Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > General Information > Interesting Topics
Click to log in with Facebook
Interesting Topics This forum is to discuss any topic of interest to members and to gossip about anything that members prefer. All the terms of the forum and terms of use of the website do apply to this forum.

Reply
 
LinkBack Thread Tools Display Modes
  #16 (permalink)  
Old 07-02-2009, 12:13 AM
Member
Priority Date
:
Sep-04
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I485 Mailed Date
:
07/23/2007
Compare
Join Date: Jun 2009
Posts: 54
freedom_fighter is just really nice freedom_fighter is just really nice freedom_fighter is just really nice freedom_fighter is just really nice freedom_fighter is just really nice
Default legal?? what legal?

Quote:
Originally Posted by desi3933 View Post
I know, it is unfair and frustrating. But from legal point of view, you are mixing Employment Laws with Immigration Laws.


.
These ppl are talking about giving amnesty to ILLEGALS...let me repeat it.. amnesty=award for being ILLEGAL. They have done that before and all of a sudden we F'KIN LEGAL TEMP WORKERS from India/China have to worry about the LEGAL aspect of filing a law-suit.

Something is seriously screwed up with this. This is no different than a pseudo-SLAVERY. Now all of a sudden most of you will say, no one put a gun on your head to work. Ofcourse not, but why hell do they create a dual intent H1FU?K Visa where they show you the carrot and create a indentured servant system and discriminate on the basis of the country of your birth. It is discrimination. Trust me when there was SLAVERY in the US , it was defined LEGAL.
Bookmark and Share Compare Reply With Quote


2 out of 2 members found this post helpful.
  #17 (permalink)  
Old 07-02-2009, 12:19 AM
Senior Member
Priority Date
:
Apr-04
Category
:
EB3
I140 Mailed Date
:
03/02/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/23/2007
Compare
Join Date: Dec 2006
Posts: 338
bsbawa10 has a reputation beyond repute bsbawa10 has a reputation beyond repute bsbawa10 has a reputation beyond repute bsbawa10 has a reputation beyond repute bsbawa10 has a reputation beyond repute bsbawa10 has a reputation beyond repute bsbawa10 has a reputation beyond repute bsbawa10 has a reputation beyond repute bsbawa10 has a reputation beyond repute bsbawa10 has a reputation beyond repute bsbawa10 has a reputation beyond repute
Default

Quote:
Originally Posted by freedom_fighter View Post
These ppl are talking about giving amnesty to ILLEGALS...let me repeat it.. amnesty=award for being ILLEGAL. They have done that before and all of a sudden we F'KIN LEGAL TEMP WORKERS from India/China have to worry about the LEGAL aspect of filing a law-suit.

Something is seriously screwed up with this. This is no different than a pseudo-SLAVERY. Now all of a sudden most of you will say, no one put a gun on your head to work. Ofcourse not, but why hell do they create a dual intent H1FU?K Visa where they show you the carrot and create a indentured servant system and discriminate on the basis of the country of your birth. It is discrimination. Trust me when there was SLAVERY in the US , it was defined LEGAL.
freedom_fighter, your words are very strong but everything you say is a truth.
Bookmark and Share Compare Reply With Quote


  #18 (permalink)  
Old 07-02-2009, 02:09 AM
Senior Member
Priority Date
:
Jul-08
Category
:
EB2
I140 Mailed Date
:
04/28/2009
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jan 2009
Posts: 154
maximus777 has a reputation beyond repute maximus777 has a reputation beyond repute maximus777 has a reputation beyond repute maximus777 has a reputation beyond repute maximus777 has a reputation beyond repute maximus777 has a reputation beyond repute maximus777 has a reputation beyond repute maximus777 has a reputation beyond repute maximus777 has a reputation beyond repute maximus777 has a reputation beyond repute maximus777 has a reputation beyond repute
Thumbs up

Quote:
Originally Posted by freedom_fighter View Post
These ppl are talking about giving amnesty to ILLEGALS...let me repeat it.. amnesty=award for being ILLEGAL. They have done that before and all of a sudden we F'KIN LEGAL TEMP WORKERS from India/China have to worry about the LEGAL aspect of filing a law-suit.

Something is seriously screwed up with this. This is no different than a pseudo-SLAVERY. Now all of a sudden most of you will say, no one put a gun on your head to work. Ofcourse not, but why hell do they create a dual intent H1FU?K Visa where they show you the carrot and create a indentured servant system and discriminate on the basis of the country of your birth. It is discrimination. Trust me when there was SLAVERY in the US , it was defined LEGAL.
Very well put - could not agree with you more.
Bookmark and Share Compare Reply With Quote


  #19 (permalink)  
Old 07-02-2009, 02:38 AM
Senior Member
Priority Date
:
N/A
Category
:
EB1C
I140 Mailed Date
:
12/25/2013
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
12/25/2013
Compare
Join Date: Dec 2006
Posts: 1,051
go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute
Default

Quote:
Originally Posted by freedom_fighter View Post
These ppl are talking about giving amnesty to ILLEGALS...let me repeat it.. amnesty=award for being ILLEGAL. They have done that before and all of a sudden we F'KIN LEGAL TEMP WORKERS from India/China have to worry about the LEGAL aspect of filing a law-suit.

