unitednations
07-09 11:06 AM
I read these desperate cases where a whole lot of IV'ers try to help with their best understanding of Immigration Law. Including veterans like UN and others who have been through hoops, successes and failures in assesing a particular case.
My personal understanding is that NO 2 two cases are identical for USCIS and there is a term "Officer Discretion" which comes into play a lot. This Discretion is more positive to the applicant when a case is prepared prefessionaly and a little negative when done without care.
Also even though the individual affected tries to provide the information to get the best solution does not mean he/she has provided 100% information based on facts of the case. There could be something missed out easily just because that does not ring the bell for the person submitting the information or simply because the information is too private and not appropriate on a public forum.
My point is these forums are not meant for a realistic solution to a complicated issue like the one on this thread. Please get a good attorney and that does not only mean Murthy or Khanna. There are tons of attorneys available both good and competent and affordable and who may have a solution which appeals USCIS officer.
Best of Luck.
This is very correct. Usually; when people post an issue they are only giving 20% of the story and there are more twists and turns that they are not disclosing and in our over zealousness to advise/post; we go through various scenarios.
In my experience; uscis does not by default give a person a tough time. However; if there is a history (ie., denials); then they seem to go a little further into it.
In my own case; when I had to go to local office interview; the list of documents that the officer asked for me was pretty extensive and basically outside the law. However; he still asked for those things (ie., tax returns; w2's from 1999 through 2006 (as an example)); He was really reaching in what he asked for. If I didn't have these things; then there is a possibility that a person may fake some of these things and then uscis tries to trap you. However; 245k; ead, etc.; future job offer has a lot of protections for us. It's never good to fake things; especially when most of the time it isn't necessary.
My personal understanding is that NO 2 two cases are identical for USCIS and there is a term "Officer Discretion" which comes into play a lot. This Discretion is more positive to the applicant when a case is prepared prefessionaly and a little negative when done without care.
Also even though the individual affected tries to provide the information to get the best solution does not mean he/she has provided 100% information based on facts of the case. There could be something missed out easily just because that does not ring the bell for the person submitting the information or simply because the information is too private and not appropriate on a public forum.
My point is these forums are not meant for a realistic solution to a complicated issue like the one on this thread. Please get a good attorney and that does not only mean Murthy or Khanna. There are tons of attorneys available both good and competent and affordable and who may have a solution which appeals USCIS officer.
Best of Luck.
This is very correct. Usually; when people post an issue they are only giving 20% of the story and there are more twists and turns that they are not disclosing and in our over zealousness to advise/post; we go through various scenarios.
In my experience; uscis does not by default give a person a tough time. However; if there is a history (ie., denials); then they seem to go a little further into it.
In my own case; when I had to go to local office interview; the list of documents that the officer asked for me was pretty extensive and basically outside the law. However; he still asked for those things (ie., tax returns; w2's from 1999 through 2006 (as an example)); He was really reaching in what he asked for. If I didn't have these things; then there is a possibility that a person may fake some of these things and then uscis tries to trap you. However; 245k; ead, etc.; future job offer has a lot of protections for us. It's never good to fake things; especially when most of the time it isn't necessary.
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alisa
12-26 11:45 PM
Well, remove the threat by telling Clearly and unmistakably that use of nuclear weapon by Pakistan would invite catastrophic counter attack.
Don't you think Pakistan already knows that?
Otherwise what happens...Pak would keep taunting that " Hey, remember we have nukes...wanna pick a fight with us?" and keep doing what they are doing.
Do you mean to say that the state and the government of Pakistan did this?
Don't you think Pakistan already knows that?
Otherwise what happens...Pak would keep taunting that " Hey, remember we have nukes...wanna pick a fight with us?" and keep doing what they are doing.
Do you mean to say that the state and the government of Pakistan did this?
delax
07-14 03:28 PM
I hope not. We dont seem to be open to another point of view. All of a sudden when the shoe is now on the other foot there is a lot of heart burn. Look up the March 2008 visa bulletin.
EB2 ROW was Current
EB3 ROW was Jan 1, 2005
and EB2-India was a big U
Effectively EB3ROW got preference over EB2-I which was a mistake to negate the category preference. This has been corrected now and I welcome the change.
Where was all this heart burn at that time. All of a sudden when EB2-I moves ahead I hear voices of 'injustice', fair play and demands for visa number handovers. Sorry aint gonna happen.
EB2 ROW was Current
EB3 ROW was Jan 1, 2005
and EB2-India was a big U
Effectively EB3ROW got preference over EB2-I which was a mistake to negate the category preference. This has been corrected now and I welcome the change.
Where was all this heart burn at that time. All of a sudden when EB2-I moves ahead I hear voices of 'injustice', fair play and demands for visa number handovers. Sorry aint gonna happen.
