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"
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yabadaba
06-26 01:33 PM
ok heres the thing.. what is the point of this thread?
if they retrogress mid month.. they retrogress... what can u do about it??
just get ur meds done and file ur paperwork. do your karm...rest u leave it upto whatever spiritual power u believe in.
by discussing this stuff.. u r not going to change uscis or dos's mind... right?
and if it retrogresses mid month...u know AILA and other lawyers will start filing lawsuits...so chill
if they retrogress mid month.. they retrogress... what can u do about it??
just get ur meds done and file ur paperwork. do your karm...rest u leave it upto whatever spiritual power u believe in.
by discussing this stuff.. u r not going to change uscis or dos's mind... right?
and if it retrogresses mid month...u know AILA and other lawyers will start filing lawsuits...so chill
punjabi
07-31 12:23 AM
Remember? In I-485 form, we have to fill Yes/No answers for questions like - have you ever been convicted of a high crime, did you ever involve yourself as a prostitute, etc. etc.
Very soon, USCIS will issue an updated I-485 with added questions like:
a) Have you ever been involved with Quixstar or Amway?
b) If yes, did you ever get successful in rubbing Quixstar shit on other desi(s) whose I-485s are pending with us?
c) Did you ever get f****ed up by your Up-line members?
d) If yes, please provide a notarized documentation on it otherwise you'll see an RFE from us.
e) Do you feel the urge to ask directions from innocent-looking-desi(s) in malls when your wife is accompanying you as well?
f) If yes, beware - she might be explaining the Pyramid Scheme in detail to your guy in your absence. (Some of our 485 applicants are really good, no matter how many detours they need to take in order to reach the top of a pyramid. You might be inviting The One into your life in Walmart Aisle # 17. And "your application" will remain pending forever from there on.)
Very soon, USCIS will issue an updated I-485 with added questions like:
a) Have you ever been involved with Quixstar or Amway?
b) If yes, did you ever get successful in rubbing Quixstar shit on other desi(s) whose I-485s are pending with us?
c) Did you ever get f****ed up by your Up-line members?
d) If yes, please provide a notarized documentation on it otherwise you'll see an RFE from us.
e) Do you feel the urge to ask directions from innocent-looking-desi(s) in malls when your wife is accompanying you as well?
f) If yes, beware - she might be explaining the Pyramid Scheme in detail to your guy in your absence. (Some of our 485 applicants are really good, no matter how many detours they need to take in order to reach the top of a pyramid. You might be inviting The One into your life in Walmart Aisle # 17. And "your application" will remain pending forever from there on.)
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Vishal2007
05-03 06:13 PM
Tamils are totally discriminated in our so called Home land, I support Prabhakaran to bring Elam that brings relief to Tamils in India, We denounced India long back,, 35 yrs back terrorist Bal Thackeray killed Tamils (for his cheap politics) in Mumbai, then Karnataka (they are incomparable with trash) . Just for every one to know, if you are Singhalese 40% is good for your start College, if not, you need 80% to continue for college.
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longq
02-13 02:59 PM
I don't think so. 7% limit has been there for a very long time. Unused visas from prior years for ac21 purposes were still subject to 7% in current year. The 7% rule was unchanged.
It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.
I am not saying 7% is not applicable for recaptured numbers. EB3-ROW was current while EB3-IN,Ch retrogressed in 2005.
Again 7% is not a quota or minimum or maximum. It is a guiding tool to avoid monopoly (not to prevent) for fist two months in a quarter and gave the remaining number to third month. It is not meant for reservation.
As you said Bangaldeshies can not raise flag they as have not consumed 7% quota. Therefore one can not argue that Bangladesh-EB3 should be "current".
At the end, first-come first served should prevails.
It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.
I am not saying 7% is not applicable for recaptured numbers. EB3-ROW was current while EB3-IN,Ch retrogressed in 2005.
Again 7% is not a quota or minimum or maximum. It is a guiding tool to avoid monopoly (not to prevent) for fist two months in a quarter and gave the remaining number to third month. It is not meant for reservation.
As you said Bangaldeshies can not raise flag they as have not consumed 7% quota. Therefore one can not argue that Bangladesh-EB3 should be "current".
At the end, first-come first served should prevails.
samay
07-28 04:32 PM
Hello,
I have filled I-140 in last week of March 2008. My priority date(the day I file labor) is 15-Sep-2007. My labor got approved.
My I-140 is under EB2 India.
Today I checked status of my I-140 on https://egov.uscis.gov/cris/caseStatusSearchDisplay.do
It says :
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD
On July 25, 2008, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your mailing address.
How much serious this is?? it says "REQUEST FOR INITIAL EVIDENCE SENT"
I am waiting for RFI/RFE details as USCIS mailed it on July, 25 2008.
