lazycis
02-14 05:17 PM
Another prove of government misconduct is violation of regulations
In addition to the aspirational 180-day deadline in 8 U.S.C. � 1571(b), the 8 C.F.R. � 103.2(b)(18) sets forth a detailed timetable for “withholding adjudication of a visa petition or other application if . . . an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion . . . .”
I doubt these regulations were followed in thousands of delayed I-485s.
http://immigrationvoice.org/forum/showpost.php?p=223449&postcount=3
We have also over a hundred WOM rulings were court acknowledged that the USCIS "unreasonably delayed" adjudication of applications. Moreover, the USCIS intentionally pushed people to go to court
http://bibdaily.com/pdfs/Mocanu%201-14-08.pdf
"For reasons stated at the hearing and in this Memorandum, I have reached a tentative conclusion that Defendant USCIS, overwhelmed by these applications, has adopted a strategy of favoring delay by litigation, instead of developing an orderly and transparent administrative resolution. Although this strategy is often evident in private party damages litigation, it is improper in these cases."
In addition to the aspirational 180-day deadline in 8 U.S.C. � 1571(b), the 8 C.F.R. � 103.2(b)(18) sets forth a detailed timetable for “withholding adjudication of a visa petition or other application if . . . an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion . . . .”
I doubt these regulations were followed in thousands of delayed I-485s.
http://immigrationvoice.org/forum/showpost.php?p=223449&postcount=3
We have also over a hundred WOM rulings were court acknowledged that the USCIS "unreasonably delayed" adjudication of applications. Moreover, the USCIS intentionally pushed people to go to court
http://bibdaily.com/pdfs/Mocanu%201-14-08.pdf
"For reasons stated at the hearing and in this Memorandum, I have reached a tentative conclusion that Defendant USCIS, overwhelmed by these applications, has adopted a strategy of favoring delay by litigation, instead of developing an orderly and transparent administrative resolution. Although this strategy is often evident in private party damages litigation, it is improper in these cases."
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software7
05-30 04:49 PM
Hi ALl,
Got following info from one of my friend , this reliable information sent by Senator office.
TSC: NSC Total
EB1:
TCS: 1030. NSC: 1723 Total:2753
EB2:
TSC:22029 NSC: 29688 Total:51717
EB3: TSC: 34784 NSC: 36054 Total: 70838
Got following info from one of my friend , this reliable information sent by Senator office.
TSC: NSC Total
EB1:
TCS: 1030. NSC: 1723 Total:2753
EB2:
TSC:22029 NSC: 29688 Total:51717
EB3: TSC: 34784 NSC: 36054 Total: 70838
gvenkat
02-13 01:57 PM
Per country quota is what is killing India/China.. and that is the fact.. on an average ROW person waits for 3 years whereas India/China wait for eons.. as WD said if some one wants diversity go apply for a lottery or for better seek asylum... :mad::mad:
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eb2_mumbai
09-28 10:48 AM
I have a few questions of guru's on this forum.
What made USCIS change the rules of spill over from EB3 to EB2. We all know that rules changed in 2007 but I am not sure what prompted USCIS to make the change was it AILA or IV or just internal USCIS review?
The reason I ask this question is when I was looking at the EB3 thread there were lots of people especially with PD between 2001 & 2004 who feel they can start a campaign to revert this spill over decision to pre 2007 criteria. I am neither opposing them nor supporting them but I want to understand the reasons the changes were made.
At this moment I feel their appeal is more at emotional level rather than having a sound resoning. Its like we are waiting since 8 years so please assign us these spillover numbers. But I do not feel that will cut ice with CIS. We need to work for visa recapture but till this spilover thing is put to rest no one will concentrate on recapture
What made USCIS change the rules of spill over from EB3 to EB2. We all know that rules changed in 2007 but I am not sure what prompted USCIS to make the change was it AILA or IV or just internal USCIS review?
The reason I ask this question is when I was looking at the EB3 thread there were lots of people especially with PD between 2001 & 2004 who feel they can start a campaign to revert this spill over decision to pre 2007 criteria. I am neither opposing them nor supporting them but I want to understand the reasons the changes were made.
