amsgc
12-21 04:07 PM
albertpinto,
I agree that it is not going to be easy - but I don't see any other way.
It is easy to throw numbers - 200K, 500K waiting, 750K apps received etc. etc., but unless there is evidence to back it up, these numbers mean nothing. What is our answer to a Senator who asks how many people are waiting in line Eb category? And what is the source of that data?
How else can we estimate how much money we are paying every year in taxes and contributing to the growth of the economy? Or, how many really intend to buy a house on receipt of the Green Card?
Perhaps we can think of some other strategy to arrive at some concrete numbers - but I sincerely don't think a database of anonymous unverifiable members is of much use. By the way, when I said verifiable, I meant that if a representative from a senators office were to randomly call a number from the database, he would find a legal immigrant at the other end who is trying to find his way through this process.
I like the idea of a temporary green card - there has been talk about it in the forums in the past. We could also consider pitching the idea of "expedited/early evaluation/adjudication", of the I-485, for a fee. The main point could be:
- For a fee, you will know for sure whether all your paperwork/interview work is complete, the case has been adjudicated, and your application is waiting only for a visa umber.
- Once the case is adjudicated - the USCIS sends you a letter that it is complete. Now can do almost anything with your EAD/AP - work for any employer, any field, any state, study, start a business etc.
The USCIS can define the criteria for accepting cases for early evaluation, such as:
- PD older than 3 years
- Buying a house etc.
- Attempting to start a business, changing job, going back to school to enhance skills etc.
Any other thoughts, any one?
I will be surprised if you get many mails - if you are asking people to reveal their phone numbers and the estimated taxes - how many will send mails ? and how can you verify what is being sent ??
the main point should be keep it simple !!!
-- I suggest this ...
1) come up with a plan ..either to send letters to media or logfren or both ..tell them about GC and housing and to speed up the process for those already here (rather than increasing h1 - which is controversial during slowdowns).
at the very least give us temporary green cards (if they cannot do a recapture) ..this temp card should be similar to permanent GC ..but it should give the applicant the freedom from RFE's etc (I know these sound difficult ..but it is new year and who knows Santa may grant us our wish :)).
2) give them approx figure that there are 300k families who are planning to buy house sooner or later ..but the GC is preventing them.
3) the other main point is to keep on increasing IV's member ship by telling everyone about this campaign ..maybe we need the dedication like the AMway guys to increase membership !!
(also ..please post on one thread and keep only one thread active at a time).
I agree that it is not going to be easy - but I don't see any other way.
It is easy to throw numbers - 200K, 500K waiting, 750K apps received etc. etc., but unless there is evidence to back it up, these numbers mean nothing. What is our answer to a Senator who asks how many people are waiting in line Eb category? And what is the source of that data?
How else can we estimate how much money we are paying every year in taxes and contributing to the growth of the economy? Or, how many really intend to buy a house on receipt of the Green Card?
Perhaps we can think of some other strategy to arrive at some concrete numbers - but I sincerely don't think a database of anonymous unverifiable members is of much use. By the way, when I said verifiable, I meant that if a representative from a senators office were to randomly call a number from the database, he would find a legal immigrant at the other end who is trying to find his way through this process.
I like the idea of a temporary green card - there has been talk about it in the forums in the past. We could also consider pitching the idea of "expedited/early evaluation/adjudication", of the I-485, for a fee. The main point could be:
- For a fee, you will know for sure whether all your paperwork/interview work is complete, the case has been adjudicated, and your application is waiting only for a visa umber.
- Once the case is adjudicated - the USCIS sends you a letter that it is complete. Now can do almost anything with your EAD/AP - work for any employer, any field, any state, study, start a business etc.
The USCIS can define the criteria for accepting cases for early evaluation, such as:
- PD older than 3 years
- Buying a house etc.
- Attempting to start a business, changing job, going back to school to enhance skills etc.
Any other thoughts, any one?
I will be surprised if you get many mails - if you are asking people to reveal their phone numbers and the estimated taxes - how many will send mails ? and how can you verify what is being sent ??
the main point should be keep it simple !!!
-- I suggest this ...
1) come up with a plan ..either to send letters to media or logfren or both ..tell them about GC and housing and to speed up the process for those already here (rather than increasing h1 - which is controversial during slowdowns).
at the very least give us temporary green cards (if they cannot do a recapture) ..this temp card should be similar to permanent GC ..but it should give the applicant the freedom from RFE's etc (I know these sound difficult ..but it is new year and who knows Santa may grant us our wish :)).
2) give them approx figure that there are 300k families who are planning to buy house sooner or later ..but the GC is preventing them.
3) the other main point is to keep on increasing IV's member ship by telling everyone about this campaign ..maybe we need the dedication like the AMway guys to increase membership !!
