shiankuraaf
03-16 12:45 PM
to see you get defensive and try to make a case etc...........it amuses me........thats why i am doing it!!! :)
I am just started looking at IV, even though I have joined more than six months ago, and I already started feeling that immigration system in US made many immigrant people crazy, sarcaustic and egoistic and offcourse fools.
This guy must be made up of one of those. Please advise him to visit a good psychotherapist for pshycho analysis of an immigrant struck in queue.
***Do not make waves, you would not drown or reach the land either.***
I am just started looking at IV, even though I have joined more than six months ago, and I already started feeling that immigration system in US made many immigrant people crazy, sarcaustic and egoistic and offcourse fools.
This guy must be made up of one of those. Please advise him to visit a good psychotherapist for pshycho analysis of an immigrant struck in queue.
***Do not make waves, you would not drown or reach the land either.***
wallpaper Posted in Angels amp; Airwaves,
greyhair
06-20 09:40 AM
My friend I have seen many things in my 45 years life. But never have I seen as much bullshit in one post. If you are so smart that your invention could lose $3 billion in a quarter, why are you unemployed for last 1 yr? If you don�t have a job it has got to be someone else�s fault, right? This is not a new trend. While you are ok to work in a company started by an immigrant or in a technology created by an immigrant, you find it morally wrong for immigrants to compete with you, right? As if immigrants should be denied to right to compete with �real Americans�. And this �real American� thing is so full of it. You are real American because your forefathers came here in 1700? But weren�t your forefathers ILLEGALLS when they came here uninvited? In a fair competition environment you are not going to get any edge over others just because someone has lived here for 5 generations.
None of us came here uninvited. For last 16 years I am here LEGALLY at the invitation of my employer - an American enterprise which makes and keeps America great. Your �real American� thing is so bullshit because everyone loves to claim that they are only �real Americans� and rest everyone is fake. I find your portrayal reprehensible that only you are on the side of �America� and you competition is �evil and against all Americans�. This is not only stupid, but plain dumb.
Simple fact is this, you cannot compete with your competition and for that reason you have to throw out this bull crap about �real American�, �illegal�, �Chinaman�, �Hitler� etc., did I miss something? Hear me out because this competition is not going to go away with Sander�s amendment or any other human law. Even if I leave, I will take my job with me and I will continue to compete with you. I will beat you again and again at any fair competition, even from the other side of the globe. The reason is, you are not willing to improve, learn and compete. But you can continue to complaint and cry foul. Sander�s amendment will not do iota to get you a job because you have been conditioned to live on unemployment compensation. Best of luck to the self style �real American� because with your attitude you sure need a whole lot of it.
At what point are all you anti-American morons going to end this. Immigration followed to the letter of the law - YES. But if you came here illegally, are working here illegally, or are for immigration in any other form than that of the letter of the law - I am sorry. But getting to the point of this. If it wasn't for all of this illegal immigration, if it wasn't for countries ESPECIALLY India and China driving the AMERICAN way of life as a race to the bottom instead of a race to the top - we would NOT need this law. See you all have it wrong - we TRUE aAmericans like me who have 5 generations going back to the late 1700's....my forefathers laid the plan - laid their lives down to build this country and I paid my dues to get my GOOD PAYING job in IT that I worked and slaved for 20 years. And to have an immigrant whose country has done nothing but ride the tailcoats of what we Americans have done and claim it as there own. We have a word for it here in the US - theft. And that is what it is - these jobs that we are trying to fight for here have been STOLEN. And yet there are so many of you who just think that is ok - sure who care let them go....if a Hitler type were to rise again and another World War were to come.....this GREAT Country that you declare to love would not be able to defend itself.....because it's fabric....it's backbone has been dismantled my the theft - by the race to the bottom, by whatever you want to call it....it's all but gone - the dream that you think is still there is a puff of smoke my friends...plain and simple. There is not an INDIAN or CHINAMAN that has the background in IT nor the number of US Patents, and inventions that I have given to the companies that I have worked for and for the country I love. Yet one year after being unemployed I still can't find a job and as a book that is about to be released will educate most on you of who I am find this out - I dare you to look carefully and see just how many others like me are being displaced by un-americans and how that knowledge is taking the competitiveness of the US and shipping it overseas. How sad it is. There is a chapter in the book of one of by greatest inventions that has stood for 10 years to protect a certain part of your life....it was never breached -it never failed in 10 years and yet last month, my former boss showed me how almost 3 billion dollars this quater of American wealth was erased because an Indian person now controls that system and doesn't understand what he's doing and even though I could point it out in a 10 minute conversation I won't and I hope that some of you who are saying no to this in a way without understanding it lose your hard earned money.....I certainly have lost more than you can imagine.....all I can say in the end is not God Bless the USA - but God Help Us.....God Help the USA.
