hiralal
06-17 01:50 PM
what is surprising that one person ..dilipcr ..in this case ..is able to divert the attention of the members.
in other words, maybe in future, one anti-immigrant can pose as dilip ..keep a senseless debate alive ..and divert attention.
---------- are we doing this because there are no visible big campaigns alive ? or does it mean that if we defeat Dilip in this debate then we will get our GC's (please note I am not following this thread ...though I was initially),.. Thanks
in other words, maybe in future, one anti-immigrant can pose as dilip ..keep a senseless debate alive ..and divert attention.
---------- are we doing this because there are no visible big campaigns alive ? or does it mean that if we defeat Dilip in this debate then we will get our GC's (please note I am not following this thread ...though I was initially),.. Thanks
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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"
u.misc
01-25 02:55 PM
I thought we're not supposed to pay for H1 and GC. Correct me if I'm wrong? I guess we can only pay for the visa appointment fee.
I came here in 1999, at that time employer was not bound to pay for H1-B expense. Later USCIS enforced the law and now most employer do pay for H1-B.
However for GC, its the employer's discretion and there is no written rule as who should bear the cost fo GC filing. I paid for mine.
I came here in 1999, at that time employer was not bound to pay for H1-B expense. Later USCIS enforced the law and now most employer do pay for H1-B.
However for GC, its the employer's discretion and there is no written rule as who should bear the cost fo GC filing. I paid for mine.
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gcfordesi
08-15 07:39 PM
I know its not easy or possible in USA to get a Immigration officer to make some scene deliberately at airport . Here is what i observed .
He was in CA a month back june/july for his movie shoot nothing popped that time.
But he signed a 100 crore INR deal with FOX for his Forth coming movie My Name is Khan i think couple of weeks back dose it tell something ?
So with this incident he is on Top 10 news in CNN today - Btw this news was at number 7 few hours back and now number 2.
Nice way to create awareness of Shah Rukh Khan and the Movie.
Just my 2 cents ....
1. 1 When an insect sting turns fatal
2. 2 Bollywood star detained at airport
3. 3 Tropical Storm Ana forms
4. 4 Britain seizes control of islands
5. 5 Bob Dylan a complete unknown?
6. 6 Australian granted right to die
7. 7 Lockheed Fire scorches 6,800 acres
8. 8 Run 135 miles across Death Valley?
9. 9 Arctic Sea 'ransom demanded'
10. 10 Missing boy last seen near car
He was in CA a month back june/july for his movie shoot nothing popped that time.
But he signed a 100 crore INR deal with FOX for his Forth coming movie My Name is Khan i think couple of weeks back dose it tell something ?
So with this incident he is on Top 10 news in CNN today - Btw this news was at number 7 few hours back and now number 2.
Nice way to create awareness of Shah Rukh Khan and the Movie.
Just my 2 cents ....
1. 1 When an insect sting turns fatal
2. 2 Bollywood star detained at airport
3. 3 Tropical Storm Ana forms
4. 4 Britain seizes control of islands
5. 5 Bob Dylan a complete unknown?
6. 6 Australian granted right to die
7. 7 Lockheed Fire scorches 6,800 acres
8. 8 Run 135 miles across Death Valley?
9. 9 Arctic Sea 'ransom demanded'
10. 10 Missing boy last seen near car
more...
Jerrome
05-13 09:53 AM
@venetian:
I was not responding to the Sri Lankan issue - please don't read it as such. As I said, my comment was tangential to the discussion thread. I was just writing about my observation of the behavior and attitude of Tamils in general in India.
@jerrome:
Your point about MGR/Jayalalitha/Rajanikanth just proves my point. These people migrated to Tamil Nadu, made it their home and 'assimilated' by learning Tamil and considering themselves Tamil and showing their love for Tamil - they did not become famous in TN by propagating Telugu/Malayalam/Kannada. Now, if only you could provide some examples of the other way around - Tamils who migrated elsewhere and who made the host cultures proud. Can you?
There definitely are Telugu/Malayalam/Kannada natives in TN - but without exception, they have 'Tamilized' themselves to a great extent to live a normal life. Is the converse true?
President of Singapore and people living in Singapore. I can go on with the list.
Can i ask simple question to you. what language you speak at home, which temple you are going in US?
Let us say after 25 years US is demolishing all the hindu,gurduars and asking everyone to convert to christianity. what will you do? Do you want to mingle into local culture.
If someone is coming to your home and asking you to eat different food and speak different language and workship different god what will you do? This applies to even a state and to a country?
Don't talk like a fool preaching immigrants should mingle with the country culture. We are not talking about immigrants here, Native Tamils in SL.
Tamil people migrated to WestIndies,Fiji, Malay,USA everywhere they are living peacefully, because they have adopted to their immigrated country.