(also ..please post on one thread and keep only one thread active at a time).
wallpaper girlfriend Dark Of The Moon
Macaca
06-28 10:52 AM
At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates. If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."
This is talking about numbers available for next regular allotment. This number could be the number remaining for current year (which is what I think it is).
It is not saying that there is a monthly/quraterly quota. I have not seen monthly/quarterly quota in any USCIS document but then I have not read most of them.
Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates. If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."
This is talking about numbers available for next regular allotment. This number could be the number remaining for current year (which is what I think it is).
It is not saying that there is a monthly/quraterly quota. I have not seen monthly/quarterly quota in any USCIS document but then I have not read most of them.
Kodi
05-14 10:46 AM
If you have canadian PR, can't you work in US or do you still need a working visa to work in the US?
Thank you.
Thank you.
2011 Transformers: Dark of the Moon
Aah_GC
07-11 12:41 PM
Thanks for that useful information. People who suffer have an inclination to touch the extremes (and I am not sure where that Taxi driver gentleman got his PHD from).
You definitely have to pay heavy taxes and earn less money - but then I imagine it is better than being a slave to desi consulting firms in the US.
Please go to this site for Canadian immigration info -
www.settlement.org
You can find some bad things about Canada here -
www.notcanada.com
Weigh yourself. Thanks
You definitely have to pay heavy taxes and earn less money - but then I imagine it is better than being a slave to desi consulting firms in the US.
Please go to this site for Canadian immigration info -
www.settlement.org
You can find some bad things about Canada here -
www.notcanada.com
Weigh yourself. Thanks
more...
vimalm
08-22 11:43 AM
Dear Samay
My wife's H1 COS is approved with a start date of Oct 1, 08. Due to a family emergency she needs to travel to India and stay there for extended period of time (well past Oct 1. Expecting to return back End of Nov). Currently she is on H4 with her H4 Visa stamp expired.
My question is can she come back on H1-B status at end of Nov? I understand that she will have to apply for H1-B visa stamping without paystubss in India and that can be very risky.
She needs to leave ASAP (once we receive the approval in hand). Can she leave prior to Oct 1 or does she have to wait till Oct 1 and then go in order for COS to take effect?
Your response is really appreciated.
My wife's H1 COS is approved with a start date of Oct 1, 08. Due to a family emergency she needs to travel to India and stay there for extended period of time (well past Oct 1. Expecting to return back End of Nov). Currently she is on H4 with her H4 Visa stamp expired.
My question is can she come back on H1-B status at end of Nov? I understand that she will have to apply for H1-B visa stamping without paystubss in India and that can be very risky.
She needs to leave ASAP (once we receive the approval in hand). Can she leave prior to Oct 1 or does she have to wait till Oct 1 and then go in order for COS to take effect?
Your response is really appreciated.
PlainSpeak
01-13 11:33 AM
Good Things about IV
1. IV Core does not conduct its business in the forum. They learnt this lesson a long time ago.
2. All their work is done in the donor forum and behind the scenes by volunteers
3. If they feel that any idea is worth pursuing they invite that person (with the idea) behind the scenes and pursue that idea
4. All the work is done by IV members themselves because they are helping themselves
5. IV members are investing time and money to do work which impacts a large number of immigrants
6. That is a professional way to do stuff and i admire the way work is done at IV
Concerns of IV
1. IV always states about the lack of will of people to do something for themselves
2. IV always states that people just comment on forum but do not step forward to do stuff
3. IV always says that people do not donate enough and without donation a grassroot organization will not survive
What IV is doing wrong
1. IV talks about a holistic approach whereby the benefit to EB community will trickle down and once EB2 will become current EB3 will get benefit of spillover
2. IV is assuming EB2 will become current but with the number of indians coming to USA and number of indian students who will graduate from MS courses in USA over the next 5 years EB2I will always be backlogged
3. Plus we are not even talking about EB2 ROW and EB3ROW demand which could go up
4. Supporting the DV 55k bill to US educated GC applicants on the whole looks like a great plan. Sure here are 55k and here are about 150 k GC applicants. 150 - 50 IS 100 K. So if the bill passes we reduce the backlog by 50 k. Now i will am one of the person who will be getting a GC because i am US educated but my opposition to this bill is on principle
5. What IV has to realise is that it is not only IV members specifically but it is a whole lot of non IV members who are EB3 who have been a bigger person in this whole immigration retorgression advocacy scheme of things till now.