None of us came here uninvited. For last 16 years I am here LEGALLY at the invitation of my employer - an American enterprise which makes and keeps America great. Your �real American� thing is so bullshit because everyone loves to claim that they are only �real Americans� and rest everyone is fake. I find your portrayal reprehensible that only you are on the side of �America� and you competition is �evil and against all Americans�. This is not only stupid, but plain dumb.
Simple fact is this, you cannot compete with your competition and for that reason you have to throw out this bull crap about �real American�, �illegal�, �Chinaman�, �Hitler� etc., did I miss something? Hear me out because this competition is not going to go away with Sander�s amendment or any other human law. Even if I leave, I will take my job with me and I will continue to compete with you. I will beat you again and again at any fair competition, even from the other side of the globe. The reason is, you are not willing to improve, learn and compete. But you can continue to complaint and cry foul. Sander�s amendment will not do iota to get you a job because you have been conditioned to live on unemployment compensation. Best of luck to the self style �real American� because with your attitude you sure need a whole lot of it.
At what point are all you anti-American morons going to end this. Immigration followed to the letter of the law - YES. But if you came here illegally, are working here illegally, or are for immigration in any other form than that of the letter of the law - I am sorry. But getting to the point of this. If it wasn't for all of this illegal immigration, if it wasn't for countries ESPECIALLY India and China driving the AMERICAN way of life as a race to the bottom instead of a race to the top - we would NOT need this law. See you all have it wrong - we TRUE aAmericans like me who have 5 generations going back to the late 1700's....my forefathers laid the plan - laid their lives down to build this country and I paid my dues to get my GOOD PAYING job in IT that I worked and slaved for 20 years. And to have an immigrant whose country has done nothing but ride the tailcoats of what we Americans have done and claim it as there own. We have a word for it here in the US - theft. And that is what it is - these jobs that we are trying to fight for here have been STOLEN. And yet there are so many of you who just think that is ok - sure who care let them go....if a Hitler type were to rise again and another World War were to come.....this GREAT Country that you declare to love would not be able to defend itself.....because it's fabric....it's backbone has been dismantled my the theft - by the race to the bottom, by whatever you want to call it....it's all but gone - the dream that you think is still there is a puff of smoke my friends...plain and simple. There is not an INDIAN or CHINAMAN that has the background in IT nor the number of US Patents, and inventions that I have given to the companies that I have worked for and for the country I love. Yet one year after being unemployed I still can't find a job and as a book that is about to be released will educate most on you of who I am find this out - I dare you to look carefully and see just how many others like me are being displaced by un-americans and how that knowledge is taking the competitiveness of the US and shipping it overseas. How sad it is. There is a chapter in the book of one of by greatest inventions that has stood for 10 years to protect a certain part of your life....it was never breached -it never failed in 10 years and yet last month, my former boss showed me how almost 3 billion dollars this quater of American wealth was erased because an Indian person now controls that system and doesn't understand what he's doing and even though I could point it out in a 10 minute conversation I won't and I hope that some of you who are saying no to this in a way without understanding it lose your hard earned money.....I certainly have lost more than you can imagine.....all I can say in the end is not God Bless the USA - but God Help Us.....God Help the USA.
uma001
07-29 09:20 AM
Did the companies ever give in written that our gc will be filed? and H1 extension will be applied? If yes you have a case at hand otherwise frustration
The issue with not filing green card is ,even if it is written in offer letter..The lawyer can always come and say ' We tried our best to apply for your grene card. But we could not demonstrate that we could not find american citizens with minimum requirements.'
