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Saturday, July 2, 2011

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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"





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  • vinay0622
    07-29 10:16 AM
    Yes it can be corrected at this time. You can answer the RFE yourself and explain you mistake or ask your attorney to do so. I would suggest that contact your attorney so that you can prevent any future mistakes.



    Thanks..Samay.
    I appreciate, You took time to answer my question.





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  • suhanya
    08-12 02:15 AM
    I am doing an employer change - HtoH transfer.

    Do I have to wait for the H1 transfer approval or is the receipt good
    enough for me to travel abroad? Do I have to get my new H1 stamped
    before reentering? I still have the dates on my old h1 (from AMD)
    valid on the stamping on my passport - will this suffice? Please
    explain.

    Also my Advanced Parole is on its way. Will I be able to travel on EAD
    and AP, when my H1 transfer is being filed? Can I still hold on to my
    H1 status, if I traveled using my AP?


    Regards,
    Suhanya.





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  • walking_dude
    02-14 02:51 PM
    Life's not simple. It's not A or B. It's usually A and B that succeeds. Like I mentioned in an earlier post going ahead with option A (lawsuit) closes option B ( meetings and negotiations).

    Best approach is IV keeps option B (lobbying) open while a group that agrees option A is better continues to pursue it. There is a lot of support for this measure here. What it lacks is a convinced leadership! Once the leadership emerges and there is action on the ground, who knows, the skeptics may join too.

    chandu...have u read the lawsuit outcome? do u still think that an administrative fix is easier to achieve than a lawsuit? lets say it comes down to either/or...either a lawsuit or an administrative fix...which one would IV support?



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  • samay
    07-28 04:09 PM
    Hello All,

    I travelled by car to Quebec-Canada and came back to US thru vermont on AP since my H4 visa stamping has expired. I was given an I-94A which has no expiry date and also is says single use. They didn't take my old I-94 and issued me a new one with no expiry date. Can any one please tell me if they had the same expirenece or should i contact the Immigrations and ask them to issues a new I-94?

    I read through a couple of forums and know that all were issued an I-94 with 1 year expiry date. What is the significance of that Date? I am asking this because we cannot travel on the same AP since the AP will expire in 1 year from the date of issue and hece we cannot use the AP even though the I-94 has 1 year validity.

    Hope some one can throw some light on this.I
    AP's are generally issued for multiple trips. I am little confused by your question. Could you please specify why is it that you think that you cannot use the AP again.





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  • greencard_fever
    07-25 11:44 AM
    EB2 India/China BECOMING CURRENT IN THE NEAR FUTURE IS INEVITABLE.

    vdlrao i really appreciate you analysis and confidence on feature of EB2..can i know your category and nationality?:D



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  • surabhi
    07-21 05:35 PM
    That seems to be correct interpretation. This makes me dizzy, too good to be true. :D



    That's because of per country quotas. There may be millions waiting for 15 years under the brothers and sisters category, but once they hit the country limit they are done. The unused numbers may go to brothers and sisters of petitioners from non-backlogged countries. If not, these numbers will flow to EB.

    All FB categories are retrogressed. No category is " Current" so that the visas should spill over. ANd the most recent availability is category 2A.( October, 2003)

    Does this mean there are not enough approvable applications. Doesnt sound right to me with 5 years of minimum retrogression and upto 20 years in case of Philippines for FB category 4.

    Still doesnt make much sense to my how even with USCIS ineffeicienes should there be a spillover.





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  • msp1976
    02-16 11:12 AM
    This is a link provided by akred....

    http://academic.udayton.edu/race/02rights/immigr09.htm

    This is required reading for all those who want to understand the attitudes of the anti immigration folks like the numbersUSA et al.....



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  • srkamath
    07-21 09:01 PM
    CAN ANY ONE BELIEVE THEY GAVE 10,326 "UNUSED" EB NUMBERS TO FAMILY BASED IN THE YEAR 2006?? AMAZING.

    http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf

    Another concern I have on your estimation is it looks like unlimited categories (immediate relatives) eat into the overall numbers. But it looks like FB is guaranteed minimum of 226,000 each year.

    that's right, vdlrao is spot on (as usual) with the analysis.
    A recapture loop is already built into the system, the subtraction of the unlimited category numbers acts sort of like a negative-feedback loop, keeping the numbers stable.
    USCIS processing efficiency affects mostly EB categories, it doesn't affect FB much which has hard 7% limits / country.

    vdlrao's clear analysis suggests that FY 2008 could see more than 70,000 EB2s issued in total.
    EB2 In/CH being retrogressed will get the maximum benefits.
    USCIS is definitely capable of processing 12k to 15k per month.
    EB2 will become current for all countries very soon.
    EB3 will then get a lot of spillovers, ensuring rapid movement.