I really don't know what is the point you are trying to make.
I was not responding to the Sri Lankan issue - please don't read it as such. As I said, my comment was tangential to the discussion thread. I was just writing about my observation of the behavior and attitude of Tamils in general in India.
@jerrome:
Your point about MGR/Jayalalitha/Rajanikanth just proves my point. These people migrated to Tamil Nadu, made it their home and 'assimilated' by learning Tamil and considering themselves Tamil and showing their love for Tamil - they did not become famous in TN by propagating Telugu/Malayalam/Kannada. Now, if only you could provide some examples of the other way around - Tamils who migrated elsewhere and who made the host cultures proud. Can you?
There definitely are Telugu/Malayalam/Kannada natives in TN - but without exception, they have 'Tamilized' themselves to a great extent to live a normal life. Is the converse true?
President of Singapore and people living in Singapore. I can go on with the list.
Can i ask simple question to you. what language you speak at home, which temple you are going in US?
Let us say after 25 years US is demolishing all the hindu,gurduars and asking everyone to convert to christianity. what will you do? Do you want to mingle into local culture.
If someone is coming to your home and asking you to eat different food and speak different language and workship different god what will you do? This applies to even a state and to a country?
Don't talk like a fool preaching immigrants should mingle with the country culture. We are not talking about immigrants here, Native Tamils in SL.
Tamil people migrated to WestIndies,Fiji, Malay,USA everywhere they are living peacefully, because they have adopted to their immigrated country.
I really don't know what is the point you are trying to make.
vkrishn
07-21 02:39 PM
I shouldn't say "Nice to see so many bay area folsk with bad expereience". I should probably use the word Interesting instead of "nice".Sorry about that.
more...
venky321
01-13 05:42 PM
Interesting. I think there would probably be around maybe half a million or so H1Bs currently in the US, probably more , working in the IT industry. Many if not most would work for these consulting companies; ranging from the large one's like Accenture or TCS to the grocery store offices in NJ. All of them have the potential to be affected if this memo is strictly enforced.
While I would be glad if all the shady consultancy firms that have wrecked the H1B program to be put out of business; there might be serious disruptions in the IT industry if hundreds of thousands of workers are going to be forced out; even if in a phased manner; i.e. letting folks stay till their current visas expire.
While I would be glad if all the shady consultancy firms that have wrecked the H1B program to be put out of business; there might be serious disruptions in the IT industry if hundreds of thousands of workers are going to be forced out; even if in a phased manner; i.e. letting folks stay till their current visas expire.
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rajeev_74
09-24 07:04 AM
for people who own or will buy homes ? We could also say that this can come from recapture but only for already or potential home owners...
It could be part of the Bail out package...
It could be part of the Bail out package...
more...
eastindia
01-16 09:54 AM
I have no problem with any individual but I hate my ex employer and their class ( in no uncertain terms ). I was earning for them , but he and his wife used to behave like big boss to me.Why I shed no tears for them. They think themselves as Ambani but will not hire few good marketing folks who can bring projects from direct clients. There business model is like the following example ( joke ). A bihari gone to punjab and started working for sardarji for food and shelter.While he asked the sardarji for food , he said go that building eat as much you want and take this tifin box and pack some food for me too. Just tell them that I have sent you . After some time Bihari came to know that it was Gurudwara and food was lunger. I consider these body shop no different then that Sardarji. Opening a co ( body shop ) requires phone and outlook. WOW. The h1b rules allow a space for them. With this new rule , they are gone for good. Let me make it very clear , I hate body shopper . It is mere chance that they are from particular state. I fully sympathize with all H1B holder and again let me insist all deserving H1b people will be better off with this memo. Let me quote a line from Ghalib " Jis diye me tel honge , rah jayenge bus wohi ".
Let me enjoy on potential demise of Body shopper including my ex employer. I am ready
Wow so ungrateful.
You make hole in the same vessel you eat.
You came to this country only because of a desi bodyshopper. Otherwise with your qualifications you cannot even dream of coming to USA on your own.
Unless you are IIT or IIM.. or some top engineering college, it is highly difficult for someone to come to USA on H1B and take a permanent job. The other route is to come for studies.
So after coming here by showing your desperation to earn dollars with an NIIT diploma or some shady donation college degree you came via a body shopper. You made a choice in life fully knowing what you are doing. Now you left your bodyshopper and want to hurt him and feel happy for the rule because you do not want others like you to come to US of A via bodyshoppers.
You know why? Because you do not want other Indians to come behind you and compete with you for jobs.
Learn to live and let live. Din't they teach you in India as an Indian value. Good luck with your greencard.
Let me enjoy on potential demise of Body shopper including my ex employer. I am ready
Wow so ungrateful.
