Let's hire a lawyer and fight back ? October 2005.

M

marlon2006

Registered Users (C)
Anyone here interested in donating money to hire a lawyer that could represent us to protest against these October Visa 2005 cut-off dates ?

Basically most of us employment based GC applicants are paying taxes in this country without any permanent residency benefits. Money to keep renewing H1B, EAD and AP can generate significant revenue to the government. Do the math and you will realize that dragging out this permanent residency application may indeed be a great advantage to the government and US employers. I think that may be an exploitation against honest and hard working professionals. It is a big disadvantage to us, as living in a limbo state for this long is uncomfortable at best and many of our marriages have been affected since our spouses cannot work. Also, career stagnation is a serious issue and that's what we have been submitted to even with this AC21 portability that gives room for subjective interpretations on what "same or similar occupation" is.

Can someone contact Rajiv and setup a consultantion and see whether he could represent us to take legal action against the unavailability of Visa numbers published by USCIS ? I wouldn't wait any longer for "backlog reduction plans", etc. Obviously all that backlog reduction plan is just a fantasy. Honestly, do you really think whoever planned such backlog reduction didn't know Visa numbers wouldn't be available by now ?
 
sure...

why not?...By doing this can we expect positive outcome?...then we should do it...Thanks for your suggestion.
 
Lets start a new thread, and post in all service centers, lets see the response/suggestions.
 
i am in

i would not mind contributing to this cause.
we will sue on the basis that there were no apps in eb3 with 98 pd.

thanks
PD:Sep'99,EB3
485RD:Oct,04
 
And what/who exactly are you going to fight?

USCIS and DOS do not create the immigration law, they just execute it. Those PD cut-off dates are the logical and mathematical consequence of the LAW.

At this point, the problem is a political issue, rather than an administrial or legal one. Therefore the solution can only be a political one.
 
Please write to your congressman , senator...here is how

http://www.house.gov/writerep/

http://www.senate.gov/


Respected Sir,

I am a resident of XXX for past X years. I am a Software Engineer working in USA for past X years or so. I am currently in the process of obtaining my green card through the EB3 category. My application has been pending since early 200X.

Today the USCIS released the October Visa bulletin.

http://travel.state.gov/visa/frvi/bulletin/bulletin_2631.html

According to this bulletin , cut off date for EB3 category for Indian citizens is set as Jan 1998. I know a lot of Indian citizens residing in this area who will be affected pretty badly by this.

I really fear that the contributions that we as law abiding, tax paying residents of this country had done are going unrecognized. Also, I doubt if this immigration policy goes in line, with one of the fundamental principles of this great nation, which always believed in quality immigration.

So, I humbly request you to do anything that you can in your power to reclaim the visa numbers that had been lost over the last few years, and alleviate our suffering.

Thanking you,
Yours faithfully,
XXX_XXX
 
I do not know who created the law. That's why I am saying a lawyer should be consulted to assess this proposal and hopefully start this process. The only thing that I know is that whoever is responsible for this is extremely reactive and I am afraid would only improve the situation under pressure of a lawsuit. If we don't do anything, we risk to be here in this forum discussing this and that for years to come and other backlogs will be generated. I have no connections with Rajiv, but I think other folks in this group know him better. I am willing to donate money.

inkink said:
And what/who exactly are you going to fight?

USCIS and DOS do not create the immigration law, they just execute it. Those PD cut-off dates are the logical and mathematical consequence of the LAW.

At this point, the problem is a political issue, rather than an administrial or legal one. Therefore the solution can only be a political one.
Click to expand...
 
Wake Up Sleepys' Hire Lawyers, Do Whatever You Want Support Us

Guys,
This Katrina Retrogression is worse than the Real KATRINA

If it was Nature's call, We would have tolerated it, But this is not nature's call
It is political

We need to get active, rally, show them that we have a huge lobby.

LET'S SAY THERE IS A SALE IN SHOPRITE FOR AN ITEM AND RESTRICTION
IS 1 PER CUSTOMER

AND 5 OF YOU FAMILY MEMBERS GO THERE, DOES SHOPRITE TELL YOU THAT "
SINCE YOU ARE FROM SAME HOME " YOU ARE LIMITED TO 2 PER FAMILY
NOT AT ALL

IN THE SAME WAY INDIA'S LIMIT OF 10000 VISA NUMBERS DOES NOT MAKE ANY SENSE AT ALL

Dont think you don't have rights in this country.

Many of us are in such kind of profession, that if we lift our hands off the PC'S
, there are lots of losses that clients have to suffer

We also need to include clients, and employers in this one.

We need to start it now.

Remember Mangal Paandey, Bhagat Singh, Gandhi, Martin Luther King Jr.

Nothing is Impossible in this world.

We should not rest in peace until the Priority dates become current.

