S. 1932 Status

I think the "lawsuit " option might click - worth pursuing

I agree with some of you that Lawsuit may be a fitting answer to the EB Retro problem.

I do not want to discourage the hopes of folks who have put a lot off efforts to get the attention of the mandarins. I strongly - support the move for Class A law suit for taking the engineers for a ride with the hope of getting GCs and eventually the folks leave back SS Tax for which they are not eligible to get due to their nationality.

Once the lawsuit gets enough publicity and media attention, the GOVT will positively use a backdoor method to clear the existing problem. But it may cost the new H1s of not getting the benefit of being eligible to get the GC.

I have contributed a decent amount to Immi Voice, I do not mind chipping in couple of hundered if they can atleast get our Social Security Tax money to our accounts into the country we would go back to :) - Say Provident Fund - India, or CPF if Singapore. I strongly think this is worth the effort. At least you stand to get 50,000 Dollars or so. Even if you did not get the GC, you atleast get back your own hard earned money which can be useful for your future investments.
 
GCdreamer2006 said:
I really appreciate all work immigrationvoice.org is doing, but personally I would donate money only if immigrationvoice could explore a lawsuit option - which seems to be a more effective approach than lobbying in our case. Just hear the President Bush speaking today;the man didn't even mention the plight of EB applicants. He just focused in the increase of H1B visas. I don't want to look negative at all a and hopefully laws will be enacted on our behalf, but I am sorry to tell you that if you educate Senators about our problem, chances are H1B's will be increased and illegal aliens will receive a permanent residency or at least guest worker permit. Notice that I didn't include what would happen with us ? Keep renewing our EAD and H1B's.

Explore a lawsuit option or at least give us an update on why that is not feasible and possible, then I will be glad to donate money and more people will come forward to do the same.
Click to expand...

I suggest you take the LEAD on this initiative. You certainly also have my couple hundred :).
Hope I didn't scare you away!!
 
techy2468 said:
i dont think we can acheive anyting out of a lawsuit against a gov agency which has not broken any rule.....
Click to expand...
.. and most of all "NO ONE" here can vote. Why wud anyone care about the lawsuit that we file against the gov? Any historical successes in this regard? Anyone?
 
I think the lobbying efforts are inefficient because yes, we have no voting power. However, lawsuits go the other way. It is unrelated to our election power. I have just a sense of justice and I strongly believe that someone is not being fair with us. Regarding which legal angle could be explored to get this going only a reputable lawyer could answer. The problem is that to this date, organizations that could represent us are focusing too much on the lobbying effort and don't want to concentrate in the lawsuit alternative, which is in my opinion a far more solid approach than lobbying. You can lobby all you want and some Senators may even pay attention to what you are saying. However, if doesn't make business sense, we have no real support from employers or even the Congress. At least in the case of the illegal aliens, they are in far beter position than us because big American companies want them badly. Don't think that illegal aliens receive the red carpet because they are diplomatic and vocal. No. It is because there is support and power behind them. On the other hand, we are vulnerable because we have a very weak representation.

LC_Ki_Kahaani said:
.. and most of all "NO ONE" here can vote. Why wud anyone care about the lawsuit that we file against the gov? Any historical successes in this regard? Anyone?
Click to expand...
 
Class Action Lawsuit for EB Immigrants

Class Action Lawsuit for EB Immigrants
--------------------------------------------------------------------------

Friends,

Like you all I'm hoping for some good news to come out of the Spring Immigration Season. Hopefully meaures to recapture EB visas and exempt spouses/dependents will be passed because they certainly makes economic sense to both Immigrants and to America. But in an election year things may not progress as they should especially with anti-immigrant sentiment on the rise (according to a variety of recent polls).

We are on much surer ground in terms of legal ground: So one another step we could undertake is a Class Action Lawsuit on recapturing the 100,000+ unused EB visa numbers that have been lost because of the INS/USCIS inefficiencies. In many ways this will be similar to Rajiv Khanna's earlier attempt, but with a much better, most feared immigration advocate - PETER SCHEY - a guy who has a history of successful class action lawsuits against the INS. If we make legal headway with our claim, it will also put pressure on Congressman on the validity of EB number recapture and increase in the forthcoming spring session.

