jsb
06-03 03:29 PM
Where does one contribute to said lawsuit? If someone is willing to lead the effort, I'm willing to contribute a little money.
On July 17, 2007, when USCIS retracted cancellation of July '07 bulletin, as per link below:
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
They said, ..."Department of State has advised that Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining employment visa number availability..."
Thus, a lot of us sent I-485 based on "visa availability" communicated herein. Can't lawyers now force USCIS to adjudicate all pending I-485 filings based on this. USCIS said in July, 2007 that visa is available for us (and on that basis we sent in our I-485's), where did it go away? Isn't it now their problem to somehow find those supposedly available visas advised in July 2, '07 bulletin?
On July 17, 2007, when USCIS retracted cancellation of July '07 bulletin, as per link below:
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
They said, ..."Department of State has advised that Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining employment visa number availability..."
Thus, a lot of us sent I-485 based on "visa availability" communicated herein. Can't lawyers now force USCIS to adjudicate all pending I-485 filings based on this. USCIS said in July, 2007 that visa is available for us (and on that basis we sent in our I-485's), where did it go away? Isn't it now their problem to somehow find those supposedly available visas advised in July 2, '07 bulletin?
wallpaper software, invoice template
sunny1000
12-13 05:30 PM
Note that it would certainly not benefit the other 60%+ from countries other than India that are also stuck in various steps (EB3, name check). So, unless you want IV to stand for IndiaVoice, you should concentrate your admirable effort on increasing the overall quota (with increased per-country quota), excluding dependents, etc.
Well said!
Well said!
Dyana
02-15 11:25 AM
Dyana,
I would suggest using your own checks for I-485. This way, once USCIS will cash your checks, and if you have online banking - you will see the receipt numbers on the back of the checks. This way you will be able to see your application status right away. It was very critical (at least for me) during June/July tsunami of applications, as I received the actual receipt pretty late.
Also, don't count on that EAD, it will be safe to invoke AC21 only after 180 days and having approved I-140. You have good chance to have your AOS adjudicated. In this case you will have to stay with your current employer for at least another 6 months. If you will leave before 180 days and your GC will be approved, then AC21 will not apply and your GC will be revoked.
I also learned a lot on IV :)
Bestia,
First thanks 4 your advice. We'll send 2 separate cheques, one 4 me and one 4 my husband.Is this what U meant when suggesting 2 send "my own cheque"?
Why do U say I have good chance to have my AOS adjudecated? I really needed to hear that. Can U be more specific? Any idea/guess how long could it take to get GC?
About EAD. I 'm on H4, not working yet, that's why I am eager to get EAD. Do U think that there is no chance to get it within the 90 days? My husband is on H1B an he has I40 already approved. He won't leave his job that's for sure.
What "IV" stands for? Where can I found more about it?
I would suggest using your own checks for I-485. This way, once USCIS will cash your checks, and if you have online banking - you will see the receipt numbers on the back of the checks. This way you will be able to see your application status right away. It was very critical (at least for me) during June/July tsunami of applications, as I received the actual receipt pretty late.
Also, don't count on that EAD, it will be safe to invoke AC21 only after 180 days and having approved I-140. You have good chance to have your AOS adjudicated. In this case you will have to stay with your current employer for at least another 6 months. If you will leave before 180 days and your GC will be approved, then AC21 will not apply and your GC will be revoked.
I also learned a lot on IV :)
Bestia,
First thanks 4 your advice. We'll send 2 separate cheques, one 4 me and one 4 my husband.Is this what U meant when suggesting 2 send "my own cheque"?
Why do U say I have good chance to have my AOS adjudecated? I really needed to hear that. Can U be more specific? Any idea/guess how long could it take to get GC?
About EAD. I 'm on H4, not working yet, that's why I am eager to get EAD. Do U think that there is no chance to get it within the 90 days? My husband is on H1B an he has I40 already approved. He won't leave his job that's for sure.
What "IV" stands for? Where can I found more about it?