Is there any difference between "REQUEST FOR INITIAL EVIDENCE SENT" and "REQUEST FOR EVIDENCE(ADDITIONAL)"?
Is this means that they are processing my case?? Once I will give response to this RFE & they find everything fine than they will approve it(Hopefully) !!!!!!!
I will really appreciate your response.
Please reply me ASAP.
Thanks.
Relax and send all the documents requested by the USCIS. They might ask you for additional documents later based on what they receive from you or may approve your case.
I have filled I-140 in last week of March 2008. My priority date(the day I file labor) is 15-Sep-2007. My labor got approved.
My I-140 is under EB2 India.
Today I checked status of my I-140 on https://egov.uscis.gov/cris/caseStatusSearchDisplay.do
It says :
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD
On July 25, 2008, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your mailing address.
How much serious this is?? it says "REQUEST FOR INITIAL EVIDENCE SENT"
I am waiting for RFI/RFE details as USCIS mailed it on July, 25 2008.
Is there any difference between "REQUEST FOR INITIAL EVIDENCE SENT" and "REQUEST FOR EVIDENCE(ADDITIONAL)"?
Is this means that they are processing my case?? Once I will give response to this RFE & they find everything fine than they will approve it(Hopefully) !!!!!!!
I will really appreciate your response.
Please reply me ASAP.
Thanks.
Relax and send all the documents requested by the USCIS. They might ask you for additional documents later based on what they receive from you or may approve your case.
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Blog Feeds
06-10 05:40 PM
Why should we punish people who play by the rules? Charles Oppenheim, Guru of the Visa Office in the State Department, has confirmed what we warned employment-based (EB) immigrants about in our June 2009 newsletter. Not only are EB-3 numbers unavailable for the rest of the fiscal year and EB-2 numbers for persons born in China and India oversubscribed, but the situation is going to get worse, much worse. Mr. Oppenheim states that the EB-1, EB-4 and EB-5 categories are all experiencing greatly increased demand, so much so that the EB-4 category (religious workers and special immigrants) may retrogress this...
More... (http://blogs.ilw.com/carlshusterman/2009/06/grim-outlook-for-eb-visa-numbers.html)
More... (http://blogs.ilw.com/carlshusterman/2009/06/grim-outlook-for-eb-visa-numbers.html)
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Rohan99
01-05 01:50 PM
^^^^^
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GoneSouth
07-11 12:45 PM
Every time I hear "Canadian taxes are so much higher", I respond back with "really ? how much are you paying a month for health insurance?". I suggest a typical breadwinner with spouse + 2 dependents is probably paying $500 / mo + in health insurance premiums. Add that $6K / yr to your US tax bill, then compare it to your Canadian tax bill. ;)
- GS
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cps060
03-20 03:17 PM
Hello Tito,
Could you explain what is the Returning Resident Permit ? Who can apply for that ? Also are you suggesting that once you have that document, even after one's PR card expires, one can enter CA al long as the Returning Resident Permit is valid ?
Also I asked this question even before .... Can a person whose PR is going to expire or going to be more than 3 years old .... can a fresh PR application be filed ?
Hi, I experienced similar situation. This is what I did:
Upon getting my PR and landing in Canada, I got job offer in the beautiful US. I kept visiting Canada every month, I kept bank account active there, I bought a car in Canada and transferred to the US (that was silly, don't do that) etc just in case I needed to prove certain ties to Canada and it would be transfer car to Canada again if I needed to go back.
Then 1 year passed. I retained my PR just fine. However, when entering Canada, the immigration officer advised that I was going to end up losing my Canadian PR if I start going back and forth. At that point I applied for the Returning Resident permit. I wen to Canadian embassy in Seattle. Lady who attended me was very rude and told me that working in the US was not a valid excuse to stay out of Canada for 2 years. Then I claimed that I wanted to go back to Canada to open business there with my US experience within 2 years. Lady finally said "you guys don't love Canada, you just love the US". From there she signed the Returning Resident Permanent residency paper for 2 years. Now, five years have passed and I guess my Canadian PR status is unknown. I guess I could just return if I wanted. Last week I went there to visit a friend (it was raining like crazy in Vancouver, BC) and I entered the country without any questions. Therefore if you manage to get in, I guess all my PR status would still be valid.
Could you explain what is the Returning Resident Permit ? Who can apply for that ? Also are you suggesting that once you have that document, even after one's PR card expires, one can enter CA al long as the Returning Resident Permit is valid ?
Also I asked this question even before .... Can a person whose PR is going to expire or going to be more than 3 years old .... can a fresh PR application be filed ?
Hi, I experienced similar situation. This is what I did:
Upon getting my PR and landing in Canada, I got job offer in the beautiful US. I kept visiting Canada every month, I kept bank account active there, I bought a car in Canada and transferred to the US (that was silly, don't do that) etc just in case I needed to prove certain ties to Canada and it would be transfer car to Canada again if I needed to go back.