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Administrator2
01-08 03:25 PM
Refugee_New,
Please check your private messages. We do not encourage abusive language on this forum. We very much appreciate your participation in this very important effort but no one wants to see you use abusive language at all times, including when discussing controvertial topics.
Thanks,
Administrator2
Please check your private messages. We do not encourage abusive language on this forum. We very much appreciate your participation in this very important effort but no one wants to see you use abusive language at all times, including when discussing controvertial topics.
Thanks,
Administrator2
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rockstart
07-14 02:07 PM
See if things spill horizontally or vertically Eb3(I) is still last in the chain. So many people have demonstrated it. All these days Eb3 (ROW) was gaining from spill over. Now CIS feels that Eb2 takes preference over Eb3 ( which for practical purpose is ROW and not India/ China) so that is why Eb2 is moving forward, else like eb3 eb2 India was also struck. What you are asking is complete re-working of spill over rules. That is not what CIS can do on its own. The rule was always clear Eb1 spill goes to Eb2 and then to Eb2 if some one needs to complain it should be Eb2 who did not get these numbers much earlier.
* When was it unclear?
* Why did it take so long for USCIS to see that the law was unclear?
* What caused USCIS to realize that the law was unclear?
* What caused them to change their interpretation?
* How did USCIS use up all of EB2-I numbers in the very first quarter? (Very illegal thing to do)
Come on, dont be so picky. You know what I mean when I said USCIS changed the law. Dont argue on syntax.
* When was it unclear?
* Why did it take so long for USCIS to see that the law was unclear?
* What caused USCIS to realize that the law was unclear?
* What caused them to change their interpretation?
* How did USCIS use up all of EB2-I numbers in the very first quarter? (Very illegal thing to do)
Come on, dont be so picky. You know what I mean when I said USCIS changed the law. Dont argue on syntax.
yabadaba
08-11 08:24 AM
http://www.flcdatacenter.com/CaseH1B.aspx
maybe we can do an official press release showing how dumb these people are. as far as i know all this information can be downloaded directly from the flc datacenter. we need to start writing op eds against people like lou dobbs who keep skewing the debate
maybe we can do an official press release showing how dumb these people are. as far as i know all this information can be downloaded directly from the flc datacenter. we need to start writing op eds against people like lou dobbs who keep skewing the debate
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lfwf
08-06 03:45 PM
According to you A acquires skills over a period of time and so does a person who went for higher education and is EB2. You also say that if there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position.
At this point both of us agree that A and B are equal, right?
If they both are EQUAL, then can you guarantee that both PDs will move at the same rate?. If A�s PD becomes unavailable and B�s become current. B will get GC faster than A even though both were equal (from your logic). Is this fair, then?
No one can guarantee that. and that is the whole concept of "preference categories" . So now its ok for A to jump to EB2 and leapfrog everyone with his/her 2002 PD? Does 5 years of work have that much value? He/She would be ahead of 2003 EB2 filers that may have been working on degrees since 1999. That's ok by you? The faster movement of EB2 makes up for the years of education. I say, by all means BS+5 shoudl file EB2, I just don't agree with the porting. That PD was for an entirely different skill set and job. I know its the law. I still disagree. Can do that last I knew :-)
At this point both of us agree that A and B are equal, right?
If they both are EQUAL, then can you guarantee that both PDs will move at the same rate?. If A�s PD becomes unavailable and B�s become current. B will get GC faster than A even though both were equal (from your logic). Is this fair, then?
No one can guarantee that. and that is the whole concept of "preference categories" . So now its ok for A to jump to EB2 and leapfrog everyone with his/her 2002 PD? Does 5 years of work have that much value? He/She would be ahead of 2003 EB2 filers that may have been working on degrees since 1999. That's ok by you? The faster movement of EB2 makes up for the years of education. I say, by all means BS+5 shoudl file EB2, I just don't agree with the porting. That PD was for an entirely different skill set and job. I know its the law. I still disagree. Can do that last I knew :-)
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willwin
07-13 04:05 PM
Go ahead do it..... send a badly written letter.
The content of the letter does not read like it was written by a college graduate - at least seek help with writing a professional letter, it sounds very archaic ! Bad expression, poor grammar, poor reasoning, unreadable.
The letter will fare better if it is at least readable.
I'm in EB2 but i will continue to help in IV efforts, and contribute $$ when i can for all efforts EB2 or EB3. I understand the pain of EB3 applicants, so do several (most) others.
Your posts like ".....crying like little babies...." will not help......
Peace! That letter wasn't the final print; we could change it for better. That was just an initiative. Do not pick on others writing skills. English is after all not the language in which most of us think; we use our mother tongue instead and then do the translation!
Please help if you can, nobody would deny an helping hand.