If this guy can bring so much success for ILLEGALS, imagine what he could potentially do for hardworking, law-abiding, educated LEGAL immigrants like ourselves who are suffering for no cause other than bureaucratic inefficiency!!

I would suggest Immigrationvoice.org or Immigration Portal members call him immediately.


========================
Peter Schey bio:
http://centerforhumanrights.org/staff/

Also see how Peter's past successes stroke fear in the heart of immigration-restrictionists:
http://www.americanpatrol.com/REFERE...derBuster.html

"One of the nation's preeminent immigration attorneys, Schey has helped more than 1 million illegal immigrants become American citizens. He was one of the first lawyers in the country to bring class-action lawsuits against the Immigration and Naturalization Service on behalf of illegals. He successfully led the fight against Proposition 187, a 1994 ballot measure that would have denied government benefits such as healthcare and education to undocumented residents of California. Schey also won the landmark 1982 Plyler v. Doe case before the U.S. Supreme Court, which allowed illegal immigrant children to attend public schools. Currently, he's representing more than 300,000 immigrants who were shut out of the 1986 federal amnesty program after they briefly traveled abroad. In April, the U.S. 9th Circuit Court of Appeals in San Francisco ruled that at least 50,000 of Schey's clients in the case should be legalized. (He'll continue to battle the INS on behalf of the other 250,000 undocumented residents denied amnesty.)"

"Schey is part of the reason that the multicultural faces of Los Angeles and other big cities around the country look the way they do. He was one of two attorneys who helped win political asylum for 30,000 Salvadorans who fled the U.S.-sponsored war in their country in 1982. In another class-action case, he forced the INS to reverse its policy of denying political asylum to Haitian refugees. He eventually won the right for more than 5,000 Haitians to permanently reside in the U.S. Through a petition he filed with the Organization of American States in the '90s, Schey forced the U.S. government to stop automatically returning Haitian boat people apprehended at sea before they had a chance to petition for asylum in the U.S."

"Because of Schey's negotiations with the State Department, Jean-Bertrand Aristide, Haiti's first democratically elected president, who was ousted in a military coup, returned to power in 1994."
 
A legal law suit attracts more bees because of $ involved

Guys, wish to ask your opinions on this : I saw some folks who replied to my other posts confused and directionless and are chasing the tail.

To start with : (pls read completely before posting comments).

Most countries have Tax Treaties, so the money from SS does go out. Please go and check the list of countries before being negative on this. Singapore has just signed a Free Trade Agreement. India also has given representation, but not much progress on this. Since Prez is visitng India next month, this can be taken up on Joint - Billateral coop if we convince our North Block folks on the free $ potential that they could get as investment into india at no extra cost, but a diplomatic initiative. This means, we can atleast hope for PF account into which this $ can get deposited.

We need to work on this action Plan :
1. Continue to pursue with various agencies to ensure - EB Retro issues - such as sending fax/meeting senators etc.

2. Slap a Law suit to the govt on the grounds - Social Security money does not benefit Aliens - unless they become PRs, (Remember L1, and other categories do not pay for it). Ask them to make this optional - if folks want to keep the GC process.
3. Ensure the $ amount is returned to the individual if he goes back to his country - to this govt agencies such as PF (India)., CPF in Singapore and Malaysia and so on.

2 and 3 will make the US GOVT wake up. Also, Send out 1000's of Faxes to Washington DC Indian embassy on the SS money and also emails to Prez, PMO in India on how they can milk the $$$ of all NRIs on Temp Visas in US, and how this money can be used / invested in infrastructure development. Believe me, you cannot sue the govt for slow EB Visa Process. They can come up with intelligent excuses. But asking back the money if the individual did not apply/did not get his GC is more logical. Yes, the US Govt wants to keep the money., but the law suit is meant to go after the US GOVT. A law suit will attract more attention to the problem, instead of begging (Govt will twist the legal and immigrant cases as always and we all end up retiring in our jobs with a H1 Visa :) )
Mind you, India and China will be the biggest beneficiaries or Losers !

I know folks are sceptical., an idea remains with you unless you try it in reality, then it becomes innovation. Unless you believe in yourself you will make it, you cannot convince the world. Ask yourself, is this not your money ?, Do you want it, and then go in a legal way and get it. The whole process of GC itself is Discrimination and racial for Indians and CHineses folks who form the core of brilliant folks in all areas of expertise.