Something is seriously screwed up with this. This is no different than a pseudo-SLAVERY. Now all of a sudden most of you will say, no one put a gun on your head to work. Ofcourse not, but why hell do they create a dual intent H1FU?K Visa where they show you the carrot and create a indentured servant system and discriminate on the basis of the country of your birth. It is discrimination. Trust me when there was SLAVERY in the US , it was defined LEGAL.

It is dual intent meaning they will give you visa even if you intend to immigrate
to US using either EB or Family Based categories. That is it.
It never guarantees the GC. Therefore this lawsuit has no merit.

A lot of people including my friends applied without having any clue about per country quota etc and believed they will get in 4 years.
__________________
G Guy from above the 49th parallel
Bookmark and Share Compare Reply With Quote


0 out of 1 members found this post helpful.
  #20 (permalink)  
Old 07-02-2009, 04:48 AM
Member
Priority Date
:
Feb-04
Category
:
EB2
I140 Mailed Date
:
01/02/2003
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
01/01/2004
Compare
Join Date: Jul 2008
Posts: 53
lahiribaba is infamous around these parts lahiribaba is infamous around these parts lahiribaba is infamous around these parts lahiribaba is infamous around these parts lahiribaba is infamous around these parts lahiribaba is infamous around these parts lahiribaba is infamous around these parts lahiribaba is infamous around these parts lahiribaba is infamous around these parts
Default One more time...

last time i posted this idea everyone ridiculed.

Well we desis can only follow the lead of firingis.. so firingis say that who the f*** asked you to come here in the first place and we understand their logic and tell ourselves who the f*** asked us to be here in the first place .. so we are to blame ourselves for everything and take the crap anyway..

But that is not the point.

The point is that me and my company and you and your organisation have paid a service fee with a reasonable expectation of service. reasonable expectation of service is subject to interpretetion based on common sense and no f**king common sense says that waiting 10 years for GC is reasonable .. unless your common sense has been replaced by self disrepecting logic ....
Bookmark and Share Compare Reply With Quote


  #21 (permalink)  
Old 07-02-2009, 11:38 AM
Senior Member
Priority Date
:
Dec-06
Category
:
EB1C
I140 Mailed Date
:
11/29/2006
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
11/29/2006
Compare
Join Date: May 2007
Posts: 144
sayantan76 has much to be proud of sayantan76 has much to be proud of sayantan76 has much to be proud of sayantan76 has much to be proud of sayantan76 has much to be proud of sayantan76 has much to be proud of sayantan76 has much to be proud of sayantan76 has much to be proud of sayantan76 has much to be proud of
Default

Quote:
Originally Posted by lahiribaba View Post
last time i posted this idea everyone ridiculed.

Well we desis can only follow the lead of firingis.. so firingis say that who the f*** asked you to come here in the first place and we understand their logic and tell ourselves who the f*** asked us to be here in the first place .. so we are to blame ourselves for everything and take the crap anyway..

But that is not the point.

The point is that me and my company and you and your organisation have paid a service fee with a reasonable expectation of service. reasonable expectation of service is subject to interpretetion based on common sense and no f**king common sense says that waiting 10 years for GC is reasonable .. unless your common sense has been replaced by self disrepecting logic ....
i am not a lawyer but i think that when you pay a processing fees to apply for a privilege (drivers license, business permit, visa, green card etc) from the appropriate statutory authority (DMV, USCIS, Dept of Commerce etc) - the payment of fees does not make you the customer of the statutory authority - so to the extent that USCIS has not broken a law to discriminate against a particular set of applicants (class) - a class action may indeed have no merit.

However, if it can be proved that there has indeed been gross negligence or that USCIS has not followed its own established procedures, made commitments but not honored those, lied or broken the law of the land - then there may be a case.......

another angle is that if the law itself violates the constitution - there is a separate procedure to appeal against such a law (like may suits going on in state courts on laws related to gay rights) - however USCIS would not be party to such a lawsuit since USCIS does not make laws. one would need not only a good immigration lawyer but also a constitutional expert for a venture like this.
__________________
EB-1 C (From India and proud of it)
I140: RD Dec 1, 2006 NSC
485 filed concurrently
EAD/ AP approved Feb'2007
I140 and 485 approved - July 2007
GC received July 2007
Bookmark and Share Compare Reply With Quote


  #22 (permalink)  
Old 07-02-2009, 11:51 AM
Member
Priority Date
:
Sep-04
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I485 Mailed Date
:
07/23/2007
Compare
Join Date: Jun 2009
Posts: 54
freedom_fighter is just really nice freedom_fighter is just really nice freedom_fighter is just really nice freedom_fighter is just really nice freedom_fighter is just really nice
Default Thanks for reds especially.

