NKR
02-15 06:32 PM
You are not saying there are more chinese and indians here, so that means what? that there are not more chinese and indians here?
As you said half the world population is indian or chinese and I'm saying this, rather than pure skill, is why there are more of them here. This is why I repeatedly protest your reference to only skills and brightness as the factor for the non balanced EB population.
If the world population is the reference, the US would have to take half of its immigrants from 2 countries, they clearly don't want that so they conciously set that rule.. u need them to change the rule u need to give them a reason that's useful for them not for you.
I understand your anxiety as much as you feel our pain, if there is a system that can make things faster for all of us in any way then be it.
Oh btw, I was shopping for life insurance. I was told that since I am not a permanent resident and if i do not want to pay higher premium then i need to go for a 10 term insurance and get a new one for 30 years after I get my GC. if i become old waiting for GC then I will end
up paying higher premium anyway. that is just one of the many hardships we have to endure, by then, why should you care anyway?, what is in it for you?.
Please note that i am not in favor of removing country cap, but i just want things to move faster without affecting people from ROW
As you said half the world population is indian or chinese and I'm saying this, rather than pure skill, is why there are more of them here. This is why I repeatedly protest your reference to only skills and brightness as the factor for the non balanced EB population.
If the world population is the reference, the US would have to take half of its immigrants from 2 countries, they clearly don't want that so they conciously set that rule.. u need them to change the rule u need to give them a reason that's useful for them not for you.
I understand your anxiety as much as you feel our pain, if there is a system that can make things faster for all of us in any way then be it.
Oh btw, I was shopping for life insurance. I was told that since I am not a permanent resident and if i do not want to pay higher premium then i need to go for a 10 term insurance and get a new one for 30 years after I get my GC. if i become old waiting for GC then I will end
up paying higher premium anyway. that is just one of the many hardships we have to endure, by then, why should you care anyway?, what is in it for you?.
Please note that i am not in favor of removing country cap, but i just want things to move faster without affecting people from ROW
wallpaper Firework (Glee Cast Version)
krishnam70
07-10 06:58 PM
yes there are numerous articles about that too. Atleast for IT folks things are ok
dealsnet
05-18 01:42 PM
It is not good to put fake identity in any forums. The guy (MARPHAD) pointed out have a good civic sense. Here admins are not paid. They have jobs, and not always watching people. This site is for every one. So the members have an obligation to find out the fake, anti immigrants. He may not be anti immigrant, but he have fake identity. So if you not correct, and going in wrong path, some one may point out to you. Do not expect you need or only obey a Police to get a direction. Grow up guys.
How has panini's profile in THIS THREAD got anything to do with immigration? this is NOT an immigration related thread. If you should police a person's profile in an immigration related thread no one would object, but this is the wrong thread. And isn't the default changeability the US ? Your accusations are pretty strong and doesn't seem to have any backing; what are the rumors that he has been spreading ? anti immigrant ???
If you should police this site, then ask the Admin's to close non immigration related threads that have a political debate involved.
How has panini's profile in THIS THREAD got anything to do with immigration? this is NOT an immigration related thread. If you should police a person's profile in an immigration related thread no one would object, but this is the wrong thread. And isn't the default changeability the US ? Your accusations are pretty strong and doesn't seem to have any backing; what are the rumors that he has been spreading ? anti immigrant ???
If you should police this site, then ask the Admin's to close non immigration related threads that have a political debate involved.
2011 efg#39;s Fireworks, Half a Dozen
himu73
07-11 11:51 AM
I have a unique situation
1. My PD is EB3 July 2004.
2. My wife's PD is EB2 Jan 2005
3. I am dependent on my wife's 485 filed on July 2007. Her I140 is approved.
4. I switched job on EAD I got from her adjustment application,but earlier company has retained my I140 application.
The H1 from earlier company expires in August 2008.
Question is what are my options regarding using my I140.
1. Can i port my PD for my Wife's application, since it is 6 months earlier ?
2. Is there a possibility that I can use my I140 whenever it is approved to get an EAD independently since I have already applied for adjustment from my wife's application and not be a dependent on my wife's case.
