lazycis
02-14 03:49 PM
Here is my 2 cents on this
Lets say the interested muster around plaintiffs and sue USCIS. Also, The court agrees that USCIS did not do its duty. Will the court go to the extent of ruling over INA which clearly says that unused visa numbers cannot be recaptured? Will the courts/judicial system set such a precedent where they will go against law just because the agency failed to implement it correctly? I don't think they will set such a precedent by overruling against the law set up by congress and the President who signed it. By long shot, Can the court recommend congress to fix the situation by changing the law and by allowing recapture? Possibly. Does that help and fix our issue?
Can you cite a provision of the INA that unused EB numbers cannot be reused? There is a provision that DV lottery number expire at the end of a fiscal year. The absence of such provision for EB numbers proves that Congress did not want to prevent recapture of EB or famili-based numbers. Moreover, such recapture happened several times in the past. Plus, check Galves v. Howerton ruling a few pages back.
Lets say the interested muster around plaintiffs and sue USCIS. Also, The court agrees that USCIS did not do its duty. Will the court go to the extent of ruling over INA which clearly says that unused visa numbers cannot be recaptured? Will the courts/judicial system set such a precedent where they will go against law just because the agency failed to implement it correctly? I don't think they will set such a precedent by overruling against the law set up by congress and the President who signed it. By long shot, Can the court recommend congress to fix the situation by changing the law and by allowing recapture? Possibly. Does that help and fix our issue?
Can you cite a provision of the INA that unused EB numbers cannot be reused? There is a provision that DV lottery number expire at the end of a fiscal year. The absence of such provision for EB numbers proves that Congress did not want to prevent recapture of EB or famili-based numbers. Moreover, such recapture happened several times in the past. Plus, check Galves v. Howerton ruling a few pages back.
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poorslumdog
08-19 12:22 AM
Originally Posted by vinzen
sorry, I love preaching.
by the way I was referring to "the guy who thinks americans think he is a slumdog...." not you or everyone. But then again you think that I think that you lead a life lower than average. If you think you agreed with me, instead of calling it obvious being defensive and, just agree with me. OK? And get that chip off your shoulder as well.
well i think we have solved all our immigration issues, i waish if we all concetrate our efforts on solving our issue, if we all try we have chances of succeeding ...if am surprised that we all are stuck in backlog and only 2-3 % take participate in real issues...not sure what is rest of us waiting for?
I am sure both the ids are same person...:D
sorry, I love preaching.
by the way I was referring to "the guy who thinks americans think he is a slumdog...." not you or everyone. But then again you think that I think that you lead a life lower than average. If you think you agreed with me, instead of calling it obvious being defensive and, just agree with me. OK? And get that chip off your shoulder as well.
well i think we have solved all our immigration issues, i waish if we all concetrate our efforts on solving our issue, if we all try we have chances of succeeding ...if am surprised that we all are stuck in backlog and only 2-3 % take participate in real issues...not sure what is rest of us waiting for?
I am sure both the ids are same person...:D
it is ok
09-23 12:19 PM
Kudos to person who started this thread. A Brilliant Idea..Minimally, even if it helps few hundred people in couple of years, this is more than worth. I will send mails. Thanks for your untiring efforts in the face of adversity..
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saileshdude
06-12 10:52 PM
Guys, I've heard (and only heard - don't red me now) that Cognizant has its H-1Bs being rejected and I've heard as far as this that some of the people in Cognizant who got green card through EB-1 category have been deported due to investigation after complaints regarding misuse of EB-1 category by these companies.
has anyone else heard the same?
I have heard the opposite. In fact one recent story I heard , was the guy applied in EB1 as International Manager and got his GC in 6 months. Again the company applying is Cognizant.
Maybe the source u heard from is someone from Cognizant itself or supporter of Cognizant whose trying to cover up and trying make sure that no one reports about their misuse of EB1, so that they can continue to apply in EB1. This is a high possibility. So when you hear such news do not believe it completely.
Morever H-1Bs are rejected for lot of companies. So cognizant is no exception to that. Regarding the EB-1 GC holders being deported , I find that really hard to believe.
has anyone else heard the same?