If we allow this retrogression, this will never be removed unless we act for it


Last time when this happened in July, we were patient till october
Not to see this 98 and 99 priority dates.

We need to rally, include media, lawyers, present our case to senators

Please Forward this to all your friends

and Join our Great Network at
http://www.groups.yahoo.com/groups/techworkers.


We have started working on a PLAN

PLAN IS TO CREATE GROUPS IN EACH STATE, LED BY Representatives among us.

We should have enough Conference Calls.

This weekend we need to prepare a draft and make sure next week
EACH AND EVERY CONGRESSIONAL DISTRICT, EACH AND EVERY CONGRESSMAN
AND EACH AND EVERY SENATOR, EACH AND EVERY MAYOR OF THE COUNTRY
HAS OUR LETTER AND HAVE OUR VOICES HEARD


THE FOLLOWING WEEK WE NEED TO MEET THEM TO MAKE SURE ACTION IS BEING PERFORMED ON
OUR PLAN

GRADUALLY WE NEED VICTORY

THIS IS NOT POSSIBLE WITH 1 HAND

EVERYONE NEED TO JOIN FOR THEIR FUTURE

PLEASE DO NOT BE SELFISH. YOU NEED TO HAVE RESPECT FOR YOURSELF


PLEASE JOIN US

http://groups.yahoo.com/groups/techworkers

TECHWORKERS WILL WORK HARD, SMART, AND PROVE TO BE THE BEST
UNION FOR TECHNOLOGY WORKERS
 
The visa quote is set by the congress in the form of LAW. Hiring a lawyer to sue the congress is as sensible an idea as trying to invent a perpetual motion engine: it simply defies logic.

Also, the congress does not answer to immigrants. So as far as "pressure" is concerned, as immigrants we have zero power to put any pressure on them. That's the basic set up of this country: if you have a vote, you have power. You have no vote, you have no power.

When you think about it, the fate of a law abiding immigrant in this country is very cynical. Illegal workers walk the streets everywhere (not that I hold any grudges against the illegal immigrants as human beings), yet when the immigration policy tightens, it is always the legal law abiding people who get whacked.

Oh, well. Time to go home and read something. I'm tired of wasting my time & brain cells on the immigration crap. I am beginning to question if living here is worth that much anyway.

marlon2006 said:
I do not know who created the law. That's why I am saying a lawyer should be consulted to assess this proposal and hopefully start this process. The only thing that I know is that whoever is responsible for this is extremely reactive and I am afraid would only improve the situation under pressure of a lawsuit. .....
Click to expand...
 
This requires political action as well. First step is that we should consult a smart lawyer to guide us. Regarding not making sense to sue the government, I don't know about it. If you prove exploitation behind all this and hurt them with $ to get back at least the Social Security benefits that I have been paying for years in this country, I can tell you someone will pay attention. I am not sure if this works or not, but the illegal immigrants you mentioned are just doing alright thanks to their actions. Our class of "educated" workers have behaved so far as a bunch of losers and that's the reasons we are getting this treatment. Have a good rest and hope others will work on this.

inkink said:
The visa quote is set by the congress in the form of LAW. Hiring a lawyer to sue the congress is as sensible an idea as trying to invent a perpetual motion engine: it simply defies logic.

Also, the congress does not answer to immigrants. So as far as "pressure" is concerned, as immigrants we have zero power to put any pressure on them. That's the basic set up of this country: if you have a vote, you have power. You have no vote, you have no power.

When you think about it, the fate of a law abiding immigrant in this country is very cynical. Illegal workers walk the streets everywhere (not that I hold any grudges against the illegal immigrants as human beings), yet when the immigration policy tightens, it is always the legal law abiding people who get whacked.

Oh, well. Time to go home and read something. I'm tired of wasting my time & brain cells on the immigration crap. I am beginning to question if living here is worth that much anyway.
Click to expand...
 
c'mon

You have had to learn by now that live is not fair. I have tried to get my GC for almost 7 years. At some point I realized that the fight is useless. It takes too much energy for nothing - you have only one life and 7 year is a whole lot of it. Just treat the US immigration laws as a natural phenomenon, like rain, and go on with your live. They try to screw us by taking our tax money and not giving us much (e.g. the cost of credit college classes is 3.5 times higher for people without GC). So - screw them! Do not play by their rules! Do not invest your money into houses or anything on their soil - keep it in foreign banks, do not spend much, i.e. do not get them turn you into a slave of their economy until they start treating you as equal. This country understands only one thing - money. So,

- keep most of your money away from this country;
- keep your spendings low;
- somehow let them know about your intentions.

Silly? Maybe. But I do not see what else we can do. I have been following these rules for some time now - just make me feel better!
 