The content of the letter does not read like it was written by a college graduate - at least seek help with writing a professional letter, it sounds very archaic ! Bad expression, poor grammar, poor reasoning, unreadable.
The letter will fare better if it is at least readable.
I'm in EB2 but i will continue to help in IV efforts, and contribute $$ when i can for all efforts EB2 or EB3. I understand the pain of EB3 applicants, so do several (most) others.
Your posts like ".....crying like little babies...." will not help......
Peace! That letter wasn't the final print; we could change it for better. That was just an initiative. Do not pick on others writing skills. English is after all not the language in which most of us think; we use our mother tongue instead and then do the translation!
Please help if you can, nobody would deny an helping hand.
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gjoe
07-14 07:00 PM
If you can show that EB3 I from 2004 was approved in 2005 or 2006 you can challenge USCIS if you have a older PD, no matter if you filed your I485 at that time or not.
You have a strong case if you can prove that USCIS went about processing application and issuing GC in a disorderly fashion and due to that your application with a earlier priority date has not been processed.
My 2paisa here, Good Luck
You have a strong case if you can prove that USCIS went about processing application and issuing GC in a disorderly fashion and due to that your application with a earlier priority date has not been processed.
My 2paisa here, Good Luck
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lfwf
08-05 03:17 PM
So why are those of us not in IT suffering the consequences of this?
Jobs in my field are pretty well defined so all this crap that is being said on thsi thread is really surprising to me.
Jobs in my field are pretty well defined so all this crap that is being said on thsi thread is really surprising to me.
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ns007
07-08 06:43 PM
I am of the opinion that what happened in june 2007 actually helped greatly the oversubscribed countries in probably advancing the dates for next fiscal year as many people got approved who probably shouldn't have.
I agree with you. I am also of the opinion that July Fiasco has actually helped India and China (oversubscribed countries). USCIS might have approved tons of EB2 and EB3 (India and China) applications to use those 60,000 visa numbers. So, India and China might have got a big pie of the 140,000 EB visas.
With that said I also felt the pain as other members did due to the July bulletin fiasco.
I agree with you. I am also of the opinion that July Fiasco has actually helped India and China (oversubscribed countries). USCIS might have approved tons of EB2 and EB3 (India and China) applications to use those 60,000 visa numbers. So, India and China might have got a big pie of the 140,000 EB visas.
With that said I also felt the pain as other members did due to the July bulletin fiasco.
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pvadiga
09-30 09:26 AM
Well, this entire process of green card is being made so complicated for people who have education and constatly supporting the economy of this country. Illegal Immigrants are getting a cake walk
I came to U.S in August 2000, completed my Master's and with great difficulty of H1b sponsorship found a job for my qualification in Aerospace Industry. Though I had Master's and was eligible for EB2, my employer disagreed because they had to pay more. I started my EB3 process in Nov 2006 and filed for I-485 in July 2007 in the confusion. I fwas orced to switch job in Feb 2008 and had filed AC21. My I-140 got approved in Apr 2008. Due to the death of my father in Sep 08, I had to travel to India. I attended my H1b interviw on 18th Sep and still waiting for my Passport. There is some unexpected delay due to migration in system. I was schocked to find out on Sep 22 that my I-485 has been denied. My wife is on AP and can't enter U.S now withot her H4.
My Struggle has been never ending for the past 8 years though I am contributing towards the progress of this country economically a tax payer and intellectualy as an Aerospace Engineer
We need to fight for this cause and voice our concern, which is in the benefit of both us and U.S
I came to U.S in August 2000, completed my Master's and with great difficulty of H1b sponsorship found a job for my qualification in Aerospace Industry. Though I had Master's and was eligible for EB2, my employer disagreed because they had to pay more. I started my EB3 process in Nov 2006 and filed for I-485 in July 2007 in the confusion. I fwas orced to switch job in Feb 2008 and had filed AC21. My I-140 got approved in Apr 2008. Due to the death of my father in Sep 08, I had to travel to India. I attended my H1b interviw on 18th Sep and still waiting for my Passport. There is some unexpected delay due to migration in system. I was schocked to find out on Sep 22 that my I-485 has been denied. My wife is on AP and can't enter U.S now withot her H4.
My Struggle has been never ending for the past 8 years though I am contributing towards the progress of this country economically a tax payer and intellectualy as an Aerospace Engineer
We need to fight for this cause and voice our concern, which is in the benefit of both us and U.S
more...
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rockstart
07-15 08:04 AM
Exactly I am trying to understand what pani_6 wants to really say. If DOL rejected their labor there must be some official reasons given and I am sure it will never be that economy is slow. If that is the case they would have put complete freeze on Eb2 and Eb1 category. I think the letter is factually incorrect and misleading
So what you are saying is - some EB2 RIR petitions were rejected by DOL and employers re-applied under regular supervised recruitment under EB3.