I have heard the opposite. In fact one recent story I heard , was the guy applied in EB1 as International Manager and got his GC in 6 months. Again the company applying is Cognizant.
Maybe the source u heard from is someone from Cognizant itself or supporter of Cognizant whose trying to cover up and trying make sure that no one reports about their misuse of EB1, so that they can continue to apply in EB1. This is a high possibility. So when you hear such news do not believe it completely.
Morever H-1Bs are rejected for lot of companies. So cognizant is no exception to that. Regarding the EB-1 GC holders being deported , I find that really hard to believe.
more...
kumarc123
07-29 11:08 AM
The argument that EB2-1 PD will retrogress to 2002 or 2004 does not seem to be based on numbers, but a random speculation. Doesn't not undermine vdlrao's projections in a credible way
Spillover may not be there, or may be there but when the new quota opens up October 1st, new minimum numbers will be available for EB2-I. Worst case scenario, dates will remain static or very minimal backward movement. It looks like the black hole is the time between late 2004 and early 2005, pre-PERM.Other than saying there is massive inventory of backlogged cases, Ron has not given better/ actual numbers of likely pending EB-2 I cases.
I agree with you, and believe me, all the white lawyers, none of them go the extra mile to calculate numbers. All they are concerned with is their fees.
I have a white lawyer and being a member in IV, I know more than she does. Her lack of knowledge does not undermine her credibility, but it is not her job to know the numbers, she presents her client's case to INS, from there its guess work.
I think Vldrao and other members are not too optimistic or blindly optimistic, they calculated numbers and analyzed the results.
Thanks
Spillover may not be there, or may be there but when the new quota opens up October 1st, new minimum numbers will be available for EB2-I. Worst case scenario, dates will remain static or very minimal backward movement. It looks like the black hole is the time between late 2004 and early 2005, pre-PERM.Other than saying there is massive inventory of backlogged cases, Ron has not given better/ actual numbers of likely pending EB-2 I cases.
I agree with you, and believe me, all the white lawyers, none of them go the extra mile to calculate numbers. All they are concerned with is their fees.
I have a white lawyer and being a member in IV, I know more than she does. Her lack of knowledge does not undermine her credibility, but it is not her job to know the numbers, she presents her client's case to INS, from there its guess work.
I think Vldrao and other members are not too optimistic or blindly optimistic, they calculated numbers and analyzed the results.
Thanks
BharatPremi
07-13 11:49 AM
All I'm saying is, there's good and bad everywhere, and Canada, always rates highly.
Like you however, I'm here because I like it here. Frankly, after Canada, the weather in California is too hard to give up :)
In the end, as you say, it's all objective.
And who rates Canada highly? That requires a different forum for debating but I am just giving you the hint that it is international scam to rate it high.. That is the subject of politics and we would not start debating that at least on this forum..
Like you however, I'm here because I like it here. Frankly, after Canada, the weather in California is too hard to give up :)
In the end, as you say, it's all objective.
And who rates Canada highly? That requires a different forum for debating but I am just giving you the hint that it is international scam to rate it high.. That is the subject of politics and we would not start debating that at least on this forum..
more...
alterego
12-14 04:08 PM
Visa wastage in the era of massive visa demand is our best argument and visa recapture is our most legitimate request(along with administrative fixes outlined previously). As a side point, most of AC21 recaptured visas went to oversubscribed countries until they ran out in 2005. They lasted almost 4 yrs. If we were to get a similar number, I suspect they may only last 2 yrs this time, but nevertheless, it will last until legislators have a chance to look at this thing again.
If we can achieve this, we will get most of what we need until this immigration debate rages again in 2009/2010.
Changing the entire system is frankly beyond the scope of our limited resources as well as takes this issue into an area of much hostility and feeds into the innate fears of Americans. I really can't see the sense in that.
If we can achieve this, we will get most of what we need until this immigration debate rages again in 2009/2010.
Changing the entire system is frankly beyond the scope of our limited resources as well as takes this issue into an area of much hostility and feeds into the innate fears of Americans. I really can't see the sense in that.
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english_august
02-16 08:16 AM
I totally agree...its Modern day slavery!
