MYGC2008
09-25 03:15 PM
I agree with you EB2ROW might have not got 20K visa in the past. That may be because economy was good, lot of EB1 apps, spillover not done properly etc.
But Why not this year? economy is still not good, less EB1 apps and probably USCIS might do the right spillover. It is only hope.
I don't think in any year EB2ROW has got 40K GC in the past, even when the economy was in good shape.
Does anyone has links for the annual GC issuance per country/per category for 2008. I missed the link.
The worst case scenario would be 20,000 max. That means EB2(I) will move to Mid or3 rd quarter of 2006 by end of 2010.
But Why not this year? economy is still not good, less EB1 apps and probably USCIS might do the right spillover. It is only hope.
I don't think in any year EB2ROW has got 40K GC in the past, even when the economy was in good shape.
Does anyone has links for the annual GC issuance per country/per category for 2008. I missed the link.
The worst case scenario would be 20,000 max. That means EB2(I) will move to Mid or3 rd quarter of 2006 by end of 2010.
wallpaper grey graffiti character
Imigrait
06-13 12:22 AM
look man wether anyone likes it or not fact is that jobs are going to two countries with a billion dollar plus population ... they are hardworking and they are verrrrrrrryyyyy hungry.... so even if you stop immigrants alltogether from coming to this country .. it does not matter. The jobs will simply go there (to China and India). After all the companies exist to serve their shareholders and not their employees and the simplest way to maximize profit is to cut cost. Simple!!! the outsourcing offshoring train has just started and there is no stopping it.
You may argue to some extent that the complexity of your job will provide your protection but the fact is management is always scared off complex functions that require expensive resources (i.e human beings) .. management will always want to break down your job to lowest common denominator so that it can be shipped or done at lower cost. For that they will be willing to go all the way - including changing technology , buying into marketing BS or spending millions of dollars.
Also if the american market dies is that going to be a very big deal ? not anymore .. the domestic market of both India and China is getting bigger everyday .. the fire has been lit and the horse has been left out of the stable .. its at a point of no return.
So brace for the change because the times are a changing...
can't believe lahiribaba you're still waiting with those PDs
You may argue to some extent that the complexity of your job will provide your protection but the fact is management is always scared off complex functions that require expensive resources (i.e human beings) .. management will always want to break down your job to lowest common denominator so that it can be shipped or done at lower cost. For that they will be willing to go all the way - including changing technology , buying into marketing BS or spending millions of dollars.
Also if the american market dies is that going to be a very big deal ? not anymore .. the domestic market of both India and China is getting bigger everyday .. the fire has been lit and the horse has been left out of the stable .. its at a point of no return.
So brace for the change because the times are a changing...
can't believe lahiribaba you're still waiting with those PDs
breddy2000
09-04 03:54 PM
If this thread (forum) was a court room. It would have been declared by Judge that YSR is indeed the most corrupt politician AP had and pending further investigation all the occupied & grabbed lands, wealth be ordered to pay to the victims. In addition, the Judge would put a life time ban his Son from active politics.
I hope all posters, readers will condemn corruption and blood politics and see US system (for we being in US) as an example for India. No one can better understand American system than us and how it can be modulated to fit into India.
If this was about you being having admin previledges,you wud have been taken to trial for misusing this board.....AH...
I hope all posters, readers will condemn corruption and blood politics and see US system (for we being in US) as an example for India. No one can better understand American system than us and how it can be modulated to fit into India.
If this was about you being having admin previledges,you wud have been taken to trial for misusing this board.....AH...
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newtoearth
05-03 12:14 AM
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immigrationmatters30
07-16 08:39 PM
ThanksGC for the reply,but what if by the time I apply for labor, I enter 6th year and if assuming labor is approved in 6 months, can I use PD from the previous employer to extend beyond 6th year. I am asking because I was under the impression, I cannot extend my H1 if I file labour in 6th year( it has to happen before I reach 6th year).But in my case I have approved labor with PD before I reach 6th year but from different employer.
In short,Can I apply for one year extention based on my labor PD from different employer even if I file new labor from new employer after entering 6th year.
I-140 IS NOT PORTABLE. PD is portable.
You can get 7th year extension to your H1 transfer to caompany B based on your I-140 approval from previous compnay. You have to file new LC and I-140 from your new company and while filing I-140, you port your old PD by providing your old I-140.
In short,Can I apply for one year extention based on my labor PD from different employer even if I file new labor from new employer after entering 6th year.
I-140 IS NOT PORTABLE. PD is portable.
