H4_losing_hope
02-12 06:44 PM
please could you top mine off when you have chance so I still feel like I am competing with these long distance runners hehe. Thanks :)
wallpaper Justin Bieber (2-1) vs. Jaden
akr_roy
07-21 09:13 AM
Hey Risker,
It is a FACT that you/your class is more agrieved than any other possible class. But we need to be high on intellect and low on emotions. There is reason to wait till SEP. Besides although I am not sure but Labor and I-140s are for the Employers and Employees take over only in the I-485 stage. So we need to strategize instead of doing wishfull thinking. Its lot usefull if we be analytical in these threads rather than pouring out emotions.
regards
It is a FACT that you/your class is more agrieved than any other possible class. But we need to be high on intellect and low on emotions. There is reason to wait till SEP. Besides although I am not sure but Labor and I-140s are for the Employers and Employees take over only in the I-485 stage. So we need to strategize instead of doing wishfull thinking. Its lot usefull if we be analytical in these threads rather than pouring out emotions.
regards
walking_dude
10-15 05:45 PM
Michigan, find your Immigration Voice on 10/20. For when, where and what, look below!
2011 Jaden Smith and Justin Bieber
factoryman
02-12 12:15 PM
we have to take the word from IV as truth but with a grain of salt. As unitednations alluded to, this push is coming from Employers. That should make us worry and STOP this grab.
Believe me, efforts are underway full swing to grab these unused EB3 visas. Apart from the references I made in my post, I also am in touch with a Staffing firm that recruit nurses from non-US countires.
We have discussed a lot about things in this forum. Every person came up different thought, links etc and moreover our goal of adding I-485 in this feb bill.
After reading all the post mentioned by IV core, it is clear that no one can do anyting about it, there is no lobbyist that can force this to happen
So our struggle is useless, some may not agree to it because, they say they are pushing and trying to make voice that can be heard by the congress.
Congress did not listen to those million illegals on what grounds we expect our voice to be heard.
I say it again, our struggle is useless. When they wish then only something might happen.
ASTA LA VISTA
Read my post, if you have already not done so. (http://immigrationvoice.org/forum/showpost.php?p=47943&postcount=38)
Believe me, efforts are underway full swing to grab these unused EB3 visas. Apart from the references I made in my post, I also am in touch with a Staffing firm that recruit nurses from non-US countires.
We have discussed a lot about things in this forum. Every person came up different thought, links etc and moreover our goal of adding I-485 in this feb bill.
After reading all the post mentioned by IV core, it is clear that no one can do anyting about it, there is no lobbyist that can force this to happen
So our struggle is useless, some may not agree to it because, they say they are pushing and trying to make voice that can be heard by the congress.
Congress did not listen to those million illegals on what grounds we expect our voice to be heard.
I say it again, our struggle is useless. When they wish then only something might happen.
ASTA LA VISTA
Read my post, if you have already not done so. (http://immigrationvoice.org/forum/showpost.php?p=47943&postcount=38)
more...
needhelp!
02-12 03:25 PM
waiting4gc has 144 letters to his credit.
Thank you!
Thank you!
jonty_11
07-14 12:26 PM
Are we assuming that all the BEC (Backlog Elimination Center) EB2's have already gotten their GCs..?
more...

apnaapna
04-17 10:22 PM
I work for the fortune 500 company, fragomen filed my case very last minute (just a day my 5th year finishes). I do not know why they did like that though the HR initiated my GC long time back. I found many of my friends also had similar issues. They really test your patience. One of my friend's case, they have totaly screwed up by filing last minute.
2010 Justin Bieber Sits Courtside
gcformeornot
02-02 01:06 PM
There are around 400 immigration litigation lawyers. If 10 members can volunteer and send this template it can be done. I am in between projects and I cannot devote any more time for this. If anybody takes control of this thread and contacting the lawyers I would be most happiest person. Pls don't tell me that there are no leaders in this group of 25,000 people who can do this miniscule task of contacting 400 lawyers and co-ordinating with them.
Search Results (http://www.ailalawyer.com/SearchResults.aspx?LanguageId=english&pid=326&Lang=99&miles=100)
TEMPLATE LETTER
Sir/Madam,
We are a legal immigration association with more than 25,000 members in different visa statuses like H1-B etc. There is a per country quota which prevents any country from getting more than 9800 visas.