Folks in all companies should move their butts, and contribute financially and also in person if you can org like Immi Voice and expect them to File a Class A lawsuit on this, if you are one of those who reads a post and moves on, you and others would not get anything out of it, please help the cause, without being negative. Do not expect uncle sam to post you the GC by mail without you putting efforts
 
Breaking News Coming Soon. Stay Tunned...

The members at ImmigrationVoice, have shown to the immigrant world that together there is nothing that we can not do. The members of IV are working day and night to solve the problem.

IV have made remarkable progress and credit goes to all its supporters, members and contibutors. The major announcement will be made soon. So please stay tunned. Keep visiting our website.

Cheers
 
Thank you Lord, Jesus, Allah, Buda and all the Gods out there

pdakwala said:
The members at ImmigrationVoice, have shown to the immigrant world that together there is nothing that we can not do. The members of IV are working day and night to solve the problem.

IV have made remarkable progress and credit goes to all its supporters, members and contibutors. The major announcement will be made soon. So please stay tunned. Keep visiting our website.

Cheers
Click to expand...

Hey pdakwala,
Can you tell em to FedEx my GC to my home address cuz I can't wait anymore :D :D
 
If you can help us to raise around 500k we can definitely think about your option to get GC via FEDEX special delivery from USCIS.
 
A Walden, Sunil / Pdakwala-- what do you think of this idea

While in every speech, they talk about Illegal aliens and temp work visas for them in the speeches. A law suit about Social Security contrib recovery, would altleast make the Govt to think and the associated publicity, would make them consider processing retro visas more effectively. I guess the timing of this should be now before they take up Immi Bill

In order to convey the direct message of EB retro issues,
I agree a lawsuit for SS Recover - is not a favourable option, but this is the only course to let the GOVT know that we mean business..give us our money if you are not giving GCs. If we can atleast get to file the lawsuite and the associated Publicity, this is good enough to make our lawmakers to address the EB Retro Case seriously.

In addition noone will confuse our case with Illeagal aliens (Mexicans etc). That way we get the direct message across. Presently, they are only talking about Illegals in every speech.




pdakwala said:
If you can help us to raise around 500k we can definitely think about your option to get GC via FEDEX special delivery from USCIS.
Click to expand...
 
After we posted the message about the breaking news we got lot of phone call and messages to know about that. We were very excited to know that so many people are eager to see what is IV's next move.

The breaking news is : Quinn Gillespie signed on as Strategic Counsel for Immigration Voice.

CHECK WWW.IMMIGRATIONVOICE.ORG

Cheers
 
sundar99 said:
While in every speech, they talk about Illegal aliens and temp work visas for them in the speeches. A law suit about Social Security contrib recovery, would altleast make the Govt to think and the associated publicity, would make them consider processing retro visas more effectively. I guess the timing of this should be now before they take up Immi Bill

In order to convey the direct message of EB retro issues,
I agree a lawsuit for SS Recover - is not a favourable option, but this is the only course to let the GOVT know that we mean business..give us our money if you are not giving GCs. If we can atleast get to file the lawsuite and the associated Publicity, this is good enough to make our lawmakers to address the EB Retro Case seriously.

In addition noone will confuse our case with Illeagal aliens (Mexicans etc). That way we get the direct message across. Presently, they are only talking about Illegals in every speech.
Click to expand...

sundar,

Social Security contributions for temp workers is a part of bi-lateral agreements between countries (such as US and India, or US and Germany). Several countries DO have the agreement wherein either SS contribs for temp workers aren't necessary OR it will be returned to them in some shape or form.

Now, quit whining about suing the US govt and waste your time. Instead try to realize that there IS a legitimate opportunity for a legislative correction in the current political environment. If you don't use this opportunity, you certainly will have enough time in your life to sit and ponder over other lawsuits.

It will be unfortunate if bright guys such as you do not come forward and fight the battle on hand.
 
Reasons..