How does this imply that "DOL advised some of us to file under EB3?"
So what you are saying is - some EB2 RIR petitions were rejected by DOL and employers re-applied under regular supervised recruitment under EB3.
How does this imply that "DOL advised some of us to file under EB3?"
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abhisam
07-26 04:01 PM
UN,
A quick question for you. So far, I havent found anything wrong with my I-485 application.
My wife is currently on an H4 visa and is a dependent applicant on our AOS application. She was working in our native country before coming to the US. When the lawyer filled her biographic information, she did not mention her employment in India. She just filled that section as N/A. We did not care at that moment because we thought USCIS might be more concerned about my employment history, as I am the primary applicant.
Now after reading all this, I'm a bit worried. And my question is exactly opposite of what most people are asking. Does not stating my wife's foreign employment mean fraud to USCIS? I really appreciate all help that you can extend in this regard.
Thanks,
abhisam
A quick question for you. So far, I havent found anything wrong with my I-485 application.
My wife is currently on an H4 visa and is a dependent applicant on our AOS application. She was working in our native country before coming to the US. When the lawyer filled her biographic information, she did not mention her employment in India. She just filled that section as N/A. We did not care at that moment because we thought USCIS might be more concerned about my employment history, as I am the primary applicant.
Now after reading all this, I'm a bit worried. And my question is exactly opposite of what most people are asking. Does not stating my wife's foreign employment mean fraud to USCIS? I really appreciate all help that you can extend in this regard.
Thanks,
abhisam
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unitednations
03-25 12:35 PM
Oh, and I think I should elaborate just a little more.
I am not asking whether the USCIS can or cannot exercise scrutiny on approving 485s where a person, under AC21 provision, switches to a small consulting company.
Of course they can, the 485 is for a full time job, and whether a job with a small consulting company is of a full time nature or not, is up in the air and they can 'scrutinize' it all they want, if they choose to.
My question to UN is whether he thinks if they will choose to go after 485 AC21 job switches to small consulting companies like he thinks they will for small consulting company H-1Bs, and not whether they can.
Thanks again,
You see on all these ac21 issues we rely on uscis memos. Every one of these memos state pending change to the regulations; we are going to follow the principles of this memo.
it has been 8 years and they still haven't changed the regulations. Memos can be changed at their whim at any time.
Currently; uscis position is that if someone ports to another company; they are not supposed to check the ability to pay criteria. However; they left themselvees an out that theey can check the genuineness of the ac21 employer. Becasuse of this last statement; what they have been doing is asking for ac21 employer tax returuns, and quarterly wage reports. If you are already on payroll then size of company doesn't matter. However; if you are not on payrroll and it is a very small company then they can challnge it.
btw; I am not epecting quota to finish early this year. Many companies/lawyers are very frustrated with h-1b right now. I was talking to education evaluator and he told me that there is litteally no business right now. Companies I know of how filed 70 cases last year are not filing any this year due to a combination of issues (iowa issue, lack of approvals and great demand for tansfers by thos who were laid off or had theirr h-1b's cancelled.
Right now; newer companies who don't have much experience with h-1b are going into the lions den without knowing there is a lion in there.
I am not asking whether the USCIS can or cannot exercise scrutiny on approving 485s where a person, under AC21 provision, switches to a small consulting company.
Of course they can, the 485 is for a full time job, and whether a job with a small consulting company is of a full time nature or not, is up in the air and they can 'scrutinize' it all they want, if they choose to.
My question to UN is whether he thinks if they will choose to go after 485 AC21 job switches to small consulting companies like he thinks they will for small consulting company H-1Bs, and not whether they can.
Thanks again,
You see on all these ac21 issues we rely on uscis memos. Every one of these memos state pending change to the regulations; we are going to follow the principles of this memo.
it has been 8 years and they still haven't changed the regulations. Memos can be changed at their whim at any time.
Currently; uscis position is that if someone ports to another company; they are not supposed to check the ability to pay criteria. However; they left themselvees an out that theey can check the genuineness of the ac21 employer. Becasuse of this last statement; what they have been doing is asking for ac21 employer tax returuns, and quarterly wage reports. If you are already on payroll then size of company doesn't matter. However; if you are not on payrroll and it is a very small company then they can challnge it.
btw; I am not epecting quota to finish early this year. Many companies/lawyers are very frustrated with h-1b right now. I was talking to education evaluator and he told me that there is litteally no business right now. Companies I know of how filed 70 cases last year are not filing any this year due to a combination of issues (iowa issue, lack of approvals and great demand for tansfers by thos who were laid off or had theirr h-1b's cancelled.
Right now; newer companies who don't have much experience with h-1b are going into the lions den without knowing there is a lion in there.
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alterego
07-14 05:19 PM
I think we all agreed that the letter contents were somewhat pre-baked. The letter campaign was a idea in the right direction.
