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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 08-05-2008, 08:23 AM
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Default Lawsuit against Interfiling/PD Porting

Friends,
I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.

I also want to make this issue an action item for all EB2 folks volunteering for IV activities.

Thanks.
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  #2 (permalink)  
Old 08-05-2008, 08:28 AM
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Default I really do not care about dots....

red, green, blue, pink............whatever the color may be!!

I just need to hear honest replies from EB2 filers. If you are afraid to speak up, please send me a message and we can work this behind the scenes.

Thanks again.
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  #3 (permalink)  
Old 08-05-2008, 08:34 AM
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Default

You mean to say EB-2 is only meant for first time EB-2 filers, and if a person ever filed under EB-3 should not be considered to file under EB-2 again ? Are yo a 'Jamindaar' ? What you are trying to convince people is only those people who are were born rich should be allowed to live in big houses and people who were ever middle should not be allowed in big houses...Wah Wah what a idea...
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Old 08-05-2008, 08:42 AM
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Default read my original post again please.......

What i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).

"Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.

If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.

I hope i have made my point clear? Thanks.


Quote:
Originally Posted by mirage View Post
You mean to say EB-2 is only meant for first time EB-2 filers, and if a person ever filed under EB-3 should not be considered to file under EB-2 again ? Are yo a 'Jamindaar' ? What you are trying to convince people is only those people who are were born rich should be allowed to live in big houses and people who were ever middle should not be allowed in big houses...Wah Wah what a idea...
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  #5 (permalink)  
Old 08-05-2008, 08:48 AM
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Default

What a Bull Sh** ?? Are you saying that ppl who have applied under eb2 are the only ones who satisfy the eb2 criteria and eb3s can not satisfy the eb2 criteria ??? Come on ...this eb2 and eb3 thing is highly abused by lawyers, employers or employees .. I guess, you are in eb2 but I am sure if you go line by line of the law to recheck your eb2 eligibility, you might not even qualify for eb10,11, etc ....
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  #6 (permalink)  
Old 08-05-2008, 08:49 AM
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Default

Quote:
Originally Posted by Rolling_Flood View Post
What i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).

"Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.

If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.

I hope i have made my point clear? Thanks.

I originally filed in EB2 but yet I do not support this idea. I think EB3 people if possible should deserve a chance to file in EB2 if they are eligible. Also porting helps you (original EB2 guys) in another way. Suppose for some stupid reason, you have to restart your GC process, wouldn't you want to be able to port your earlier PD? Don't be selfish man.
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  #7 (permalink)  
Old 08-05-2008, 09:05 AM
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Default

In your example the EB-3 guy was in the green card line before the EB-2 guy. Why on earth should he be asked to come in line after EB-2 guy if he decides to file a new one under EB-2. Why did not you wake up when Labor Substitution was going on. that was something which was utter non sense. People deciding to go for Green card in 2007 stood ahead of people from 2002 by substittuting a 2001 labor. Thank God it's gone.
Quote:
Originally Posted by Rolling_Flood View Post
What i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).

"Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.

If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.

I hope i have made my point clear? Thanks.
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  #8 (permalink)  
Old 08-05-2008, 09:19 AM
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Default I worked against Labor Sub too...

Mirage, in my own small way, i was also involved in the fight against Labor Sub. Cannot discuss it here as i do not think this is an appropriate forum.

However, i do understand your point of view. But, you have to realize that EB-1,2 and 3 are DISTINCT paths. "Time benefits" should not cascade across these different categories, and that is what i intend to fight legally.

I can provide more details in a week or so, when i have my final draft plan ready.

Quote:
Originally Posted by mirage View Post
In your example the EB-3 guy was in the green card line before the EB-2 guy. Why on earth should he be asked to come in line after EB-2 guy if he decides to file a new one under EB-2. Why did not you wake up when Labor Substitution was going on. that was something which was utter non sense. People deciding to go for Green card in 2007 stood ahead of people from 2002 by substittuting a 2001 labor. Thank God it's gone.
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  #9 (permalink)  
Old 08-05-2008, 09:22 AM
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Default please understand the law!