Hi Sunil Joshi,

I agree with you, but the fact remains - Indians cannot take the money out. I know a few friends who went back to India have serious financial issues due to health sickness of their family members, and also some are struggling due to other issues, for those folks I felt they were justified to get back their own hard earned money. For you and me, we should be ok with our profession, for some this money makes a big difference. I am not sure if you are aware, except for 20 countries most countries do not have Agreements with US Govt on this. If India had an agreement, all those who went back to India for good, can atleast get this money which will be useful in their rainy days.

Think about it from their perspective. I agree, we need to keep the flame going to get the Retro issues addressed. But the fact remains that - Govt keeps confusing illegal aliens with legal residency and H1 to that extent, the average americans think we are "Excess baggage". My point was to prove, either you keep the SS money if you give GCs or return the money to those who did not settle or who go back to whereever they have to. It is a fair deal right ?,

I admire your leadership role on this again.

Thanks,

sunjoshi said:
sundar,

Social Security contributions for temp workers is a part of bi-lateral agreements between countries (such as US and India, or US and Germany). Several countries DO have the agreement wherein either SS contribs for temp workers aren't necessary OR it will be returned to them in some shape or form.

Now, quit whining about suing the US govt and waste your time. Instead try to realize that there IS a legitimate opportunity for a legislative correction in the current political environment. If you don't use this opportunity, you certainly will have enough time in your life to sit and ponder over other lawsuits.

It will be unfortunate if bright guys such as you do not come forward and fight the battle on hand.
Click to expand...
 
Most countries do not have tax treaty with the US. I am from a country which has no tax treaty. Some people in this thread saying that 'immigration is privilege, not a right'. That doesn't mean that an agency can take an unreasonable length to process the greencard and in the meantime keep charging people for temporary renewals. In this country it must exist laws to policy processes.

sundar99 said:
Hi Sunil Joshi,

I agree with you, but the fact remains - Indians cannot take the money out. I know a few friends who went back to India have serious financial issues due to health sickness of their family members, and also some are struggling due to other issues, for those folks I felt they were justified to get back their own hard earned money. For you and me, we should be ok with our profession, for some this money makes a big difference. I am not sure if you are aware, except for 20 countries most countries do not have Agreements with US Govt on this. If India had an agreement, all those who went back to India for good, can atleast get this money which will be useful in their rainy days.

Think about it from their perspective. I agree, we need to keep the flame going to get the Retro issues addressed. But the fact remains that - Govt keeps confusing illegal aliens with legal residency and H1 to that extent, the average americans think we are "Excess baggage". My point was to prove, either you keep the SS money if you give GCs or return the money to those who did not settle or who go back to whereever they have to. It is a fair deal right ?,

I admire your leadership role on this again.

Thanks,
Click to expand...
 
Please don't waste your time by talking about this lawsuit and crap. That's not going to workout. I am being very practical. But if you think I am being pessimistic guy your are all trying to accomplish by talking about this so be it. Please go ahead.

Don't forget the fact, immigration process is getting lot better now compared to what it was like in 90's amidst all these terror threats and unpredictable world. I can see few people come after me because of me saying this. But just think about pretty serious and let's see what you get to.

Good luck all
 
Request

GCdreamer2006 said:
Most countries do not have tax treaty with the US. I am from a country which has no tax treaty. Some people in this thread saying that 'immigration is privilege, not a right'. That doesn't mean that an agency can take an unreasonable length to process the greencard and in the meantime keep charging people for temporary renewals. In this country it must exist laws to policy processes.
Click to expand...

Hello GCdreamer2006,

You make a very good point. It is possible that some country may not have a tax treaty.