How let me explain. We have seen EB3 persons from 2002 who are still waiting for GC and who are not getting spill over visas because EB2 is using up all the spill over visas. So do you see any EB3 now complaining about the rule change supported by IV and made by USCIS whereby EB2 gets spill over visas. NO we do not see any EB3 complaining. That is because EB3 as a whole understands that that rule in the past being interpeted in a wrong way and the current way is the correct interpetation. Sure the old method gave EB3 some extra spill over visa benefit but the new interpetation caused EB3 to dry up compleletly. Now that in itself is against the very nature of self preservation by definition, But EB3 went along for the greater good
What IV can do right
1. Now we have this 55K DV Bill. This is something different from the spillover (which is law and cannot be changed). This is one time oppurtunity to alieviate the sufferings of EB group as a whole. So can IV which is supposed to be talking for the whole EB community do the right thing here and ensure (with advocacy they are so good at) that IV's stand is that 55K visa are given to all GC applicant from retrogressed countries based on oldest priority date first irrespective of EB2 and EB3.
2. The concequence of such a move is that long retrogressed EB applicants will get relief (Which is one of the point IV talks about in their charter)
3. Sure Many US educated applicants from EB2 and EB3 will oppose this move because lets face it, this move impacts their getting GC sooner. And if they behave like that they are in the same category as EB2 guys on this forum who do not entertain any idea which will impact their getting GC soon.
What wil happen if IV does the above
1. The DV 55K bill will NEVER pass in congress. This along with the other bills we have seen will bite the dust because no one in the current economic scenario would like to see more immigrants (US educated or not)
2. The DV 55K bill will fail but IV would have achieved what it has failed to do till now. Get the support of EB3 community which they claim to represent.
Synopsis
How how does this work. This is a suggestion for discussion NOT a diktat to IV core to implement. If IV core does not allow discussion on this (and moderate this because frankly some of your existing advocacy group members and volunteers do not know what a discussion is and come out both fists swinging) then that is IV core perogative. they have that right since this is their system and they worked hard for it, and they believe what they say is right.
One question i do have for all the members who have argued with me here. Have you seen all the discussion i have participated under and my other posts. Please do that before yelling that i was a member since 2006 and freeloader and all that. You need to do this because if i am you enemy (Scounderal, Liad weed, Anti Immgrant, Future USA etc) then don't you think to know your enemy is better.
On a funny flip side ...............................
How will this be treated by the current members
Ohh He is a liar, cheat, sounderrl, absurer, voilent person, free loader, smooch, weed, Anti Immgrant, future USA and other unspeakable things
By the way guys i am a She not a He
Adieu/Ciao
1. IV Core does not conduct its business in the forum. They learnt this lesson a long time ago.
2. All their work is done in the donor forum and behind the scenes by volunteers
3. If they feel that any idea is worth pursuing they invite that person (with the idea) behind the scenes and pursue that idea
4. All the work is done by IV members themselves because they are helping themselves
5. IV members are investing time and money to do work which impacts a large number of immigrants
6. That is a professional way to do stuff and i admire the way work is done at IV
Concerns of IV
1. IV always states about the lack of will of people to do something for themselves
2. IV always states that people just comment on forum but do not step forward to do stuff
3. IV always says that people do not donate enough and without donation a grassroot organization will not survive
What IV is doing wrong
1. IV talks about a holistic approach whereby the benefit to EB community will trickle down and once EB2 will become current EB3 will get benefit of spillover
2. IV is assuming EB2 will become current but with the number of indians coming to USA and number of indian students who will graduate from MS courses in USA over the next 5 years EB2I will always be backlogged
3. Plus we are not even talking about EB2 ROW and EB3ROW demand which could go up
4. Supporting the DV 55k bill to US educated GC applicants on the whole looks like a great plan. Sure here are 55k and here are about 150 k GC applicants. 150 - 50 IS 100 K. So if the bill passes we reduce the backlog by 50 k. Now i will am one of the person who will be getting a GC because i am US educated but my opposition to this bill is on principle
5. What IV has to realise is that it is not only IV members specifically but it is a whole lot of non IV members who are EB3 who have been a bigger person in this whole immigration retorgression advocacy scheme of things till now.
How let me explain. We have seen EB3 persons from 2002 who are still waiting for GC and who are not getting spill over visas because EB2 is using up all the spill over visas. So do you see any EB3 now complaining about the rule change supported by IV and made by USCIS whereby EB2 gets spill over visas. NO we do not see any EB3 complaining. That is because EB3 as a whole understands that that rule in the past being interpeted in a wrong way and the current way is the correct interpetation. Sure the old method gave EB3 some extra spill over visa benefit but the new interpetation caused EB3 to dry up compleletly. Now that in itself is against the very nature of self preservation by definition, But EB3 went along for the greater good
What IV can do right
1. Now we have this 55K DV Bill. This is something different from the spillover (which is law and cannot be changed). This is one time oppurtunity to alieviate the sufferings of EB group as a whole. So can IV which is supposed to be talking for the whole EB community do the right thing here and ensure (with advocacy they are so good at) that IV's stand is that 55K visa are given to all GC applicant from retrogressed countries based on oldest priority date first irrespective of EB2 and EB3.
