EndlessWait
07-10 11:36 AM
bbye monseiur!
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vdlrao
07-29 12:15 AM
However, these students are not completely exempted from the H1B quota for each year. Whatever, if PERM filing in year 2008 has witnessed 46% drop since 2007 ... it tells us a lot.
I presume the decrease in labour filing in 2008 might be a possibility due to the offshore Indian companies which shifting to H1B sponsorship instead of L1 sponsorship. Because most of the L1s being rejected with these companies recently. So they switching to H1 sponsorship. And obviously they normally dont sponsor GC. So this is just my thinking on why the labor filings decreased in 2008 compared to 2007.
http://www.myvisajobs.com/reports/Sponsor/Top500_h1b_visa_sponsor_2005.pdf
I presume the decrease in labour filing in 2008 might be a possibility due to the offshore Indian companies which shifting to H1B sponsorship instead of L1 sponsorship. Because most of the L1s being rejected with these companies recently. So they switching to H1 sponsorship. And obviously they normally dont sponsor GC. So this is just my thinking on why the labor filings decreased in 2008 compared to 2007.
http://www.myvisajobs.com/reports/Sponsor/Top500_h1b_visa_sponsor_2005.pdf
villamonte6100
02-18 11:17 AM
(1) There was no shortage of laypeople and even attorneys who asserted that "USCIS isn't doing anything wrong they are just following the law" when it came to FBI name checks. Fortunately for all of us sharper legal brains and sharper judges prevailed, and brought us to this happy day.
(2) On Class Actions: Villamonte, have you read the Mocanu decision (http://www.bibdaily.com/pdfs/Mocanu%202-8-08%20LEXIS.pdf)? If not I encourage you to do so -- that was just individual cases being consolidated, but the situation is not very different -- you should pay particular attention to the part where Judge Baylson recommends a multi-district class action litigation to deal with all the other name check cases (see p. 16, para numbered 6).
The parallels between the those cases and the one being proposed are very strong.
Judge Baylson is not the only judge who has recommended a class action approach to these issues. IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.
(3) Preliminary Ideas on the Grounds for Suing (courtesy lazycis):
The grounds for suing USCIS is the same as in Gonzalez v Howerton -- (a) interpreting the law incorrectly (b) not following the statutory requirement that they use up all the greencards available in a given year and therefore being guilty of affirmative misconduct. At the very least, a judge is within his rights to make them make amends -- by recapturing 2003-2004 EB greencards, since they wasted them as a result of their affirmative misconduct -- they waited for name checks or simply not processing applications - no one can say there wasn't an application backlog in 2003-2004.
(4) First Steps
What we need here is to get this matter before a good legal strategist who is familiar with (a) the two sources of affirmative misconduct (FBI name checks and cessation of processing in 2003-2004) (b) precedents and caselaw (note that most immigration law firms are good with filing paperwork, but not necessarily complex litigation, so forget about the usual suspects.) The perfect legal argument will not sprout up immediately. In the same way that the legal arguments in the name check cases were honed over time (lazycis can confirm this), this too will need some serious research and thinking.
Those of you who want everything about this case sorted out, signed, sealed, guaranteed and delivered this week will need a reality check. :)
As will those of you who think that the way to approach this is to discuss these issues without familiarizing yourself with facts and legal precedents in some detail (so arguments about slavery etc are not the ones that will win the day in court, it is arguments that can show that USCIS was not interpreting the law correctly and in doing so caused harm and that the harm can be remedied through recapture.) -- if you want to see how a case like this will work read Mocanu and Galvez. This case will not be a dramatic movie-style civil rights case about slavery, it will involve the most tedious sort of nitty gritty discussion of admin misconduct.
OTOH, for most of us, all we've got is time -- I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.
**: Yes, I've sent off my letters too. I think of these two things as complementary projects.
Neither of us are lawyers and I wouldn't even bother reading what you wrote. All I can say is, why don't you ask your immigration lawyer about this Class Action. Let's see what he says.
(2) On Class Actions: Villamonte, have you read the Mocanu decision (http://www.bibdaily.com/pdfs/Mocanu%202-8-08%20LEXIS.pdf)? If not I encourage you to do so -- that was just individual cases being consolidated, but the situation is not very different -- you should pay particular attention to the part where Judge Baylson recommends a multi-district class action litigation to deal with all the other name check cases (see p. 16, para numbered 6).
The parallels between the those cases and the one being proposed are very strong.