At this moment I feel their appeal is more at emotional level rather than having a sound resoning. Its like we are waiting since 8 years so please assign us these spillover numbers. But I do not feel that will cut ice with CIS. We need to work for visa recapture but till this spilover thing is put to rest no one will concentrate on recapture
more...
sunty
06-02 10:09 PM
If we do file a lawsuit against the discriminatory country-quota laws in EB immigration, in worst case scenario, even if we loose it might help highlight the issue and send a message to Washington that we are serious and we mean business. And the judgement might help us at-least get the recapture visas back if the court is made aware of our plight.
IV has spent so much money on Patton Boggs etc. . Maybe its time we think about this option as well. Maybe this method might work as clearly other approaches have failed and we haven't gotten anything. And before the IV loyalists jump on me and ask me to contribute first, yes if there is a lawsuit by IV, I will happily contribute my half-month's salary to the cause.
IV has spent so much money on Patton Boggs etc. . Maybe its time we think about this option as well. Maybe this method might work as clearly other approaches have failed and we haven't gotten anything. And before the IV loyalists jump on me and ask me to contribute first, yes if there is a lawsuit by IV, I will happily contribute my half-month's salary to the cause.
Desertfox
09-23 05:35 PM
FIRST lets just send out the emails as requested by IV (Yes, this is OFFICIALLY ENDORSED BY IV initiative)
We will have all the time in the world to discuss the details.
OK... I support the initiative because it will remove some people ahead of me in line. However, I bought a house last week with 3% downpayment on FHA loan, and now how can I justify writing an email with the draft that urges for GCs only for those who paid 20% downpayment?
Can you give me some thoughts on this so that I can make my selfish mind to agree on writing this email to congress?
We will have all the time in the world to discuss the details.
OK... I support the initiative because it will remove some people ahead of me in line. However, I bought a house last week with 3% downpayment on FHA loan, and now how can I justify writing an email with the draft that urges for GCs only for those who paid 20% downpayment?
Can you give me some thoughts on this so that I can make my selfish mind to agree on writing this email to congress?
more...
smuggymba
01-14 08:58 AM
There was a huge discussion during the presedential campaign on why Obama is a great choice...but looks like he is just another socialist democrat. John Mccain would have been a better choice, but we can't control this so best of luck to all. There are plenty of jobs in other countries including india. not the end of world.
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sbabunle
11-12 01:31 AM
Having said all these, let me ask you something?
How many of you wrote to Dept. Of Labor to stop Labor
substitution when they put a comment period for the proposed
removal of Labor Sub?
Everybody knows that the system is broken. The whole point
is what are we doing to fix it? This is a foriegn land. So we have to
work thrice of 4 times harder to change the system in place. Are we
doing that?
How many of you wrote to Dept. Of Labor to stop Labor
substitution when they put a comment period for the proposed
removal of Labor Sub?
Everybody knows that the system is broken. The whole point
is what are we doing to fix it? This is a foriegn land. So we have to
work thrice of 4 times harder to change the system in place. Are we
doing that?
more...
Jungle_Cat
02-14 02:37 PM
$25 for intial consultation....If there is a solid ground to go forward,am there for this movement.
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lahiribaba
06-18 01:44 AM
if you are doing a desk job and you beleive that it cannot be outsourced you are kidding yourself.. it is only a matter of time. With Cisco telepresence soon they would be able to even have the person sitting in bangalore occupy a cube down the aisle in a office in manhattan.
more...
kumarc123
07-17 10:36 AM
I mean EB2 India will be current with in a year.
vdlroa my friend I couldn't agree less with you on that statement. Eb2 will saturate a lot of visa numbers, and will ultimately benefit our friends in EB3. As per now I believe, we should focus on creating more visibility for our cases, which will eventually help EB3 as well.
Thanks
vdlroa my friend I couldn't agree less with you on that statement. Eb2 will saturate a lot of visa numbers, and will ultimately benefit our friends in EB3. As per now I believe, we should focus on creating more visibility for our cases, which will eventually help EB3 as well.
Thanks
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thomachan72
01-14 09:16 AM
Hey smuggymba, I hope you did not misunderstand what I said. Hope you get the idea behind what I meant.
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ramus
06-28 09:03 PM
totally agree with you.. But just feel bad that we follow all rules and somebody comes and just try to screw us..
You are right.. there are tons of things important in life then this GC.
Its not about $500.
USCIS and the US government can ask for more money. And we will happily give it to them.
Its about the stability that filing for AOS offers.
But keep in mind, you weren't able to file for AOS in June.