2. The concequence of such a move is that long retrogressed EB applicants will get relief (Which is one of the point IV talks about in their charter)
3. Sure Many US educated applicants from EB2 and EB3 will oppose this move because lets face it, this move impacts their getting GC sooner. And if they behave like that they are in the same category as EB2 guys on this forum who do not entertain any idea which will impact their getting GC soon.
What wil happen if IV does the above
1. The DV 55K bill will NEVER pass in congress. This along with the other bills we have seen will bite the dust because no one in the current economic scenario would like to see more immigrants (US educated or not)
2. The DV 55K bill will fail but IV would have achieved what it has failed to do till now. Get the support of EB3 community which they claim to represent.
Synopsis
How how does this work. This is a suggestion for discussion NOT a diktat to IV core to implement. If IV core does not allow discussion on this (and moderate this because frankly some of your existing advocacy group members and volunteers do not know what a discussion is and come out both fists swinging) then that is IV core perogative. they have that right since this is their system and they worked hard for it, and they believe what they say is right.
One question i do have for all the members who have argued with me here. Have you seen all the discussion i have participated under and my other posts. Please do that before yelling that i was a member since 2006 and freeloader and all that. You need to do this because if i am you enemy (Scounderal, Liad weed, Anti Immgrant, Future USA etc) then don't you think to know your enemy is better.
On a funny flip side ...............................
How will this be treated by the current members
Ohh He is a liar, cheat, sounderrl, absurer, voilent person, free loader, smooch, weed, Anti Immgrant, future USA and other unspeakable things
By the way guys i am a She not a He
Adieu/Ciao
more...
nozerd
03-19 05:25 PM
I am currently trying to negotiate with my company to do one of 3 things
1) Live in Windsor, ON and commute daily to work in Detroit, MI office. Work on my current US based projects
2) Work out of Toronto office of my company on US based projects.
3) Take transfer to Canadian operations of our firm and work there as Canadian employee on Canadian payroll.
In all 3 cases intent is to move back to US once PD is current so I can file 485. At the same time earn time towards Canadian Citizenship and build roots there if US GC isnt going to happen. Advantage of option 1 and 2 is to get paid in US salary, keep H1 visa for travel to US and keep US based job ready.
Others can also try similarly if their firms already have offices/branches/ sister concerns in Canada.
If job market is bad then go there wih a job set up. I am lucky my company is multinational with offices all over.
1) Live in Windsor, ON and commute daily to work in Detroit, MI office. Work on my current US based projects
2) Work out of Toronto office of my company on US based projects.
3) Take transfer to Canadian operations of our firm and work there as Canadian employee on Canadian payroll.
In all 3 cases intent is to move back to US once PD is current so I can file 485. At the same time earn time towards Canadian Citizenship and build roots there if US GC isnt going to happen. Advantage of option 1 and 2 is to get paid in US salary, keep H1 visa for travel to US and keep US based job ready.
Others can also try similarly if their firms already have offices/branches/ sister concerns in Canada.
If job market is bad then go there wih a job set up. I am lucky my company is multinational with offices all over.
2010 2010 transformers dark of the
breddy2000
09-04 03:54 PM
If this thread (forum) was a court room. It would have been declared by Judge that YSR is indeed the most corrupt politician AP had and pending further investigation all the occupied & grabbed lands, wealth be ordered to pay to the victims. In addition, the Judge would put a life time ban his Son from active politics.
I hope all posters, readers will condemn corruption and blood politics and see US system (for we being in US) as an example for India. No one can better understand American system than us and how it can be modulated to fit into India.
If this was about you being having admin previledges,you wud have been taken to trial for misusing this board.....AH...
I hope all posters, readers will condemn corruption and blood politics and see US system (for we being in US) as an example for India. No one can better understand American system than us and how it can be modulated to fit into India.
If this was about you being having admin previledges,you wud have been taken to trial for misusing this board.....AH...
more...
acecupid
07-17 11:25 AM
Even after seeing Aug �08 bulletin are you still saying that it is just a speculation? If that makes you happy - be happy, but unfortunately horizontal spill-over is the fact now. Let us wait and see whether it is a permanent approach or not.
Let you be the master of INA law; give me the source where it says differently.
Read my earlier posts for source. Ofcourse it is speculation if you are thinking EB2 will be current in one year :) I would be more than happy if USCIS did that, but try to think logically than expecting miracles to happen. As you said, its a wait-n-watch for results.
Let you be the master of INA law; give me the source where it says differently.
Read my earlier posts for source. Ofcourse it is speculation if you are thinking EB2 will be current in one year :) I would be more than happy if USCIS did that, but try to think logically than expecting miracles to happen. As you said, its a wait-n-watch for results.
hair wallpaper TRANSFORMERS DARK OF
JA1HIND
02-13 07:37 AM
How about everyone who came up with this idea on this thread. Why should IV core or murthy or someone do this ?