Visa Bulletin for February 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4611.html)
This effects permanent residency (both familty based and employment based)applicants from India, China, Mexico and Philippies only. For example an Indian engineer with a masters degree has to wait 7-8 years for his permanent residency while an engineer with a masters degree from Mauritius would get his green card immediately.
We would like to challenge this racist federal immigration law. We would greatly appreciate if your organisation can help us from doing so.
These are some of the facts from the basic legal research that I have done.
Different Supreme Court Decisions
Find your legal rights, legal Information, law for common legal issues including lawyers for legal advice or legal help to your legal issues (http://public.findlaw.com/civil-righ...n-history.html)
Gratz v. Bollinger
Gratz v. Bollinger - Wikipedia, the free encyclopedia (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
Regents of the University of California v. Bakke - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Bakke_v._Regents)
Supreme Court Opinions
Lawyer, Lawyers, Attorney, Attorneys, Law, Legal Information - FindLaw (http://caselaw.lp.findlaw.com/data/c...ment14/20.html)
Lawyer, Lawyers, Attorney, Attorneys, Law, Legal Information - FindLaw (http://caselaw.lp.findlaw.com/data/c...ment14/30.html)
Articles
http://www.usatoday.com/news/washing...me-court_N.htm
http://www.enotes.com/everyday-law-e...against-racial
Thanks,
XXX
but you know most users will do????? Give you a GREEN :D
Search Results (http://www.ailalawyer.com/SearchResults.aspx?LanguageId=english&pid=326&Lang=99&miles=100)
TEMPLATE LETTER
Sir/Madam,
We are a legal immigration association with more than 25,000 members in different visa statuses like H1-B etc. There is a per country quota which prevents any country from getting more than 9800 visas.
Visa Bulletin for February 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4611.html)
This effects permanent residency (both familty based and employment based)applicants from India, China, Mexico and Philippies only. For example an Indian engineer with a masters degree has to wait 7-8 years for his permanent residency while an engineer with a masters degree from Mauritius would get his green card immediately.
We would like to challenge this racist federal immigration law. We would greatly appreciate if your organisation can help us from doing so.
These are some of the facts from the basic legal research that I have done.
Different Supreme Court Decisions
Find your legal rights, legal Information, law for common legal issues including lawyers for legal advice or legal help to your legal issues (http://public.findlaw.com/civil-righ...n-history.html)
Gratz v. Bollinger
Gratz v. Bollinger - Wikipedia, the free encyclopedia (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
Regents of the University of California v. Bakke - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Bakke_v._Regents)
Supreme Court Opinions
Lawyer, Lawyers, Attorney, Attorneys, Law, Legal Information - FindLaw (http://caselaw.lp.findlaw.com/data/c...ment14/20.html)
Lawyer, Lawyers, Attorney, Attorneys, Law, Legal Information - FindLaw (http://caselaw.lp.findlaw.com/data/c...ment14/30.html)
Articles
http://www.usatoday.com/news/washing...me-court_N.htm
http://www.enotes.com/everyday-law-e...against-racial
Thanks,
XXX
but you know most users will do????? Give you a GREEN :D
more...
nixstor
07-05 11:39 AM
I guess they(morons, per your definition) are all techincally correct based on past memo's explaining USCIS stand on postmark dates,last working day in a month rule, the time at which the application was received(the revised bulletin was not yet published) etc etc
no matter what, the decision of accepting the applications is at USCIS's discretion.They can reject applications received in the last week of June as well if they want to.Period.
Calling USCIS is not going to help any single beneficiary. I guess this has been already answered by Oh. As long as we do not get away from concentrating too much on "Whats happening with my application?" we are going to sulk.
no matter what, the decision of accepting the applications is at USCIS's discretion.They can reject applications received in the last week of June as well if they want to.Period.
Calling USCIS is not going to help any single beneficiary. I guess this has been already answered by Oh. As long as we do not get away from concentrating too much on "Whats happening with my application?" we are going to sulk.
hair Justin Bieber and Jaden Smith
go_gc_way
07-10 06:55 PM
Well-said POSMd. It must have been very difficult to spend time (even it is 1 Hour a day) after your job towards a common cause. Voluntarily.
Hopefully those who are in frustration, though understandable, can come up with other better ideas to help resolve the problem. I suggest ,contact core Team and let them know how can you help with your time.