1. My PD is EB3 July 2004.
2. My wife's PD is EB2 Jan 2005
3. I am dependent on my wife's 485 filed on July 2007. Her I140 is approved.
4. I switched job on EAD I got from her adjustment application,but earlier company has retained my I140 application.
The H1 from earlier company expires in August 2008.
Question is what are my options regarding using my I140.
1. Can i port my PD for my Wife's application, since it is 6 months earlier ?
2. Is there a possibility that I can use my I140 whenever it is approved to get an EAD independently since I have already applied for adjustment from my wife's application and not be a dependent on my wife's case.
more...
BharatPremi
12-14 05:38 PM
[QUOTE=at0474;206395
--What if 10% a year from one country continues for few years...
[/QUOTE]
What if only few countries ONLY can supply the required skilled labor sufficiently and no other countries can?
--What if 10% a year from one country continues for few years...
[/QUOTE]
What if only few countries ONLY can supply the required skilled labor sufficiently and no other countries can?
soma
02-13 11:34 AM
Ok - so what is it going to cost us to get a consult with Rajiv Khanna? Anyone know this? Until we have more details on this, I commit $25 for this first consultation. (I will gladly raise the commitment once I know how much this will cost and if IV Core Members support this initiative).
Even I am ready to put in $ 25 for the first consultation with Rajiv khanna or any other Lawyer IV core wants to go with. And if IV plans to go ahead with class action lawsuit as per requirement will raise my monetary commitment. please PM me if IV core plans to go ahead.
Even I am ready to put in $ 25 for the first consultation with Rajiv khanna or any other Lawyer IV core wants to go with. And if IV plans to go ahead with class action lawsuit as per requirement will raise my monetary commitment. please PM me if IV core plans to go ahead.
more...
JazzByTheBay
12-13 09:09 PM
Probably the best argument I've read all day, and your take on it makes a lot more sense - great for a sanity check! :)
cheers!
jazz
As you use the phrase Check Mate....
Chess is all about thinking strategically several moves ahead.
Given the current political climate on immigration I think that we will be in a check mate position (on the loosing end) if we pursue that road.
The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing. If we lost in lower courts the Supreme Court would probably refuse to hear the appeal, in the mean time we'd have just stirred up the anti's hornets nest against us, just as much if not worse than against the illegals.
Asking Congress to make small changes in the existing laws annoys the anti's. Telling them or forcing them to wholesale rewrite their laws would make us public enemy #1. We would be lucky to have more than a handful of law makers willing to stand up for us. It would kill off all lobbying ability.
Think of lobbying as polite negotiation.
Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.
I would rather negotiate than fight, I would rather lobby than court challenge.
So yes, check mate, if we follow this route.
Alternatively, a British phase: Royally screwed!
cheers!
jazz
As you use the phrase Check Mate....
Chess is all about thinking strategically several moves ahead.
Given the current political climate on immigration I think that we will be in a check mate position (on the loosing end) if we pursue that road.
The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing. If we lost in lower courts the Supreme Court would probably refuse to hear the appeal, in the mean time we'd have just stirred up the anti's hornets nest against us, just as much if not worse than against the illegals.
Asking Congress to make small changes in the existing laws annoys the anti's. Telling them or forcing them to wholesale rewrite their laws would make us public enemy #1. We would be lucky to have more than a handful of law makers willing to stand up for us. It would kill off all lobbying ability.
Think of lobbying as polite negotiation.
Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.
I would rather negotiate than fight, I would rather lobby than court challenge.
So yes, check mate, if we follow this route.
Alternatively, a British phase: Royally screwed!
2010 The patriotic fireworks show
breddy2000
09-04 12:29 PM
You and me are just another free loaders. What IV is going to lose if move out. add some value before you start threatening.:D
I'm not a free loader like you....Have contributed and still want to contribute...Its just that I cancelled my CC(the source of funds) that I need to reactivate.
I'm not a free loader like you....Have contributed and still want to contribute...Its just that I cancelled my CC(the source of funds) that I need to reactivate.
more...
chanduv23
02-14 02:39 PM
chandu...have u read the lawsuit outcome? do u still think that an administrative fix is easier to achieve than a lawsuit? lets say it comes down to either/or...either a lawsuit or an administrative fix...which one would IV support?
yabadaba - Talk to ur chapter lead - for clarification, or just PM the core team :)
yabadaba - Talk to ur chapter lead - for clarification, or just PM the core team :)
hair Picture of Fireworks - Free
logiclife
01-23 06:06 PM
Sorry, we cannot allow profanity here even if it has a couple of ** in it.