A promise is a promise whether verbal or written.
In this matter desi consultancies are far better.
The issue with not filing green card is ,even if it is written in offer letter..The lawyer can always come and say ' We tried our best to apply for your grene card. But we could not demonstrate that we could not find american citizens with minimum requirements.'
A promise is a promise whether verbal or written.
In this matter desi consultancies are far better.
2011 Angels amp; Airwaves
frostrated
09-09 03:09 PM
For those of you thinking that EB3I will move forward once EB2 becomes current in the next year or so, please think again.
There are many EB2 I & C waiting to file their AOS applications. Anyone that missed the 2007 and 2008 windows, are eagerly waiting to file. It is estimated that there are a few thousand primary applicants in EB2 alone, each year from 2007 to 2010.
As a result, it is very unlikely that EB3 I will advance apart from its annual allocation of approximately 2800 visas. At the current rate, it will be three years before EB3 I 2002 is cleared, and many more years for the other years. In the meantime, there will be more applicants in EB2 category, thereby preventing your applications from being approved.
The options that lie before you are the passage of CIR, removal of country limits (which again is invariably tied to CIR), porting to EB2. The only option that is within your control is porting.
I would highly suggest that you use that option rather than rely on a change in law - a law that we have seen being dangled before us like a carrot for the past four years.
If you have been given a promotion or even offered one, take that. Contrary to what someone says about not being able to use experience in your current company, that is wrong to a certain extent. Experience in your current company in your current position cannot be used. But, experience in a different position in the same company can be used as experience to your EB2 status.
Take your promotion, and have the employer file a new labor petition. During the I-140 stage, port your EB3 priority date to your EB2 petition, and pretty much your 485 will be approved along with your 140, if not a few weeks after that (provided your PD is current).
Good luck in your porting. If you decide to wait until EB3I becomes current without porting, you are going to wait for a long time. I would suggest that anyone with a PD of Jan 2003+ to start your porting process. For the others, I'd suggest you wait it out as in the time it takes to do the porting, your 485 in EB3 will be approved.
There are many EB2 I & C waiting to file their AOS applications. Anyone that missed the 2007 and 2008 windows, are eagerly waiting to file. It is estimated that there are a few thousand primary applicants in EB2 alone, each year from 2007 to 2010.
As a result, it is very unlikely that EB3 I will advance apart from its annual allocation of approximately 2800 visas. At the current rate, it will be three years before EB3 I 2002 is cleared, and many more years for the other years. In the meantime, there will be more applicants in EB2 category, thereby preventing your applications from being approved.
The options that lie before you are the passage of CIR, removal of country limits (which again is invariably tied to CIR), porting to EB2. The only option that is within your control is porting.
I would highly suggest that you use that option rather than rely on a change in law - a law that we have seen being dangled before us like a carrot for the past four years.
If you have been given a promotion or even offered one, take that. Contrary to what someone says about not being able to use experience in your current company, that is wrong to a certain extent. Experience in your current company in your current position cannot be used. But, experience in a different position in the same company can be used as experience to your EB2 status.
Take your promotion, and have the employer file a new labor petition. During the I-140 stage, port your EB3 priority date to your EB2 petition, and pretty much your 485 will be approved along with your 140, if not a few weeks after that (provided your PD is current).