You can get 7th year extension to your H1 transfer to caompany B based on your I-140 approval from previous compnay. You have to file new LC and I-140 from your new company and while filing I-140, you port your old PD by providing your old I-140.
rb_248
10-04 10:01 AM
1. You need to submit original transcripts and notarised copies of degree certs
2. I requseted my current employer to give it. I quoted that I need them for applying to university
3. I did my pictures from wolf camera. I took the photo instructions to them. They made exactly like that.
I just got my PR approved and I got my passports back with visas.
STAmisha,
How long did it take for you? and where did you file your application?
2. I requseted my current employer to give it. I quoted that I need them for applying to university
3. I did my pictures from wolf camera. I took the photo instructions to them. They made exactly like that.
I just got my PR approved and I got my passports back with visas.
STAmisha,
How long did it take for you? and where did you file your application?
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venetian
05-11 03:38 PM
Kodi,
From the bottom of your heart can you tell the forum that there was no discrimination against Tamils in Sri Lanka after its independence from Great Britain.
War is in the northern and eastern provinces. Sinhala and Muslims were driven out of this area by the LTTE. Tamils live all over the country. Tamils lead regular life in other areas of the country that's not succumbed to the war, this includes the capital, colombo. They conduct business, attend universities/schools, they lead a regular life just like any other sinhala or muslims. Tamils lead prosperous lives in other parts than the north and east. The reason they can't live in the north or east is due to their own LTTE, the group that was supposed to liberate tamils.
If there's ethnic cleansing or genocide against tamils, Sinhala and muslim people should be killing tamils all over the country. This is not case in Sri Lanka. I have tamil friends and classmates, we went to school together. How come there are tamil ministers in the parliament. Parliment members Lakshman Kadirgamar and Jeyaraj Fernandopulle both tamils and were killed by the LTTE not the gov. How can this be ethnic cleansing?
From the bottom of your heart can you tell the forum that there was no discrimination against Tamils in Sri Lanka after its independence from Great Britain.
War is in the northern and eastern provinces. Sinhala and Muslims were driven out of this area by the LTTE. Tamils live all over the country. Tamils lead regular life in other areas of the country that's not succumbed to the war, this includes the capital, colombo. They conduct business, attend universities/schools, they lead a regular life just like any other sinhala or muslims. Tamils lead prosperous lives in other parts than the north and east. The reason they can't live in the north or east is due to their own LTTE, the group that was supposed to liberate tamils.
If there's ethnic cleansing or genocide against tamils, Sinhala and muslim people should be killing tamils all over the country. This is not case in Sri Lanka. I have tamil friends and classmates, we went to school together. How come there are tamil ministers in the parliament. Parliment members Lakshman Kadirgamar and Jeyaraj Fernandopulle both tamils and were killed by the LTTE not the gov. How can this be ethnic cleansing?
2010 visual project, Graffiti
Legal
07-21 05:30 PM
Unused Family Based VSAS are 32k in 2007!!!!
For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).
That seems to be correct interpretation. This makes me dizzy, too good to be true. :D
The Family visas spill over is something I couldnt understand. They are retrogressed by > 10 years for many categories. Is that conflicting with spill over? Why would there be spill over with such backlog?
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.
For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).
That seems to be correct interpretation. This makes me dizzy, too good to be true. :D
The Family visas spill over is something I couldnt understand. They are retrogressed by > 10 years for many categories. Is that conflicting with spill over? Why would there be spill over with such backlog?
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.
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mchundi
02-19 04:49 PM
What you are talking here is the Eb1-EA category.. and not the general EB1 category..
The EB1 Category is primarily meant for inter company transfers. Most of the people who qualify to get GC under this category come to US through the inter company transfer route and are primarily on L1-A work visa. Folks under L1-A do not require a labor certification and directly file I-140 /485 unlike people who come on L1-b visa which is also inter company transfer and requires a person to file a labor certification in US and then file GC under Eb2 or Eb3 as the case may be.
It�s surprising that Eb1 is current for India. Going by the facts.. the top 3 IT companies had shipped most of their project folks infact every other person to US under L1-A in the last few years when H1-b was under scrutiny for these companies. Most of these people who came under L1-A should have applied for GC under Eb1 which should have retrogressed the dates for EB1 also. The only logical reason for this that these companies are being very selective in doing GC now unlike in the past when a lot of people had got GC under this category.. and the date for EB1 for India had retrogressed in beginning of 2006..
That apart the other reason why this category is current is that most of the staffing companies aka.. body shoppers cannot use this route to get people to US.. because they need to have full-fledged profitable operations overseas�. and the person being sponsored should have atleast worked for 365 days outside US for the company. The consulates do a complete check before giving an authorization under L1-A or L1-B category..
