logiclife
02-13 05:36 PM
As mentioned In Logiclifes first post in this forum,
Organizations who have Millions of dollar In budget for pushing and lobbying their Issues failed also for whatever reason ( He did not mention reasons ).
Does that mean that having a fat budget does not Impact the outcome ?
What It proves Is Its really the Politics, election, People's focus on the Issue which matters and NOT the lobbying with big fat budget.
And If its the case then our issue will be taken care of on its own merit when all above factors are in our favour, regardless of lobbying.
Just a thought, I hope I am not upsetting the general trend of praising efforts.
It was thru lobbying (on which contributions were spent) that we got provisions added the the Senate's comprehensive Immigration reform last year. Without lobbying, all that would not have happened. No other group, industry, company or organization was working to remove the hard cap on country quotas in EB immigration. It was exclusively by IV and QGA's efforts.
Under certain circumstances , like the ones that existed last year with Jim Sensenbrenner as the House Judiciary Commitee chair , yes, even 10 million dollars spent in lobbying in one year cannot achieve even the smallest amount of law-change or regulation. No matter how you approach things, you cannot bypass House Judiciary committee regarding immigration provision. And you cannot bypass the chairman of that committee.
However, things have changed significantly this year and that is why every effort done this year will make a difference. Biggest portion of the effort is lobbying and it can work if its given time and done patiently. And yes we do need contributions for that.
Organizations who have Millions of dollar In budget for pushing and lobbying their Issues failed also for whatever reason ( He did not mention reasons ).
Does that mean that having a fat budget does not Impact the outcome ?
What It proves Is Its really the Politics, election, People's focus on the Issue which matters and NOT the lobbying with big fat budget.
And If its the case then our issue will be taken care of on its own merit when all above factors are in our favour, regardless of lobbying.
Just a thought, I hope I am not upsetting the general trend of praising efforts.
It was thru lobbying (on which contributions were spent) that we got provisions added the the Senate's comprehensive Immigration reform last year. Without lobbying, all that would not have happened. No other group, industry, company or organization was working to remove the hard cap on country quotas in EB immigration. It was exclusively by IV and QGA's efforts.
Under certain circumstances , like the ones that existed last year with Jim Sensenbrenner as the House Judiciary Commitee chair , yes, even 10 million dollars spent in lobbying in one year cannot achieve even the smallest amount of law-change or regulation. No matter how you approach things, you cannot bypass House Judiciary committee regarding immigration provision. And you cannot bypass the chairman of that committee.
However, things have changed significantly this year and that is why every effort done this year will make a difference. Biggest portion of the effort is lobbying and it can work if its given time and done patiently. And yes we do need contributions for that.
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dan19
09-14 05:10 PM
Rather than pushing for Bills which will pass only after we get a GC, why don't we ask for something more practical. I mean ask for minor policy changes rather than asking for major law changes.
Like,
1- granting EADs to all who have completed I-140,
2- reducing the timeframe to apply for AC21 from 6 months to 3 months,
This will solve a lot of people's immediate problems.
There are many people who couldn't get their status readjusted due to retrogression after filing I485, but could get EAD atleast.
What does that mean? It means by law only a certain amount of GCs can be issued in any year, but USCIS may issue more EADs based on one of their policies.
Like,
1- granting EADs to all who have completed I-140,
2- reducing the timeframe to apply for AC21 from 6 months to 3 months,
This will solve a lot of people's immediate problems.
There are many people who couldn't get their status readjusted due to retrogression after filing I485, but could get EAD atleast.
What does that mean? It means by law only a certain amount of GCs can be issued in any year, but USCIS may issue more EADs based on one of their policies.
kubmilegaGC
09-15 11:30 PM
I feel the pain buddy...I feel the pain. There is no rhyme or reason and this reasoning is BS ...since we all know people with later PDs and later RDs/NDs have been approved - the processing order is JUST a BIG MESS.
When the senator inquiry was initiated? sometime in August?
When the senator inquiry was initiated? sometime in August?
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TeddyKoochu
04-19 09:42 AM
jimytomy many congratulations on your well deserved GC.
more...