Good luck in your porting. If you decide to wait until EB3I becomes current without porting, you are going to wait for a long time. I would suggest that anyone with a PD of Jan 2003+ to start your porting process. For the others, I'd suggest you wait it out as in the time it takes to do the porting, your 485 in EB3 will be approved.
more...
perm2gc
01-10 09:24 PM
http://forums.about.com/n/pfx/forum.aspx?tsn=1&nav=messages&webtag=ab-immigration&tid=13914
Jaime
09-10 08:36 PM
Do you guys use Kayak for cheaper airfares? It works for me, check it out at www.kayak.com
more...
joydiptac
06-08 08:31 PM
Thanks Deepak for clearing the uncertainty. At least now I know my wait is 10 more years.
Wonder how many more years I will be able to keep my EB3 Job and job description. :(
This sort of slow torture is nothing less than "Curry Bashing" openly happening in Australia.
(Source : http://bkhush.com/dev/content/lets-go-curry-bashing )
The rate at which USCIS is denying H1B, L1 Extensions it EB 3- PD 2001 - Wait till 2015
EB 3- PD 2002 - Wait till 2019
EB 3- PD 2003 - Wait till 2024
Wonder how many more years I will be able to keep my EB3 Job and job description. :(
This sort of slow torture is nothing less than "Curry Bashing" openly happening in Australia.
(Source : http://bkhush.com/dev/content/lets-go-curry-bashing )
The rate at which USCIS is denying H1B, L1 Extensions it EB 3- PD 2001 - Wait till 2015
EB 3- PD 2002 - Wait till 2019
EB 3- PD 2003 - Wait till 2024
2010 angels and airwaves - breathe
delax
07-13 10:34 AM
Why didnt the EB2 ROW number trickle to ROW EB3 first?
Think about this for a minute. By doing so EB3-ROW is given precedence over EB2-Retro country after the ROW within EB2 has been satisfied. I cant see how that can make sense - not that anything in the GC sojourn makes sense. The categorization across employment categories is due to a difference in skill, training and experience level. Once the ROW demand within a category has been satisified, the retro country within the same category needs to get a preference over any lower category - sounds very harsh and heirarchical but thats how it is.
Think about this for a minute. By doing so EB3-ROW is given precedence over EB2-Retro country after the ROW within EB2 has been satisfied. I cant see how that can make sense - not that anything in the GC sojourn makes sense. The categorization across employment categories is due to a difference in skill, training and experience level. Once the ROW demand within a category has been satisified, the retro country within the same category needs to get a preference over any lower category - sounds very harsh and heirarchical but thats how it is.
more...
vine93
10-23 06:05 PM
bump
hair Angels And Airwaves – I
Sandeep
02-08 09:16 AM
Admin,
I beg to differ. As far as USCIS is concerned, it just forwards the security clearance request to FBI/Homeland security. It does not follow up unless you sue USCIS. As far as they are concerned, the "ball is in FBI's court" ( exact words of the representative). So NameCheck need to be a separate issue.
So what you are saying is that since this goes to FBI it is an interagency problem. Or that is what USCIS makes it out to be. So what is it that we are requesting
-FBI speeds up its operation?
-USCIS has some follow up system to check with FBI if the number of days elapsed are more than ____ days?
Since you are more knowledgable on this issue, please post
1. Description of the process and the reasons for the delay
2. Solutions that you think we can propose
Remember that none of us are working on this full time and we depend on such info from you. In the end there is no such thing as a "separate issue" - these are all stepping stones to our objective of getting a GC.
I beg to differ. As far as USCIS is concerned, it just forwards the security clearance request to FBI/Homeland security. It does not follow up unless you sue USCIS. As far as they are concerned, the "ball is in FBI's court" ( exact words of the representative). So NameCheck need to be a separate issue.
So what you are saying is that since this goes to FBI it is an interagency problem. Or that is what USCIS makes it out to be. So what is it that we are requesting
-FBI speeds up its operation?
-USCIS has some follow up system to check with FBI if the number of days elapsed are more than ____ days?