You make hole in the same vessel you eat.
You came to this country only because of a desi bodyshopper. Otherwise with your qualifications you cannot even dream of coming to USA on your own.
Unless you are IIT or IIM.. or some top engineering college, it is highly difficult for someone to come to USA on H1B and take a permanent job. The other route is to come for studies.
So after coming here by showing your desperation to earn dollars with an NIIT diploma or some shady donation college degree you came via a body shopper. You made a choice in life fully knowing what you are doing. Now you left your bodyshopper and want to hurt him and feel happy for the rule because you do not want others like you to come to US of A via bodyshoppers.
You know why? Because you do not want other Indians to come behind you and compete with you for jobs.
Learn to live and let live. Din't they teach you in India as an Indian value. Good luck with your greencard.
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PlainSpeak
01-13 06:56 PM
My friend ..I care for you.
MC
Ahh MC you are a charming person using your charm to hit below the belt
Now what do i do with you....
I guess i will let this slide because i am not sure what your intentions
If your next post are more informative maybe there would be a better reply (I know not that you care)
Cherio
MC
Ahh MC you are a charming person using your charm to hit below the belt
Now what do i do with you....
I guess i will let this slide because i am not sure what your intentions
If your next post are more informative maybe there would be a better reply (I know not that you care)
Cherio
more...
abhijitp
07-03 08:17 PM
please let me know. i have prepared an excel spreadsheet of contacts from previous IV threads + couple other sites on the web
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reddymjm
09-24 04:03 PM
Please send emails and post here to get a count..
more...
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ujjvalkoul
08-30 11:14 AM
Once you get ur Canadian PR, how long can we "not go" to canada. Will the PR expire if we do not land in canada??
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ras
07-06 02:49 AM
Is there certain minimum numbers of days one has to stay with the sponsoring company after getting the Green Card.
In my case I have been working with my current employer since Sept-2001 (almost 7 years).
Green card labor started in Dec-2001 and I-485 was filed in May and approved June, 2008.
I was in the middle of using AC21 just before my GC got approved, hence this urgency.
I think if you are with the employer and your GC got approved. You probably ought to work for the employer atleast for 6 months to one year. If you could have used AC 21 already before approval then things would have been different.
In my case I have been working with my current employer since Sept-2001 (almost 7 years).
Green card labor started in Dec-2001 and I-485 was filed in May and approved June, 2008.
I was in the middle of using AC21 just before my GC got approved, hence this urgency.
I think if you are with the employer and your GC got approved. You probably ought to work for the employer atleast for 6 months to one year. If you could have used AC 21 already before approval then things would have been different.
more...
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STAmisha
10-03 10:28 PM
1. You need to submit original transcripts and notarised copies of degree certs
2. I requseted my current employer to give it. I quoted that I need them for applying to university
3. I did my pictures from wolf camera. I took the photo instructions to them. They made exactly like that.
I just got my PR approved and I got my passports back with visas.
2. I requseted my current employer to give it. I quoted that I need them for applying to university
3. I did my pictures from wolf camera. I took the photo instructions to them. They made exactly like that.
I just got my PR approved and I got my passports back with visas.
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unitednations
02-13 01:17 PM
Any of you want to join with me with this drive? Let's form a group and sue the USCIS for misallocation of visa. If any one is interested, please PM me.
Further division is not good.
I was on record that DOS/USCIS misallocated visas in 2005. India received much more in eb3 then what they were entitled to. In fact, India, China, Mexico and Phillipines should have not gone over their 7% as a whole of the 250,000 greencards available. Because of this; dos/uscis learned their lesson and started to follow the law appropriately.
I did say that if in 2006 any country went above their limit of 7% then it would cause a lawsuit which I would be a part of. However, there would be some negative outcomes from it. UScIS/DOS behaviour could only change going forward. They could revoke the greencards issued in 2005 for people who went over the 7% limit (uscis has upto 5 years to rescind greencard if approved by mistake) but they would not get re-allocated because there is no carryover from one year to the next in the current law. Only outcome would be to change it going forward. As I've said in the past; people were spoiled at the laziness of DOS/USCIS. Retrogression and the visa allocation should have happened a long time ago.
Further division is not good.
I was on record that DOS/USCIS misallocated visas in 2005. India received much more in eb3 then what they were entitled to. In fact, India, China, Mexico and Phillipines should have not gone over their 7% as a whole of the 250,000 greencards available. Because of this; dos/uscis learned their lesson and started to follow the law appropriately.