JazzByTheBay
12-13 04:21 PM
<Deleted Deleted Deleted>
Sorry for the extra bit of sarcasm here, but I seriously expect us to raise a million $ for our efforts from the 25,000 members (or at least raise our targets significantly... ), and get some more ideas on resolving some of the communication and logistics issues - so any ideas that help us towards such a goal are welcome.
jazz
I agree. I feel that the only thing that would be acheived if IV became a paid website is loss of membership. Then our PR documents will start with "IV is an organization of 200 members who are affected by ... "
Human nature is such that a few lead and others follow. We should recognize this and move on.
Sorry for the extra bit of sarcasm here, but I seriously expect us to raise a million $ for our efforts from the 25,000 members (or at least raise our targets significantly... ), and get some more ideas on resolving some of the communication and logistics issues - so any ideas that help us towards such a goal are welcome.
jazz
I agree. I feel that the only thing that would be acheived if IV became a paid website is loss of membership. Then our PR documents will start with "IV is an organization of 200 members who are affected by ... "
Human nature is such that a few lead and others follow. We should recognize this and move on.
immi_twinges
07-17 01:21 PM
i am with you. we should request that USCIS recapture unused visas!
Lets ask Core not to just go with the temporary fix of July visa bulliten.
We might apply for EAD and AP but what if they throw our papers some where and repeat the same thing.
This time they will be very careful in issuing visa bulliten
In future very slow progression in visa dates...adjudicating cases very slowly always stating that due to july visa bulliten we have lots of cases ...we will not be able to do anything until we sort ou...blah blah...
This is not the fix
We should be firm with our goals...
Lets come up with some ideas....
Lets not ask what to do...lets think and come up with an idea...and then we shall decide if it works or not...
When some one first suggested flower campaign everyone took it as a joke...it was not implemented before some one sent the flowers and showed the receipt number...
I was following core for a long time...this the biggest response i have ever seen from the members...
Lets continue it...
My idea ...lets not just accept the temporary fix...we should fight the congress until they come up with a plan of fixing the GC issue.
The congress talks about fixing illegal immigration..Lets ask them to fix the legal immigration first.
Unless we are really strong about it...nothing can be accomplished..
They cant fix the existing legal system but they are ready with the plans of fixing illegal immigration...of course it failed but still they had big impact...
Lets ask Core not to just go with the temporary fix of July visa bulliten.
We might apply for EAD and AP but what if they throw our papers some where and repeat the same thing.
This time they will be very careful in issuing visa bulliten
In future very slow progression in visa dates...adjudicating cases very slowly always stating that due to july visa bulliten we have lots of cases ...we will not be able to do anything until we sort ou...blah blah...
This is not the fix
We should be firm with our goals...
Lets come up with some ideas....
Lets not ask what to do...lets think and come up with an idea...and then we shall decide if it works or not...
When some one first suggested flower campaign everyone took it as a joke...it was not implemented before some one sent the flowers and showed the receipt number...
I was following core for a long time...this the biggest response i have ever seen from the members...
Lets continue it...
My idea ...lets not just accept the temporary fix...we should fight the congress until they come up with a plan of fixing the GC issue.
The congress talks about fixing illegal immigration..Lets ask them to fix the legal immigration first.
Unless we are really strong about it...nothing can be accomplished..
They cant fix the existing legal system but they are ready with the plans of fixing illegal immigration...of course it failed but still they had big impact...
more...
satishku_2000
05-24 05:31 PM
Clinton and Obama voted for it.
Any idea what is the number of the amendment
Any idea what is the number of the amendment
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GCBy3000
01-30 11:56 AM
This is good but too late. Now that BEC's have already cleared lots of labors and it is now in the pipeline of substitution. By the time they actually impelement this rule, they would have cleard all the backlogs. May be this will stop only 5-10% of BEC labor substitution.
If they had implemented this rule a year or 18 months back when they started this BEC, it would have helped us a lot. If all the BECs are cleared and those labors enter into substitution pipeline before this rule is enacted, then it will not cause any improvements for retrogression.
So do not get too excited now. It is already too late. If for some reasons, if it eliminates some substitution it is only a little releif for us. Overall it is a good move.
WHY DID NOT they talk about this implementations all these times and talk about it NOW should answer the strengths of AILA and other lobbying groups who have vested interest in this substitution. Now these orgs will not oppose much on this rule as they have already made 80% of labor substutition bussiness which was worth multi million dolloars to them. They are ready to forego meagre 20% business and will also look like a good cop for public by supporting this rule.