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  • Dhundhun
    08-08 04:57 PM
    My kids aged out. Is there any way they can take benefit of my immigration based on my PD? Otherwise, how can they benefit?

    My daughter turns 21 in 2003
    PD 03/10/2005
    My son turns 21 in Apr 2005
    I140 filed Oct 2006, approved Sep 2007
    I485 Applied in Aug 2007

    Thanks in anticipation.
    --dhundhun



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  • okuzmin
    05-25 12:43 PM
    If you have canadian PR, can't you work in US or do you still need a working visa to work in the US?

    Thank you.

    When you have a Canadian PR, you're still a citizen of your native country. Therefore, you can't get TN status (NAFTA) to enter the USA and work here as a Canadian citizen. However, my Russian friend (he is a Canadian PR, about to apply for citizenship) got a 10-year US business visa (B-1) and can enter the USA at any time. When you're a landed immigrant in Canada, US consulates start treating you very different.





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  • cbpds
    01-14 02:27 PM
    Would it affect ppl who have to go for stamping as well?

    What these guys are really trying to achieve is bring back the good old days of high billing rates. I guess they see that the desi consulting company is responsible for driving down the quality as well as rates and salaries. The memo gives examples that would make it ok for large consulting companies like Accenture, Infy, PWC, etc, but not ok to be a *tech or *soft desi consulting company.



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  • willigetagc
    07-26 08:44 AM
    If USCIS follows Vertical Policy after EB-3 becomes current, all the remaining visas will go to EB-2 India/China and will be used up completely. With the volume of demand for EB-3 India, unless some legislative relief comes EB-3 India's problem will not be solved.

    However, by following horizontal policy, if EB-2 India/China is cleared and made current, Any spillover in EB-3 should be equally shared and EB-3 India's share will improve but in miniscule way.

    Fighting for legislative relief is the only way out for EB-3 instead of dividing our community between EB-2 and EB-3

    I dont think the situation is that bleak. What would happen when EB3 ROW is unable to use up all the spillovers from EB2? The excess would go to EB3 I, right?

    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.





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  • gc_lover
    06-28 12:45 PM
    "expecting retrogresson ....in first wk of July... " ??
    I thought logiclife already clarified that can not and will not happen!!

    Yes, he did clarify. But, when rumors like that make it to reputed attorney's website it will surely cause panic among people.



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  • hebbar77
    05-29 07:18 PM
    nothing came easy for immigrants here including europeans immigrants in early 1500's! They silenced the people to make their way!, we are standing in line!





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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.



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  • nozerd
    10-10 10:18 AM
    What happens when you loose your job on TN1 ? Do you get any time to look for another job ? Do you automatically convert to tourist visa or you need to leave and come back ?
    Are the 3 and 10 yr bar reevant for Canadian nationals ?





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  • desi3933
    07-13 11:19 AM
    I know people who got their GC in 7 months from the date they filed PERM. and then there are many people getting GCs every month. There are both good stories and bad stories to tell about getting GC in US.

    There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?

    This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?

    Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.

    Just speak for yourself, Mr. Hathi Ghora.





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  • santa123
    07-21 07:43 PM
    Best case and worst case


    vdlrao,
    You have always brought some statistics onto this forum and many of us have felt that your numbers have some logic. I want to know what your confidence level is on those stats, may be you feel on the inside that this is theory and God only knows wht will happen. Since the processes that USCIS & DOL follow is not very clear to anyone, I am curious.

    Just as you know:
    Statistics are like bikinis. What they reveal is suggestive, but what they conceal is vital. ~Aaron Levenstein





    nonimmi
    06-28 12:43 PM
    This is what I'm doing. I'm flying to Nebraska service center friday night. Will put my shelter in front on PO box and will remain there until Monday morning. Once the USCIS guy comes up to pick up the mails, I'm just going to hand deliver my paper before he even opens his mail box.

    Want to join me ;)


    Go to NYC Apple store tonight, camp there and get iPhone tomorrow evening. You can spend your time in Nebraska more happliy!! :D





    fairman
    08-18 11:06 PM
    The IV page is full of Active-X controls. God knows what happens when i allow them to execute. Is there a way to find out what are those ?



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