Rest assured, I feel the same way. 18 months prison time is nothing for the amount of damage that these desi employer maggots are doing to everyone. It should be atleast 5 years so that he can have time to think about these things.
Rest assured, I feel the same way. 18 months prison time is nothing for the amount of damage that these desi employer maggots are doing to everyone. It should be atleast 5 years so that he can have time to think about these things.
more...
hopfully_gc
07-24 02:23 PM
question for lawyer.
please find my details and dates as per below. my questions are as below.
thank you
First H1b approval Date:08/28/2001
First H1b Stamp: 12/04/2001
first H1 transfer:notice date: 05/16/2002
first H1 Transfer approval date:09/25/2002
second H1 Transfer Notice Date:03/20/2004
Second H1 Transfer Approval Date: 09/10/2004
First Permanant Labor Apply date: 02/28/2005
H1 Extention on second H1 transfer:04/01/2007 to 03/31/2010
Filled I-140 in March 2005 after Labor approval from backlog centre.
filled I-485 in July 2007.
Got RFE on Ability to Pay in sep 2007
Filled Motion to reopen which got denied.
Another Company filled Labor in March 2008.
Labor got approved in May 2008.
Filling I-140 in primium ?????
question:
H1 expiring in March 2010. will my H1b get extended based on the new Labor even if the labor was filled after the six years limit?
do you think filling I-140 in primium will help in this situation?
Does the out come of I-140 affect any other new application from another or same employer?
please find my details and dates as per below. my questions are as below.
thank you
First H1b approval Date:08/28/2001
First H1b Stamp: 12/04/2001
first H1 transfer:notice date: 05/16/2002
first H1 Transfer approval date:09/25/2002
second H1 Transfer Notice Date:03/20/2004
Second H1 Transfer Approval Date: 09/10/2004
First Permanant Labor Apply date: 02/28/2005
H1 Extention on second H1 transfer:04/01/2007 to 03/31/2010
Filled I-140 in March 2005 after Labor approval from backlog centre.
filled I-485 in July 2007.
Got RFE on Ability to Pay in sep 2007
Filled Motion to reopen which got denied.
Another Company filled Labor in March 2008.
Labor got approved in May 2008.
Filling I-140 in primium ?????
question:
H1 expiring in March 2010. will my H1b get extended based on the new Labor even if the labor was filled after the six years limit?
do you think filling I-140 in primium will help in this situation?
Does the out come of I-140 affect any other new application from another or same employer?
hot The Target Fireworks over the
vkrishn
07-21 11:13 PM
Because of all these experiences, even when you genuinely smile or strike a conversation with a desi, he/she first suspects you to be an ammway guy. I face it everyday, being "outgoing extrovert" in nature, I tend to smile and talk to people in elevators, walkways, malls, restrooms, groceries etc... which is mostly casual fun stuff and most times desis suspect that I am a ammway guy and cut me out harshly.
Chandruv23,
Its pretty easy to find out who the real stalkers (amyway) guys are and who aren't. I am not an extrovert per se but do wish people on the elevators or even while walking on the park. Amway ones have this totally fake attitude that i can easily find out who they are..
Problem with these guys is they don;t understand that NO means really NO.. Not Interested.. They think pushing more and more will convince me. Losers!
Chandruv23,
Its pretty easy to find out who the real stalkers (amyway) guys are and who aren't. I am not an extrovert per se but do wish people on the elevators or even while walking on the park. Amway ones have this totally fake attitude that i can easily find out who they are..
Problem with these guys is they don;t understand that NO means really NO.. Not Interested.. They think pushing more and more will convince me. Losers!
more...
house FIREWORKS BAND - Page 5
Marphad
03-27 12:05 PM
Hey this is not fair! Someone updated poll options.
Anyways, not a problem. Just teach me how to do it please.
Waiting for reply to learn this.
Ek Student Gyan ki bhiksha maang raha hai bachcha.