So maybe, we won't be able to file for AOS in July either. But thats about it. Life will go on.
So it would be best for us to stop torturing our brains.
There is not much we can do about anything. USCIS can choose to reject ALL applications received in July. AILA will issue a freaking statement. We will shed a few tears and call USCIS names.
You are right.. there are tons of things important in life then this GC.
Its not about $500.
USCIS and the US government can ask for more money. And we will happily give it to them.
Its about the stability that filing for AOS offers.
But keep in mind, you weren't able to file for AOS in June.
So maybe, we won't be able to file for AOS in July either. But thats about it. Life will go on.
So it would be best for us to stop torturing our brains.
There is not much we can do about anything. USCIS can choose to reject ALL applications received in July. AILA will issue a freaking statement. We will shed a few tears and call USCIS names.
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JazzByTheBay
02-15 10:44 AM
You can pack your bags and leave. You are here by your own choice, and work within the legal framework of the country. You are free to leave when you please.
The slavery argument doesn't hold.
jazz
Modern Day Slavery in the 21st century
Any person who is restricted from making travel choices, employer choice, personal choices beneficial to himself and his family, just because his employer or the goverment is restricting him in some form to make monetary benefit for itself, is called a slave.
I have reached the critical mass in me to take this up on my own, any legal advice and moral support from you guys would be appreciated.
Thanks
The slavery argument doesn't hold.
jazz
Modern Day Slavery in the 21st century
Any person who is restricted from making travel choices, employer choice, personal choices beneficial to himself and his family, just because his employer or the goverment is restricting him in some form to make monetary benefit for itself, is called a slave.
I have reached the critical mass in me to take this up on my own, any legal advice and moral support from you guys would be appreciated.
Thanks
more...
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snthampi
07-31 12:01 AM
Thanks Thampi, people let us post some more avoidance techniques to be used subtle or not, this is a scourge we need to get rid of.
Keep going man. We are all adults and just trying to be funny. No one needs get upset over this. It is ok if the Amway/Quickstar guys get upset, because they upset us once in a while.
Keep going man. We are all adults and just trying to be funny. No one needs get upset over this. It is ok if the Amway/Quickstar guys get upset, because they upset us once in a while.
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sertasheep
07-04 12:47 PM
amitjoey, janakp, tikka, macaca, others, please check your email or Private messages for a proposed conf call for some of the key members from IV
more...
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snathan
05-01 11:05 PM
And who told you that they are being opressed - have you been to Sri Lanka and if yes which places did you visit to see the Tamils being opressed .
The terrorists who come to fight in J&K from Pak say they are fighting because Indian Army and govt is opressing the Muslims . Is that true also ?
Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.
If you are so ignorant no one can help you. In SL everything started because of singala opression and chavinisim. But its not the case with J&K. The Pak govt wants J&K and thats how started here. One does not need to go the battle field to understand whats going on there.
----------------------------------------------------------------------------------
Desperate to escape the warzone in Sri Lanka, a group of 21 people set out from Mulaitivu on April 21. Among them was eight-month-old Kuberan who was feeding on his mother's milk when she died. His family was on a boat with 20 others.
Each one was hoping for safety and the chance of a better life in Rameshwaram, nine hours away. But they got lost and soon they ran out of food and water. One by one 10 people died of hunger and dehydration and their bodies were thrown into the sea.
Lost at sea they finally landed on the Kakinada cost of Andhra Pradesh, but only 11 reached alive.
Kuberan in Hindu mythology means the 'Lord of Wealth'. But this eight-month-old is anything but that. He is the face of the tragic conflict in north Sri Lanka, symbolic of a future and a paradise lost.
"When we were in Sri Lanka, my father died, then my younger sister died, and then my wife. We were trying to escape to save our lives," said S Jagadeeswaran, one of the refugees.
In the last three months, at least 50 boats with Tamil civilians have left Mullaiteevu for Rameshwaram. But no one knows how many of them survived.
"My daughter was in my arms, my lap and she died right there," said Niranjana, a refugee.
Thus, the Sri Lankan civilians who tried to escape the violence, were washed up on India's shores.
The terrorists who come to fight in J&K from Pak say they are fighting because Indian Army and govt is opressing the Muslims . Is that true also ?
Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.
If you are so ignorant no one can help you. In SL everything started because of singala opression and chavinisim. But its not the case with J&K. The Pak govt wants J&K and thats how started here. One does not need to go the battle field to understand whats going on there.
