renewal - total attorney fees - $550. No extra fees for filing documents for family members.
    Then, I used him for EB2 PERM, I-140, I-485/EAD/AP (for myself & my wife) - total attorney fees - $1600. No extra fees for filing documents for family members.

    I had an existing LC approved from Backlog Center - he filed I-140 for just $100-$150 attorney fees - stating that since he had already filed a previous I-140 for me - he just needs to modify some minor details on the I-140 & file it.

    He filed my I-485 over the weekend so it reached USCIS on Monday July 2 - who knows I may be one of the lucky ones when July visa bulletin fiasco is resolved.




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  • walking_dude
    09-20 03:47 PM
    No need to jump the gun. I didn't ask it at a personal level, in case you didn't understand it! Instead of nitpicking on a single statement, read the whole paragraph! I am a member of a state chapter and keep posting on the Yahoogroups, though it's been a month since anyone else posted there ( and I don't get any replies).

    I'm not getting into personal level/ad hominem discussion as it's pointless. I don't need to prove anything to anybody.

    What's the incentive for IV having you as a member?



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  • gauravster
    02-25 09:42 AM
    Reading through this, this only says that the status cannot be changed (to a PR). It does not say that the prefiling of of AOS application cannot be done.

    I think we should definitely try to work towards this. There was also an article on Immigration daily (http://www.ilw.com/articles/2009,0225-endelman.shtm) which suggests pre filing as a administrative fix that will solve a lot of problems. It argues that "there is nothing in the INA that compels a particular definition or understanding of what "immediate availability" means."

    I am definitely in for such a initiative.

    Incorrect! Please read again.

    Section 1255. Adjustment of status of nonimmigrant to that of
    person admitted for permanent residence

    (a) Status as person admitted for permanent residence on application and
    eligibility for immigrant visa

    The status of an alien who was inspected and admitted or paroled
    into the United States or the status of any other alien having an
    approved petition for classification under subparagraph (A)(iii),
    (A)(iv), (B)(ii), or (B)(iii) of section 1154(a)(1) of this title or \1\
    may be adjusted by the Attorney General, in his discretion and under
    such regulations as he may prescribe, to that of an alien lawfully
    admitted for permanent residence if (1) the alien makes an application
    for such adjustment, (2) the alien is eligible to receive an immigrant
    visa and is admissible to the United States for permanent residence, and
    (3) an immigrant visa is immediately available to him at the time his
    application is filed.

    This means that visa number must be available at the time of filing I-485.



    Well, Read again. I hope it answers your question.

    Here is the test from newsletter
    What regulatory or legislative changes (including a possible pre-application filing procedure for adjustment cases) are recommended to facilitate caseload planning and make optimum use of U.S. Citizenship and Immigration Services adjudication capacity?
    -----------------------------------------

    Have a good day!




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  • chanduv23
    02-08 03:41 PM
    Get copies of your 140 approval and labor filing papers. Look for a job and transfer h1b , you will get 3 years transfer/extension based on yiour approved 140.
    Once you settle down in your new job, apply for new Labor in PERM (preferably EB2) , and you can port your earlier priority date.



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  • kevinkris
    06-10 06:03 PM
    Can't believe the dates came this much.. (Seeing the history from few months)

    Last year also it came to 2006 but again retrogressed..

    But this time.. i don't know.. i am hopeful..

    Fingers crossed..

    Well. It certainly is a good news. Atleast for me. :) I would like to caution though that getting current does not necessarily mean getting approved. We have had cases from 2003/2004 PD members where they did not get approved for long time despite their date getting current.




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  • akred
    03-24 06:49 PM
    Honestly speaking; if the laws were followed the way they were meant to be; it would be extremely, extremely difficult to get h-1b; labor processing and 140's approved.

    Right now USCIS, DOL and consulates are really after people. Be careful what you wish for; there are a lot of things under the carpet.

    There is a logical fallacy here. What you are saying is:

    Suppose country quotas exist to limit abuse
    There are country quotas
    Therefore abuse is limited

    The very fact that you are complaining about abuse in the system disproves your proposition.