I appreciate all the cowards, who gave me red, just because I'm talking about basic rights for all, including them and they are hell bent on finding the legal ways how not to raise your voice. They will wait decades and then kicked out, but wont raise there voice.

Well thanks for the green as wel, for those , who really are willing to stand up for there rights.

We are in this mess, because the majority of the stake holders are just scared to even stand up for themselves. But I ain't loosing hope.
Bookmark and Share Compare Reply With Quote


1 out of 1 members found this post helpful.
  #23 (permalink)  
Old 07-02-2009, 12:05 PM
Member
Priority Date
:
Feb-08
Category
:
EB2
I140 Mailed Date
:
07/22/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Feb 2009
Posts: 95
gauravsh will become famous soon enough
Default

I support this cause. if we go through this path we can also fight for our ssn and medicare. if we are able to get that amount than we can go back with our hard earned money.
Bookmark and Share Compare Reply With Quote


  #24 (permalink)  
Old 07-02-2009, 12:22 PM
Banned
Priority Date
:
Nov-07
Category
:
EB2
I140 Mailed Date
:
06/01/2008
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Apr 2009
Posts: 63
vivid_bharti is infamous around these parts vivid_bharti is infamous around these parts vivid_bharti is infamous around these parts vivid_bharti is infamous around these parts vivid_bharti is infamous around these parts vivid_bharti is infamous around these parts vivid_bharti is infamous around these parts
Default Appeal in The supreme Court to overturn the Counrty Quota rule as unconstitutional.

US does not discriminate on the basis of Race, Caste, Religion though their is no mention of country of birth. But discriminating Green Card quota on basis of somebody's birth may be unconstitutional..If we appeal in the supreme court, the supreme court can ask the congress to ammend the laws...google and see there have been several instances in the history when Supreme Court told the congress to change a illegal law.

here's the google link of my searches

Google

also read this
http://www.spartacus.schoolnet.co.uk/USAsupreme.htm
Bookmark and Share Compare Reply With Quote


  #25 (permalink)  
Old 07-02-2009, 12:24 PM
Senior Member
Priority Date
:
May-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jun 2008
Posts: 157
jetflyer has a reputation beyond repute jetflyer has a reputation beyond repute jetflyer has a reputation beyond repute jetflyer has a reputation beyond repute jetflyer has a reputation beyond repute jetflyer has a reputation beyond repute jetflyer has a reputation beyond repute jetflyer has a reputation beyond repute jetflyer has a reputation beyond repute jetflyer has a reputation beyond repute jetflyer has a reputation beyond repute
Default I support recapture

I support this for point #6, to me if USCIS + DOS worked slow and wasted 200K visas then we shouldn't be paying price for that. They need to make it up and correct their mistake. Its not that hard but we need to raise voice, if the culture of this country suggests that we should go Lawsuit route then we should follow that route.

I think USCIS is also looking at closing loop holes, and to avoid a lawsuit that USCIS is purposely delaying GC and milking thru EAD/AP renewals they have changed to one-time fee structure. So we should hurry before they bring some kinda memo to block recapture route too.

my 2 cents!


Quote:
Originally Posted by freedom_fighter View Post

6. Lost EB visas for USCIS / DOS mis-handling.

Last edited by jetflyer; 07-02-2009 at 12:30 PM.
Bookmark and Share Compare Reply With Quote


  #26 (permalink)  
Old 07-02-2009, 12:27 PM
Senior Member
Priority Date
:
N/A
Category
:
EB1C
I140 Mailed Date
:
12/25/2013
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
12/25/2013
Compare
Join Date: Dec 2006
Posts: 1,051
go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute
Default

Quote:
Originally Posted by sayantan76 View Post
another angle is that if the law itself violates the constitution - there is a separate procedure to appeal against such a law (like may suits going on in state courts on laws related to gay rights) - however USCIS would not be party to such a lawsuit since USCIS does not make laws. one would need not only a good immigration lawyer but also a constitutional expert for a venture like this.

Yes true. This is the only angle that is viable in theory. All that can be done is challenge that the per country quota violates the constitution. Then the judge can strike that clause off.