Then 1 year passed. I retained my PR just fine. However, when entering Canada, the immigration officer advised that I was going to end up losing my Canadian PR if I start going back and forth. At that point I applied for the Returning Resident permit. I wen to Canadian embassy in Seattle. Lady who attended me was very rude and told me that working in the US was not a valid excuse to stay out of Canada for 2 years. Then I claimed that I wanted to go back to Canada to open business there with my US experience within 2 years. Lady finally said "you guys don't love Canada, you just love the US". From there she signed the Returning Resident Permanent residency paper for 2 years. Now, five years have passed and I guess my Canadian PR status is unknown. I guess I could just return if I wanted. Last week I went there to visit a friend (it was raining like crazy in Vancouver, BC) and I entered the country without any questions. Therefore if you manage to get in, I guess all my PR status would still be valid.
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diptam
12-17 03:59 PM
Is the new Obama Administration going to consider "Instant GC" if we buy a House ? I'm thinking about the huge inventory of vacant house and how many could be bought up by GC holders... Its probably a fraction - Isn't it ?
Thanks jungalee, for writing on this issue, that makes two of us. I think everything done by over 1000/2000 people together and every subject covered in letters from over 1000/2000 people makes it to the top. Most half educated (which is worst than illiterate) usually give priority to their petty differences and find reasons not to participate, which is why they remain "wise fools".
It will definately help to draw attention to our issues if more people in the community will participate.
.
Thanks jungalee, for writing on this issue, that makes two of us. I think everything done by over 1000/2000 people together and every subject covered in letters from over 1000/2000 people makes it to the top. Most half educated (which is worst than illiterate) usually give priority to their petty differences and find reasons not to participate, which is why they remain "wise fools".
It will definately help to draw attention to our issues if more people in the community will participate.
.
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vbkris77
05-29 11:14 AM
So when there is less demand, they screwed us by not processing on-time and when there is more demand, they are processing ROW fast to give them more visas, so there won't be any spill-over. What a convenient system????
Unless we understand that CIS/State is the reason for Visa wastage and not any specific country/group/EB1,EB2 etc.. We will not be able to fight united and till then we will not get this mess cleared.
Mr. Oppenheim explained that a trickling effect of unused visa numbers between EB categories has helped keep EB1 and EB2 categories current in prior years. However, due to the processing of a high number of applications, this trickling effect has already occurred, but is not expected to occur again in FY2009. Mr. Oppenheim attributed this to the hard work of the U.S. Citizenship and Immigration Services (USCIS), as well as that of the DOS, as they have succeeded in processing enough cases to likely use all available visa numbers from all categories for FY2009. He stated that the DOS and the USCIS are supposed to process enough cases to use the annual allotment of visa numbers and not leave any available visas unused and wasted in any fiscal year.
Unless we understand that CIS/State is the reason for Visa wastage and not any specific country/group/EB1,EB2 etc.. We will not be able to fight united and till then we will not get this mess cleared.
Mr. Oppenheim explained that a trickling effect of unused visa numbers between EB categories has helped keep EB1 and EB2 categories current in prior years. However, due to the processing of a high number of applications, this trickling effect has already occurred, but is not expected to occur again in FY2009. Mr. Oppenheim attributed this to the hard work of the U.S. Citizenship and Immigration Services (USCIS), as well as that of the DOS, as they have succeeded in processing enough cases to likely use all available visa numbers from all categories for FY2009. He stated that the DOS and the USCIS are supposed to process enough cases to use the annual allotment of visa numbers and not leave any available visas unused and wasted in any fiscal year.
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lazycis
02-12 10:33 PM
Educate yourself, check these out:
http://www.ailf.org/lac/asylee_adjustment.asp
http://www.uscis.gov/vgn-ext-templating/v/index.jsp?vgnextoid=1dc6aca797e63110VgnVCM10000047 18190aRCRD&vgnextchannel=1dc6aca797e63110VgnVCM1000004718190a RCRD
http://www.ailf.org/lac/asylee_adjustment.asp
http://www.uscis.gov/vgn-ext-templating/v/index.jsp?vgnextoid=1dc6aca797e63110VgnVCM10000047 18190aRCRD&vgnextchannel=1dc6aca797e63110VgnVCM1000004718190a RCRD
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samay
08-07 12:34 PM
Details:
*Company A has filled for my H1B Cancellation on June 20 but have visa stamped (valid till 2010).
* Company B has filed for my H1B Transfer.(Have upgraded to Premium processing)
* Have to enter canada on/before 4th Sept to validate canadian PR (will have to go to canada only for few days).
Q: Can I re-enter in the US from on a VISA(Valid till 2010) from company A + Approved I-797 from company B?