And mind you, we are now very active not because EB2 is moving, but because we now have concrete proof that the system was changed this year. I had my doubts, and had been asking about it for a while now, but all of the people said, "no you are wrong, the spill-over is working as it should, and as it always has". We have just recently realized that we were being misled, and there indeed has been a change. That is the reason we are being active.
Yes, you agreed that the immigration system needs to be overhauled, but the only relief in sight is for EB2 folks.. There is no legislation that will help EB3 backlogs. Recapture will again help Eb2 folks, and given the new "pecking order" that has been wrongly put by USICS, Eb3 will never truly benefit from any of these bills.
IV has its goals, as any organization should, and we fully realize that it can't keep everyone happy. However, some of you are stopping voices of others from being heard -- which is fine too. IV is a private organization that can choose to censor or restrict some kind of activities. But when you do that, you can't hope that everyone will support the organization, and believe everything that is being told to them.
What you have said is completely incorrect. EB3I stands to benefit the most from visa recapture legislation. The last time visas were recaptured was in 2000 through the AC21 legislation and as a result of the 230K or so visas that were added to the pool, the USCIS was able to keep PDs for all EB categories, EB1/2/3, EBI/C/ROW, everything current for nearly 4 yrs until 2005 when those extra numbers ran out and retrogression hit. I should know, I could have filed since 2002 but delayed because my less than knowlegable lawyer advised me when you file does not matter. I did not know didly about PD in those days.
Anyway, when you say visa recapture does not hep EB3I, that is patently FALSE. En Contraire, it is the ONLY thing that can help that category.
And mind you, we are now very active not because EB2 is moving, but because we now have concrete proof that the system was changed this year. I had my doubts, and had been asking about it for a while now, but all of the people said, "no you are wrong, the spill-over is working as it should, and as it always has". We have just recently realized that we were being misled, and there indeed has been a change. That is the reason we are being active.
Yes, you agreed that the immigration system needs to be overhauled, but the only relief in sight is for EB2 folks.. There is no legislation that will help EB3 backlogs. Recapture will again help Eb2 folks, and given the new "pecking order" that has been wrongly put by USICS, Eb3 will never truly benefit from any of these bills.
IV has its goals, as any organization should, and we fully realize that it can't keep everyone happy. However, some of you are stopping voices of others from being heard -- which is fine too. IV is a private organization that can choose to censor or restrict some kind of activities. But when you do that, you can't hope that everyone will support the organization, and believe everything that is being told to them.
What you have said is completely incorrect. EB3I stands to benefit the most from visa recapture legislation. The last time visas were recaptured was in 2000 through the AC21 legislation and as a result of the 230K or so visas that were added to the pool, the USCIS was able to keep PDs for all EB categories, EB1/2/3, EBI/C/ROW, everything current for nearly 4 yrs until 2005 when those extra numbers ran out and retrogression hit. I should know, I could have filed since 2002 but delayed because my less than knowlegable lawyer advised me when you file does not matter. I did not know didly about PD in those days.
Anyway, when you say visa recapture does not hep EB3I, that is patently FALSE. En Contraire, it is the ONLY thing that can help that category.
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Macaca
12-28 07:55 PM
Dying for data: the Indian activist killed for asking too many questions (http://www.guardian.co.uk/world/2010/dec/27/india-rti-activists-deaths) By Jason Burke | The Guardian
Shashidhar Mishra was always a curious man. Neighbours in the scruffy industrial town of Baroni, in the northern Indian state of Bihar, called him "kabri lal" or "the news man" because he was always so well informed.
Late every evening, the 35-year-old street hawker would sit down with his files and scribble notes. In February, the father of four was killed outside his home after a day's work selling pens, sweets and snacks in Baroni's bazaar.
The killing was swift and professional. The street lights went out, two men on motorbikes drew up and there were muffled shots. Mishra, an enthusiastic RTI activist, as those who systematically use India's right to information law to uncover wrongdoing and official incompetence are known, became the latest in the country's growing list of RTI martyrs.
The RTI law, introduced by the Congress party-led government in 2005, was a radical piece of legislation giving private citizens the right to demand written answers from India's always opaque and often corrupt bureaucracy and state institutions such as the police and army.
"It was a total paradigm shift from a regime of secrecy to one of transparency," the law minister, Veerappa Moily, said in an interview in Delhi. "It has changed the entire culture of governance."
In many ways, the law has been an astonishing success, prompting requests from tens of thousands of often poor, sometimes almost illiterate, always highly motivated citizens. In Bihar, more than 100,000 demands were made last year, 20 times as many as five years ago, said AK Choudry, the chief information commissioner for the state. In India as a whole at least a million RTI requests have now been filed.