My understanding, progress on problems like this can be expected in Months not days.
Hopefully those who are in frustration, though understandable, can come up with other better ideas to help resolve the problem. I suggest ,contact core Team and let them know how can you help with your time.
My understanding, progress on problems like this can be expected in Months not days.
more...
vbkris77
03-05 09:37 AM
What we get
1. We get number of EB2,EB3 Primary and EB2,EB3 Dependent applications.
2. From the wordings, I won't be suprized if they give a summarized number from 2001.
But if someone else requested this info broken into PD buckets by month and Year, then I think we need to use that. The letter I sent had that wording, but I never received any response yet.
Here is what we don't get
1. Break up by country - Helps folks in EB3 as ROW is not current
2. Some might have not applied for AOS for various reason like their I140 is still pending, Some companies mandate that. - This could be a small percentage
3. Break-up by PD month& year
More insight is welcome.. Pre-adjudicated cases are not approved cases. So they can't eliminate them..
I have received a response on my request last year to USCIS for information on number of AOS applications pending. Here it is:
--------------------------------------
February 24, 2009
NRC2008065126
We received your request for information relating to Adjustment of Status applications in the employment-based category. You have specifically requested the number of pending employment based AOS applications, (excluding approved, denied) filed with USCIS since 2001, for each of the following countries and categories:
- EB-2 China
- EB-2 India
- EB-3 China
- EB-3 India
- EB-3 Mexico
- EB-3 Philippines
- EB-3 Rest of the World
Your request is being handled under the provisions of the Freedom of Information Act (5 U.S.C 552). It has been assigned the following control number: NRC2008065126. Please cite th is number in any further inquiry about this request.
In order to extract the information you have requested, a customized computer program will be required. You will be charged for the time it takes to write the program as well as the time involved in running the query to extract the date. You will not be charged for duplication, review and search time. We estimate the cost to be $5000.00. Due to the time and effort involved, you will be asked to sign an advance fee agreement before we proceed with your request. In addition, a deposit of $2500.00 payable by check or money order, must be paid within 30 days of the date of this notification. Please make your check payable to the United States Treasury, Failure to submit the $2500.00 deposit within the time frame given will result in your request being administratively closed.
In order to assure that we provide the information you seek in the format you have requested, we ask that you clarify the information sought. Employment based status is broken down into the following 14 categories.
_____________
NRC2008065126
Page 2
E21 203(b)(2) PROF/EXCPTNL ABILITY
E22 SPOUSE OF ES1 OR E21
E23 CHILD OF ES1 OR E21
E26 203(b)(2) PROF/EXCPTNL ABILITY
E27 SPOUSE OF ES6
E28 CHILD OF ES6
E30 203(b)(3) CHILD OF E36, E37
E31 203(b)(3)(A)(i) SKILLED WORKER
E32 203(b)(3)(A)(ii) PROFESSIONAL
E34 203(b)(3)(A) SPOUSE OF E31, E32
E35 203(b)(3)(A) CHILD OF E31, E32
E36 203(b)(3)(A)(i) SKILLED WORKER
E37 203(b)(3)(A)(ii) PROFESSIONAL
E39 203(b)(3)(A) SPOUSE OF E36, E37
Are you asking tha the information we provide be broken down into the categories listed above, or may we group all EB-2 categories and ass EB-3 categories together?
Please define priority date.
You have asked for information concerning the country of chargeability. This information is not assigned until the application is approved or denied. Since you have requested information on pending applications only, this information is not available.
If you have any questions concerning your pending FOIA/PA request, please address them to this office, Attention: FOIA/PA Officer, or call us at 816-350-5570, or fax any FOIA/PA related correspondence to 816-350-5785.
Sincerely,
T. Diane Cejka
Director
___________________________
I will post a scan tomorrow
From what I understand, they aren't able to get the numbers by country of chargeablility.
Its funny they are asking me to define priority date ! :)
1. We get number of EB2,EB3 Primary and EB2,EB3 Dependent applications.
2. From the wordings, I won't be suprized if they give a summarized number from 2001.
But if someone else requested this info broken into PD buckets by month and Year, then I think we need to use that. The letter I sent had that wording, but I never received any response yet.