Your help will be appreciated!
Thanks
Neil
No you will have to get your visa stamped with the new approval from Company B before reentering the US.
*Company A has filled for my H1B Cancellation on June 20 but have visa stamped (valid till 2010).
* Company B has filed for my H1B Transfer.(Have upgraded to Premium processing)
* Have to enter canada on/before 4th Sept to validate canadian PR (will have to go to canada only for few days).
Q: Can I re-enter in the US from on a VISA(Valid till 2010) from company A + Approved I-797 from company B?
Your help will be appreciated!
Thanks
Neil
No you will have to get your visa stamped with the new approval from Company B before reentering the US.
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unitednations
02-18 09:59 PM
Aiming London shooting Tokyo that's what your reasoning looks like. There's no point in arguing\discussing based on such logic.
You are not a messenger, you are a opponent of 485 measure, I think there is a big and clear difference between both.
If 485 measure is not of much help, I wonder why all the poeple who have applied for 485 keep wasting there time and money renewing there EAD every year.
Please lay out why they should allow 485 filing that is in USA benefit and the employer who is sponsoring you benefit. Employment base is not a humanitarian base greencard.
I will list the reasons people use and then the arguments people would use against you and then you can counter it.
1) 485 filing will allow me to change my job or get promoted and I won't be tied to my employer
----it is employer base system. you are supposed to work with them permanently. nothing in the law stops you from changing employers. Just get them to file another h-1b for you; get the new employer or position to file another labor for you.
----but the new employer I have won't file greencard or h-1b/
----looks like they don't need a foreigner. if they did then they would do it for you wouldnt they?
----i want to go back to school.
----get an f-1
-----the uncertainty is killing me
-----lucky you are allowed to stay here and wait and work. others have to wait outside usa until their number is called. you can go back home and wait for your number to get called - like spouses of greencard holders; siblings of u.s. citizens; over 21 year old children of u.s. citizens.
-----I want to change to a totally new profession
-----You are getting a greencard because a specific employer needs you on a permanent basis don't they? Looks like you don't have intention to work permanently for them. Nothing is stopping another employer to file a greencard for you.
----but i can't work for them because the job won't qualify for h-1b and they won't wait five years for the quota to get current to employ me.
-----how come employers aren't lobbying for you? if they have to wait 5 years for you then why are we not hearing from them?
2) I want my spouse to work. they are underutilized.
---- Did you know that it is a non working visa? EB greencard is to control the number of workers coming into the workforce and to not flood the market
3) the intention of ac21 was to be free and clear of your employer after 180 days of filing.
-------no, not really; once your number comes up and it is in the quota and we don't adjudicate it within 180 days then you can change. We still need to control the workforce and determine how many people we want to let in.
=========================================
One thing everyone loses sight of is that EB greencard is not humanitarian greencard. It is specific to an employer. One way to look at it is that you are not underprivileged because you are allowed to stay here and work and wait whereas other immigrant wannabes do not have that luxury.
Now before people start raning; you need to figure out how it is in the country and employer benefit for you to get the greencard or file a 485. Your reasons cannot be against the nature and purpose of employment base greencard. If it is then it doesn't have much merit within the current law.
You are not a messenger, you are a opponent of 485 measure, I think there is a big and clear difference between both.
If 485 measure is not of much help, I wonder why all the poeple who have applied for 485 keep wasting there time and money renewing there EAD every year.
Please lay out why they should allow 485 filing that is in USA benefit and the employer who is sponsoring you benefit. Employment base is not a humanitarian base greencard.
I will list the reasons people use and then the arguments people would use against you and then you can counter it.
1) 485 filing will allow me to change my job or get promoted and I won't be tied to my employer
----it is employer base system. you are supposed to work with them permanently. nothing in the law stops you from changing employers. Just get them to file another h-1b for you; get the new employer or position to file another labor for you.
----but the new employer I have won't file greencard or h-1b/
----looks like they don't need a foreigner. if they did then they would do it for you wouldnt they?
----i want to go back to school.
----get an f-1
-----the uncertainty is killing me
-----lucky you are allowed to stay here and wait and work. others have to wait outside usa until their number is called. you can go back home and wait for your number to get called - like spouses of greencard holders; siblings of u.s. citizens; over 21 year old children of u.s. citizens.
-----I want to change to a totally new profession
-----You are getting a greencard because a specific employer needs you on a permanent basis don't they? Looks like you don't have intention to work permanently for them. Nothing is stopping another employer to file a greencard for you.
----but i can't work for them because the job won't qualify for h-1b and they won't wait five years for the quota to get current to employ me.
-----how come employers aren't lobbying for you? if they have to wait 5 years for you then why are we not hearing from them?
2) I want my spouse to work. they are underutilized.