I did say that if in 2006 any country went above their limit of 7% then it would cause a lawsuit which I would be a part of. However, there would be some negative outcomes from it. UScIS/DOS behaviour could only change going forward. They could revoke the greencards issued in 2005 for people who went over the 7% limit (uscis has upto 5 years to rescind greencard if approved by mistake) but they would not get re-allocated because there is no carryover from one year to the next in the current law. Only outcome would be to change it going forward. As I've said in the past; people were spoiled at the laziness of DOS/USCIS. Retrogression and the visa allocation should have happened a long time ago.
more...
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Michael chertoff
07-30 09:28 AM
This Ron Gotcher guy does not seem to get it.... he has an agenda, I dont buy his logic. It is unlikely that ~ 50 cases at consular posts are enough motivation to move dates forward by two years.
It took roughly one year for EB2-I dates to advance beyond April04 from the time it first got to April 04.
We know 2005 is a lean year.
It is likely that it will take almost a year before EB2-I dates advance beyond June06.
Those with PD < June06 that do not get a GC by Sep08 can expect to get it by Sep 09. Until then we will see some short term swings between 2003 and 2006.
When people with PD June 15 2006 will get the greencard???
It took roughly one year for EB2-I dates to advance beyond April04 from the time it first got to April 04.
We know 2005 is a lean year.
It is likely that it will take almost a year before EB2-I dates advance beyond June06.
Those with PD < June06 that do not get a GC by Sep08 can expect to get it by Sep 09. Until then we will see some short term swings between 2003 and 2006.
When people with PD June 15 2006 will get the greencard???
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matrixneo
09-05 07:31 PM
QUOTE=_TrueFacts;840961]breddy2000,
Because of assholes like you ,
.....MOTHER FUCKER...
Please, stop using this language
Because of assholes like you ,
.....MOTHER FUCKER...
Please, stop using this language
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bestia
02-14 06:40 PM
Circus123 & Bestia thanks 4 the quik answers to my first post on this site; By now I just read & learned a lot from this site about GC process.Now it's time to take action because we have a PD current.
I just wanna be sure about the dates 'cause I cannot rely on my layer 100% because last year he insisted on completing our files 4 GC but he "forgot" 2 mention that our PD is nou current yet!!!
We'll send the cheques tomorrow!
I can hardly wait to get my EAD so I can apply 4 a decent job!!!!!!
Any idea if it takes longer than 90 days?
thanx all of U 4 your answers.
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 :)
I just wanna be sure about the dates 'cause I cannot rely on my layer 100% because last year he insisted on completing our files 4 GC but he "forgot" 2 mention that our PD is nou current yet!!!
We'll send the cheques tomorrow!
I can hardly wait to get my EAD so I can apply 4 a decent job!!!!!!
Any idea if it takes longer than 90 days?
thanx all of U 4 your answers.
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 :)
sunny1000
12-13 05:06 PM
Good point. But point what we are discussing is whether the rules (per country based) made to process GC can be challenged in US Courts within its constitutional limits? If tomorrow US decides to shut down EB/FB we do not have problem. Certainly it has that right. But when US wishes to have those immigrants than do we (applicants - non -immigrants) have a right to challenge particular rule (here per country based limit) in Court?
The U.S government absolutely has that discretion to make any rule/law under the Foreign Policy doctrine which no Court will interfere. The analogy for this would be the rule - wet/dry policy - they follow with the Cuban immigrants who get a GC just based on landing on the U.S soil. Nobody can challenge that rule (which favors only migrants from Cuba - when Mexicans do the same, it is considered illegal) but, a cuban immigrant can challenge what constitutes U.S soil which the courts can decide.
In short, you cannot challenge the law itself but, can challenge how the law is interpreted.
The U.S government absolutely has that discretion to make any rule/law under the Foreign Policy doctrine which no Court will interfere. The analogy for this would be the rule - wet/dry policy - they follow with the Cuban immigrants who get a GC just based on landing on the U.S soil. Nobody can challenge that rule (which favors only migrants from Cuba - when Mexicans do the same, it is considered illegal) but, a cuban immigrant can challenge what constitutes U.S soil which the courts can decide.
In short, you cannot challenge the law itself but, can challenge how the law is interpreted.
dealsnet
09-04 12:26 PM
If this is true, it is serious. If a donors information is compromised, it is like selling the credit card info the cheats. It is high time to clear bad elements from IV.
Yup, it is a religious fanatic. Also it must be an insider.
I am still wondering how the full name of "Jayapaul Reddy Vadicherla" is known.
One thing is that the Vadicherla is a Donor and must have given all his details while donating. The insider have access to this information and posted it.
_TrueFact, can you post my full name?
Yup, it is a religious fanatic. Also it must be an insider.
I am still wondering how the full name of "Jayapaul Reddy Vadicherla" is known.
One thing is that the Vadicherla is a Donor and must have given all his details while donating. The insider have access to this information and posted it.
_TrueFact, can you post my full name?
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