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  • paskal
    09-04 02:58 PM
    Please be good enough to complete your profile, so we can communicate with you better! thanks...




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  • H1BLegal95
    02-11 01:34 AM
    1. Bush is a lame duck president now.

    2. He is not going to do anything for anyone in his last few months. Especially for us who are not in anybody's radar.

    3. The white house is better staffed to handle mail and has a larger team to scrutinize mails. Truth is Bush meay never hear about 25K mails sent over a month.

    25 K Mails sent in 2 days well may be.

    This is a good effort but wrong target. May be ppl sense that and are holding off.

    4. We cannot be just an internet forum anymore we need meet n greets..periodic meetings that bring ppl together face to face.



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  • GCapplicant
    07-06 06:07 PM
    [.
    When I called them up-She said USCIS has not decided anything whether they will accept or reject anything-Whatever it is within 15 working days if we receive receipt then we are ok.Whatever the bulletin shows.

    So lets wait and see.What ever theyd ecide will be known in 15 working days .So atleast they will start something in 15days.




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  • pappu
    07-24 07:53 PM
    Your apologies are accepted and the ban is lifted. Please make sure not to post anything offensive or disruptive. Please also update your profile. You were anonymous and you are still anonymous. We do not welcome annonymous users and their posts. IV does not even answer any anonymous user or helps any anonymous user in PMs or emails.

    Making mistakes anonymously and apologizing anonymously has zero value to us.

    Hi all, this is the new ID of bigtime007. As many has noticed, I was banned for the following reason:


    You have been banned for the following reason:
    Disruptive posts

    Date the ban will be lifted: Never


    After thinking about it, I feel very very sorry for disrupting the cheerful atmosphere on this forum. It is time for champagne, not complaints. This should be a place to congratulate and applaud IV's achievements, instead of that to express one's own frustrations. People with 07 PD has the privilege to cheer when they cut in front of us, but we should not feel sad for being pushed back because it is a disruptive behavior.

    Please do not list what you have done to add items in the legislation to help BEC victims, it does not look genuine any more when it is considered disruptive to express one's depression on a board specially for BEC victims.

    This will be my last post, as I am sure they will ban both my ID and IP. For everyone who still reads my post, Good luck!




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  • bestin
    02-08 07:47 PM
    After 25000 letters what next?Is IV about to initiate some official talks based on this?




    Lisap
    08-14 05:17 PM
    I did not have a good experience with Peter Ashman's Law Firm.




    raju123
    02-10 10:58 AM
    With a due respect, I am differ with your statement on Competeamerica. Competeamerica has always promoted H1B and EB provision together. I haven't seen any time that they promoted only H1B.

    I spoke with one guy at Competeamerica and he told me that IV is neutral on H1B issue eventhough all members have came through that root. Personally I am very positive with Competeamerica and it is not good for us to speak negative for this organization.

    As the saying goes �the proof is in the pudding" anybody can give statements but it is the results that matter. What results has compete america achieved, they are just giving lip service. Contrast them with the health industry lobby which has achieved results year after year. Compete america ultimate goal is more h1b which they will achieve one way or the other.

    Don�t get me wrong, I am not saying compete america is bad, I am just saying there focus is on H1b and not as much on EB relief. If they face a hypothetical situation where they can get either H1 or EB, they would gladly choose h1, that�s the bottom line. Its better to have somebody like compete america rather than nobody, but we need a corporate lobby whose main focus is eb relief.

    And there is an important lesson to be learned from the health industry lobby. They just did not say they want CIR or skil and then went back when both cir and skil failed. They started chipping away at individual items like 50000 visas for Schedule A last year and 90000 this year from unused\recaptured visas. We should also be asking for our individual line item, 485 measure. This is how a war is won, one battle at a time. It is unrealistic to have an "all or nothing" attitude that people opposing 485 measure have. If the health industry lobby had such "all or nothing" attitude they would not have got the 50000 visas last year nor would they have been trying to get the 90000 this year. Hope we learn from them.



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