2011 desktop invoice freelance
glus
03-17 10:24 AM
Subst_labor, you became an annonymous member today only to post this question. I am sure you must be a regular member of IV but created a new profile just for this question.
Why don't you tell us how much you bought your labor for? Show us a proof that you have not bought it.
I think I made a mistake of answering your post and apologize for that to all members. I also urge people not to answer anyone with substitute labor on this forum.
such people cut in line in front of us and don't even bother paying money to IV. Why should we give them free advice. If they can spend money buying labor for 20K they can spend hundred dollars and consult a lawyer and ask their question. It is with such mentaility they are brought up with in their country- Currption and getting things done with money. But never paying anyone for a just cause. In my country people contribute only when they fear god in temples, for medical treatment or to astrologers!!
I also urge moderators to close such threads on this forum whenever someone is diagnosed with a substitute labor cancer. Yes it is a cancer that is worsening retrogression further.
At least on this forum we can have the resolve to fight such people who are hurting most of us.
Now if someone argues with me on this post, then it will mean that either that person has himself bought a substitute labor or is looking for one. So don't even bother because a lot of members after reading this post will come hard on people who are ok with substitute labor on this forum.
janakp,
I do not get it what's your problem someone is asking for advise with his/hers labor subs. As far as I can see it you should not ask personal questions such as "tell us how much you paid" etc. I don't think it is your business. A person asked for advise, so if you can help him, why don't you do it? Labor Substitution is still LEGAL and your assumption that everyone buys labor does not necessarily must be true. Think about it.
Why don't you tell us how much you bought your labor for? Show us a proof that you have not bought it.
I think I made a mistake of answering your post and apologize for that to all members. I also urge people not to answer anyone with substitute labor on this forum.
such people cut in line in front of us and don't even bother paying money to IV. Why should we give them free advice. If they can spend money buying labor for 20K they can spend hundred dollars and consult a lawyer and ask their question. It is with such mentaility they are brought up with in their country- Currption and getting things done with money. But never paying anyone for a just cause. In my country people contribute only when they fear god in temples, for medical treatment or to astrologers!!
I also urge moderators to close such threads on this forum whenever someone is diagnosed with a substitute labor cancer. Yes it is a cancer that is worsening retrogression further.
At least on this forum we can have the resolve to fight such people who are hurting most of us.
Now if someone argues with me on this post, then it will mean that either that person has himself bought a substitute labor or is looking for one. So don't even bother because a lot of members after reading this post will come hard on people who are ok with substitute labor on this forum.
janakp,
I do not get it what's your problem someone is asking for advise with his/hers labor subs. As far as I can see it you should not ask personal questions such as "tell us how much you paid" etc. I don't think it is your business. A person asked for advise, so if you can help him, why don't you do it? Labor Substitution is still LEGAL and your assumption that everyone buys labor does not necessarily must be true. Think about it.
more...
rajsenthil
05-02 05:49 PM
Every body knows what happend to kannadigs in chennai, and riots on kannada businesses.
If you want tell me I will give you the THE HINDU ( Chennai Edition) news paper dates so that you can refer to facts.
What ever the drama is being played in Srilanka by aravas if they are going to play those tactics in USA .... immidiately will be kicked out:p
Come on guys.. I can't believe that I am seeing such a support to language terrorists.
Oh, now I understand why you dont make any sense. :cool:
If you want tell me I will give you the THE HINDU ( Chennai Edition) news paper dates so that you can refer to facts.
What ever the drama is being played in Srilanka by aravas if they are going to play those tactics in USA .... immidiately will be kicked out:p
Come on guys.. I can't believe that I am seeing such a support to language terrorists.
Oh, now I understand why you dont make any sense. :cool:
unseenguy
06-11 06:20 PM
To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.
Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.
In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.
In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.
With this kind of attitude, I wonder what fresh ideas or "bright" ideas you bring to the table and how qualified you are to say this. Enjoy your LUCK and thats it. You are no more qualified.
Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.
In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.
In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.