Anyways, not a problem. Just teach me how to do it please.
Waiting for reply to learn this.
Ek Student Gyan ki bhiksha maang raha hai bachcha.
tattoo pictures of fireworks Amazing
tikka
07-04 12:15 AM
Tikka,
Most of the folks probably went to sleep... so the last two digs which are opened recently are moving very slow...
Anyone from west coast - please help ...!!!
lets focus on this one..
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who
the faster it gets to 100 DIGS the popular the article will be. Will help give our issue exposure
thank you !!
Most of the folks probably went to sleep... so the last two digs which are opened recently are moving very slow...
Anyone from west coast - please help ...!!!
lets focus on this one..
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who
the faster it gets to 100 DIGS the popular the article will be. Will help give our issue exposure
thank you !!
more...
pictures Tags: Fireworks Photography
BharatPremi
09-24 12:06 PM
I think your analysis considers EB1(ROW)+EB2(ROW) spill over to EB3(ROW) that is not true,
EB1 Overflow ---> EB2
EB2 Overflow ---> EB2(I)+EB China
That means as per your calculation, it would be 19,282 considering 0 EB1 and EB2 filled in 2010.
As i said in my previous posts EB2 would be May 2006 by end of this year for sure.
Best case scenario considering more than 30K spill over it would be end of 2006.
You are also calculating spillover as of today with the pending cases, but the spill over happens only in Last quarter of 2010. There would be some if not more EB1+EB2 ROW applicants.
One thing for spillover is sure and that is it is happening at the end of a year. If we read the Visa bulletin 2 methods of spillover can be derived.
1) Spillover within preference first and then to country
Example: additional numbers of EB2- I go to EB2-M/C and after that any left ones go to
EB3 category
2) Spillover within contry first
Example: EB2-I - any extra numbers go to EB3-I and still left go to "unused" ready to be used by other oversubscribed country.
Now USCIS may be doing spillover by any of these methods or combination. I think none of us have exact proof which way USCIS does spillover.
In analysis we need to assume one or other path and that is what I did.
Yes, current new influx of applications is a major item to factor in but I was working on the data what USCIS published and it has not published current influx. Every month calculations get changed.
EB1 Overflow ---> EB2
EB2 Overflow ---> EB2(I)+EB China
That means as per your calculation, it would be 19,282 considering 0 EB1 and EB2 filled in 2010.
As i said in my previous posts EB2 would be May 2006 by end of this year for sure.
Best case scenario considering more than 30K spill over it would be end of 2006.
You are also calculating spillover as of today with the pending cases, but the spill over happens only in Last quarter of 2010. There would be some if not more EB1+EB2 ROW applicants.
One thing for spillover is sure and that is it is happening at the end of a year. If we read the Visa bulletin 2 methods of spillover can be derived.
1) Spillover within preference first and then to country
Example: additional numbers of EB2- I go to EB2-M/C and after that any left ones go to
EB3 category
2) Spillover within contry first
Example: EB2-I - any extra numbers go to EB3-I and still left go to "unused" ready to be used by other oversubscribed country.
Now USCIS may be doing spillover by any of these methods or combination. I think none of us have exact proof which way USCIS does spillover.
In analysis we need to assume one or other path and that is what I did.
Yes, current new influx of applications is a major item to factor in but I was working on the data what USCIS published and it has not published current influx. Every month calculations get changed.
dresses What gives fireworks their
sk2006
08-17 01:16 AM
"India to take SRK detention issue strongly with US ". This shows that the govt. of India has got no better things to do, but feels that VIP treatment to movie stars is more important than nation's security. Moreover SRK visit to US was purely personal to promote his film and has got nothing to do with govt. of India.
Exactly.
This part amazes me most.
He is an actor on a personal visit and now govt of India has to intervene.
And look at the protesters.
There are thousands of more important issues in India and they don't bother them while detention of SRK makes them protest. Hight of stupidity.
Exactly.
This part amazes me most.
He is an actor on a personal visit and now govt of India has to intervene.
And look at the protesters.
There are thousands of more important issues in India and they don't bother them while detention of SRK makes them protest. Hight of stupidity.
more...
makeup Welcome to Fireworks
unseenguy
06-16 06:51 AM
Easy for you to say when you are applying for your citizenship. You sir, are an idiot. And if you were really on H1 for as long as you claim, you are a mean idiot, no less.