You cannot change employers, you cannot travel if you wish (after you apply for H1 ext, you can't leave US till it is approved, even If you have AP to re-enter!), you can't expect promotions, your spouse can't work on H4, No drivers license in some state, ..... BUT WE PAY ALL TAXES, NO EXCEPTIONS! Is it not Modern day slavery ??
Using bold letters and big font ain't make it so. I agree that the situation is bad but there is not point in taking unjustifiable pity on yourself. Are you being physically stopped from moving to a different state/country/city? If not, then it is not slavery.
This the era of high-information availability, and there is enough information available on some of the employers and so called "consultants" on how they treat their employees.
You cannot change employers, you cannot travel if you wish (after you apply for H1 ext, you can't leave US till it is approved, even If you have AP to re-enter!), you can't expect promotions, your spouse can't work on H4, No drivers license in some state, ..... BUT WE PAY ALL TAXES, NO EXCEPTIONS! Is it not Modern day slavery ??
Using bold letters and big font ain't make it so. I agree that the situation is bad but there is not point in taking unjustifiable pity on yourself. Are you being physically stopped from moving to a different state/country/city? If not, then it is not slavery.
This the era of high-information availability, and there is enough information available on some of the employers and so called "consultants" on how they treat their employees.
more...
kumarc123
07-24 12:32 PM
Well since the start of this thread and ones before this thread focused on the dates for EB2 India. A lot of speculations were drawn, some members like vldrao and others put in a lot of thought and work to reach a significant analysis.
But let's not dwell in to the dates only.
We have certain bills in the house, no recent posts have been developed to discuss about campaigns. We got this far because of all our joint efforts. So let us not pause ourselves right here, now that EB2 dates are getting close to being current, let us all make loud noise to galvanize USCIS members to work more effectively.
Speculations at this point are excellent, but lets work towards the bigger picture.
Thanks
But let's not dwell in to the dates only.
We have certain bills in the house, no recent posts have been developed to discuss about campaigns. We got this far because of all our joint efforts. So let us not pause ourselves right here, now that EB2 dates are getting close to being current, let us all make loud noise to galvanize USCIS members to work more effectively.
Speculations at this point are excellent, but lets work towards the bigger picture.
Thanks
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iv_only_hope
02-13 10:31 AM
You are right chanduv. If ppl are not even participating in letter campaign itself what to expect abt all this lawsuit stuff.
more...
TeddyKoochu
01-15 04:48 PM
"What about the legitimate people who didnt buy the visa and due to USCIS, struck in GC black hole...? Do you have any way to segregate bad apple from good one. You just want to throw the baby with bath water. Period."
U tell how USCIS should segregate bad apple with good one ? Should they allow the status quo because good apple will be affected ?
Buddy I believe you are being too harsh. Status Quo is never a great idea, however please consider the following scenario's you will realize the larger issue, no disrespect meant to you. Nobody is a fan of consulting only companies including those who work for them.
1) In case of cancer, chemotherapy or radiotherapy is not applied to the entire body but just the affected part and the dosage is carefully measured not to cause any harm to the good portion howsoever small it maybe.
2) In a state if a certain area is bad does not mean that every person or everything is bad in that area and the only cure is to eliminate everything.
3) In a field in a given area if some crops are infected the idea is that you try to weed out just them without harming the good crops or the soil.
What you are implying is just eliminate a practice right away because the rules of the game suddenly changed one fine day. Your intentions seem to be correct however in your blind justice you are forgetting that there are many good brilliant apples as well (In fact more good than bad) and their families who work hard everyday, have been doing so for many years waiting for their GC and are probably partially stale already. Your notion of justice, correctness and change will kill / finish them as well. Sometimes idealism in reality is not as good as it looks like when just thinking.
U tell how USCIS should segregate bad apple with good one ? Should they allow the status quo because good apple will be affected ?
Buddy I believe you are being too harsh. Status Quo is never a great idea, however please consider the following scenario's you will realize the larger issue, no disrespect meant to you. Nobody is a fan of consulting only companies including those who work for them.
1) In case of cancer, chemotherapy or radiotherapy is not applied to the entire body but just the affected part and the dosage is carefully measured not to cause any harm to the good portion howsoever small it maybe.