Judge Baylson is not the only judge who has recommended a class action approach to these issues. IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.
(3) Preliminary Ideas on the Grounds for Suing (courtesy lazycis):
The grounds for suing USCIS is the same as in Gonzalez v Howerton -- (a) interpreting the law incorrectly (b) not following the statutory requirement that they use up all the greencards available in a given year and therefore being guilty of affirmative misconduct. At the very least, a judge is within his rights to make them make amends -- by recapturing 2003-2004 EB greencards, since they wasted them as a result of their affirmative misconduct -- they waited for name checks or simply not processing applications - no one can say there wasn't an application backlog in 2003-2004.
(4) First Steps
What we need here is to get this matter before a good legal strategist who is familiar with (a) the two sources of affirmative misconduct (FBI name checks and cessation of processing in 2003-2004) (b) precedents and caselaw (note that most immigration law firms are good with filing paperwork, but not necessarily complex litigation, so forget about the usual suspects.) The perfect legal argument will not sprout up immediately. In the same way that the legal arguments in the name check cases were honed over time (lazycis can confirm this), this too will need some serious research and thinking.
Those of you who want everything about this case sorted out, signed, sealed, guaranteed and delivered this week will need a reality check. :)
As will those of you who think that the way to approach this is to discuss these issues without familiarizing yourself with facts and legal precedents in some detail (so arguments about slavery etc are not the ones that will win the day in court, it is arguments that can show that USCIS was not interpreting the law correctly and in doing so caused harm and that the harm can be remedied through recapture.) -- if you want to see how a case like this will work read Mocanu and Galvez. This case will not be a dramatic movie-style civil rights case about slavery, it will involve the most tedious sort of nitty gritty discussion of admin misconduct.
OTOH, for most of us, all we've got is time -- I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.
**: Yes, I've sent off my letters too. I think of these two things as complementary projects.
Neither of us are lawyers and I wouldn't even bother reading what you wrote. All I can say is, why don't you ask your immigration lawyer about this Class Action. Let's see what he says.
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Kodi
05-12 04:22 PM
Read my previous posts where I said tamils that doesn't live in the war areas lead life just as other nationalities. Its my fault that I didn't mention it again.
Ofcourse people in yalpanam and triconmole are leading a hard life due to the war. Yes, I was in trincomalee just 3 years ago when they re-opened A9. I'm not talking about tamils in the areas where the war is going on. Who chased the sinhala and muslims from those areas? Its was the LTTE that pretty much ruled those areas till now.
Are you saying tamils are discriminated in Colombo?
What I'm saying is if tamils are discriminated then they would be all over the country.
Ofcourse people in yalpanam and triconmole are leading a hard life due to the war. Yes, I was in trincomalee just 3 years ago when they re-opened A9. I'm not talking about tamils in the areas where the war is going on. Who chased the sinhala and muslims from those areas? Its was the LTTE that pretty much ruled those areas till now.
Are you saying tamils are discriminated in Colombo?
What I'm saying is if tamils are discriminated then they would be all over the country.
more...
smuggymba
07-21 07:00 PM
A guy approached me in Walmart (he had nothing in his cart) and said - are you from india? Where do you work? Where do u live? What's you fone number.......all this happened in a matter of 2 mins. We has just moved to a new city and thought he is a nice guy and gave our phone number.............BIG MISTAKE....got a fone call 3 days later to talk about a business plan............OMG...worst hr of my life.
Then I met one couple in their 40s in IKEA and they said - I've see you before....it immediately struck to me and I said - Are you from quickstar............ROFL.
These ppl are a pain. Avoid Amway/Quixtar and any pyramid ponzi scheme.
People like these give desis a bad name. Ignore them.
Then I met one couple in their 40s in IKEA and they said - I've see you before....it immediately struck to me and I said - Are you from quickstar............ROFL.
These ppl are a pain. Avoid Amway/Quixtar and any pyramid ponzi scheme.
People like these give desis a bad name. Ignore them.
snram4
01-15 04:23 PM
Probably you may be receiving green dots from the members who are from non-bodyshoppers and red dots from the persons who are working in bodyshoppers. Basically every individual want a law which is favourable for him. If it is against him he will oppose even if that is correct. It is normal.
I'm not sure why ppl gave me red for posting a business practice of desi dallas.
Can you please tell me if what I posted is wrong or you just don't want to accept the facts?