----------------------------------------------------------------------------------
Desperate to escape the warzone in Sri Lanka, a group of 21 people set out from Mulaitivu on April 21. Among them was eight-month-old Kuberan who was feeding on his mother's milk when she died. His family was on a boat with 20 others.
Each one was hoping for safety and the chance of a better life in Rameshwaram, nine hours away. But they got lost and soon they ran out of food and water. One by one 10 people died of hunger and dehydration and their bodies were thrown into the sea.
Lost at sea they finally landed on the Kakinada cost of Andhra Pradesh, but only 11 reached alive.
Kuberan in Hindu mythology means the 'Lord of Wealth'. But this eight-month-old is anything but that. He is the face of the tragic conflict in north Sri Lanka, symbolic of a future and a paradise lost.
"When we were in Sri Lanka, my father died, then my younger sister died, and then my wife. We were trying to escape to save our lives," said S Jagadeeswaran, one of the refugees.
In the last three months, at least 50 boats with Tamil civilians have left Mullaiteevu for Rameshwaram. But no one knows how many of them survived.
"My daughter was in my arms, my lap and she died right there," said Niranjana, a refugee.
Thus, the Sri Lankan civilians who tried to escape the violence, were washed up on India's shores.
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whatamidoinghere
02-13 10:47 PM
I am following this discussion and it is interesting. Here is what I get so far.
USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.
1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?
2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?
I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.
Another thing that is hard to understand is that if EB3 ROW is getting all the unused visas, how did EB2 move forward two years in 2006? It was moving 6 months at a time till May-06. Did USCIS change the way they interpret the law in May-06? That would be weird, they should have done it when they declared in Nov-05 bulletin that AC21 provisions are not expected to apply.
It is possible that USCIS is allocating unused EB2 visas to EB2 India and China after all, and it is not moving forward only because of backlogged EB2 Labors getting approved. We will know for sure in a few months. There are still several 2001 EB2 Non-RIR cases in the backlog as per
http://www..com/usa-immigration-trackers/dallas-backlog-tracker/
USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.
1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?
2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?
I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.
Another thing that is hard to understand is that if EB3 ROW is getting all the unused visas, how did EB2 move forward two years in 2006? It was moving 6 months at a time till May-06. Did USCIS change the way they interpret the law in May-06? That would be weird, they should have done it when they declared in Nov-05 bulletin that AC21 provisions are not expected to apply.
It is possible that USCIS is allocating unused EB2 visas to EB2 India and China after all, and it is not moving forward only because of backlogged EB2 Labors getting approved. We will know for sure in a few months. There are still several 2001 EB2 Non-RIR cases in the backlog as per
http://www..com/usa-immigration-trackers/dallas-backlog-tracker/
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tw00ne
07-23 10:35 AM
Is unclear to me what the law is for those 2 cases
1) You are with the employer that sponsored I140 and you get GC.
2) You use AC21 and move to employer B and get you GC while at employer B.
In both cases more than 6 months have lapsed since the I485 filling
And the question is...:
Are you free, after getting the GC, to move to another company or you need to stay with current employer for a certain amount of time?
How would USCIS know if you moved?
1) You are with the employer that sponsored I140 and you get GC.
2) You use AC21 and move to employer B and get you GC while at employer B.
In both cases more than 6 months have lapsed since the I485 filling
And the question is...:
Are you free, after getting the GC, to move to another company or you need to stay with current employer for a certain amount of time?
How would USCIS know if you moved?
nk2
09-23 11:53 AM
This is a good idea. I will send the emails.
Munna Bhai
02-15 11:49 AM
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?
Follow what Bestia says. What Bestia meant is that, you should send your personnal cheques so that you can track it. Yes, there are good chances of AOS approval because that is normal thing, unless you are out-of-status or if your employer is in black list. No one knows how long it will take to get a GC but do look for other options like EAD etc.
Hope this helps. Ask as many questions as you have, we will do our best to answer.
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?
Follow what Bestia says. What Bestia meant is that, you should send your personnal cheques so that you can track it. Yes, there are good chances of AOS approval because that is normal thing, unless you are out-of-status or if your employer is in black list. No one knows how long it will take to get a GC but do look for other options like EAD etc.
Hope this helps. Ask as many questions as you have, we will do our best to answer.
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