"This act is for the common man of India. Without paying a bribe a poor man can get answers. We have the right to know what is happening in this country," said Afroz Alam Sahil, a student from Bihar who has registered hundreds of requests.
Yet, with the rule of law weak in much of the country, exercising new rights can mean danger. At least 10 activists have been killed so far this year. All found themselves up against powerful individuals, often in league with local authorities. One uncovered a series of corrupt land deals and thefts of social benefits by officials and was subsequently hacked to death near his home near the city of Pune, Maharashtra state.
A 55-year-old stallholder was killed after investigating electricity supplies and gambling dens in his home town of Surat in the western state of Gujarat. Two activists investigating fraud in government labour schemes for the poor were killed in the lawless eastern state of Jharkand, while others - including a 47-year-old sugar cane farmer in the central state of Maharashtra and an activist near the southern city of Bengaluru - were killed after investigating land acquisitions by big businessmen.
In July, Amit Jethava, a pharmacist in Gujarat who had hounded officials about mining endangering Asian lions, spotted deer and wild boar near his village was shot dead. There has since been a lull in the killings, but beatings, intimidations and threats continue.
Amitabh Thakur, who heads an RTI network in Lucknow, Uttar Pradesh, and is writing a book on the RTI martyrs said that "cases of murder, persecution, prosecution and harassment" are legion. "When you are digging for information there are people who try to hide it from you," he said. "They will do what it takes to keep it hidden."
The true number of activists killed could be much higher. Frequently, campaigners say, the authorities deny a link between the RTI requests and violence, dismissing incidents as everyday crime.
Choudry said that no killing linked to RTI had taken place in Bihar and that Mishra's death in February was "not linked to any RTI application". Local police denied Mishra was an activist and said they no longer had possession of the investigation file opened on his death. It contained, his family said, most of the answers he had received to his various RTI requests.
The dead man had hidden a box of papers at home that suggest the hawker's activism was indeed the reason for his murder. The documents, seen by the Guardian, included receipts for hundreds of different applications for information about local officials, businessmen and even the police themselves.
Mishra, described by his sister as a "sharp and smart guy", had started demanding information two years before his death. His first target was a local government-run dairy, a big employer, where he suspected animals were being mistreated. His next campaign focused on unlicensed stalls run on public land outside the local railway station. These were eventually demolished.
Encouraged by his success, Mishra asked for records of land purchases and sales by members of the local council over the last 20 years. In June last year, he began investigating the local market, largely built by local businessmen on government land. A month later, he asked why there was no electricity in the local health clinic. By the end of the year, he had established that many of the contracts awarded to resurface a road through the town were suspect. He spoke darkly to his family of death threats.
In December and January, Mishra filed a flurry of further information requests, asking for details of the postings of certain policemen and the whereabouts of vehicles the police had recently impounded.
On 9 February , he requested a list of those contracted to carry out construction of a road in the market. He also demanded the local council's 2009 accounts. The answer � which showed that at least �80,000 had been paid to contractors for work that had never been carried out � arrived in May, three months after his death.
His killers had used silenced handguns, the mark of professionals. That a power cut plunged the street into darkness for the few minutes they needed to work indicates the involvement of officials, campaigners claim.
Now his brother Mahdidar is trying to look after four extra children on a family income that has been halved. He told the Guardian he was "desperate".
"I want justice for my brother, but what can I do? There are many corrupt and powerful. I am just one man."
Cases of intimidation and violence are "isolated", Moily, the law minister, insisted. "Wherever protection is needed the government provides it."
'India's history is in two phases, before and after RTI' (http://timesofindia.indiatimes.com/home/opinion/articlelist/articleshow/7180352.cms) Times of India
Shashidhar Mishra was always a curious man. Neighbours in the scruffy industrial town of Baroni, in the northern Indian state of Bihar, called him "kabri lal" or "the news man" because he was always so well informed.
Late every evening, the 35-year-old street hawker would sit down with his files and scribble notes. In February, the father of four was killed outside his home after a day's work selling pens, sweets and snacks in Baroni's bazaar.
The killing was swift and professional. The street lights went out, two men on motorbikes drew up and there were muffled shots. Mishra, an enthusiastic RTI activist, as those who systematically use India's right to information law to uncover wrongdoing and official incompetence are known, became the latest in the country's growing list of RTI martyrs.
The RTI law, introduced by the Congress party-led government in 2005, was a radical piece of legislation giving private citizens the right to demand written answers from India's always opaque and often corrupt bureaucracy and state institutions such as the police and army.
"It was a total paradigm shift from a regime of secrecy to one of transparency," the law minister, Veerappa Moily, said in an interview in Delhi. "It has changed the entire culture of governance."
In many ways, the law has been an astonishing success, prompting requests from tens of thousands of often poor, sometimes almost illiterate, always highly motivated citizens. In Bihar, more than 100,000 demands were made last year, 20 times as many as five years ago, said AK Choudry, the chief information commissioner for the state. In India as a whole at least a million RTI requests have now been filed.