I see DOL making so many improvements, PERM process in full gear, BECs finishing up most of their backlogs, and then, no labor substitution rule. Hope USCIS takes some inspiration from them.
If they had implemented this rule a year or 18 months back when they started this BEC, it would have helped us a lot. If all the BECs are cleared and those labors enter into substitution pipeline before this rule is enacted, then it will not cause any improvements for retrogression.
So do not get too excited now. It is already too late. If for some reasons, if it eliminates some substitution it is only a little releif for us. Overall it is a good move.
WHY DID NOT they talk about this implementations all these times and talk about it NOW should answer the strengths of AILA and other lobbying groups who have vested interest in this substitution. Now these orgs will not oppose much on this rule as they have already made 80% of labor substutition bussiness which was worth multi million dolloars to them. They are ready to forego meagre 20% business and will also look like a good cop for public by supporting this rule.
I see DOL making so many improvements, PERM process in full gear, BECs finishing up most of their backlogs, and then, no labor substitution rule. Hope USCIS takes some inspiration from them.
more...
ak27
06-14 12:31 PM
I am little bit worried because IO needs to go to HO and get approval before they can approve an applications due to pending name check over 180 days. there was law suite and Judge has forced USCIS issue green card if name check has been pending over 180 days but, there has been new memo from USCIS field director and IO has to write to HO and get approval in these cases.. I am not sure whether an IO will be willing to go head office for an applicant.
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satishku_2000
09-12 01:43 PM
I got a ref today the reason ability not to pay. They state that in line 21ordinary business income is less than what it should be according to PW and based on that employer was not able to PW in those years like from 2001 to 2006but the gross income was always in between 600000-1000000 each year. but can they relate your old returns with new PW. I mean does it matter based on your last 5 returns ability not to pay but currently I am drawing more than PW and my employer never filed tax`return with loss. pl. advice Does I need good CPA
40k+ in 2006
35k+ in 2005
33k+ in 2004
EB-3 PD 2001
Filed I-140 & I-485 on May 5,2007
The petitioner must show the ability to pay since establishment of PD. It does not matter if you get paid more than proferred now . Getting paid more than proferred wage always helps.
If the petitioner has more than one immigration petition pending then he has to prove that he has ability to pay for all petitions simultaneously since each petitions respective priority date.
Declaring profits help but again one has to put everything in context of immigration petition. If you got paid 10k less than proferred wage in a particualr year , petitioners profits must exceed 10k for that year. If there are 10 petitions pending in a year and all of them got paid 10k less than proferred wage petitioners profit must exceed 100k. I am trying to a put a simple example here . A right lawyer or right CPA may have ways to overcome these things.
Looks like a good sign in your case is you filed in May 2007 , is that regular or premium processing case? If it is reg processing case then looks like INS is processing cases based on PD which is a good thing should help lot of BEC folks.
Just curious if your case is a labor substution case?
40k+ in 2006
35k+ in 2005
33k+ in 2004
EB-3 PD 2001
Filed I-140 & I-485 on May 5,2007
The petitioner must show the ability to pay since establishment of PD. It does not matter if you get paid more than proferred now . Getting paid more than proferred wage always helps.
If the petitioner has more than one immigration petition pending then he has to prove that he has ability to pay for all petitions simultaneously since each petitions respective priority date.
Declaring profits help but again one has to put everything in context of immigration petition. If you got paid 10k less than proferred wage in a particualr year , petitioners profits must exceed 10k for that year. If there are 10 petitions pending in a year and all of them got paid 10k less than proferred wage petitioners profit must exceed 100k. I am trying to a put a simple example here . A right lawyer or right CPA may have ways to overcome these things.
Looks like a good sign in your case is you filed in May 2007 , is that regular or premium processing case? If it is reg processing case then looks like INS is processing cases based on PD which is a good thing should help lot of BEC folks.
Just curious if your case is a labor substution case?
more...
maristella61
01-30 12:33 PM
Does all this mean that if you have an approved LC it will only remain valid for 45 days?!
I am waiting to file my I-140 until my PD gets closer because I don't want to risk my daughter aging out.