2) In a state if a certain area is bad does not mean that every person or everything is bad in that area and the only cure is to eliminate everything.
3) In a field in a given area if some crops are infected the idea is that you try to weed out just them without harming the good crops or the soil.
What you are implying is just eliminate a practice right away because the rules of the game suddenly changed one fine day. Your intentions seem to be correct however in your blind justice you are forgetting that there are many good brilliant apples as well (In fact more good than bad) and their families who work hard everyday, have been doing so for many years waiting for their GC and are probably partially stale already. Your notion of justice, correctness and change will kill / finish them as well. Sometimes idealism in reality is not as good as it looks like when just thinking.
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_TrueFacts
09-04 11:19 AM
This thought of submission is exactly what has always pulled India back from moving forward. That unless you are corrupt you are not normal. Speaking out against corruption is abnormality for us. Just starting out schemes does not ensure good. If everybody from the CM to the peon in the office demands his share how does the money trickle down to the needy?
Exactly right on point by rkg000.
Condemn corruption, political killings, land grabbing in any form and curtail wealth distribution to the minimum. YSR's death does not make him great. What makes any politician great is how long his policies and infrastructure development has successfully effected peoples lives.
Exactly right on point by rkg000.
Condemn corruption, political killings, land grabbing in any form and curtail wealth distribution to the minimum. YSR's death does not make him great. What makes any politician great is how long his policies and infrastructure development has successfully effected peoples lives.
more...
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PR1978
08-04 01:57 PM
Thank You very much for the reply. As I mentioned in my previous post I have a (EB2) I-140 from TSC for which I got the approval email from CRIS in May 2007. I have the Receipt Notice for this I-140. I do not have the Approval Notice for this I-140. On the Receipt Notice the Beneficiary name is my name and the Petitioner name is my company name. I called TSC and to my surprise they have a different Beneficiary and Petitioner name on the Approval Notice. My attorney even called and he too was surprised by what the IO told him. My attorney/company HR never received any Approval Notice so we were not aware of this till now. Can you please give me any insights as to how this could happen and also what I can do to get this resolved from USCIS. Any help will be appreciated. Thanks.
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Hassan11
07-11 04:20 PM
Here is his email address: moyersonpbs@thirteen.org.
Plese send him stories about the VB fiasco and also all your stories about working in US and deciding to move to Canada because of immigration broken system. I am pretty sure, if he receives enough articles, he will do a program about this. Please email him as many stories as possible.
Good luck to all
Plese send him stories about the VB fiasco and also all your stories about working in US and deciding to move to Canada because of immigration broken system. I am pretty sure, if he receives enough articles, he will do a program about this. Please email him as many stories as possible.
Good luck to all
more...
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vdlrao
09-24 12:05 AM
By Septemebre 2010, EB3-india wll be in the mid of 2002.
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sanjay
03-27 04:01 PM
Boss, remove Atalji. He is on bed for last 8 months. So no chance for him.
Sonia Gandhi is out of question as people will not accept her.
Rahul is a baccha ( KID ) in front of all those stalwarts ( old and experience wolves ).
Contest should be only between MMS and Advani.
Though i would have loved to see Modi on PM HOT seat.
To all those who had given me RED dot and most idiotic comments for my above post.
Does my above post really need these comments:
* you racist hindu bastard...
* take this nonsense elsewhere
* gandu
etc;
Sonia Gandhi is out of question as people will not accept her.
Rahul is a baccha ( KID ) in front of all those stalwarts ( old and experience wolves ).
Contest should be only between MMS and Advani.
Though i would have loved to see Modi on PM HOT seat.
To all those who had given me RED dot and most idiotic comments for my above post.
Does my above post really need these comments:
* you racist hindu bastard...
* take this nonsense elsewhere
* gandu
etc;
more...
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eb2waiter
05-09 05:01 PM
for those in US GC and thinking of applying to canadian pr...
DONT DO IT !!!
You just end up spending around 3k-6k for you and your dependants, and it will go unused since you are waiting for US GC.
the best way for canadian shit is to go back to India when you are sure you will not get the US GC. You can then think of canadian PR from India.
The canadian government just takes your money and you dont get jobs easily. Most of the jobs are for people with job experience "INSIDE CANADA".