Here is what we don't get
1. Break up by country - Helps folks in EB3 as ROW is not current
2. Some might have not applied for AOS for various reason like their I140 is still pending, Some companies mandate that. - This could be a small percentage
3. Break-up by PD month& year
More insight is welcome.. Pre-adjudicated cases are not approved cases. So they can't eliminate them..
I have received a response on my request last year to USCIS for information on number of AOS applications pending. Here it is:
--------------------------------------
February 24, 2009
NRC2008065126
We received your request for information relating to Adjustment of Status applications in the employment-based category. You have specifically requested the number of pending employment based AOS applications, (excluding approved, denied) filed with USCIS since 2001, for each of the following countries and categories:
- EB-2 China
- EB-2 India
- EB-3 China
- EB-3 India
- EB-3 Mexico
- EB-3 Philippines
- EB-3 Rest of the World
Your request is being handled under the provisions of the Freedom of Information Act (5 U.S.C 552). It has been assigned the following control number: NRC2008065126. Please cite th is number in any further inquiry about this request.
In order to extract the information you have requested, a customized computer program will be required. You will be charged for the time it takes to write the program as well as the time involved in running the query to extract the date. You will not be charged for duplication, review and search time. We estimate the cost to be $5000.00. Due to the time and effort involved, you will be asked to sign an advance fee agreement before we proceed with your request. In addition, a deposit of $2500.00 payable by check or money order, must be paid within 30 days of the date of this notification. Please make your check payable to the United States Treasury, Failure to submit the $2500.00 deposit within the time frame given will result in your request being administratively closed.
In order to assure that we provide the information you seek in the format you have requested, we ask that you clarify the information sought. Employment based status is broken down into the following 14 categories.
_____________
NRC2008065126
Page 2
E21 203(b)(2) PROF/EXCPTNL ABILITY
E22 SPOUSE OF ES1 OR E21
E23 CHILD OF ES1 OR E21
E26 203(b)(2) PROF/EXCPTNL ABILITY
E27 SPOUSE OF ES6
E28 CHILD OF ES6
E30 203(b)(3) CHILD OF E36, E37
E31 203(b)(3)(A)(i) SKILLED WORKER
E32 203(b)(3)(A)(ii) PROFESSIONAL
E34 203(b)(3)(A) SPOUSE OF E31, E32
E35 203(b)(3)(A) CHILD OF E31, E32
E36 203(b)(3)(A)(i) SKILLED WORKER
E37 203(b)(3)(A)(ii) PROFESSIONAL
E39 203(b)(3)(A) SPOUSE OF E36, E37
Are you asking tha the information we provide be broken down into the categories listed above, or may we group all EB-2 categories and ass EB-3 categories together?
Please define priority date.
You have asked for information concerning the country of chargeability. This information is not assigned until the application is approved or denied. Since you have requested information on pending applications only, this information is not available.
If you have any questions concerning your pending FOIA/PA request, please address them to this office, Attention: FOIA/PA Officer, or call us at 816-350-5570, or fax any FOIA/PA related correspondence to 816-350-5785.
Sincerely,
T. Diane Cejka
Director
___________________________
I will post a scan tomorrow
From what I understand, they aren't able to get the numbers by country of chargeablility.
Its funny they are asking me to define priority date ! :)
hot Justin Bieber amp; Jaden Smith
bigboy007
05-30 07:08 PM
What happened to this bill ? Skilled Worker Immigration and Fairness Act'
by lieberman , it says its referred to Judicial committee , but as a matter of fact Durbin - Grassley who are proposing amendment against H1B , are part of this committee what are the chances or how can we guess when it will come to Senate discussion.
S1397
by lieberman , it says its referred to Judicial committee , but as a matter of fact Durbin - Grassley who are proposing amendment against H1B , are part of this committee what are the chances or how can we guess when it will come to Senate discussion.
S1397
more...
house Singer Justin Bieber takes us
spdy_mn
05-30 06:34 PM
would create a quota exemption for certain highly skilled immigrants who have at least three years of U.S. work experience.
That pretty much covers almost all of us in IV
That pretty much covers almost all of us in IV
tattoo Justin Bieber amp; Jaden Smith,
H4_losing_hope
03-03 10:16 PM
Just mailed 11 letters.
Great stuff!
Great stuff!
more...
pictures Today, Justin Bieber and Jaden
GotGC??