---- Did you know that it is a non working visa? EB greencard is to control the number of workers coming into the workforce and to not flood the market
3) the intention of ac21 was to be free and clear of your employer after 180 days of filing.
-------no, not really; once your number comes up and it is in the quota and we don't adjudicate it within 180 days then you can change. We still need to control the workforce and determine how many people we want to let in.
=========================================
One thing everyone loses sight of is that EB greencard is not humanitarian greencard. It is specific to an employer. One way to look at it is that you are not underprivileged because you are allowed to stay here and work and wait whereas other immigrant wannabes do not have that luxury.
Now before people start raning; you need to figure out how it is in the country and employer benefit for you to get the greencard or file a 485. Your reasons cannot be against the nature and purpose of employment base greencard. If it is then it doesn't have much merit within the current law.
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walking_dude
02-13 01:26 PM
I request you to rise above your tunnel vision of viewing people as Indians, Chinese and ROW. Start thinking about people as individuals. Then you'll see the light.
By stating that through EB immigration one country is monopolizing the 'agenda' (what freaking agenda?), you are just regurgitating the spittle thrown by racist organizations like NumbersUSA and StormFront. I don't see any difference between your view and theirs. You both consider us "an invasion"! They are more upfront. You do it in a more subtle way.
I was responding to threats we keep receiving on the forum that somehow removing the country will split the movement. Wanted to give some delusioned members a reality check.
Finally you hit the nail on its head. That’s why the per country limit is there so no one country with larger population can monopolize any agenda the way you are trying to do with IV.
By stating that through EB immigration one country is monopolizing the 'agenda' (what freaking agenda?), you are just regurgitating the spittle thrown by racist organizations like NumbersUSA and StormFront. I don't see any difference between your view and theirs. You both consider us "an invasion"! They are more upfront. You do it in a more subtle way.
I was responding to threats we keep receiving on the forum that somehow removing the country will split the movement. Wanted to give some delusioned members a reality check.
Finally you hit the nail on its head. That’s why the per country limit is there so no one country with larger population can monopolize any agenda the way you are trying to do with IV.
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chanduv23
08-17 01:17 PM
I cannot believe there are 9 pages (and counting) worth of sentiments, because some lame talentless guy was subject to security checks at an International Airport. I'm someone who was born India, but never lived there - however I'd think there are incredibly talented Indians here in America and worldwide compared to someone who's used to blatant exploitation / sell out of Indian culture. The guy is a disgrace. And some of you, please stop rolling over to play the 'victim' in any given post.
You do not need to 'stand-up' for Shahruk Khan. Stand up for yourself, for every - everyday Indian Joe & Jane who've travelled from their hometowns to make a living and for a future. Stand up for the hero in you - not clownish make believe bollywood heroes.
Why do you think he is talentless? Just because he is not an ivy league or not a doctor? He is extremely talented. Belive me - getting into bollywood and becoming so big without any support is not easy. Most people in Bollywood are either offsprings of stars and they have strong support. SRK grew popular all over the world, not through any support but by himself. So he is definitely a star.
Do not disqualify such people. they have amazing capabilities, people listen to what they say. Look at all the good roles he has done in movies like Swades - though the credit goes to the director he is a "face" which people accept.
If we were a smart thinking group, we will utilize such publicity to better our cause. Instead we kept bashing everything around is claiming we "deserve" good things but we do not get it so we live with it and whats so special about him.
You do not need to 'stand-up' for Shahruk Khan. Stand up for yourself, for every - everyday Indian Joe & Jane who've travelled from their hometowns to make a living and for a future. Stand up for the hero in you - not clownish make believe bollywood heroes.
Why do you think he is talentless? Just because he is not an ivy league or not a doctor? He is extremely talented. Belive me - getting into bollywood and becoming so big without any support is not easy. Most people in Bollywood are either offsprings of stars and they have strong support. SRK grew popular all over the world, not through any support but by himself. So he is definitely a star.
Do not disqualify such people. they have amazing capabilities, people listen to what they say. Look at all the good roles he has done in movies like Swades - though the credit goes to the director he is a "face" which people accept.
If we were a smart thinking group, we will utilize such publicity to better our cause. Instead we kept bashing everything around is claiming we "deserve" good things but we do not get it so we live with it and whats so special about him.
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ajaypr
06-24 01:55 PM
..I am waiting for the punch line. What's the point of this? We all know it...
Well this is just another source or confirmation that EB-1 and EB-2 India is going to become unavailable in the coming months or year.
"In addition, the DOS has indicated that the EB-1 category for individuals born in India or China may backlog or retrogress later this summer, and may do so again in the coming fiscal year. Predictably, prognostications for the EB-2 category for India and China are also quite grim - in the next month or two, the EB-2 category could become unavailable. In particular, USCIS has indicated that it has about 25,000 EB-2 India cases and "significant numbers" of cases for Chinese nationals that have been reviewed and are simply awaiting visa number availability. This category has a typical fiscal-year limit of 2,800, plus any remaining numbers from the EB-1, EB-4 and EB-5 categories."