With this kind of attitude, I wonder what fresh ideas or "bright" ideas you bring to the table and how qualified you are to say this. Enjoy your LUCK and thats it. You are no more qualified.
more...
go_guy123
01-22 02:21 PM
I pity people who have coming to USA is foremost objective. In my case, i came to USA 7 years ago. Atleast i earned few bucks. But people who are dreaming about USA and taking education loans with the intention to payoff once they land in USA. It also includes people coming here on F1 with intention to work here. I feel really sorry!!!
Yes very correct. I still don't get the reason for people's obsession of doing MS/MBA in US.
It makes no sense any more. 10-15 years ago it made sense. I have have been telling people to look outside US for MBA (practiced it myself for my MBA though I did my MS in US)
Yes very correct. I still don't get the reason for people's obsession of doing MS/MBA in US.
It makes no sense any more. 10-15 years ago it made sense. I have have been telling people to look outside US for MBA (practiced it myself for my MBA though I did my MS in US)
2010 Invoice software for freelancers. 1. Call a quot;Freelancerquot; a freelancer
Keeme
05-01 03:30 PM
When did Srilankan Tamilians become Indian citizens??? also India should make sure that terrorists organisation like LTTE is wiped out from the face of earth weather its in Srilanka, Afganistan or Pakistan... gone are the days when these thugs where called 'freedom fighters' .. they are a terrorist organisation and should be treated in that manner.
Its in today TOI that Congress/UPA govt. has raised a concern to their PAK counterparts about safely of some 35 Sikh families living in a small village which falls in Taliban's territory.
Why not a single statement by UPA Govt. / MPS/ any high ranking diplomats for Srinlankan's Tamil ? Are they affraid of Congress leadership or what ?
I don't know for what cause LTTE is fighting for and see them as same other terrorist organization in name of freedom. Its LTTE and their leaders who should be punished and brought to justice for killing of Rajeev Gandhi, not the whole community.
Don't be too confident that you may never be in the situation like them. Who knows tomorrow ? History tells us that you would be never safe on foreign soil ! If its not you, it would be your next generation who might seek support from your home country
My post is to just show double standard played by UPA govt.
Its in today TOI that Congress/UPA govt. has raised a concern to their PAK counterparts about safely of some 35 Sikh families living in a small village which falls in Taliban's territory.
Why not a single statement by UPA Govt. / MPS/ any high ranking diplomats for Srinlankan's Tamil ? Are they affraid of Congress leadership or what ?
I don't know for what cause LTTE is fighting for and see them as same other terrorist organization in name of freedom. Its LTTE and their leaders who should be punished and brought to justice for killing of Rajeev Gandhi, not the whole community.
Don't be too confident that you may never be in the situation like them. Who knows tomorrow ? History tells us that you would be never safe on foreign soil ! If its not you, it would be your next generation who might seek support from your home country
My post is to just show double standard played by UPA govt.
more...
gopalkrishan
08-03 03:17 PM
Hi All,
First of all .. I am not an IBO or anything, but after being approached many a times, I decided to look up what the hell it was .. Attended a couple of their business meetings, researched and found out that upline groups like BWW had subverted the original business model..
Amway business model is that 1) you sell products to others you get the difference between the IBO price you get and the price you sell the product at... 2) Based on total volume you get a specific share.
In above model the share you get from volume is not major unless you have a lot of People under you. The main money comes from retailing the product.
BWW model: The uplines put a lot of pressure not only on getting the folks in, but stress the importance of books/cds, motivational products. They want you to have standing(recurring) order for books/cds and want you to pressure people under you to do that too .. The bulk "profit" comes from these. Amway has nothing to do with these books/cds. Amway has nothing to do with the seminars or business meetings, but your uplines push you to attend "as many meetings as possible" because profits from these also go to them .. Based on the consumption and volume of these additional items under you, a share of these profits may trickle down ..