Fight Back

I agree we should fight this nonsense but not sure how we ought to approach this. It just seems that the US govt does not want to give any more green cards to Indians in the hope that they will go away as lot of their H1 will expire and eventually they will be tired of spending money to renew EAD, besides , no promotions, limited job change ability will make us frustrated enough that many will leave. This way, govt can claim fewer immigrants are coming and so maybe they reduce quotas. I think this is totally political along with everything else that US govt is doing against Indian tech workers. They just cant face it that we are better than most of them. I think this will require a lot of political lobbying and intervention to corrct this. To be honest I dont think there is any one who is waiting since Jan 98 or before for Green card for lack of numbers but who can prove it. It seems that we would be better off being illegals at least we dont pay millions of dollars of taxes. Not only does it affect our career but also personal lives, with marriages on hold. I think it is time that we ask the big IT corps to lobby on our parts .
 
I don't think there is no one from 98 either. This is very strange. I cannot understand the logic behind this. Moreover, the September Visa Bulletin estimated that EB3 dates would be current. How in the world can they estimate it so badly to go back from "Current" to "March 2001" ?

Now they put in the bottom of the October 2005 Bulletin that advance of such cut-off dates are expected to be very slow.

Honestly, if this is intentional to push us out, they got us. I am tired of all this and one thing that frustrates at most are the opportunities out there that I can't take. This job stagnation is a serious thing to people in the IT industry.




whyworry_2003 said:
I agree we should fight this nonsense but not sure how we ought to approach this. It just seems that the US govt does not want to give any more green cards to Indians in the hope that they will go away as lot of their H1 will expire and eventually they will be tired of spending money to renew EAD, besides , no promotions, limited job change ability will make us frustrated enough that many will leave. This way, govt can claim fewer immigrants are coming and so maybe they reduce quotas. I think this is totally political along with everything else that US govt is doing against Indian tech workers. They just cant face it that we are better than most of them. I think this will require a lot of political lobbying and intervention to corrct this. To be honest I dont think there is any one who is waiting since Jan 98 or before for Green card for lack of numbers but who can prove it. It seems that we would be better off being illegals at least we dont pay millions of dollars of taxes. Not only does it affect our career but also personal lives, with marriages on hold. I think it is time that we ask the big IT corps to lobby on our parts .
Click to expand...
 
marlon2006 said:
This requires political action as well. First step is that we should consult a smart lawyer to guide us.
Click to expand...
Lawyers are plenty smart at making money out of us. They will gladly accept our money and tell us there is nothing we can do this issue.
 
armie said:
Lawyers are plenty smart at making money out of us. They will gladly accept our money and tell us there is nothing we can do this issue.
Click to expand...

I agree, the last thing we need is to give the blood suckers (AKA Lawyers) more money. We are much better off writing to congressmen and senators. The problem is more political than legal.

I decided to teach myslef not to obsess over the process. It really hit home when I read what someone here said about 7 years being too much of one's life to waste. Think about it, you can get your green card in hand tomorrow and get hit by a bus the day after tomorrow. Was the 7 years of obsession worth it then? Just do your best and let it go!!!!

I did everything I can to give myself a good chance to work within the system. Now, I'm going to kick back and deal with things as they come.

God help us! :)
 
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Well there is more to the story. yes 7 years is nothing ,but a lot of us have almost given up on our careers chasing this wild geese. We have curbed our aspirations and ambitions. A lot of H1-Bs /EAD holders are working on the same jobs because of the "Same or similar job" condition.
I am still awaiting my AP , now god forbid , if I had to leave for my home country due to an emergency , I loose every thing !! I can come back. It feels as if we all are being indefinitely frozen or held in a suspended animation... till eternity!
This is unjust; I am amazed how inefficient the immigration department is!!

Shame on them.
 
cnr said:
Well there is more to the story. yes 7 years is nothing ,but a lot of us have almost given up on our careers chasing this wild geese. We have curbed our aspirations and ambitions. A lot of H1-Bs /EAD holders are working on the same jobs because of the "Same or similar job" condition.
I am still awaiting my AP , now god forbid , if I had to leave for my home country due to an emergency , I loose every thing !! I can come back. It feels as if we all are being indefinitely frozen or held in a suspended animation... till eternity!
This is unjust; I am amazed how inefficient the immigration department is!!

Shame on them.
Click to expand...

You are making my point! Unchain yourself :D You did your best! I personally will worry about things I control, but I won't worry about things I can't control! i.e. I can't control the $%$#^$% Priority Date, so why raise my blood pressure over it? :D
 
Decide on a date to march to Washington DC!! I am serious. Let thousand of people walk to Washington DC one particular week day and tell our side of story!!
 
GUYS - hiring a lawyer would be of no use - best is to contact the senators of your respective states..the last I heard there were 2 senators who were going to file a bill to increase the number of EB3 visas- it was quite a popular link sometime back..we should follow up on that and support them
 
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