Since you are more knowledgable on this issue, please post
1. Description of the process and the reasons for the delay
2. Solutions that you think we can propose
Remember that none of us are working on this full time and we depend on such info from you. In the end there is no such thing as a "separate issue" - these are all stepping stones to our objective of getting a GC.
more...
wellwishergc
08-02 02:42 PM
:D :D
Why don't we nominate your name for the post of 'Director' of USCIS?:D
The visa numbers for Indians in EB2 category is 'unavailable' currently. Every month the USCIS estimates (rather guesses :rolleyes:) the demand for visas in each category adds to it their own forecasted work pace and based on some super secretive formula comes up with a cut-off date....as we all have seen this formula is by no means accurate (knowing how it went from being current for all employment based category in sept 05 to unavailable for eb3 indians at begining of they year to the dates moving 5 years for chinese eb2 in a few months..etc ..etc)
Wouldn't it be nice if USCIS gives themselves a break from the stressful guess work ;) every october and instead of giving cut-off dates, just make eb1-3 'available' for all across the board...then all of us waiting with approved i140's can file 485...get EADs..our wives can work...we can change jobs per will and live happily ever after...May be they can use the data gathered from all the petition received to forecast a better cut-off date for the remaining 11 months...And if they repeat this every year....the most one would have to wait with an approved I40 to file I485 is one year....I am sure lot of guys with pending applications at BECs would also jump on this idea and file new perm petitions...effectively reducing the backlog..if not eliminating it.
Mean while I am proposing all this in humour and not advocating IV to adopt it in their agenda :) ...so don't start pounding on me just yet...
Why don't we nominate your name for the post of 'Director' of USCIS?:D
The visa numbers for Indians in EB2 category is 'unavailable' currently. Every month the USCIS estimates (rather guesses :rolleyes:) the demand for visas in each category adds to it their own forecasted work pace and based on some super secretive formula comes up with a cut-off date....as we all have seen this formula is by no means accurate (knowing how it went from being current for all employment based category in sept 05 to unavailable for eb3 indians at begining of they year to the dates moving 5 years for chinese eb2 in a few months..etc ..etc)
Wouldn't it be nice if USCIS gives themselves a break from the stressful guess work ;) every october and instead of giving cut-off dates, just make eb1-3 'available' for all across the board...then all of us waiting with approved i140's can file 485...get EADs..our wives can work...we can change jobs per will and live happily ever after...May be they can use the data gathered from all the petition received to forecast a better cut-off date for the remaining 11 months...And if they repeat this every year....the most one would have to wait with an approved I40 to file I485 is one year....I am sure lot of guys with pending applications at BECs would also jump on this idea and file new perm petitions...effectively reducing the backlog..if not eliminating it.
Mean while I am proposing all this in humour and not advocating IV to adopt it in their agenda :) ...so don't start pounding on me just yet...
hot angels and airwaves artist
ItIsNotFunny
10-16 06:12 PM
-Someone gave me RED for this posting with NO comments-
I wish that educated moron could come in open to discuss the alternative approaches. with a issues like this probably we need mltiple approaches to get our msg clear.
It looks like someone just walked by put red dot with "." as comment to everyone. Gave one to me too... Just ignore. Its not important. More important is what exactly we want to do.
Whatever we decide, lets finalize and start working on it. I remember famous quote from Walt Disney: "The best way to get something done is start doing it."
I wish that educated moron could come in open to discuss the alternative approaches. with a issues like this probably we need mltiple approaches to get our msg clear.
It looks like someone just walked by put red dot with "." as comment to everyone. Gave one to me too... Just ignore. Its not important. More important is what exactly we want to do.
Whatever we decide, lets finalize and start working on it. I remember famous quote from Walt Disney: "The best way to get something done is start doing it."
more...
house angels and airwaves lyrics
vin13
02-28 11:18 AM
I may be able to help get air tickets to a couple of individuals.