I trust the talent of desi dallas, they will come up with a way to circumvent this
Their other talent includes asking some part of money from the employee from their salary every month so that they can give them money when they are on bench. They are genius. They come up with some serious fun stuff
I'm not sure why ppl gave me red for posting a business practice of desi dallas.
Can you please tell me if what I posted is wrong or you just don't want to accept the facts?
I trust the talent of desi dallas, they will come up with a way to circumvent this
Their other talent includes asking some part of money from the employee from their salary every month so that they can give them money when they are on bench. They are genius. They come up with some serious fun stuff
more...
sargon
03-28 01:45 AM
What is the relevance of such long boring rant on an immigration website? What's worse, its not even your original composition. Just some cut and paste from other websites. Cease and desist from such behavior.
http://news.rediff.com/column/2009/mar/27/guest-column-tarun-vijay-on-dynasty-and-the-varun-effect.htm
...
And then they say, they are the future of India.
http://news.rediff.com/column/2009/mar/27/guest-column-tarun-vijay-on-dynasty-and-the-varun-effect.htm
...
And then they say, they are the future of India.
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jonty_11
06-28 05:16 PM
ok u guys have forced me to pose the same question to my HR/Attorney...awaiting response.
more...
mallu
02-16 03:24 PM
According to first post in following thread ,
http://immigration-information.com/forums/showthread.php?t=4285
attorney Ron Gotcher says ( he got info ),
"
Last night, at a meeting of the American Immigration Lawyer's Assocation Southern California chapter, Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:
* In April, India and China EB2 will be set at 12/01/2003
* EB3 for India and China will slow down for the rest of the fiscal year"
http://immigration-information.com/forums/showthread.php?t=4285
attorney Ron Gotcher says ( he got info ),
"
Last night, at a meeting of the American Immigration Lawyer's Assocation Southern California chapter, Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:
* In April, India and China EB2 will be set at 12/01/2003
* EB3 for India and China will slow down for the rest of the fiscal year"
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Macaca
01-28 07:35 AM
http://classifieds.sulekha.com/clad.aspx?cid=1493579&nma=BOM
I did not understand the meaning of this add. Please explain. Thanks!
I did not understand the meaning of this add. Please explain. Thanks!
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tamil12
05-02 04:12 PM
SL Aravas over pitched language loudness is the whole problem. Arava people want to devide the country there. Santhan that is why it doesn't make any sense. There are Malayalis also in SL but never created nuisance!
If you belive what jihadis is doing wrong in Kashmir. What aravas doing in SL is wrong.
The terrorism either Islamic or Tamil it is terrorism... I can't support a terrorist because he is having roots in India.
Why are you using the word Arava? Don't use that again in the forum..Behave your self.
If you belive what jihadis is doing wrong in Kashmir. What aravas doing in SL is wrong.
The terrorism either Islamic or Tamil it is terrorism... I can't support a terrorist because he is having roots in India.
Why are you using the word Arava? Don't use that again in the forum..Behave your self.
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BharatPremi
12-13 04:50 PM
It will be a waste of money. The US does not have to allow any immigration if it chooses so. Do you realize that getting a GC is not a right, but a privelege? It's a matter of grace and no court has jurisdiction to review if government says "no".
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?
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?
more...
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kshitijnt
03-29 11:20 PM
So am I , I'm sure so are may others on this forum and in India.
Like I said earlier, in my previous post I just summarized the performance of the last govt.So I'm sure you and others agree Congress won't get us where we want to be.(They didn't in last 5 years and look at my previous post to know where they got us)
But looking at what is unfolding in India these days our simple and realistic ideas some how seem very far fetched .
what's going on with Varun Gandhi?Current political scenario in India is kind of reminding emergency times. NSA has been invoked on Varun Gandhi.
Those politicians are making fun of law.They are using NSA to finish political opponents.
NSA is meant for nation's enemies not for politician's enemies.
During emergency time a nation when asked to bend crawled.Hope nation stands up against the similar kind of abuse this time.
Looks like if we have power in India we can do anything we want. No wonder all the successful film stars are jumping into politics at least in Tollywood.
It happens only in India.
Precisely. I fully agree. This is not much different than what Zardari is doing to Sharif or what Musharraf has done to Sharif. Congress , BJP, BSP all together shown the world what kind of third rate democracy we are.