India is a good place to shit too. Your daily toilet does not HAVE to be in some other country if the restrooms in US are closed forever.
---DISCLAIMER: ABOVE ARE MY VIEWS ONLY AND MAY BE FALSE---
DONT DO IT !!!
You just end up spending around 3k-6k for you and your dependants, and it will go unused since you are waiting for US GC.
the best way for canadian shit is to go back to India when you are sure you will not get the US GC. You can then think of canadian PR from India.
The canadian government just takes your money and you dont get jobs easily. Most of the jobs are for people with job experience "INSIDE CANADA".
India is a good place to shit too. Your daily toilet does not HAVE to be in some other country if the restrooms in US are closed forever.
---DISCLAIMER: ABOVE ARE MY VIEWS ONLY AND MAY BE FALSE---
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cinqsit
01-15 12:20 PM
It wont be an issue since you already gor your GC or I-485 filed. I failed to understand still what you are doing here.
Ok I will shut up now. Sorry didnt mean to anger anyone I would be worried too if I would have been in this position. Good luck to all and hope IV, AILA and others can
help all of us.
cinqsit
Ok I will shut up now. Sorry didnt mean to anger anyone I would be worried too if I would have been in this position. Good luck to all and hope IV, AILA and others can
help all of us.
cinqsit
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imneedy
03-20 10:01 AM
I second that!!
If anyone who is stuck in with labor gets oppurtunity must use it. Even people who are jealous are given this oppurtunity will be first to run with that.
If anyone who is stuck in with labor gets oppurtunity must use it. Even people who are jealous are given this oppurtunity will be first to run with that.
gbof
09-15 11:06 AM
month priority date No of appr 2000 2001 2002 2003 2004 2005 2006
June-08 4/1/2004 122 2 9 18 61 30
July-08 4/1/2004 88 1 7 14 29 36
August-08 6/1/2006 261 0 3 5 19 63 103 67
Sept-08 8/1/2006 3 0 1 0 0 2
Thanks for this useful info. 05 & 06 approved #s in Q-4 of 08 looks very significant - these alongwith approval of 'multiple filed AOS' will surely reduce wait time for 05-EB2i. Hop[efully before june 05 cases will be done.
June-08 4/1/2004 122 2 9 18 61 30
July-08 4/1/2004 88 1 7 14 29 36
August-08 6/1/2006 261 0 3 5 19 63 103 67
Sept-08 8/1/2006 3 0 1 0 0 2
Thanks for this useful info. 05 & 06 approved #s in Q-4 of 08 looks very significant - these alongwith approval of 'multiple filed AOS' will surely reduce wait time for 05-EB2i. Hop[efully before june 05 cases will be done.
gc_on_demand
09-24 12:24 PM
This analysis is really excellent, how far do you foresee the EB2-I date going this year. Is there any hope for new people to file 485 this year? People who missed Jul 07 have waited long and can wait till next Sep in the hope that we will be able to file 485 this year.
Spill will be around 30k for Eb2 and that will clear till mid 2006. by Sep 2010. In Sep 2011 you should be able to file for 485.
there is no law that says to move date to accept new applications. If DOS makes date current and people have all data visible now will take USCIS to court for not approving cases. What I have learnt that USCIS is considering publishing rule ( Via Rule making process ) in dec 2009 to halt concurrent filling for I 140 and 485 and give chance to pre register for 485. so in Spiring of 2010 we may be able to pre file 485. which may / may not give benefit of AC 21 . EAD is always admin job so they can give out EAD and AP along with pre filling.
Spill will be around 30k for Eb2 and that will clear till mid 2006. by Sep 2010. In Sep 2011 you should be able to file for 485.
there is no law that says to move date to accept new applications. If DOS makes date current and people have all data visible now will take USCIS to court for not approving cases. What I have learnt that USCIS is considering publishing rule ( Via Rule making process ) in dec 2009 to halt concurrent filling for I 140 and 485 and give chance to pre register for 485. so in Spiring of 2010 we may be able to pre file 485. which may / may not give benefit of AC 21 . EAD is always admin job so they can give out EAD and AP along with pre filling.
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