Retrogression is a scar on the face of EB immigration.
Thats the reason every immigration bill so far related to EB has tried to resolve this issue. Anyone who says retrogression is good is either misinformed or a pychopathic specimen that needs instant mental evaluation, followed by treatment and observation in an asylum. The observation should continue for as long as it takes a typical EB3-India case to get approved. To paraphrase your quote: "The truly cured would still be observed until their turn for release comes"
I agree with you. This guy applied his GC in 2001 and got it in 2003. In just 2 years. He made a stupid decision to leave MSFT and then lost 3 jobs in a short span. He is some nut mental case who is happy seeing others getting screwed. Maybe he works his way up by pushing others down.
Retrogression is a scar on the face of EB immigration.
Thats the reason every immigration bill so far related to EB has tried to resolve this issue. Anyone who says retrogression is good is either misinformed or a pychopathic specimen that needs instant mental evaluation, followed by treatment and observation in an asylum. The observation should continue for as long as it takes a typical EB3-India case to get approved. To paraphrase your quote: "The truly cured would still be observed until their turn for release comes"
I agree with you. This guy applied his GC in 2001 and got it in 2003. In just 2 years. He made a stupid decision to leave MSFT and then lost 3 jobs in a short span. He is some nut mental case who is happy seeing others getting screwed. Maybe he works his way up by pushing others down.
girlfriend are fireworks displays.
samay
07-15 05:15 PM
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Also is it possible that 140 was revoked by my previous employer?
Why did they send a RFE instead of NOID in my case?
When was your I-140 approved. Was it approved sometime back. If so that might be one of the reasons that you received a RFE. The CIS wants to confirm that a job offer still exists.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Also is it possible that 140 was revoked by my previous employer?
Why did they send a RFE instead of NOID in my case?
When was your I-140 approved. Was it approved sometime back. If so that might be one of the reasons that you received a RFE. The CIS wants to confirm that a job offer still exists.
hairstyles Fireworks sparkle over city
unseenguy
06-16 01:09 AM
Outsourcing is bad for not only for US citizens but also for future H1bs and GC aspirants also.
Still all the jobs cannot be outsourced. Also if that would have been the case I would have been out of job. But My salary was increasing steadily and in this tough economy also I was able to get a new job with 20% rise in pay after I lost job . There are many companies in USA who are only hiring USA citizens and discouraging outsourcing. Wherever I was working I discouraged those companies from outsourcing but encouraged them to hire h1bs ,GC holders or US citizens. Many start up companies in California cannot afford to do outsourcing because of tight release schedules.
Correct. So based on your post, skilled people need not worry about outsourcing. You can argue in favour of onshoring and that is a good argument. I support this kind of approach.
Still all the jobs cannot be outsourced. Also if that would have been the case I would have been out of job. But My salary was increasing steadily and in this tough economy also I was able to get a new job with 20% rise in pay after I lost job . There are many companies in USA who are only hiring USA citizens and discouraging outsourcing. Wherever I was working I discouraged those companies from outsourcing but encouraged them to hire h1bs ,GC holders or US citizens. Many start up companies in California cannot afford to do outsourcing because of tight release schedules.
Correct. So based on your post, skilled people need not worry about outsourcing. You can argue in favour of onshoring and that is a good argument. I support this kind of approach.
thomachan72
01-14 09:14 AM
I think the other intersting point is - Does the employer provide any benefits to the beneficiary/employee?
Almost no desi dalla provides medical insurance to its employees...it will be interesting how USCIS handles this and whether they will make it a point or not?
what the heck are you talking about. If there is any specific cases of abuse please contact the CIS and report those. Dont say "almost all" etc on this website. That might not be true and we dont want general statements like these to hurt the prospects of our members.
Almost no desi dalla provides medical insurance to its employees...it will be interesting how USCIS handles this and whether they will make it a point or not?
what the heck are you talking about. If there is any specific cases of abuse please contact the CIS and report those. Dont say "almost all" etc on this website. That might not be true and we dont want general statements like these to hurt the prospects of our members.
mbartosik
12-13 11:48 PM
Mark,
what say you?