Although Advani does not sound more polished than Manmohan, until Sonia, Rahul, Priyanka & Varun are out of politics, I do not intend to support Congress party. On what basis is Sonia Gandhi running the country? Any qualifications? Advani is more acceptable as a real power holder than remote control Sonia.
Like I said earlier, in my previous post I just summarized the performance of the last govt.So I'm sure you and others agree Congress won't get us where we want to be.(They didn't in last 5 years and look at my previous post to know where they got us)
But looking at what is unfolding in India these days our simple and realistic ideas some how seem very far fetched .
what's going on with Varun Gandhi?Current political scenario in India is kind of reminding emergency times. NSA has been invoked on Varun Gandhi.
Those politicians are making fun of law.They are using NSA to finish political opponents.
NSA is meant for nation's enemies not for politician's enemies.
During emergency time a nation when asked to bend crawled.Hope nation stands up against the similar kind of abuse this time.
Looks like if we have power in India we can do anything we want. No wonder all the successful film stars are jumping into politics at least in Tollywood.
It happens only in India.
Precisely. I fully agree. This is not much different than what Zardari is doing to Sharif or what Musharraf has done to Sharif. Congress , BJP, BSP all together shown the world what kind of third rate democracy we are.
Although Advani does not sound more polished than Manmohan, until Sonia, Rahul, Priyanka & Varun are out of politics, I do not intend to support Congress party. On what basis is Sonia Gandhi running the country? Any qualifications? Advani is more acceptable as a real power holder than remote control Sonia.
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gdilla
07-11 06:46 PM
Canada has several professional football teams. Infact, the CFL is the oldest professional sports league in North America, predating the NHL, NFL, NBA, and MLB. Even the first NBA game ever was played in Canada. I guess you mean Canada has no NFL team? Then yes, you're right. Canadian football is a better game, with 3 downs for 10 yards instead of 4, and a longer, narrower field (means more passing then running).
Hi congrats and good luck !!!
but, remember Once an American Always an American !!!
Live free or Die !!!
Please, do come back , when they fix immigration system... America does need skilled talented professionals like you to compete against outsourcing in a flat world.
and remember Canada does not yet has a professional football team, go patriots !!!
Hi congrats and good luck !!!
but, remember Once an American Always an American !!!
Live free or Die !!!
Please, do come back , when they fix immigration system... America does need skilled talented professionals like you to compete against outsourcing in a flat world.
and remember Canada does not yet has a professional football team, go patriots !!!
more...
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skrish
09-25 11:48 AM
The logic is that you are 'putting down roots' by buying a house. If all it takes is proof of closing a mortgage, one could always turn around and sell the house. somethng like that would undermine the credibility of IV in the medium/long run.
I had initially advocated treating first time home buying as the same as marriage to an American citizen. In my opinion, that is a short,sweet,simple and sensible approach to follow that will also resonate/stick in lawmakers minds (rather than a long,rambling letter, no offense meant to the writers, it was quite well put together).
I had initially advocated treating first time home buying as the same as marriage to an American citizen. In my opinion, that is a short,sweet,simple and sensible approach to follow that will also resonate/stick in lawmakers minds (rather than a long,rambling letter, no offense meant to the writers, it was quite well put together).
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iv_only_hope
07-21 09:20 PM
Ron gotcher says dates will go back yesteryears:
"Most likely, India E2 will retrogress in October back to late 2002 or early 2003. Don't count on rapid forward movement in the future."
He says he got this from DOS.
What abt this?
PS: I am just asking not arguing.
"Most likely, India E2 will retrogress in October back to late 2002 or early 2003. Don't count on rapid forward movement in the future."
He says he got this from DOS.
What abt this?
PS: I am just asking not arguing.
more...
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alterego
06-27 10:34 PM
My 2 cents.
USCIS does not control the PD dates, State dept does. The state dept will change the PD's to when it runs out of visas to provide USCIS.
Case 1: Assume USCIS and State dept are in close touch over the currently approvable I-485s which can consume visas starting July 1
If USCIS has 40K such approvable apps, then the State Dept (being in close coordination with USCIS abt numbers) would have just moved the dates to Nov 2005 for EB-2 India the date when it retrogressed and similarly to the date when EB-3 retrogression first happened for India.
The fact that they did not do this means they do not have the sufficient numbers of approvable ones. Now the new ones filed in June or July will not become approvable until at least 90 days. So if they are hoping that some of the "new" 485 petitions filed in June/July will be straightforward enuf to approve in 4 months, they have to keep dates at current at least until July end.