Well this is just another source or confirmation that EB-1 and EB-2 India is going to become unavailable in the coming months or year.
"In addition, the DOS has indicated that the EB-1 category for individuals born in India or China may backlog or retrogress later this summer, and may do so again in the coming fiscal year. Predictably, prognostications for the EB-2 category for India and China are also quite grim - in the next month or two, the EB-2 category could become unavailable. In particular, USCIS has indicated that it has about 25,000 EB-2 India cases and "significant numbers" of cases for Chinese nationals that have been reviewed and are simply awaiting visa number availability. This category has a typical fiscal-year limit of 2,800, plus any remaining numbers from the EB-1, EB-4 and EB-5 categories."
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shukla77
05-29 03:05 PM
Can not agree more.
We get engaged in all kinds of discussions EB1 Vs EB2, EB-I Vs EB ROW. bulletin predictions...But we all skilled immigrants can not figure out how to unite and resolve the big issue of backlog. When one person suggests any initiative( flower campaign, call campaign, letter campaign etc.) more 20 people hammer him or her and spend their full energy in proving how suggested idea will not work. Next time the guy does not even think about suggesting anything. On top of that some will come up with their line" Have you contributed, If not then do that first".Our lack of unity will keep us here for a long time to come. In coming months and years, some people will lose interest, stop visiting this site and move on. Others will come to see if there is any POSITIVE news and some will still keep fighting over the issues of EB1 vs EB2 vs India vs China Vs ROW.
Good Luck
to the others who are bitching and moaning about EB1's, a few months back we were worried about the EB3 converting to EB2..before that we were worried that EB3's were getting more visas than EB2's and so on.....we will keep fighting about the handfull of misallocated visas or work towards recapture.
We get engaged in all kinds of discussions EB1 Vs EB2, EB-I Vs EB ROW. bulletin predictions...But we all skilled immigrants can not figure out how to unite and resolve the big issue of backlog. When one person suggests any initiative( flower campaign, call campaign, letter campaign etc.) more 20 people hammer him or her and spend their full energy in proving how suggested idea will not work. Next time the guy does not even think about suggesting anything. On top of that some will come up with their line" Have you contributed, If not then do that first".Our lack of unity will keep us here for a long time to come. In coming months and years, some people will lose interest, stop visiting this site and move on. Others will come to see if there is any POSITIVE news and some will still keep fighting over the issues of EB1 vs EB2 vs India vs China Vs ROW.
Good Luck
to the others who are bitching and moaning about EB1's, a few months back we were worried about the EB3 converting to EB2..before that we were worried that EB3's were getting more visas than EB2's and so on.....we will keep fighting about the handfull of misallocated visas or work towards recapture.
gapala
02-13 11:11 AM
Lets see how a common member look at so called "GC Dream" and try to understand why there is no unity.
Is it what is called "Inspiration" which is missing? I guess so. Can we call it "Motivation"?
What else can we call that "thing" which stops us from uniting for a cause? "So far I am just "Encouraged" thats all, not inspired". Is this what it is? I do believe there is a huge difference in these 2 words.
Everyone in this community are Brave and Courageous.
Note: Do not jump on me asking What am I doing on all this. :) I think we just have to realize this to get a bigger perspective.
Well -
AMAN KAPOOR, JAY PRADHAN, HIMANSHU and everyone who are on the forefront are JUST ORDINARY COMMON PEOPLE LIKE EVERYONE HERE. the idea behind IV is to provide a support network. If people want to see success - they HAVE to be a part of it. The efforts of such organizations is not to make profits and then sell shares and perform well and then make people join it, it is to provide with a platform where people can help themselves.
This is truely heroic
Our primary issue is in our thought process. We want to do everything, we want everything in the world BUT we do not want to stand up and rise in unity. Not necessarly true in everyone's case. several people do not care about green card. Their approach is to stay here as long as they can (or They are allowed so to say) and if the situation gets violent or unbearable. They plan to choose the best option to move back to home country and take advantage of what ever is the exchange rate.
We want to blame IV leaders saying they are rude and pushy. We come up with discussion threads saying we must do this we must do that and finally we see these discussions just getting buried. Again Not everyone does that
Good examples of how communities thrive anywhere in the world are the Jewish community and the Patel community. The only reason they have succeeded is because they believe in themselves and their cause - they are all over the world and are united, they have managed to make their lives easier by uniting for their causes. There is no question that unity is the key but not easy as the individual goals are different. Unity is not constant..people unite based on the issue and its effect on them. Once the issue for which they united is resolved or becomes one of less importance" they will choose to stay away. There are several examples in the history even revolutions and freedom strugles. Unity pervails until the comfort zone then it takes its direction.