11-14 08:27 PM
Yes, now is the time to act!
dresses Justin Bieber, Jaden Smith
chanduv23
02-07 01:56 PM
I have mailed 17 more individual signed letters to WH address this afternoon and copy of these 17 signed letters in one envelope to IV address. Good to see new date. I will continue to get as many as I can before this new date.
Collected 11 signatures during NJ trip and I guess these will go into NJ account..and 6 signatures from FL [11(NJ)+07(FL)=17]
Arvind
Well as it is u who collected these - they go into ur account - congrats. They are your effort
Collected 11 signatures during NJ trip and I guess these will go into NJ account..and 6 signatures from FL [11(NJ)+07(FL)=17]
Arvind
Well as it is u who collected these - they go into ur account - congrats. They are your effort
more...
makeup Will Smith started his career
what_now
05-24 07:38 AM
bump///
girlfriend Now Bieber has released the
bigboy007
06-10 12:20 PM
everybody is quoting SFGate article can you prove the same , these ideas are addressed in article even kennedy says "Oh this bill will bring many issues of legals in to light " but not in numbers in CIR bill , if one reads the article he will think heaven is going to fall in CIR bill but reality is Its not heaven its hell as you the actual CIR.
Only time has to decide this week will decide whether indeed CIR resurrects ( chances are more than 80% if so current EB issue be addressed ?) lets see.
Only time has to decide this week will decide whether indeed CIR resurrects ( chances are more than 80% if so current EB issue be addressed ?) lets see.
hairstyles Usher, Justin Bieber and Jaden
GCBy3000
07-17 03:54 PM
Will a part time MBA / executive MBA from reputed university do any trick for the existing H1b holders? I am not asking this for GC, but it is mere co-incidence with SKIL bill and my intention of doing MBA.
The very first para in August 2006 visa bulletin says...
This bulletin summarizes the availability of immigrant numbers during August. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by July 10th in the chronological order of the reported priority dates.
MY COMMENTS:
In may it was Apr'08, then it was Apr'15 and now it is again Apr'01. So when the dates are in April 15, more people have applied for 485(than I have imagined) to consume the VISA availability quota. I wonder, if those many people are there from 2001 April and before to consume the quota, then when will the datel move to May'01. Forget about the visa dates moving to July/Aug/..Dec 01.
If the SKIL bill or any other provision is not passed into the law, it is always better to have a secondary plan to save the career at least. It is better to think our family and career assuming what we will be doing if the priority dates does not cross Dec'01 in the next five years.
I personally think to move back to India if I do not see anything by march next year. Already I am in the end of seventh year. If the SKIL bill is not passed, I donot want to do a MBA here by spending 40K(partime ,100K fulltime) and then doing a sr.software er job. With the spagetti law, I cannot change my roles whatever qualifications I add after applying for my GC. I have been postponing the idea of starting my MBA for long time becos I would like to file my 485 before I work on that. Otherwise it is waste of time, energy and money. What a HELL...............
IF the U.S Master's exception goes through, its pretty obvious that the DOS will tighten the screws on F1 Visa approvals by a magnitude of 100(unless F1 is made a dual intent visa... and that's like asking for the sky), and also USCIS will make in close to impossible to change non-immigrant visas status to F1( from say H1B). So it’s more than the 20K to get ahead of the line. The only benefit will be for folks already with a U.S Master's or it will be a new rat hole, fighting the Consulates/USCIS for F1 status.
The very first para in August 2006 visa bulletin says...
This bulletin summarizes the availability of immigrant numbers during August. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by July 10th in the chronological order of the reported priority dates.
MY COMMENTS:
In may it was Apr'08, then it was Apr'15 and now it is again Apr'01. So when the dates are in April 15, more people have applied for 485(than I have imagined) to consume the VISA availability quota. I wonder, if those many people are there from 2001 April and before to consume the quota, then when will the datel move to May'01. Forget about the visa dates moving to July/Aug/..Dec 01.
If the SKIL bill or any other provision is not passed into the law, it is always better to have a secondary plan to save the career at least. It is better to think our family and career assuming what we will be doing if the priority dates does not cross Dec'01 in the next five years.