Case 2: USCIS and State dept are not coordinating "closely" over the approvable numbers
This means the State dept arbitrarily changed the dates to Current instead of consulting with USCIS that they have 40K approvable petitions. And why woudl they in that case make the numbers unavailable in mid-july in that case?
Lastly even if the numbers can become Unavailable it has to be announced by State Dept. So worst case scenario it can become "U" in July 11-15, which makes the claim by Matthew-OH that it can become unavailable in July first week itself ridiculous.
I suspect that at the end of last month they did not have a lot of approvable 485 cases that were BOTH:
1) Cleared namechecks.
and
2) From countries other than CHINDIA.
Hence they decided to move the dates to make use of the visa numbers. The majority of approvals you will see now will be those that conform to the above criteria. When they(the visas) are done they are done!
I don't expect to see any of the 485s filed now to get approved anytime soon unless for some strange reason dates remain current until Sept............then you might see a few lucky ones squeeze through. So new 485 filers hold your breath until atleast next year!
Come July 1st week, brace for a flood of celebratory postings online as the pre-approved cases get formally sent out letters.
Come October if not earlier it will be normal service resumed, with massively retrogressed dates for CHINDIA, and mild to moderate retrogression for ROW.
USCIS does not control the PD dates, State dept does. The state dept will change the PD's to when it runs out of visas to provide USCIS.
Case 1: Assume USCIS and State dept are in close touch over the currently approvable I-485s which can consume visas starting July 1
If USCIS has 40K such approvable apps, then the State Dept (being in close coordination with USCIS abt numbers) would have just moved the dates to Nov 2005 for EB-2 India the date when it retrogressed and similarly to the date when EB-3 retrogression first happened for India.
The fact that they did not do this means they do not have the sufficient numbers of approvable ones. Now the new ones filed in June or July will not become approvable until at least 90 days. So if they are hoping that some of the "new" 485 petitions filed in June/July will be straightforward enuf to approve in 4 months, they have to keep dates at current at least until July end.
Case 2: USCIS and State dept are not coordinating "closely" over the approvable numbers
This means the State dept arbitrarily changed the dates to Current instead of consulting with USCIS that they have 40K approvable petitions. And why woudl they in that case make the numbers unavailable in mid-july in that case?
Lastly even if the numbers can become Unavailable it has to be announced by State Dept. So worst case scenario it can become "U" in July 11-15, which makes the claim by Matthew-OH that it can become unavailable in July first week itself ridiculous.
I suspect that at the end of last month they did not have a lot of approvable 485 cases that were BOTH:
1) Cleared namechecks.
and
2) From countries other than CHINDIA.
Hence they decided to move the dates to make use of the visa numbers. The majority of approvals you will see now will be those that conform to the above criteria. When they(the visas) are done they are done!
I don't expect to see any of the 485s filed now to get approved anytime soon unless for some strange reason dates remain current until Sept............then you might see a few lucky ones squeeze through. So new 485 filers hold your breath until atleast next year!
Come July 1st week, brace for a flood of celebratory postings online as the pre-approved cases get formally sent out letters.
Come October if not earlier it will be normal service resumed, with massively retrogressed dates for CHINDIA, and mild to moderate retrogression for ROW.
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eastindia
01-19 10:08 AM
Question to everyone criticizing consulting companies
If you have a choice to have a EB3 2001 PD/EB2 2003 PD substitute labor from a consulting company, what will you do?
Will you not want to contact them and file your greencard through them?
So stop this bullshit about criticizing consulting companies. There are real human beings working in this those companies. Just because you do not work in consulting companies does not give you any right to post negative about them.
If you have a choice to have a EB3 2001 PD/EB2 2003 PD substitute labor from a consulting company, what will you do?
Will you not want to contact them and file your greencard through them?
So stop this bullshit about criticizing consulting companies. There are real human beings working in this those companies. Just because you do not work in consulting companies does not give you any right to post negative about them.
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apb
09-24 02:36 AM
brilliant idea...if some of us are able to get off the queue and give more visa numbers to others waiting helps everybody. Along with US homes being sold could add some value. Hats off to nixtor.
GCwaitforever
02-14 03:01 PM
Is there anybody in the 'YES' voters in Washinton DC (or near by) who could go and talk to Rajiv Khanna? If not, let us close this thread.
newuser
09-23 09:15 PM
E-mailed everyone on the list. Only one bounced ID.
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