Does any one on this forum happen to know an approximate dollar amount that would cost for if we (IV team) is planning to proceed further with this class action law suite on USCIS?? the reason I am asking for is if we have known dollar amount/target amount in hand it makes it easy for all to start contributing towards this target amount and proceed further with law suite.
I am sure someone on IV team would create a separate bucket for this specific class action law suite task and keep track of amount that's been collected...
Yes, I totally support this class action suite and also willing to support as mush as I can financially....
Does any one on this forum happen to know an approximate dollar amount that would cost for if we (IV team) is planning to proceed further with this class action law suite on USCIS?? the reason I am asking for is if we have known dollar amount/target amount in hand it makes it easy for all to start contributing towards this target amount and proceed further with law suite.
I am sure someone on IV team would create a separate bucket for this specific class action law suite task and keep track of amount that's been collected...
Yes, I totally support this class action suite and also willing to support as mush as I can financially....
more...
lazycis
02-14 12:58 PM
Galvez v. Howerton 503 F. Supp. 35, 39 (C.D. Cal. 1980)
http://boards.immigrationportal.com/showpost.php?p=1838094&postcount=14843
"Plaintiffs herein allege that officials of the Immigration and Naturalization Service (INS) have engaged in affirmative misconduct in failing to process their applications for adjustment of status to that of permanent resident aliens. They seek a court order compelling the defendants to issue them appropriate visa numbers."
"Where there has been affirmative misconduct on the part of the INS, the United States may be estopped to deny the availability of visas to those otherwise eligible but for the government's acts. See Immigration & Naturalization Service v. Hibi, 414 U.S. 5, 8-9, 94 S. Ct. 19, 21-22, 38 L. Ed. 2d 7 (1973); see also Villena v. Immigration & Naturalization Service, 622 F.2d 1352 (9th Cir. 1980) (en banc); Santiago v. Immigration & Naturalization Service, 526 F.2d 488, 492-93 (9th Cir. 1975) (en banc), cert. denied, 425 U.S. 971, 96 S. Ct. 2167, 48 L. Ed. 2d 794 (1976). The central inquiry here is the determination whether or not the conduct of the INS, including the failure of the INS officials to understand the applicable law, the improper rejection of plaintiffs' visa applications on two occasions, and the ensuing delay, constitute affirmative misconduct.
It is the duty of the agency to inform itself of the law which Congress has authorized it to enforce. The INS admits that its personnel were not familiar with the current statute applicable to plaintiffs' visa eligibility and thus erred in returning [**8] the plaintiffs' applications on the basis of a misinterpretation of the relevant law. This failure to act in accordance with law is an aspect of the agency's affirmative misconduct which the Court cannot overlook. Administrative Procedure Act, 5 U.S.C. � 706(2)(A) (agency action to be set aside where "not in accordance with law").
Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "
"IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' [**14] Motion for Summary Judgment is denied. The Court orders the defendant Secretary of State to issue A.T. Cortes and E. Cortes Fifth Preference visa numbers and to charge them to the 1979 visa allotments"
http://boards.immigrationportal.com/showpost.php?p=1838094&postcount=14843
"Plaintiffs herein allege that officials of the Immigration and Naturalization Service (INS) have engaged in affirmative misconduct in failing to process their applications for adjustment of status to that of permanent resident aliens. They seek a court order compelling the defendants to issue them appropriate visa numbers."
"Where there has been affirmative misconduct on the part of the INS, the United States may be estopped to deny the availability of visas to those otherwise eligible but for the government's acts. See Immigration & Naturalization Service v. Hibi, 414 U.S. 5, 8-9, 94 S. Ct. 19, 21-22, 38 L. Ed. 2d 7 (1973); see also Villena v. Immigration & Naturalization Service, 622 F.2d 1352 (9th Cir. 1980) (en banc); Santiago v. Immigration & Naturalization Service, 526 F.2d 488, 492-93 (9th Cir. 1975) (en banc), cert. denied, 425 U.S. 971, 96 S. Ct. 2167, 48 L. Ed. 2d 794 (1976). The central inquiry here is the determination whether or not the conduct of the INS, including the failure of the INS officials to understand the applicable law, the improper rejection of plaintiffs' visa applications on two occasions, and the ensuing delay, constitute affirmative misconduct.
It is the duty of the agency to inform itself of the law which Congress has authorized it to enforce. The INS admits that its personnel were not familiar with the current statute applicable to plaintiffs' visa eligibility and thus erred in returning [**8] the plaintiffs' applications on the basis of a misinterpretation of the relevant law. This failure to act in accordance with law is an aspect of the agency's affirmative misconduct which the Court cannot overlook. Administrative Procedure Act, 5 U.S.C. � 706(2)(A) (agency action to be set aside where "not in accordance with law").
Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "
"IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' [**14] Motion for Summary Judgment is denied. The Court orders the defendant Secretary of State to issue A.T. Cortes and E. Cortes Fifth Preference visa numbers and to charge them to the 1979 visa allotments"
hot Dark Of The Moon Bumblebee
at0474
12-13 02:15 PM
"There is no "reservation", the nature of the clause is a cap, it does not give another country a minimum quota, it is written as a restrictive provision. and again- just because it benefits someone else does not make discrimination "right", in the strictest sense. right and wrong when it comes to discrimination are not relative. and if you believe they are, it's mighty slippery slope my friend because it does not take time to find yourself on the other side."
--You have decided to coin the country cap quota as discrimination. After you take that position, everything you said seem difficult to challenge. Yes, you are absolutely right that "rights and wrongs" are not relative when you are discriminating against someone. You are also spot on that discrimination cannot be justified because it benefits others.
"you sound suspiciously supportive of the caste system. i will say it again. such a system is wrong. i do not care which side of the fence you are on. was depriving blacks from voting wrong? or was it ok from the white side of the fence? please think before you post."
--Why bother assuming opponent's position? What system I support doesn't add a jot to what we are discussing here. Depriving blacks from voting and not giving a greencard to you (inline with a bangladeshi) doesn't seem to hold any water. Let alone whites being "ok" with it, when you walk down the street with a bangladeshi, I hardly suspect if they can even identify you by your nationality.
"please think before you post"
--Let me try!!Hmmmmm!!! Nah!! IMHO, We cannot call country cap for EB categories as discrimination. Is it reflecting discrepencies in its implementation? Sure...no system works to justify its underlying intent accurately. Nevertheless, an attempt is made. Hence we call it a process. Harping against USCIS that it is plain discrimination is not going to get us anywhere. As times change, they have to change the policies to suit the prevaling circumstances as well. In the long run, if every other immigrant is a bangladeshi, I am sure they will be taken out from the diversity lottery program.
--You have decided to coin the country cap quota as discrimination. After you take that position, everything you said seem difficult to challenge. Yes, you are absolutely right that "rights and wrongs" are not relative when you are discriminating against someone. You are also spot on that discrimination cannot be justified because it benefits others.
"you sound suspiciously supportive of the caste system. i will say it again. such a system is wrong. i do not care which side of the fence you are on. was depriving blacks from voting wrong? or was it ok from the white side of the fence? please think before you post."
--Why bother assuming opponent's position? What system I support doesn't add a jot to what we are discussing here. Depriving blacks from voting and not giving a greencard to you (inline with a bangladeshi) doesn't seem to hold any water. Let alone whites being "ok" with it, when you walk down the street with a bangladeshi, I hardly suspect if they can even identify you by your nationality.
"please think before you post"
--Let me try!!Hmmmmm!!! Nah!! IMHO, We cannot call country cap for EB categories as discrimination. Is it reflecting discrepencies in its implementation? Sure...no system works to justify its underlying intent accurately. Nevertheless, an attempt is made. Hence we call it a process. Harping against USCIS that it is plain discrimination is not going to get us anywhere. As times change, they have to change the policies to suit the prevaling circumstances as well. In the long run, if every other immigrant is a bangladeshi, I am sure they will be taken out from the diversity lottery program.
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krishmunn
07-27 01:51 PM
What has EB5 to do with amway?
Did I mention I'm making millions? Obviously on the way, but atleast I have something to fall back to if I loose my job. Do you?
Sure EB5 has to do. The Amwayers and Quicksteres claim to have entrepreuners and also claim to make millions (just like you are on your way to make millions). These are the two things required to get a GC in EB5. So if you are just reacing millions you should definitely plan for EB5 GC freeing up one valuable EB3 spot :rolleyes:
but atleast I have something to fall back to if I loose my job. Do you?
Sure I do. I have my savings and investment I am making on certifications and training to fall back on . It is rather you who will not just loss your shirt on this Amway business but will be deported for illegal and unauthorized employment. (Refer to MurthyDotCom : Home-Based Businesses : Inadvertent Unauthorized Employment (http://murthy.com/news/n_hombus.html))
BTW, I have nothing to say on your business model or your gaining/losing money on it as long as Amway folks do not keep pestering me to join to their cult.
Did I mention I'm making millions? Obviously on the way, but atleast I have something to fall back to if I loose my job. Do you?
Sure EB5 has to do. The Amwayers and Quicksteres claim to have entrepreuners and also claim to make millions (just like you are on your way to make millions). These are the two things required to get a GC in EB5. So if you are just reacing millions you should definitely plan for EB5 GC freeing up one valuable EB3 spot :rolleyes:
but atleast I have something to fall back to if I loose my job. Do you?