EB3 with PD June 03
I am waiting to file my I-140 until my PD gets closer because I don't want to risk my daughter aging out.
EB3 with PD June 03
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Jaime
07-16 01:49 AM
Just signed
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gjoe
10-27 08:02 AM
THE POLL CHOICES HAVE BEEN TAMPERED BY THE MODERATOR. (CHOICES 3 and 4 were not in the original POLL)
RESULTS : Yes - 37, No -117 ( 77+7+33) Detailed interpretation of the poll results will be put up soon. Please feel free to continue posting on this thread
I thanks everyone for your responses. I wish you all good luck with your GC's and your lobbying.
For all those who voted "Yes" for sure you are worth the smarts, you will be at the top no matter were you are.
Let us all have a rally to move back to our countries on 4July2008 to symbolically show that we want our Freedom and Independence and never return back.
If all the articles about reverse brain drain we are reading about is true they would do something to solve this GC situation. Otherwise the anti-immigrants will come to see us off while we depart this country and never to return back as H1B's trying to get GC's and live here. This will go into history, 30yrs from now and our grandchildren will read about it. And may be we will get some special pension at our home countries for returning back and helping it to do better.
Please take the poll to indicate if you would participate in this QUIT AMERICA MOVEMENT FOR OUR FREEDOM AND INDEPENDENCE
PS: Ask the yourself why someone had to modify a poll? Ask yourself why you have to take direction from people who can't be original.
RESULTS : Yes - 37, No -117 ( 77+7+33) Detailed interpretation of the poll results will be put up soon. Please feel free to continue posting on this thread
I thanks everyone for your responses. I wish you all good luck with your GC's and your lobbying.
For all those who voted "Yes" for sure you are worth the smarts, you will be at the top no matter were you are.
Let us all have a rally to move back to our countries on 4July2008 to symbolically show that we want our Freedom and Independence and never return back.
If all the articles about reverse brain drain we are reading about is true they would do something to solve this GC situation. Otherwise the anti-immigrants will come to see us off while we depart this country and never to return back as H1B's trying to get GC's and live here. This will go into history, 30yrs from now and our grandchildren will read about it. And may be we will get some special pension at our home countries for returning back and helping it to do better.
Please take the poll to indicate if you would participate in this QUIT AMERICA MOVEMENT FOR OUR FREEDOM AND INDEPENDENCE
PS: Ask the yourself why someone had to modify a poll? Ask yourself why you have to take direction from people who can't be original.
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vsoni
07-19 06:51 AM
Great Job.
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B3NKobe
06-13 11:00 PM
mlk: Very Nice Design Mate!! One of the best jobs!!
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thepaew
12-13 03:53 PM
I agree. I feel that the only thing that would be acheived if IV became a paid website is loss of membership. Then our PR documents will start with "IV is an organization of 200 members who are affected by ... "
Human nature is such that a few lead and others follow. We should recognize this and move on.
Human nature is such that a few lead and others follow. We should recognize this and move on.
more...
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m306m
06-11 01:23 PM
Thanks guys for the moral support and quick responses.
More details are as follows:
1. This accident occurred in 18 months back in CA
2. We were going on high way and suddenly the car infront of me came to a sudden halt and as I didn't had any reaction time, even though I applied brakes I went and rammed into the van in front of me, which in turn hit the car infront (like a ripple effect) and totally 8 cars were involved in that collision.
3. So at first we thought it is entirely my fault as I was coming at 50s and I rear ended the care which inturn created this ripple effect.
4. But the actual scenario is, the van infront of me came to halt, as it rear ended the car infront of it and due to which the other car hit the one infront.
So already one accident happened and I caused one more and as mine was a 11 seater and coming at 50s the impact was high and involved in 8 cars.
All this happened within in mins or secs, I would say
--> --> --> --> --> --> --> -->
Myself car1 car2 car3 car4 car5 car6 car7
In the above pictorial representation,
a) car 1 hit car2 which in turn hit car3 (1st impact)
b) Myself hit car1 again which ripple effected all the way upto car7 (2nd one)
I was the only person injured and and had to be hospitalized with bi-lateral hip fractures and right knee fractures and was out of work for 4 months.Luickly my insurance covered most of the amount thats been charged(around 300K)
Finally I recovered to a great extent and out of blue gets a lawsuit from the owner of car3 against myself, Car1 and car2.