Besides this it needs a law change.
__________________
G Guy from above the 49th parallel
Bookmark and Share Compare Reply With Quote


  #27 (permalink)  
Old 07-02-2009, 12:34 PM
Banned
Priority Date
:
Nov-07
Category
:
EB2
I140 Mailed Date
:
06/01/2008
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Apr 2009
Posts: 63
vivid_bharti is infamous around these parts vivid_bharti is infamous around these parts vivid_bharti is infamous around these parts vivid_bharti is infamous around these parts vivid_bharti is infamous around these parts vivid_bharti is infamous around these parts vivid_bharti is infamous around these parts
Default

I guess country quota is root of all our green card related griefs. everybody else can dream of getting a green card someday, but EB-3/EB-2 India & China should stop dreaming about Green cards...I am sure this can be prooved illegal.
Quote:
Originally Posted by go_guy123 View Post
Yes true. This is the only angle that is viable in theory. All that can be done is challenge that the per country quota violates the constitution. Then the judge can strike that clause off.

Besides this it needs a law change.
Bookmark and Share Compare Reply With Quote


  #28 (permalink)  
Old 07-02-2009, 12:40 PM
Senior Member
Priority Date
:
N/A
Category
:
EB1C
I140 Mailed Date
:
12/25/2013
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
12/25/2013
Compare
Join Date: Dec 2006
Posts: 1,051
go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute
Default

Quote:
Originally Posted by vivid_bharti View Post
I guess country quota is root of all our green card related griefs. everybody else can dream of getting a green card someday, but EB-3/EB-2 India & China should stop dreaming about Green cards...I am sure this can be prooved illegal.
We cant say. Even Supreme Court works by voting where judges vote and majority wins.
In the past courts has said yes to "Affirmative action" and that it doesn't violate the
equality given by constitution.

Another option would be to challenge the interpretation of the law. Like unused visa capture whether wasted visa
should be counted.

Long back time spent outside US and on H4 visa used to we wasted. Not anymore. This has come about by challenging
the interpretation of the law.

Similar challenges are going on interpretation of the Child status protection act that was passed in 2002
__________________
G Guy from above the 49th parallel

Last edited by go_guy123; 07-02-2009 at 12:47 PM.
Bookmark and Share Compare Reply With Quote


  #29 (permalink)  
Old 07-02-2009, 12:44 PM
Senior Member
Priority Date
:
Feb-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Aug 2007
Posts: 730
lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute
Default

Quote:
Originally Posted by vivid_bharti View Post
I guess country quota is root of all our green card related griefs. everybody else can dream of getting a green card someday, but EB-3/EB-2 India & China should stop dreaming about Green cards...I am sure this can be prooved illegal.
Ombudsman mentioned that "visa wait-times within some preference categories
for certain nationals may exceed 10 years."
http://www.dhs.gov/xlibrary/assets/c...eport_2009.pdf

I think the OP has some valid points. Certainly recapture lawsuit may work as the law does not say that allocated EB visas expire. Do not listen to nay-sayers, just do it.
Here is one example of the succsessfull class-action (even though the court case died in a court of appeals, it was beneficial to immigrants):
http://www.ailf.org/lac/chdocs/lac_020905.pdf
__________________
If you don't like something, change it. If you can't change it, change your attitude. Don't complain...
Bookmark and Share Compare Reply With Quote


  #30 (permalink)  
Old 07-02-2009, 12:49 PM
Banned
Priority Date
:
Nov-07
Category
:
EB2
I140 Mailed Date
:
06/01/2008
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Apr 2009
Posts: 63
vivid_bharti is infamous around these parts vivid_bharti is infamous around these parts vivid_bharti is infamous around these parts vivid_bharti is infamous around these parts vivid_bharti is infamous around these parts vivid_bharti is infamous around these parts vivid_bharti is infamous around these parts
Default

Hmmm!!! You raised an interesting point....
Quote:
Originally Posted by lazycis View Post
Ombudsman mentioned that "visa wait-times within some preference categories
for certain nationals may exceed 10 years."
http://www.dhs.gov/xlibrary/assets/c...eport_2009.pdf

I think the OP has some valid points. Certainly recapture lawsuit may work as the law does not say that allocated EB visas expire. Do not listen to nay-sayers, just do it.
Here is one example of the succsessfull class-action (even though the court case died in a court of appeals, it was beneficial to immigrants):
http://www.ailf.org/lac/chdocs/lac_020905.pdf
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Class Action LawSuit Against the USCIS lahiribaba Action Items for everyone 19 02-22-2011 11:26 AM
Class Action Lawsuit against USCIS hopefulgc Retrogression, priority dates and Visa bulletins 220 03-02-2008 10:40 PM
Class Action Lawsuit And Civil Right Lawsuits Against Uscis centaur Retrogression, priority dates and Visa bulletins 16 08-06-2006 06:24 PM



All times are GMT -4. The time now is 08:27 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org