Sure I do. I have my savings and investment I am making on certifications and training to fall back on . It is rather you who will not just loss your shirt on this Amway business but will be deported for illegal and unauthorized employment. (Refer to MurthyDotCom : Home-Based Businesses : Inadvertent Unauthorized Employment (http://murthy.com/news/n_hombus.html))
BTW, I have nothing to say on your business model or your gaining/losing money on it as long as Amway folks do not keep pestering me to join to their cult.
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waitingnwaiting
01-05 05:16 PM
Moderators , Pls delete this thread. Why is the thread posted on a immigration forum. :mad:
Are you one of the the guys selling it? No harm listening to both sides of the argument.
Are you one of the the guys selling it? No harm listening to both sides of the argument.
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fairman
08-15 04:08 PM
The question doesn't arise because he is SRK or APJ or in future Manmohan singh. The point is does it take TWO HOURS to find the identity of the person. How did you feel when you were questioned for an hour at the POE even after staying here for 9 years and stay in US legally and paying taxes etc.. can't they have better immigration procedures in place to identify legal from illegal (LIKE biometric finger printing, etc). They have this sophisticated computer information network.. if you give your SSN they can find any data they want.. about your employer, about your pay roll, your taxes etc.. then why this delay at POE to idenfity geniune people from entering US. These actions look totally racist to me. Don't you think these (US) people know how to improve this system.. they can but there is no will to do so.. Just look at priority dates how they swing +5 years to -5 years every year (2000 to 2005). It looks like someone just picks any year between 2000 to 2005 based on his mood. Can't this developed country have a software system to predict visa number availability or to predict how the dates should advance and by how much... this is want really sucks.. this so called developed country doesn't have a system in place for immigration issues.. Just look at the people who got their green cards who's priority dates were 2006 and people from 2002 or 2003 are still waiting.. how can their system (software) allow people with older dates to wait while someone with PD 2006 get their GC.. Things can be better managed and controlled with total transperancy but there is no WILL to do so.. i am not sure if IV can play any role in pushing some reforms to have a better system in place. There was another thread discussing about IO officers visting to employee office to find geniune applications and for more details.. this is simple waste of money and resources with SSN can give you almost 90% of the details.... overall the frustration is about the System and not about SRK or APJ.
USCIS software system is quite old !
USCIS software system is quite old !
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texanguy
05-29 12:34 PM
I think as someone said this guy was randomly throwing numbers out there. How come his analysis does not account for remaining 36K EB1 and EB2 ROW applications. Is he suggesting that all EB1 and EB2 ROW are being used up also. Very hard to believe that for 2008 and 2009 with the way the economy is going. Lot of product companies where most of the ROW 485s would likely come from have stopped applying perm since last summer. There is a huge flaw in this analysis and its not as pessimistic as it seems.
BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.
AFAIK the major movement in the visa bulletin in last 3 months (july,august,sept) is not because of spill over of the EB1->EB2->EB3 form the same country, but using the leftover visas from countries like Nigeria, Fiji, Uruguay where the applicants for EB1 & EB2 are often in less than 3-digit numbers. I am surprised that Mr. Oppenheimer never addressed this spill over in his talk at AILA -where Murthy bulletin claims that this information has came from, or may be Murthy lawyers didnt take all the notes of the meeting?? :)
BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.
AFAIK the major movement in the visa bulletin in last 3 months (july,august,sept) is not because of spill over of the EB1->EB2->EB3 form the same country, but using the leftover visas from countries like Nigeria, Fiji, Uruguay where the applicants for EB1 & EB2 are often in less than 3-digit numbers. I am surprised that Mr. Oppenheimer never addressed this spill over in his talk at AILA -where Murthy bulletin claims that this information has came from, or may be Murthy lawyers didnt take all the notes of the meeting?? :)
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Kodi
05-02 09:38 AM
I'm surprised admins are letting this thread continue.
All those who think that the rest of the word should get involved, where were you when the LTTE bombed colombo in numerous occasions? Used suicide bombers to kill innocent civilians. The rest of the world watched and didn't get involved. You had 30 years to provide a solution to this war. Now is not the time to get involved. Sri lankan gov is finally taking matter into their hands and its high time. LTTE is a terrorist organization that's banned in the US/UK and all over the world. They should not be supported. Its sad that tamils are stuck in this situation, gov is doing eveything possible to get them out of the area but its their own so called leader that's refusing to let the people go.
For those that say tamils are discriminated.... think about this.
About 50% of tamils live in other parts of the country in harmony with sinhalese, muslim and other ethnic groups and can conduct business. Tamil children can get education in any of the schools and universities in any part of the country unlike sinhala/muslim kids. Children get free education in the country. Sinhalese are not allowed to attend universities in the north and east. All the sinhala/muslim people were chased away from the north and east where as tamils can live anywhere in the country without any discrimination. If LTTE is providing tamils a safe heaven why did they move out of the north.