"This act is for the common man of India. Without paying a bribe a poor man can get answers. We have the right to know what is happening in this country," said Afroz Alam Sahil, a student from Bihar who has registered hundreds of requests.
Yet, with the rule of law weak in much of the country, exercising new rights can mean danger. At least 10 activists have been killed so far this year. All found themselves up against powerful individuals, often in league with local authorities. One uncovered a series of corrupt land deals and thefts of social benefits by officials and was subsequently hacked to death near his home near the city of Pune, Maharashtra state.
A 55-year-old stallholder was killed after investigating electricity supplies and gambling dens in his home town of Surat in the western state of Gujarat. Two activists investigating fraud in government labour schemes for the poor were killed in the lawless eastern state of Jharkand, while others - including a 47-year-old sugar cane farmer in the central state of Maharashtra and an activist near the southern city of Bengaluru - were killed after investigating land acquisitions by big businessmen.
In July, Amit Jethava, a pharmacist in Gujarat who had hounded officials about mining endangering Asian lions, spotted deer and wild boar near his village was shot dead. There has since been a lull in the killings, but beatings, intimidations and threats continue.
Amitabh Thakur, who heads an RTI network in Lucknow, Uttar Pradesh, and is writing a book on the RTI martyrs said that "cases of murder, persecution, prosecution and harassment" are legion. "When you are digging for information there are people who try to hide it from you," he said. "They will do what it takes to keep it hidden."
The true number of activists killed could be much higher. Frequently, campaigners say, the authorities deny a link between the RTI requests and violence, dismissing incidents as everyday crime.
Choudry said that no killing linked to RTI had taken place in Bihar and that Mishra's death in February was "not linked to any RTI application". Local police denied Mishra was an activist and said they no longer had possession of the investigation file opened on his death. It contained, his family said, most of the answers he had received to his various RTI requests.
The dead man had hidden a box of papers at home that suggest the hawker's activism was indeed the reason for his murder. The documents, seen by the Guardian, included receipts for hundreds of different applications for information about local officials, businessmen and even the police themselves.
Mishra, described by his sister as a "sharp and smart guy", had started demanding information two years before his death. His first target was a local government-run dairy, a big employer, where he suspected animals were being mistreated. His next campaign focused on unlicensed stalls run on public land outside the local railway station. These were eventually demolished.
Encouraged by his success, Mishra asked for records of land purchases and sales by members of the local council over the last 20 years. In June last year, he began investigating the local market, largely built by local businessmen on government land. A month later, he asked why there was no electricity in the local health clinic. By the end of the year, he had established that many of the contracts awarded to resurface a road through the town were suspect. He spoke darkly to his family of death threats.
In December and January, Mishra filed a flurry of further information requests, asking for details of the postings of certain policemen and the whereabouts of vehicles the police had recently impounded.
On 9 February , he requested a list of those contracted to carry out construction of a road in the market. He also demanded the local council's 2009 accounts. The answer � which showed that at least �80,000 had been paid to contractors for work that had never been carried out � arrived in May, three months after his death.
His killers had used silenced handguns, the mark of professionals. That a power cut plunged the street into darkness for the few minutes they needed to work indicates the involvement of officials, campaigners claim.
Now his brother Mahdidar is trying to look after four extra children on a family income that has been halved. He told the Guardian he was "desperate".
"I want justice for my brother, but what can I do? There are many corrupt and powerful. I am just one man."
Cases of intimidation and violence are "isolated", Moily, the law minister, insisted. "Wherever protection is needed the government provides it."
'India's history is in two phases, before and after RTI' (http://timesofindia.indiatimes.com/home/opinion/articlelist/articleshow/7180352.cms) Times of India
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new_horizon
09-27 09:26 PM
mc cain will bring the war to an end but it'll be in victory, and making sure there'll be be no need for any future war in the region. but barack's knee-jerk pull back would not only undermine the war, it'll lead to unrest, and potential problem in the future to which the US will be drawn into again. you have seen the same problem india has been facing from the same terrorists...if you just hurt them they'll keep coming back. but if you destroy them forever you can bring peace.
I do agree that the times have been bad in the US economy lately, but don't you realize it's mainly due to the housing market, which has had a cascading effect on the banking sector, etc. (again this crazy financing scheme started in the clinton years where their objective was to give the dream of owning a home to the less fortunate to show that they are for the poor. this led to people getting easy loans to buy bigger home even if they didn't have the ability to pay back. the repubs did not have the courage to stop this lending practice, 'coz if they did the dems would say the repubs are against poor people buying houses. so you see how the dem policies hurt even long after they are gone).
but if you closely look, the US exports have boomed than any other time, and there is a huge chance of recovery if the right policies are applied. It's nice to imagine/hope that things will change overnight under the dems, but if you really look at their policies, they want to impose more taxes on the businesses (and also you), which will impact their bottomline, and will lead to a recruitment freeze, or even moving their business to a different country. and if you think our hard earned tax dollars are spent wastefully now, wait till you see how a dem admin is going to spend our money. they'll lead the country into deeper recession, and we can then kiss goodbye to our gc dreams.