I personally think to move back to India if I do not see anything by march next year. Already I am in the end of seventh year. If the SKIL bill is not passed, I donot want to do a MBA here by spending 40K(partime ,100K fulltime) and then doing a sr.software er job. With the spagetti law, I cannot change my roles whatever qualifications I add after applying for my GC. I have been postponing the idea of starting my MBA for long time becos I would like to file my 485 before I work on that. Otherwise it is waste of time, energy and money. What a HELL...............
IF the U.S Master's exception goes through, its pretty obvious that the DOS will tighten the screws on F1 Visa approvals by a magnitude of 100(unless F1 is made a dual intent visa... and that's like asking for the sky), and also USCIS will make in close to impossible to change non-immigrant visas status to F1( from say H1B). So it’s more than the 20K to get ahead of the line. The only benefit will be for folks already with a U.S Master's or it will be a new rat hole, fighting the Consulates/USCIS for F1 status.
gonecrazyonh4
03-16 02:28 PM
I agree with you. Why are we penalised for being on H4 Visa ?
Most people on H4 Visas are well educated and would easily be able to contribute to american economy. We are lawabiding and can give so much to american economy. All our talents are wasted and skills are rotting sitting around for the backlog centers to clear the LC's and for retrogression to end.Meanwhile we practically have no life and are completely dependant .
Immigration Voice should try to include the greviances of H4 spuses into consideration.
Most people on H4 Visas are well educated and would easily be able to contribute to american economy. We are lawabiding and can give so much to american economy. All our talents are wasted and skills are rotting sitting around for the backlog centers to clear the LC's and for retrogression to end.Meanwhile we practically have no life and are completely dependant .
Immigration Voice should try to include the greviances of H4 spuses into consideration.
jkays94
07-21 08:26 PM
AILA now feels defeated because they could not show themselves as the protector of this community. If you see the lawsuit text by AILF, it clearly asks for money for lawyer fees, but does not asks for moeny for Medical exam and mental agony. So if you are going to trust your lawyers to help you, then good luck.
By the way, your Indian lawyer I dont know the name, sued DOL once and lost.
IV alone did not win the battle alone, it took the concerted efforts of IV and other organizations including AILA and the threat of the AILF lawsuit to get DOS and USCIS to relent and reverse their decision.
It obvious you misunderstood the purpose of the AILF lawsuit. Why file a lawsuit seeking injunctive relief to allow plaintiffs to file and at the same time demand reimbursement of medical fees and compensation for mental agony (I doubt if there were any plaintiffs put on anti-depressants or therapy in those two weeks as a result of the decision). You can't have your cake and eat it, you either win the case to enable filing, or you sue for damages incurred as a result of the decision but then you have to forget about contesting the ability to file, I'm sure any sane individual will be glad to choose the former and in this case thats what the lawsuit reflects. If you have ever read any class action lawsuit, the lawyers always ask for costs of the suit, this is normal even in non class action lawsuits, the loosing party pays the prevailing party's costs!
In the prior lawsuit that was lost, it is clear that Rajiv said recently that such cases against the executive branch of government need to filed in other federal court circuits other than the DC one where it is likely they will not be inclined to frown when deciding against the executive. For the record, his lawsuit was not against the DOL.
By the way, your Indian lawyer I dont know the name, sued DOL once and lost.
IV alone did not win the battle alone, it took the concerted efforts of IV and other organizations including AILA and the threat of the AILF lawsuit to get DOS and USCIS to relent and reverse their decision.
It obvious you misunderstood the purpose of the AILF lawsuit. Why file a lawsuit seeking injunctive relief to allow plaintiffs to file and at the same time demand reimbursement of medical fees and compensation for mental agony (I doubt if there were any plaintiffs put on anti-depressants or therapy in those two weeks as a result of the decision). You can't have your cake and eat it, you either win the case to enable filing, or you sue for damages incurred as a result of the decision but then you have to forget about contesting the ability to file, I'm sure any sane individual will be glad to choose the former and in this case thats what the lawsuit reflects. If you have ever read any class action lawsuit, the lawyers always ask for costs of the suit, this is normal even in non class action lawsuits, the loosing party pays the prevailing party's costs!
In the prior lawsuit that was lost, it is clear that Rajiv said recently that such cases against the executive branch of government need to filed in other federal court circuits other than the DC one where it is likely they will not be inclined to frown when deciding against the executive. For the record, his lawsuit was not against the DOL.
No comments:
Post a Comment