When Uplines talk about making money they don't tell you that you are expected to do more than Amway model .. With Amway model, if you simply retail the products (NOT RECRUIT) then that should be enough (difference between IBO and retail price is YOURS).. People do buy stuff; couple of my friends have a repeat order with an Amway guy, for some vitamins sold through amway.. Anyways, Uplines force people to recruit so they have more people to target their motivational products to.
The red flag for me was (i may have misunderstood) .. The checks don't come directly to you .. Comes to top chain, they take their share and write out checks for lower down the line and so on and so forth (PLEASE CORRECT ME IF I AM WRONG)..
Anyways .. Amway for me is a subverted business by corrupt people.. Big Lies and false promises :)
Cheers
First of all .. I am not an IBO or anything, but after being approached many a times, I decided to look up what the hell it was .. Attended a couple of their business meetings, researched and found out that upline groups like BWW had subverted the original business model..
Amway business model is that 1) you sell products to others you get the difference between the IBO price you get and the price you sell the product at... 2) Based on total volume you get a specific share.
In above model the share you get from volume is not major unless you have a lot of People under you. The main money comes from retailing the product.
BWW model: The uplines put a lot of pressure not only on getting the folks in, but stress the importance of books/cds, motivational products. They want you to have standing(recurring) order for books/cds and want you to pressure people under you to do that too .. The bulk "profit" comes from these. Amway has nothing to do with these books/cds. Amway has nothing to do with the seminars or business meetings, but your uplines push you to attend "as many meetings as possible" because profits from these also go to them .. Based on the consumption and volume of these additional items under you, a share of these profits may trickle down ..
When Uplines talk about making money they don't tell you that you are expected to do more than Amway model .. With Amway model, if you simply retail the products (NOT RECRUIT) then that should be enough (difference between IBO and retail price is YOURS).. People do buy stuff; couple of my friends have a repeat order with an Amway guy, for some vitamins sold through amway.. Anyways, Uplines force people to recruit so they have more people to target their motivational products to.
The red flag for me was (i may have misunderstood) .. The checks don't come directly to you .. Comes to top chain, they take their share and write out checks for lower down the line and so on and so forth (PLEASE CORRECT ME IF I AM WRONG)..
Anyways .. Amway for me is a subverted business by corrupt people.. Big Lies and false promises :)
Cheers
hair online invoice Top Invoice
Michael chertoff
01-14 08:30 AM
What about people who are on there EAD? who dont have H1B anymore? any comments?
Please shere some infoormatin about this too. there are so many people like that, including me.
Thanks
MC
Please shere some infoormatin about this too. there are so many people like that, including me.
Thanks
MC
more...
El_Guapo
01-14 01:59 PM
LOL.....I see where this is headed. We will all post on these threads and whine and complain, just like we do with the visa bulletin. And then in about a week's time, it will all die and no one will bother about this memo. We will "accept" whatever is offered to us. But I am sure within the next week, you can see 10 different threads with people talking about stuff such as "Gandhigiri", "Flower" campaign, "Hunger Strike", "Lawsuit", "Email Campaign", "Letter Campaign", "Phone Campaign", etc.....Don't worry, nothing will materialize and all these will die down. We as Immigrants have learned to accept everything and never fight back :)
hot The given tax invoice template
ujjwal_p
10-15 05:38 PM
If spillover works, logic is simple. Pending applications ~290K. Quot available ~140k
So, in just two years, every category should be current. Lets not scratch our heads.
Please work out the data versus pending/quota/spillover. Do VISA DATES ENGINEERING. And figure out the visa dates process/workflow and put in front of DOS/USCIS to adopt. Or lobby to adopt. or rally to adopt.
Otherwise our math will always be different from DOS/USCIS math on visa dates ;)
Easy boss. It aint that simple. You think nobody's going to be awarded gc's in the next year from EB1 and EB2 ROW? Wow. You not only need spillover but also need really low demand from EB1 and EB2 ROW through next Oct. If economy start picking up we'll be piling up on the backlog again and back to twiddling our thumbs waiting for visa bulletin every month. The only way this can be solved is through more visas or through visa recapture. If either of them doesn't happen, we are pretty much guaranteed not seeing "current" for a good 5-10 years, assuming the economy starts recovering and adding more jobs which seems like it has slowly begun. Not that simple.