I know the prospect of a charismatic guy in obama getting elected is very enticing, but the prospect of the dems controlling the house, senate, and the presidency will be a disaster never seen before. we'll see them lead US to a more socialistic country. what has made this country great is the prospect of getting limitless reward if you are hardworking, and innovative. but the dems concept is limiting reward to a set level, and distributing wealth to the less fortunate (i.e. lazy people). this was what happened to the socialistic and communist countries (dying economies, and poverty).
but our immediate concern is getting gc, and I really fear the prospect of dems controlling all branches of govt will def kill our dreams.
I do agree that the times have been bad in the US economy lately, but don't you realize it's mainly due to the housing market, which has had a cascading effect on the banking sector, etc. (again this crazy financing scheme started in the clinton years where their objective was to give the dream of owning a home to the less fortunate to show that they are for the poor. this led to people getting easy loans to buy bigger home even if they didn't have the ability to pay back. the repubs did not have the courage to stop this lending practice, 'coz if they did the dems would say the repubs are against poor people buying houses. so you see how the dem policies hurt even long after they are gone).
but if you closely look, the US exports have boomed than any other time, and there is a huge chance of recovery if the right policies are applied. It's nice to imagine/hope that things will change overnight under the dems, but if you really look at their policies, they want to impose more taxes on the businesses (and also you), which will impact their bottomline, and will lead to a recruitment freeze, or even moving their business to a different country. and if you think our hard earned tax dollars are spent wastefully now, wait till you see how a dem admin is going to spend our money. they'll lead the country into deeper recession, and we can then kiss goodbye to our gc dreams.
I know the prospect of a charismatic guy in obama getting elected is very enticing, but the prospect of the dems controlling the house, senate, and the presidency will be a disaster never seen before. we'll see them lead US to a more socialistic country. what has made this country great is the prospect of getting limitless reward if you are hardworking, and innovative. but the dems concept is limiting reward to a set level, and distributing wealth to the less fortunate (i.e. lazy people). this was what happened to the socialistic and communist countries (dying economies, and poverty).
but our immediate concern is getting gc, and I really fear the prospect of dems controlling all branches of govt will def kill our dreams.
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svn
03-31 07:51 PM
I am not convinced with the whole systematic preadjudication logic at all. .
Didn't say anything about "systematic" at all - I think we all know better than to use "systematic" and "USCIS" in the same sentence!:D However, they definitely seem to be making some progress on adjudications even if none the country caps limit green cards issual. Aamazing how you can change behaviour when you set a goal and start to measure people on it - looking at the bits and pieces of info being released by USCIS, you can see something is changing and I would suspect a lot has to do with the new leadership in government, that has a mandate for greater transparency (unlike their predecessors). Given the lack of visibility to Case Officers of cases with old PD's (they track by RDs and not PDs), I cannot but believe this will be good for getting some structure into the system.
Didn't say anything about "systematic" at all - I think we all know better than to use "systematic" and "USCIS" in the same sentence!:D However, they definitely seem to be making some progress on adjudications even if none the country caps limit green cards issual. Aamazing how you can change behaviour when you set a goal and start to measure people on it - looking at the bits and pieces of info being released by USCIS, you can see something is changing and I would suspect a lot has to do with the new leadership in government, that has a mandate for greater transparency (unlike their predecessors). Given the lack of visibility to Case Officers of cases with old PD's (they track by RDs and not PDs), I cannot but believe this will be good for getting some structure into the system.
Refugee_New
01-06 01:00 PM
I agree with you in principle..
but then again several thread of same sort have been running for weeks with mostly flaming content while being blessed by admins and senior members.. what makes one conflict employment related and another not much so?
If this forum is strictly for immigration, then we wouldn't have allowed members to discuss anything other than immigration.
But IV allowed its members to discuss, degrade, humiliate muslims and Islam. Why didn't they stop it then?
but then again several thread of same sort have been running for weeks with mostly flaming content while being blessed by admins and senior members.. what makes one conflict employment related and another not much so?
If this forum is strictly for immigration, then we wouldn't have allowed members to discuss anything other than immigration.
But IV allowed its members to discuss, degrade, humiliate muslims and Islam. Why didn't they stop it then?
Macaca
02-21 04:04 PM
Sometime back CNN (or Wolf Blitzer) used to say that CNN is the best news on network. Does anyone remember the exact words? Thanks.
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