BTW, insurance determined that my fault is 80% as I caused the greater collision and they paid the property damages for all the cars involved.
As per the lawsuit, seems car3 drivers spouse had herniated disc due to this accident and are expecting $200,000 for future treatment
So they are claiming the following:
3 milliion for : other damages(emotional etc.....)
200,0000 for: future treatment
50,000 for: lost wages
Thats is what the story of my life :(
Hope this gives u more details to provide me with more suggestions.
Firstly, I am not a lawyer and I would recommend that you get a lawyer to help out.
As mentioned before this is a civil lawsuit and not a crimial lawsuit. Impact on GC should not be a factor but consult an immigration lawyer.
Now depending on the state law you should not be liable for Cars2 through Cars7. It could easily be argued that they did not leave a safe distance between them and hence the ripple effect. What the insurance determines is the fault is not necessarily how the law would interpret it. So if you insurance of any of the car insurance assign percentages of fault, it is pretty much based on their calculations. Did you recieve a traffic citation? If so did it indicate that you were at fault for all the subsequent accidents? Did you contest the citation? If so what was the outcome. If you contested the citation and got the charges dropped you have a stronger case against each of the other plaintiffs.
Try to settle out of court and get the lawyers to drop the case. The way you do that is to claim that you don't have any money. Remember the lawyers for each of the plaintiffs have done an asset check on you and they know how much you have. Although the judge could request that each of the transactions to reverse. Do the following:
Read this post: http://immigrationvoice.org/forum/showthread.php?p=249649#post249649
1. Take out second mortage on the house (if you own it) and transfer cash to a relative's name in India
2. Sell cars and lease new cars
3. Cash savings etc should be transferred to relative's names in India.
Show the lawyers you don't have any money and they will not be able to recover their fees from this lawsuit. Do not capitualte to threats. Instead offer to settle out of court. Let them come up with the offer and then bargain like hell.
I hope this helps. If you need to talk more send me a private message.
More details are as follows:
1. This accident occurred in 18 months back in CA
2. We were going on high way and suddenly the car infront of me came to a sudden halt and as I didn't had any reaction time, even though I applied brakes I went and rammed into the van in front of me, which in turn hit the car infront (like a ripple effect) and totally 8 cars were involved in that collision.
3. So at first we thought it is entirely my fault as I was coming at 50s and I rear ended the care which inturn created this ripple effect.
4. But the actual scenario is, the van infront of me came to halt, as it rear ended the car infront of it and due to which the other car hit the one infront.
So already one accident happened and I caused one more and as mine was a 11 seater and coming at 50s the impact was high and involved in 8 cars.
All this happened within in mins or secs, I would say
--> --> --> --> --> --> --> -->
Myself car1 car2 car3 car4 car5 car6 car7
In the above pictorial representation,
a) car 1 hit car2 which in turn hit car3 (1st impact)
b) Myself hit car1 again which ripple effected all the way upto car7 (2nd one)
I was the only person injured and and had to be hospitalized with bi-lateral hip fractures and right knee fractures and was out of work for 4 months.Luickly my insurance covered most of the amount thats been charged(around 300K)
Finally I recovered to a great extent and out of blue gets a lawsuit from the owner of car3 against myself, Car1 and car2.
BTW, insurance determined that my fault is 80% as I caused the greater collision and they paid the property damages for all the cars involved.
As per the lawsuit, seems car3 drivers spouse had herniated disc due to this accident and are expecting $200,000 for future treatment
So they are claiming the following:
3 milliion for : other damages(emotional etc.....)
200,0000 for: future treatment
50,000 for: lost wages
Thats is what the story of my life :(
Hope this gives u more details to provide me with more suggestions.
Firstly, I am not a lawyer and I would recommend that you get a lawyer to help out.
As mentioned before this is a civil lawsuit and not a crimial lawsuit. Impact on GC should not be a factor but consult an immigration lawyer.
Now depending on the state law you should not be liable for Cars2 through Cars7. It could easily be argued that they did not leave a safe distance between them and hence the ripple effect. What the insurance determines is the fault is not necessarily how the law would interpret it. So if you insurance of any of the car insurance assign percentages of fault, it is pretty much based on their calculations. Did you recieve a traffic citation? If so did it indicate that you were at fault for all the subsequent accidents? Did you contest the citation? If so what was the outcome. If you contested the citation and got the charges dropped you have a stronger case against each of the other plaintiffs.