Look at us - if green card is delayed - we say - I dont care about it, India is rising - but are we going there? No way - no one who says "India is rising" will go - in fat they will be the first to apply for any immigration benefit. Again this does not apply to everyone. Some may apply for immi benefit but nothing wrong in that and they take that concious decision on the situation that odds of getting GC in this life is near 0.
Why are we individually so highly skilled and intelligent and capable but collectively so naive? As important this issue is for you, is not as important to atlease some of the members in the community. But still they will do what ever they can for the community with out any "inconveniene". That does not make then in admisible in this community. Does it? If yes, then thats the number 1 block to cross towards unity
Why do we always want others to do it for us? is it because if there is any opposition the active ones will be affected and we can escape? is it cowardice that stops us from being united? Not necessarly. No one wants others to do anything for them. (Not the people who start new thread with action items for others and pop under the hood). I believe majority of the people are brave enough to take courageous actions when issues are important for them.
I do admire the leaders in this community. We feel its cowardice because the importance with which the people who take lead on the issue expects others to take the issue at same level of importance. In order to be able to unite people on issues we will have to atleast "Convince" them that this is as important for them. I would suggest a poll to see how many are very serious about GC? Must to have, Nice to have, do not care. I am sure majority will be later 2 categories.
What is success? How can we achieve success? The word success is "relative". Success for one may not be a success for other."
Why are we finding excuses for not doing our part? "The reality is people do not think this is as important as going to work tomorrow".
Why do we always want to praise others but not do something? "No Inspiration". Inspire them and see they will turn the mountian around.
Is it what is called "Inspiration" which is missing? I guess so. Can we call it "Motivation"?
What else can we call that "thing" which stops us from uniting for a cause? "So far I am just "Encouraged" thats all, not inspired". Is this what it is? I do believe there is a huge difference in these 2 words.
Everyone in this community are Brave and Courageous.
Note: Do not jump on me asking What am I doing on all this. :) I think we just have to realize this to get a bigger perspective.
Well -
AMAN KAPOOR, JAY PRADHAN, HIMANSHU and everyone who are on the forefront are JUST ORDINARY COMMON PEOPLE LIKE EVERYONE HERE. the idea behind IV is to provide a support network. If people want to see success - they HAVE to be a part of it. The efforts of such organizations is not to make profits and then sell shares and perform well and then make people join it, it is to provide with a platform where people can help themselves.
This is truely heroic
Our primary issue is in our thought process. We want to do everything, we want everything in the world BUT we do not want to stand up and rise in unity. Not necessarly true in everyone's case. several people do not care about green card. Their approach is to stay here as long as they can (or They are allowed so to say) and if the situation gets violent or unbearable. They plan to choose the best option to move back to home country and take advantage of what ever is the exchange rate.
We want to blame IV leaders saying they are rude and pushy. We come up with discussion threads saying we must do this we must do that and finally we see these discussions just getting buried. Again Not everyone does that
Good examples of how communities thrive anywhere in the world are the Jewish community and the Patel community. The only reason they have succeeded is because they believe in themselves and their cause - they are all over the world and are united, they have managed to make their lives easier by uniting for their causes. There is no question that unity is the key but not easy as the individual goals are different. Unity is not constant..people unite based on the issue and its effect on them. Once the issue for which they united is resolved or becomes one of less importance" they will choose to stay away. There are several examples in the history even revolutions and freedom strugles. Unity pervails until the comfort zone then it takes its direction.
Look at us - if green card is delayed - we say - I dont care about it, India is rising - but are we going there? No way - no one who says "India is rising" will go - in fat they will be the first to apply for any immigration benefit. Again this does not apply to everyone. Some may apply for immi benefit but nothing wrong in that and they take that concious decision on the situation that odds of getting GC in this life is near 0.
Why are we individually so highly skilled and intelligent and capable but collectively so naive? As important this issue is for you, is not as important to atlease some of the members in the community. But still they will do what ever they can for the community with out any "inconveniene". That does not make then in admisible in this community. Does it? If yes, then thats the number 1 block to cross towards unity
Why do we always want others to do it for us? is it because if there is any opposition the active ones will be affected and we can escape? is it cowardice that stops us from being united? Not necessarly. No one wants others to do anything for them. (Not the people who start new thread with action items for others and pop under the hood). I believe majority of the people are brave enough to take courageous actions when issues are important for them.
I do admire the leaders in this community. We feel its cowardice because the importance with which the people who take lead on the issue expects others to take the issue at same level of importance. In order to be able to unite people on issues we will have to atleast "Convince" them that this is as important for them. I would suggest a poll to see how many are very serious about GC? Must to have, Nice to have, do not care. I am sure majority will be later 2 categories.