So, in just two years, every category should be current. Lets not scratch our heads.
Please work out the data versus pending/quota/spillover. Do VISA DATES ENGINEERING. And figure out the visa dates process/workflow and put in front of DOS/USCIS to adopt. Or lobby to adopt. or rally to adopt.
Otherwise our math will always be different from DOS/USCIS math on visa dates ;)
Easy boss. It aint that simple. You think nobody's going to be awarded gc's in the next year from EB1 and EB2 ROW? Wow. You not only need spillover but also need really low demand from EB1 and EB2 ROW through next Oct. If economy start picking up we'll be piling up on the backlog again and back to twiddling our thumbs waiting for visa bulletin every month. The only way this can be solved is through more visas or through visa recapture. If either of them doesn't happen, we are pretty much guaranteed not seeing "current" for a good 5-10 years, assuming the economy starts recovering and adding more jobs which seems like it has slowly begun. Not that simple.
more...
house invoice sample,independent
blueyonder
05-02 09:02 PM
Dude Newtoearth,
Who are you actually .... you are waging a battle here ... have you guys not waged enough battle in SL and on the internet. Stop it pls .....
You are again proving the point the SL govt is trying to prove. Quit it man ... we all know that there is a Govt sponsored propaganda group trying to post and fight in every forum .. I seriously doubt you are one of them ... with a proxy ID for IV.
Stop it now man ... SL have spilt enough blood ... your posts suggest that the thirst for blood never ends ... either it be Sinhalese or Tamil.
Who are you actually .... you are waging a battle here ... have you guys not waged enough battle in SL and on the internet. Stop it pls .....
You are again proving the point the SL govt is trying to prove. Quit it man ... we all know that there is a Govt sponsored propaganda group trying to post and fight in every forum .. I seriously doubt you are one of them ... with a proxy ID for IV.
Stop it now man ... SL have spilt enough blood ... your posts suggest that the thirst for blood never ends ... either it be Sinhalese or Tamil.
tattoo diverse - invoice template
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"
more...
pictures invoice
msp1976
02-18 10:33 PM
In the past three years; I have seen an administrative assistant get sponsored as a skilled worker; a cook making $8.50 as a specialty cook at an Indian restaurant; 8 phillipinos getting sponsored as cooks with a wage of $9.00 at a restaurant; a convenience store clerk; (from reading administrative appeals decisions; i have seen a driving instructor, horse trainer, etc.). All of these jobs fit into a definition of "skilled worker" and share same eb3 category as professional.
In fact I guess most of the April 2001 245(i) cases are also getting through the Eb3 category...I thought that they would get into the EB3 Other workers category with the 10 K cap........ I guess many of the cases you are referring to must be the 245(i) cases...
As I remember, even when I came to US the first time in 2000, I was interviewed quite rigorously...They made me submit degree certificate and experience certificates and all...
Cooks and driving instructors getting in on H1B??? That is news to me...
In fact I guess most of the April 2001 245(i) cases are also getting through the Eb3 category...I thought that they would get into the EB3 Other workers category with the 10 K cap........ I guess many of the cases you are referring to must be the 245(i) cases...
As I remember, even when I came to US the first time in 2000, I was interviewed quite rigorously...They made me submit degree certificate and experience certificates and all...
Cooks and driving instructors getting in on H1B??? That is news to me...
dresses +invoice+templates
conchshell
07-26 05:08 PM
In the past 4+ years, the annual H1 queue is just 65K. So the input into the EB queue must have moderated quite a bit.