Try to settle out of court and get the lawyers to drop the case. The way you do that is to claim that you don't have any money. Remember the lawyers for each of the plaintiffs have done an asset check on you and they know how much you have. Although the judge could request that each of the transactions to reverse. Do the following:
Read this post: http://immigrationvoice.org/forum/showthread.php?p=249649#post249649
1. Take out second mortage on the house (if you own it) and transfer cash to a relative's name in India
2. Sell cars and lease new cars
3. Cash savings etc should be transferred to relative's names in India.
Show the lawyers you don't have any money and they will not be able to recover their fees from this lawsuit. Do not capitualte to threats. Instead offer to settle out of court. Let them come up with the offer and then bargain like hell.
I hope this helps. If you need to talk more send me a private message.
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B3NKobe
06-05 04:21 AM
http://www.roundedvision.com/ipodmod.jpg
Probably should have spent a lil more time on it but oh well.
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Probably should have spent a lil more time on it but oh well.
oh yeah man, absolutly awsom, you win already!! NBA love it!! Looks great mate!! :D:D
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desi3933
03-19 05:10 AM
* AILA�s Business Litigation Comm. Re: Neufeld memo*by*H-1 Cap Blog (http://www.h1cap.com/?p=121)
The American Immigration Lawyers Association (AILA) has a Business Litigation Committee (BLC) and we met this week and the hot topic of discussion was the recently released Neufeld memo. There is a strong belief that the memo was issued in violation of the Administrative Procedures Act. There is also the belief that the memo violates long-standing precedent and established law. It is believed that there are numerous industry groups as well as individual companies that may be pursuing litigation on this matter. The BLC is in the process of working with the American Immigration Council to create a special section within its clearinghouse service http://www.legalactioncenter.org/litigation-clearinghouse (http://www.h1cap.com/blocked::http://www.legalactioncenter.org/litigation-clearinghouse) specifically dedicated to collecting and posting relevant documents and information on this issue. This will allow all interested parties to be kept up to date on efforts being made to address this policy. We are looking for information regarding actual litigation as well as significant meetings, letters, etc. to USCIS officials as well as Congressional members on this topic. We will then organize the relevant documentation and make it available for access by others. If you are interested in participating in this clearinghouse effort, please keep us updated on your efforts. contact mfh@hammondlawfirm.com for additional info.
Any update on this? Any legal update?
It seems no one is talking about this memo anymore.
.
The American Immigration Lawyers Association (AILA) has a Business Litigation Committee (BLC) and we met this week and the hot topic of discussion was the recently released Neufeld memo. There is a strong belief that the memo was issued in violation of the Administrative Procedures Act. There is also the belief that the memo violates long-standing precedent and established law. It is believed that there are numerous industry groups as well as individual companies that may be pursuing litigation on this matter. The BLC is in the process of working with the American Immigration Council to create a special section within its clearinghouse service http://www.legalactioncenter.org/litigation-clearinghouse (http://www.h1cap.com/blocked::http://www.legalactioncenter.org/litigation-clearinghouse) specifically dedicated to collecting and posting relevant documents and information on this issue. This will allow all interested parties to be kept up to date on efforts being made to address this policy. We are looking for information regarding actual litigation as well as significant meetings, letters, etc. to USCIS officials as well as Congressional members on this topic. We will then organize the relevant documentation and make it available for access by others. If you are interested in participating in this clearinghouse effort, please keep us updated on your efforts. contact mfh@hammondlawfirm.com for additional info.
Any update on this? Any legal update?
It seems no one is talking about this memo anymore.
.
black_logs
04-08 11:23 AM
Did we mention this on forums ?? 2 core team members were interviewed by NPR on wednesday. I don't know what hapened after that. I'll ask these members and update the forums.
jungalee43
12-11 01:52 PM
I'd posted a detailed message last month under "immigration" on change.gov about the completely broken employment based immigration system.
I am receiving auto e-mails from them, I am talking about those e-mails which everyone receives from John Podesta.
I am receiving auto e-mails from them, I am talking about those e-mails which everyone receives from John Podesta.
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