What is success? How can we achieve success? The word success is "relative". Success for one may not be a success for other."
Why are we finding excuses for not doing our part? "The reality is people do not think this is as important as going to work tomorrow".
Why do we always want to praise others but not do something? "No Inspiration". Inspire them and see they will turn the mountian around.
Macaca
07-04 08:23 AM
U.S. Withdraws Offer of 60,000 Job-Based Visas, Angering Immigration Lawyers By JULIA PRESTON (http://www.nytimes.com/gst/emailus.html) New York Times, July 4, 2007
Immigration lawyers raised unusually irate protests yesterday after the State Department and the immigration service abruptly withdrew tens of thousands of job-based visas they had offered last month to foreign professionals hoping to become permanent residents in the United States.
The outcry was provoked by a terse announcement on Monday in which the State Department said it would not grant any more visas for the 2007 fiscal year to foreigners applying to become permanent residents based on their job skills. That notice reversed one the department had issued on June 13 announcing a two-month window starting July 2 for aspiring, high-skilled immigrants from around the world to present applications for visas known as green cards.
The State Department said the 60,000 visas it had expected to offer would no longer be available because of “sudden backlog reduction efforts” by Citizenship and Immigration Services, the federal agency that processes applications for the visas offered by the department.
In a statement yesterday, the American Immigration Lawyers Association accused the two agencies of perpetrating a “hoax” and a “bait and switch” against hopeful legal immigrants who played by the book.
“Here people followed the rules and did everything right, yet without warning or explanation the door was slammed in their faces,” said Kathleen Campbell Walker, the president of the association.
To apply, immigrants must undergo medical examinations and assemble documents to prove their job skills and show that a United States employer has sponsored them. Foreigners must be in the United States when they present their applications, which are processed on a first-come, first-served basis.
Because of backlogs for employment-based visas, foreigners have had to wait many years just to be allowed to file their applications.
Thousands of medical and technology professionals, including many working here on temporary visas, scrambled for weeks to get their documents together, in some cases canceling travel plans, in order to file their applications on Monday, the first day of the window. The State Department and the immigration agency closed the window without accepting a single application.
“I am concerned that such action may violate the law and could threaten the integrity of our immigration system,” Representative Zoe Lofgren, Democrat of California who is chairwoman of the House Judiciary subcommittee on immigration, wrote in letters yesterday to Michael Chertoff, the secretary of homeland security, and Condoleezza Rice, the secretary of state. Ms. Lofgren warned that the federal government could face costly litigation because of its change of course.
The State Department said it would begin accepting applications on Oct. 1 for 2008 visas. On July 30, the immigration agency will raise its processing fees by an average of 66 percent.
Immigration lawyers raised unusually irate protests yesterday after the State Department and the immigration service abruptly withdrew tens of thousands of job-based visas they had offered last month to foreign professionals hoping to become permanent residents in the United States.
The outcry was provoked by a terse announcement on Monday in which the State Department said it would not grant any more visas for the 2007 fiscal year to foreigners applying to become permanent residents based on their job skills. That notice reversed one the department had issued on June 13 announcing a two-month window starting July 2 for aspiring, high-skilled immigrants from around the world to present applications for visas known as green cards.
The State Department said the 60,000 visas it had expected to offer would no longer be available because of “sudden backlog reduction efforts” by Citizenship and Immigration Services, the federal agency that processes applications for the visas offered by the department.
In a statement yesterday, the American Immigration Lawyers Association accused the two agencies of perpetrating a “hoax” and a “bait and switch” against hopeful legal immigrants who played by the book.
“Here people followed the rules and did everything right, yet without warning or explanation the door was slammed in their faces,” said Kathleen Campbell Walker, the president of the association.
To apply, immigrants must undergo medical examinations and assemble documents to prove their job skills and show that a United States employer has sponsored them. Foreigners must be in the United States when they present their applications, which are processed on a first-come, first-served basis.
Because of backlogs for employment-based visas, foreigners have had to wait many years just to be allowed to file their applications.
Thousands of medical and technology professionals, including many working here on temporary visas, scrambled for weeks to get their documents together, in some cases canceling travel plans, in order to file their applications on Monday, the first day of the window. The State Department and the immigration agency closed the window without accepting a single application.
“I am concerned that such action may violate the law and could threaten the integrity of our immigration system,” Representative Zoe Lofgren, Democrat of California who is chairwoman of the House Judiciary subcommittee on immigration, wrote in letters yesterday to Michael Chertoff, the secretary of homeland security, and Condoleezza Rice, the secretary of state. Ms. Lofgren warned that the federal government could face costly litigation because of its change of course.
The State Department said it would begin accepting applications on Oct. 1 for 2008 visas. On July 30, the immigration agency will raise its processing fees by an average of 66 percent.