Another piece of information, supporting your argument. This is posted on immigration-law.com today:
The DOL has yet to release its 3rd Quarter Performance report ending at the end of June 2008, but the second quarter report indicates that the foreign labor certification applications continuously dropped from the same period in FY 2007 including permanent as well as temporary labor certification applications. PERM applications dropped 46% from the statistics of the second quarter of FY 2007. The report indicates that despite increased audits (over 45%) and related work, the processing times remain steady. Obviously, it must have been affected more by decreased number of new applications than any drastic improvement in processing times in each application. In fact, from the perspectives of each PERM application, the processing times have witnessed a substantial delay over the last one year. The delay which was associated with the massive audit and related activities could have been offset by the substantial drop in the PERM applications in the overall statistical figure in the report. The DOL report did not report the details of the causes for continuing decrease in PERM applications, but this should be taken as an alert to the U.S. businesses as an indication of reduced incentives for the needed foreign workers to remain in the U.S. and potential reduced availability of the talented foreign workers to support the U.S. businesses' competition in the world. Considering the fact that the supply and demand of resources at the international level are not something which can be rebalanced over a night or a short period of time, the political leaders should start paying attention to the urgency of the reform in the employment-based immigration system before it gets too late.
Another piece of information, supporting your argument. This is posted on immigration-law.com today:
The DOL has yet to release its 3rd Quarter Performance report ending at the end of June 2008, but the second quarter report indicates that the foreign labor certification applications continuously dropped from the same period in FY 2007 including permanent as well as temporary labor certification applications. PERM applications dropped 46% from the statistics of the second quarter of FY 2007. The report indicates that despite increased audits (over 45%) and related work, the processing times remain steady. Obviously, it must have been affected more by decreased number of new applications than any drastic improvement in processing times in each application. In fact, from the perspectives of each PERM application, the processing times have witnessed a substantial delay over the last one year. The delay which was associated with the massive audit and related activities could have been offset by the substantial drop in the PERM applications in the overall statistical figure in the report. The DOL report did not report the details of the causes for continuing decrease in PERM applications, but this should be taken as an alert to the U.S. businesses as an indication of reduced incentives for the needed foreign workers to remain in the U.S. and potential reduced availability of the talented foreign workers to support the U.S. businesses' competition in the world. Considering the fact that the supply and demand of resources at the international level are not something which can be rebalanced over a night or a short period of time, the political leaders should start paying attention to the urgency of the reform in the employment-based immigration system before it gets too late.
more...
makeup freelance template eyes
panini
05-17 04:19 PM
According to the latest news from Sri Lanka:
1) All the Tamil civilians that were held hostage as human shields by the LTTE, have been rescued by the Sri Lankan army and have crossed over to safety.
2) The LTTE have conceded defeat and said it is ready to surrender to a 3rd party.
3)The whereabouts of Prabhakaran is not yet known but there is lots of rumors in the net saying that his body has been found and it is being investigated for DNA proof.
4) The Sri Lankan army is still engaged in clearing out small pockets of LTTE that still remains.
5) The whole island is celebrating with dancing in the streets, fire crackers and distributing Kiri-Bath (Milk Rice) which is cooked for very important occasions. And I wish I was there too !!!! :)
So as you see it is all good!!!
1) All the Tamil civilians that were held hostage as human shields by the LTTE, have been rescued by the Sri Lankan army and have crossed over to safety.
2) The LTTE have conceded defeat and said it is ready to surrender to a 3rd party.
3)The whereabouts of Prabhakaran is not yet known but there is lots of rumors in the net saying that his body has been found and it is being investigated for DNA proof.
4) The Sri Lankan army is still engaged in clearing out small pockets of LTTE that still remains.
5) The whole island is celebrating with dancing in the streets, fire crackers and distributing Kiri-Bath (Milk Rice) which is cooked for very important occasions. And I wish I was there too !!!! :)
So as you see it is all good!!!
girlfriend This given invoice template
Caliber
09-04 09:37 PM
Now I think new people are running IV.
xxxxxxxx (Walden Pond) is not controlling now. That is the reason these idiots have got the admin previlages. Now they do nothing worthwhile. Bunch of jockers.