In some states the courts are "Courts of equity and law" or is it "Courts of law and equity", in other words the court has a mandate to enforce fairness within the bounds of the law (NY State is one such state). This derives from English law. However, I do not believe that is the case for federal court.
If the courts were courts only of fairness, equity, what's right, etc., yes, indeed then I think that we would win. But the courts are courts of law. In our case the federal courts are courts of federal law. Congress writes those laws, and the courts are free to interpret those law but not change them. The courts can also throw out a law (this is often appealed to Supreme court). The Supreme court's job is to interpret the constitution, and to define how the lower courts must interpret the law, or to throw back the law to Congress.
We have next to no chance in lower courts.
Even if we appealed through courts up to Supreme court, and win we would loss because Congress would still be free to change the law to restrict in other ways, possibly with the same effect. In the mean time we would alienate those law makers on our side. Also USCIS would be free to stop ALL EB immigration, while the Congress decided how to rewrite the law.
In our case there is no interpretation other than the mess that we are in is the law. So the Supreme court would have to find that the law was against the constitution, which I highly doubt that it is.
Even if the supreme court found that the law was against the constitution, Congress could enact another similar law (akin to minimum sentence), that merely fitted within the framework of the constitution but achieved the same end result. A recent example of this was when the Supreme court found that Gitmo detainees must be given a right to review of their detention. The detainees were not immediately released because they were detained without review and against the constitution, no, Congress simply passed a law allowing review by military tribunal, that complied with the Constitution, and the detainees remained detained, with a totally meaningless review (not allowed to see evidence against them etc.).
Thus the branch of government that we need to convince is Congress (which by the way I think the Constitution or an amendment gives the right to government immigration).
I'm not saying do not fight, just fight smart.
To me fighting smart means going to the law makers, politely, and persuasively. It is not aggressive, it is not radical, but it is fighting wisely. So I don't think that we are backing down in the face of things that are wrong, I think that we are standing up, but intelligently, and fighting where we can win.
It is Congress that ultimately decides, the Supreme court can only say to them, "sorry, not in compliance, try again".
what say you?
In some states the courts are "Courts of equity and law" or is it "Courts of law and equity", in other words the court has a mandate to enforce fairness within the bounds of the law (NY State is one such state). This derives from English law. However, I do not believe that is the case for federal court.
If the courts were courts only of fairness, equity, what's right, etc., yes, indeed then I think that we would win. But the courts are courts of law. In our case the federal courts are courts of federal law. Congress writes those laws, and the courts are free to interpret those law but not change them. The courts can also throw out a law (this is often appealed to Supreme court). The Supreme court's job is to interpret the constitution, and to define how the lower courts must interpret the law, or to throw back the law to Congress.
We have next to no chance in lower courts.
Even if we appealed through courts up to Supreme court, and win we would loss because Congress would still be free to change the law to restrict in other ways, possibly with the same effect. In the mean time we would alienate those law makers on our side. Also USCIS would be free to stop ALL EB immigration, while the Congress decided how to rewrite the law.
In our case there is no interpretation other than the mess that we are in is the law. So the Supreme court would have to find that the law was against the constitution, which I highly doubt that it is.
Even if the supreme court found that the law was against the constitution, Congress could enact another similar law (akin to minimum sentence), that merely fitted within the framework of the constitution but achieved the same end result. A recent example of this was when the Supreme court found that Gitmo detainees must be given a right to review of their detention. The detainees were not immediately released because they were detained without review and against the constitution, no, Congress simply passed a law allowing review by military tribunal, that complied with the Constitution, and the detainees remained detained, with a totally meaningless review (not allowed to see evidence against them etc.).
Thus the branch of government that we need to convince is Congress (which by the way I think the Constitution or an amendment gives the right to government immigration).
I'm not saying do not fight, just fight smart.
To me fighting smart means going to the law makers, politely, and persuasively. It is not aggressive, it is not radical, but it is fighting wisely. So I don't think that we are backing down in the face of things that are wrong, I think that we are standing up, but intelligently, and fighting where we can win.
It is Congress that ultimately decides, the Supreme court can only say to them, "sorry, not in compliance, try again".
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