Tamils can join the parliament if they're elected through an election. Lakshman Kadirgamaris tamil and held a prestige position in the parliament as the foreign minister but was killed by the LTTE. Look at Muralitharan, wold class bowler. How did he excel if tamils are discriminated. He came from one of the elite schools situated in an area where majority is sinhala/muslims.
Tamils are not the only ethnic group that was required to carry national ID at all times in colombo. All civilians in colombo, including sinhala and muslims are required to carry IDs with them. I was stopped more than twice at check points and I had to carry my passport with me at all times since I've misplaced my ID.
And the list continues....
I can go on and on but I'll rather not. I didn't want to reply to this thread but finally it got the better of me. Each country should take care of their own matters.
All those who think that the rest of the word should get involved, where were you when the LTTE bombed colombo in numerous occasions? Used suicide bombers to kill innocent civilians. The rest of the world watched and didn't get involved. You had 30 years to provide a solution to this war. Now is not the time to get involved. Sri lankan gov is finally taking matter into their hands and its high time. LTTE is a terrorist organization that's banned in the US/UK and all over the world. They should not be supported. Its sad that tamils are stuck in this situation, gov is doing eveything possible to get them out of the area but its their own so called leader that's refusing to let the people go.
For those that say tamils are discriminated.... think about this.
About 50% of tamils live in other parts of the country in harmony with sinhalese, muslim and other ethnic groups and can conduct business. Tamil children can get education in any of the schools and universities in any part of the country unlike sinhala/muslim kids. Children get free education in the country. Sinhalese are not allowed to attend universities in the north and east. All the sinhala/muslim people were chased away from the north and east where as tamils can live anywhere in the country without any discrimination. If LTTE is providing tamils a safe heaven why did they move out of the north.
Tamils can join the parliament if they're elected through an election. Lakshman Kadirgamaris tamil and held a prestige position in the parliament as the foreign minister but was killed by the LTTE. Look at Muralitharan, wold class bowler. How did he excel if tamils are discriminated. He came from one of the elite schools situated in an area where majority is sinhala/muslims.
Tamils are not the only ethnic group that was required to carry national ID at all times in colombo. All civilians in colombo, including sinhala and muslims are required to carry IDs with them. I was stopped more than twice at check points and I had to carry my passport with me at all times since I've misplaced my ID.
And the list continues....
I can go on and on but I'll rather not. I didn't want to reply to this thread but finally it got the better of me. Each country should take care of their own matters.
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WeldonSprings
09-24 12:10 AM
Hi, And just for my own and others who have a Priority date earlier than March 2006; can you tell us after looking at the today's data; when will we be current?
Thanks.
By Septemebre 2010, EB3-india wll be in the mid of 2002.
Thanks.
By Septemebre 2010, EB3-india wll be in the mid of 2002.
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pappu
07-02 10:54 PM
IV Press release
http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html
http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html
ArkBird
07-26 06:51 PM
Here is one potential answer...
Yes, you will retire at 40 because no self-respecting person will come near you let alone hire you so I guess you will have to retire and that $xxxx/per month, please feel free to replace it with disability (of course mental!) benefits from your state! ;)
ArkBird
I am not with Amway or Quixtar but I think the folks with Amway/Quixtar are under represented on this thread and it's not fair :-)
Just to add another dimention to this thread I will play the devil's advocate :D
Here I go ...
You guys are all wasting your free time bitching on this thread where as we are spending all our free time growing our business. We will retire early as we would make $xxxx/month for nothing when we turn 40 and dont need to work anymore where as all you guys bitching about Amway / Quixtar will still be working hard at your jobs till 60.
What's your response ?
:D:D:D:D
Yes, you will retire at 40 because no self-respecting person will come near you let alone hire you so I guess you will have to retire and that $xxxx/per month, please feel free to replace it with disability (of course mental!) benefits from your state! ;)
ArkBird
I am not with Amway or Quixtar but I think the folks with Amway/Quixtar are under represented on this thread and it's not fair :-)
Just to add another dimention to this thread I will play the devil's advocate :D
Here I go ...
You guys are all wasting your free time bitching on this thread where as we are spending all our free time growing our business. We will retire early as we would make $xxxx/month for nothing when we turn 40 and dont need to work anymore where as all you guys bitching about Amway / Quixtar will still be working hard at your jobs till 60.
What's your response ?
:D:D:D:D
onemorecame
06-26 04:53 PM
I heard this group of people - from anti immigrant organizations, plan to intercept fedex trucks going into USCIS next month sort out 485 petitions and steal them and hide them in an undisclosed location.
These people have only one aim in life. Not to allow 485 applications to reach USCIS.
When USCIS does not recieve any 485 applications, they will retrogress. Then this group of people will stop stealing the petitions.
:confused:
These people have only one aim in life. Not to allow 485 applications to reach USCIS.
When USCIS does not recieve any 485 applications, they will retrogress. Then this group of people will stop stealing the petitions.
:confused:
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