It was Jesus's decision to punish YSR for having used his name to kill innocent people. Do you want to be next in line? Learn forum rules. When you do not use your real name, you have no right to use other's real names.
Walden Pond spent US $ 65,000.00 of his own money for the sake of others and not for his personal benefit. You did not contribute single dollar and talk others with names?
Please behave yourself.
xxxxxxxx (Walden Pond) is not controlling now. That is the reason these idiots have got the admin previlages. Now they do nothing worthwhile. Bunch of jockers.
It was Jesus's decision to punish YSR for having used his name to kill innocent people. Do you want to be next in line? Learn forum rules. When you do not use your real name, you have no right to use other's real names.
Walden Pond spent US $ 65,000.00 of his own money for the sake of others and not for his personal benefit. You did not contribute single dollar and talk others with names?
Please behave yourself.
hairstyles tax invoice template gst
snathan
01-18 12:45 PM
There is no doubt Everyone knows that H1b and GC laws are crazy. For that we need to fight to change the law but should not encourage to violate the law. If USCIS violates law lawsuit should be filed. That is the rightway.
How much you are ready to contribute for the law suit. Dont you have any job. Once you get your GC what are you still doing here. just eating everyone's head. Are you adding value here. Please go away.
How much you are ready to contribute for the law suit. Dont you have any job. Once you get your GC what are you still doing here. just eating everyone's head. Are you adding value here. Please go away.
sanju
02-15 11:34 AM
I set up a yahoo group to discuss the issue. To subscribe, send an e-mail to
visa-recapture-subscribe@yahoogroups.com
Please include your IV alias when you confirm your subscribe request.
Also, just wanted to clarify that I will not be able to spearhead the issue. I will contribute as I can: financially, doing legal research, reviewing briefs and generating ideas. But I do not have a lot of time to dedicate to this initiative. I also think it should be somebody who is affected by retrogression. People should be willing to change their situation, otherwise I do not see the reason to help them.
Thanks for an excellent research and arguments. Some of the arguments are well presented.
Well, if you are not ready to lead and we do not have anyone else to lead then whats the point of forming the yahoo group? Please don't get me wrong, I am just trying to find out the objective of this yahoo group.
visa-recapture-subscribe@yahoogroups.com
Please include your IV alias when you confirm your subscribe request.
Also, just wanted to clarify that I will not be able to spearhead the issue. I will contribute as I can: financially, doing legal research, reviewing briefs and generating ideas. But I do not have a lot of time to dedicate to this initiative. I also think it should be somebody who is affected by retrogression. People should be willing to change their situation, otherwise I do not see the reason to help them.
Thanks for an excellent research and arguments. Some of the arguments are well presented.
Well, if you are not ready to lead and we do not have anyone else to lead then whats the point of forming the yahoo group? Please don't get me wrong, I am just trying to find out the objective of this yahoo group.
old_hat
05-01 07:27 PM
I agree with you. It really amazes me that India is not even saying "something" being a so-called "super-power" in south Asia. Until the last generation of politicians are out of the indian political system, nothing is going to change when it comes to the image or pride of India. At least we should exert out strength and take a leadership role in South Asia and show our power.
India has a history in Sri Lanka. It started long ago with IPKF. A lot of Indian lives were lost because IPKF had to fight the war with their hands tied. IPKF could have captured Pirbhakaran but they did not because Rajeev thought Tamils will not get their rights if they did so. Then Rajeev Gandhi got assassinated. A few years back LTTE had the upper hand and Sri Lankan govt wanted India to step in and help them. India did not sent the troops. now the battle has swung the other way. It is fairly complicated.
India has a history in Sri Lanka. It started long ago with IPKF. A lot of Indian lives were lost because IPKF had to fight the war with their hands tied. IPKF could have captured Pirbhakaran but they did not because Rajeev thought Tamils will not get their rights if they did so. Then Rajeev Gandhi got assassinated. A few years back LTTE had the upper hand and Sri Lankan govt wanted India to step in and help them. India did not sent the troops. now the battle has swung the other way. It is fairly complicated.