Please PM me with your Name, phone number, and good time to reach (with time zone) if you are in need of air ticket help for the advocacy event.
Thanks
Please PM me with your Name, phone number, and good time to reach (with time zone) if you are in need of air ticket help for the advocacy event.
Thanks
tattoo Angels and Demons Categories:
StarSun
09-10 11:01 AM
One of the main things that could help us to make a correct guess is number of approved and pending I-140s per country per year of priority.
USCIs shouldn't say they don't have this data and we shouldn't say we never requested this
While there is nothing wrong in knowing the correct pending numbers, there is nothing to gain actually from it. If the goal is to guess correctly when you will be current, then this is worthwhile!!
USCIs shouldn't say they don't have this data and we shouldn't say we never requested this
While there is nothing wrong in knowing the correct pending numbers, there is nothing to gain actually from it. If the goal is to guess correctly when you will be current, then this is worthwhile!!
more...
pictures Angels and Airwaves
Legal
07-04 08:38 PM
only other thing that would help India EB2,3 would be to use these recaptured numbers to be used ONLY for priority dates older than 3years or something like that. Even if achieve legislation to recapture the EB numbers.. unlesss we seek something like this EB India will be screwed for ever.
I meant without country cap....
I meant without country cap....
dresses Re: Submit your AVA Wallpapers
tapukakababa
07-18 10:01 AM
can some one call 1-800-375-5283, with ext 1,2,3,6 and talk to a person at USCIS and see what they know about the applications on july 2nd. i am on the pacific coast and it is still not 8 here. seems like they only talk between 8 and 6
what should we ask them for if we call, 'coz they might not have entered our file in their system yet.
what should we ask them for if we call, 'coz they might not have entered our file in their system yet.
more...
makeup Re: Submit your AVA Wallpapers
puddonhead
08-10 02:25 PM
I think it will be a lot easier to focus out energies to port ourselves to EB2/EB1.
Most of us would have bachelors + 5 years. So EB2 shouldn't be any problem as long as you are willing to change jobs and the employer is willing to file for GC.
Personally, the next time I'm in a position to drive a hard bergain for a job negotiation (still difficult in the current economic environment) - I will try to shoot for a 1 year foreign assignment -> EB1 route. I still curse myself for letting go of one such opportunity in 2006 becuase I did not want to go to London.
So if anybody knows companies that have started filing for GCs again after the freeze of last year - please let us know.
I think that discussion will be far more productive than any wishful reinterpretation of the law.
Most of us would have bachelors + 5 years. So EB2 shouldn't be any problem as long as you are willing to change jobs and the employer is willing to file for GC.
Personally, the next time I'm in a position to drive a hard bergain for a job negotiation (still difficult in the current economic environment) - I will try to shoot for a 1 year foreign assignment -> EB1 route. I still curse myself for letting go of one such opportunity in 2006 becuase I did not want to go to London.
So if anybody knows companies that have started filing for GCs again after the freeze of last year - please let us know.
I think that discussion will be far more productive than any wishful reinterpretation of the law.
girlfriend Re: Submit your AVA Wallpapers
yganreddy
07-07 03:54 AM
COngratulations. Enjoy your green.
Got approval emails yesterday.
PD Feb 2004
EB2 India
LC Approved 8/10/06
140 Approved 2/12/07
485 Filed on 6/27/07 NSC
Got approval emails yesterday.
PD Feb 2004
EB2 India
LC Approved 8/10/06
140 Approved 2/12/07
485 Filed on 6/27/07 NSC
hairstyles icons, wallpapers, etc.
paskal
01-20 07:34 AM
i guess i'm officially depressed :-)
hara_patta_for_rico
07-10 08:12 AM
It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....
feedfront
09-21 05:10 PM
Well, I talked to my civil surgeon who did medical exam report. He said he no longer does this anymore. So I will have to redo exam.
My attorney will be just sending new medical report and not AC-21.
My attorney will be just sending new medical report and not AC-21.