If it is ok, lets step back for a minute and find out what we actually want to do. Are we posting messages to pass our time and talk about things that are not possible to achieve, things like treaty between nations; Or are we here to find commonality among us and see how we can support each other to find a realistic solution? Ask yourself, is it feasible to get a favorable and equitable law passed in a country where there is a just legislative process or is it feasible to not have one but government of multiple nations get involved to sign treaties. We very well understand where you are coming from and, my friend, we sail in the same boat. But let's also know that without understanding our strengths and limitations, all that we do on this forum is pass our time. We could continue to post ideas that cannot be implemented. All that we do by posting such ideas is misguide others and drive people away as new people visiting the forum think that this is just a lot of nonsense and bullsh**. First of all let's understand that expression of opinion and view is important (1st ammendement) but we all have some level of responsibility towards the community, towards us. Giving suggestions is good. But please think about the feasibility of the solution as well. Together we could be very strong and with light at the end of tunnel, we could really make it happen. For a minute, let's define "very strong". Could we, people on this forum, get strong to make "TWO" countries sign treaties? You think this is feasible to achieve for people in this forum? Let talk about somrthing else. There has been lot of discussion about this. So let's ask another question. Could we file a lawsuit? We could, and anyone can file the papers. Expert attorneys have said that we do not have a case. They have said that such a case will lose 100%. Given that we know that we will lose such a lawsuit, how could conscientious people continue to talk about filing a suit? We all have rest of our life to file a suit. There is only one concrete effort going on by the individuals like you and me who gathered on this forum. This effort is called Immigration Voice. Rest all is just a talk. In one of your earlier post you mentioned that you will contribute if we explore the possibility of lawsuit. Allow me to fill you in. We have explored that possibility and we have found that filing a lawsuit is setup for failure. Now, you could ponder over this thought as long as you want. But remember, it is not going anywhere. I assure you, if there was any possibility that lawsuit could have done anything positive, we would have pursued it before any other option. For now, we have a plan. And the plan is to use our resources intelligently. Today Immigration Voice has made the announcement that we have partnered with Quinn Gillespie & Associates (www.quinngillespie.com). No time in the past have any group from H-1B community gathered to join hands to hire such a large government relations company. You have a choice. You could either join this effort, know that you are being part of something noble; something that most of us will remember for long time; or you could choose to just pass your time posting messages on this forum to ridicule others who spend time away from their families, their personal resources and organize this effort on top of everything else in life. If I were you, I would join the effort. Please my friend. My intent is to request you to please help the cause and for once stop putting conditions about your support. Large movements do not turn into success stories by conditions from its members, but they are made successful by unconditional support from people like you and me. And if I am not able to convince you, please feel free to call me at (281) 576-7185 and I will do everything that one possibly can to learn and understand from what you have to say. You sure seem like a very nice person. Maybe we need to have a man to man talk.

Thanks,
-WP
 
lateguy said:
Please don't waste your time by talking about this lawsuit and crap. That's not going to workout. I am being very practical. But if you think I am being pessimistic guy your are all trying to accomplish by talking about this so be it. Please go ahead.

Don't forget the fact, immigration process is getting lot better now compared to what it was like in 90's amidst all these terror threats and unpredictable world. I can see few people come after me because of me saying this. But just think about pretty serious and let's see what you get to.

Good luck all
Click to expand...
i absolutely agree with you. This talk of lawsuit is waste of time. The only course we have is to go support those guys at immigrationvoice ..and similar and have more people contribute and get involved.
My company wanted to get three guys from india this year on H1B. Two (after approval) did not come and the one who has come is all set to go back seeing the state of GC. So it is going to pinch companies in need of trained professionals and we will get somewhere if we can make the lawmakers aware of this.
 
Hello,

Please allow us to take an opportunity to convey our appreciation and sincere Thanks to all the contributors and members of Immigration Voice (www.immigrationvoice.com). Today is a big day for us. Partnering with Quinn Gillespie is a huge step forward and Immigration Voice could not have done this without the support and contributions from many hundred of its members. Your support gives us confidence. This is huge first step. For those who do not know, Quinn Gillespie (QGA) is co-chaired by Jack Quinn (Chief of Staff of Vice President Al Gore) and Ed Gillespie (Republic National Committee Chairman 2003-2005). QGA is entrusted by White House when White House needs help with getting Supreme Court judges nominated. For both, Judge Roberts and Judge Alito, White House sort QGA’s help. Now, if White House can entrust QGA to handle its government relations, I am not sure if there is anybody out there who would doubt QGA’s credentials. Here is the link to the list of their current clients: http://www.quinngillespie.com/clients/index.htm

This is top grade government and media relations company in the nation. And with direct access to the White House, there is very high possibility that we would be successful in getting administrative solution to labor backlogs. If there is anybody out there who still think the lawsuit is a better option, before posting your message, please do your research about QGA and look into the possibility how this partnership could bring the change. For everybody else, know that the real work has begun. Please participate actively in your cause.

Thank You,
All the Volunteers @ Immigration Voice
www.immigrationvoice.org
 
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