A person's skills don't decide EB2/3........the JOB REQUIREMENTS do........how many times does someone have to repeat this till you finally get it??

And as i am re-repeating myself, if someone is not satisfied with EB3 wait times, they should of course try to file EB2 or EB1, but NOT at the expense of EB2 filers, they should NOT BE ALLOWED TO JUMP THE LINE.

Thanks.


Quote:
Originally Posted by pd_recapturing View Post
What a Bull Sh** ?? Are you saying that ppl who have applied under eb2 are the only ones who satisfy the eb2 criteria and eb3s can not satisfy the eb2 criteria ??? Come on ...this eb2 and eb3 thing is highly abused by lawyers, employers or employees .. I guess, you are in eb2 but I am sure if you go line by line of the law to recheck your eb2 eligibility, you might not even qualify for eb10,11, etc ....
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  #10 (permalink)  
Old 08-05-2008, 09:28 AM
NKR NKR is offline
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Default

Quote:
Originally Posted by Rolling_Flood View Post
What i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).

"Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.

If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.

I hope i have made my point clear? Thanks.
I am EB2 and I do not support this idea. Just imagine, someone could have applied in EB3 though he was qualified for EB2 because he was ill advised by his lawyers or employers. Why should he be punished TWICE for no fault of his?.

Last edited by NKR; 08-05-2008 at 09:31 AM.
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  #11 (permalink)  
Old 08-05-2008, 09:29 AM
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Default

Friend, How many times, you need to know that even job requirements do get rigged by lawyers and employers to accommodate ppl in eb2/eb3 ...and its not jumping the line ...the person has to restart the labor and 140 in order to change the category ...u cant compare it with labor substitution (if u r comparing !!)
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Old 08-05-2008, 09:29 AM
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Default Please do not play the innocent victim card

The said person should have been aware of what he or she was getting into. Blaming your hardship on other people and trying to get mileage out of it is hardly an honest way............would you agree?

Quote:
Originally Posted by NKR View Post
I am EB2 and I do not support this idea. Just imagine, someone could have applied in EB3 though he was qualified for EB2 because he was ill advised by his lawyers or employers. Why should he be punished for no fault of his?.
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  #13 (permalink)  
Old 08-05-2008, 09:33 AM
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Default I do not agree with you

No i am not comparing this to labor substitution. Also, i do not think what you said is true for ALL the people trying to port to EB2 by some means.

I intend to fight this legally and everyone else also has the same option of challenging my stand in court if they think i am wrong.

I am just here to gauge support (not monetary support) for the lawsuit, and to see if there are some angles which i am missing that may aid me.

Quote:
Originally Posted by pd_recapturing View Post
Friend, How many times, you need to know that even job requirements do get rigged by lawyers and employers to accommodate ppl in eb2/eb3 ...and its not jumping the line ...the person has to restart the labor and 140 in order to change the category ...u cant compare it with labor substitution (if u r comparing !!)
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  #14 (permalink)  
Old 08-05-2008, 09:33 AM
NKR NKR is offline
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Default

Quote:
Originally Posted by Rolling_Flood View Post
The said person should have been aware of what he or she was getting into. Blaming your hardship on other people and trying to get mileage out of it is hardly an honest way............would you agree?
So an employer cheating him into applying in EB3 is an honest way?
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Old 08-05-2008, 09:35 AM
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Default Lawsuit is open to everyone?

Why did they not take the employer to court? Why make the EB2 line suffer for these employer's faults?

If an employer wrongly files your case under EB3 instead of EB2 or EB1, then the onus is on you to challenge them and take them to court if need be.

Quote:
Originally Posted by NKR View Post
So an employer cheating him into applying in EB3 is an honest way?
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