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  #46 (permalink)  
Old 07-02-2009, 03:02 PM
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Originally Posted by vbkris77 View Post
That's why we couldn't solve all the admin related issues then. If we had significant volume, we could have had visa re-stamping done in USA and the list goes on.. Any ways, I don't mean to give numbers.. But as long as we are on the same page that volume speaks and we don't have enough at this point of time, I am good.

We need a mass movement to make an impact. They need to get frustrated with the letters and will have to give a press statement that they are reviewing the matter. As long as we can do that. I think we can get DOJ attention. If 5K members send letters 10 times in 2 months, I have no issue, as long as we can annoy them with letters for justice..
Maybe if we can repeat the flower campaign, and send the flowers with a note attached to the DoJ, they might get to notice it. Or, we can send the flowers to the president to appraise him of the issues that face us. What we do need to stress is the fact that dependents are being allocated immigrant visas that actually belong to the employed applicants, thereby creating a larger backlog. In effect, rather than 140K visas being issued to employed applicants, about 70K are being issued and the rest going to dependents. any thoughts?
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  #47 (permalink)  
Old 07-02-2009, 03:08 PM
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Quote:
Originally Posted by vbkris77 View Post
That's why we couldn't solve all the admin related issues then. If we had significant volume, we could have had visa re-stamping done in USA and the list goes on.. Any ways, I don't mean to give numbers.. But as long as we are on the same page that volume speaks and we don't have enough at this point of time, I am good.

We need a mass movement to make an impact. They need to get frustrated with the letters and will have to give a press statement that they are reviewing the matter. As long as we can do that. I think we can get DOJ attention. If 5K members send letters 10 times in 2 months, I have no issue, as long as we can annoy them with letters for justice..
When we are dealing with DOJ, why do we need significant volume ?
When dealing with representatives ( lawmakers ) we need large volume to make any impact.

Here we are talking about DOJ, who would make a decision based on the legal validity of our request.

Please correct me if I am wrong.
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  #48 (permalink)  
Old 07-02-2009, 03:36 PM
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Originally Posted by ganguteli View Post
Are you willing to put your name in a lawsuit, travel personally spending your own money to the courts, stay up late and do the research with the lawyer and above all spend hundreds of thousands of dollars on expenses of a lawsuit?
When people cannot contribute $25 how can you expect them to contribute 100K+. Even the FOIA campaign 10K amount took about a month to meet. So no point discussing something people cannot do. Let us just focus on writing forum posts. This is the easiest work we can do and it does not cost us money.
Letter writing will be useless. USCIS wont give without a fight. You have to see from their point of view. This open a can of worms for them. They will never yield unless forced by court.
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  #49 (permalink)  
Old 07-02-2009, 03:37 PM
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Default Is this true? Another ground for lawsuit

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  #50 (permalink)  
Old 07-02-2009, 04:15 PM
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If this is true, it is really scary for people who are solely on EAD and no longer hold H1 status.

Quote:
Originally Posted by freedom_fighter View Post
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  #51 (permalink)  
Old 07-02-2009, 05:19 PM
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Originally Posted by Madhuri View Post
If this is true, it is really scary for people who are solely on EAD and no longer hold H1 status.
It's true, here is the link:
http://www.nafsa.org/_/Document/_/us...d_guidance.pdf

read example on page 10.
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  #52 (permalink)  
Old 07-02-2009, 05:40 PM
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Default To get enough attention

Quote:
Originally Posted by gc28262 View Post
When we are dealing with DOJ, why do we need significant volume ?
When dealing with representatives ( lawmakers ) we need large volume to make any impact.

Here we are talking about DOJ, who would make a decision based on the legal validity of our request.

Please correct me if I am wrong.
So that we get enough attention... I wrote one awhile back, still no luck.
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  #53 (permalink)  
Old 07-02-2009, 05:58 PM
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Originally Posted by go_guy123 View Post
Letter writing will be useless. USCIS wont give without a fight. You have to see from their point of view. This open a can of worms for them. They will never yield unless forced by court.
I think USCIS is not the one who decides not to use wasted visas. It should be Department of State. As per my understanding USCIS "returns" unused visas back to DOS.
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  #54 (permalink)  
Old 07-02-2009, 06:00 PM
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Quote:
Originally Posted by frostrated View Post
Maybe if we can repeat the flower campaign, and send the flowers with a note attached to the DoJ, they might get to notice it. Or, we can send the flowers to the president to appraise him of the issues that face us. What we do need to stress is the fact that dependents are being allocated immigrant visas that actually belong to the employed applicants, thereby creating a larger backlog. In effect, rather than 140K visas being issued to employed applicants, about 70K are being issued and the rest going to dependents. any thoughts?
Flower Capaign to the president is an excellent idea.
Also no hrm in trying lawsuit but we should be sure of the merit of your points. WE have to see the exisitng law and the reason for which we plan to file a lawsuit.
Wasting VISA numbers and day to day suffering / monetary loss / exploitation at job and not able to avail of good job opportunity looks to hold more merit than discrimination etc.
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  #55 (permalink)  
Old 07-02-2009, 06:01 PM
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Default

Quote:
Originally Posted by vbkris77 View Post
So that we get enough attention... I wrote one awhile back, still no luck.
Instead of writing individual letters, we should approach through appropriate channels like some lawyers, AILA etc. Not sure though.
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  #56 (permalink)  
Old 07-03-2009, 12:45 AM
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Please do not discontinue this thread. Understand the importance of it and think about it
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  #57 (permalink)  
Old 07-03-2009, 06:03 AM
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Quote:
Originally Posted by lazycis View Post
It's true, here is the link:
http://www.nafsa.org/_/Document/_/us...d_guidance.pdf

read example on page 10.
Thanks lazcis. I would like to know if a person who has H1 valid until jan 1, 2009, files for AOS on oct 5, 2008 and then goes out of the country in Dec 08 and get paroled into the U.S as "AOS" in his/her I-94, using AP. What happens to this person...is he/she still deportable even though that person is now officially on AOS.

Gurus, please comment as I am sure there are a few of us in this category.
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  #58 (permalink)  
Old 07-03-2009, 06:17 AM
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Default Please start a Poll

Please start a poll and find out who is in favor of a law suit against USCIS and who is not.

I am in favor of to file a law suit against USCIS.
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  #59 (permalink)  
Old 07-03-2009, 03:45 PM
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Default My understanding of this memo.

Quote:
Originally Posted by sunny1000 View Post
Thanks lazcis. I would like to know if a person who has H1 valid until jan 1, 2009, files for AOS on oct 5, 2008 and then goes out of the country in Dec 08 and get paroled into the U.S as "AOS" in his/her I-94, using AP. What happens to this person...is he/she still deportable even though that person is now officially on AOS.

Gurus, please comment as I am sure there are a few of us in this category.
I am not a lawyer and not a guru. However I am stating my understanding from this new memo.

Based on the example Sunny has provided, this person will be under parolee status till (whichever occurs earlier)
1. End of the date mentioned in the I94 when peroled in to US.
OR
2. Decision is made on his/her I485 petition.

From then onwards he will be deportable if his/her I485 is denied. Then his illegal presence will be counted from the next day of either 1 or 2 (mentioned above) whichever occured first.
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  #60 (permalink)  
Old 07-03-2009, 08:25 PM
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Quote:
Originally Posted by arunmohan View Post
Please start a poll and find out who is in favor of a law suit against USCIS and who is not.

I am in favor of to file a law suit against USCIS.
I am also in favour of lawsuit
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