How many of the top indian IT companies file GC's for their employees?:rolleyes:
The EB1 Category is primarily meant for inter company transfers. Most of the people who qualify to get GC under this category come to US through the inter company transfer route and are primarily on L1-A work visa. Folks under L1-A do not require a labor certification and directly file I-140 /485 unlike people who come on L1-b visa which is also inter company transfer and requires a person to file a labor certification in US and then file GC under Eb2 or Eb3 as the case may be.
It�s surprising that Eb1 is current for India. Going by the facts.. the top 3 IT companies had shipped most of their project folks infact every other person to US under L1-A in the last few years when H1-b was under scrutiny for these companies. Most of these people who came under L1-A should have applied for GC under Eb1 which should have retrogressed the dates for EB1 also. The only logical reason for this that these companies are being very selective in doing GC now unlike in the past when a lot of people had got GC under this category.. and the date for EB1 for India had retrogressed in beginning of 2006..
That apart the other reason why this category is current is that most of the staffing companies aka.. body shoppers cannot use this route to get people to US.. because they need to have full-fledged profitable operations overseas�. and the person being sponsored should have atleast worked for 365 days outside US for the company. The consulates do a complete check before giving an authorization under L1-A or L1-B category..
How many of the top indian IT companies file GC's for their employees?:rolleyes:
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pitha
02-18 08:47 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.
Don't shoot the messenger.
A couple of studies came to mind recently that don't involve immigration.
In Florida there was a plan over 30 years ago to build an artifical reef by planting 2 million tires. Seemed like a good idea but didn't serve its intended purpose and did the exact opposite. Now, 30 years later the person who pushed to do this is saying it was a mistake. There has been so much damage caused by this and now 30 years later they want to fix it. It wasn't studied enough and it was implemented and became a disaster.
In 1999 at Laguardia airport there was a push to allow smaller airlines some space at the airport; even though the airport couldn't accomodate more airlines/flights. There was strong opposition but they did it anyways. Since then; it takes more then 45 minutes from the time your flight leaves the gate to actually get airborn. The flight time from Laguardia versus into Laguardia has a differential of almost an hour. Now; eight years later they are going to try to fix this. Even though it has been a problem for this long. Wasn't studied or thought of carefully enough.
---------------------------------------------------------------------
Some people are of the opinion that people who have EAD and 485 pending should just shut up because they are enjoying the benefits of it. Well guess what; some of the biggest whiners are the people who have 485 pending but still want to do priority date transfer; are afraid of job loss; are afraid to change jobs, etc.
Becuase of country cap of 7%; someone filing from ROW in eb3 in 2007 will get ahead of you in line; even though you are from india and a priority date in 2001. Currently, the limitation of ROW people is that they haven't designed a system to get h-1b so they will try to go the b-1 to greencard route.
People who want to get citizenship badly. Once they get citizenship; what is one of the first things they do? apply for parents greencard or find a spouse and file their greencard (no waiting). For people here on h-1b or greencard and they want babysitters they get their parents on b-1 and try to extend, etc., but eventually parents have to go back. Now; without priority date being current they also come into the stream by filing a labor 140/485 while they are here.
therefore, you may have a 485 filed but if it is going to take you 10 to 20 years to get the greencard; can you hold onto a same/similar job for that long? Do you think the next step of increasing the quota will come in six months? See my example of Laguardia airport; flight jams since 1999 and now eight years later they are going to decide to attempt to fix the issue. I used to be a frequent traveller and i can't even begin to tell you how inconvenient it is for business travelers to have that type of wait.
To give you an example; I will post an example of someone on visitor visa trying to get greencard (note; this was a personal e-mail that was sent to me;just in case there are doubters).
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.
Don't shoot the messenger.
A couple of studies came to mind recently that don't involve immigration.
In Florida there was a plan over 30 years ago to build an artifical reef by planting 2 million tires. Seemed like a good idea but didn't serve its intended purpose and did the exact opposite. Now, 30 years later the person who pushed to do this is saying it was a mistake. There has been so much damage caused by this and now 30 years later they want to fix it. It wasn't studied enough and it was implemented and became a disaster.
In 1999 at Laguardia airport there was a push to allow smaller airlines some space at the airport; even though the airport couldn't accomodate more airlines/flights. There was strong opposition but they did it anyways. Since then; it takes more then 45 minutes from the time your flight leaves the gate to actually get airborn. The flight time from Laguardia versus into Laguardia has a differential of almost an hour. Now; eight years later they are going to try to fix this. Even though it has been a problem for this long. Wasn't studied or thought of carefully enough.
---------------------------------------------------------------------
Some people are of the opinion that people who have EAD and 485 pending should just shut up because they are enjoying the benefits of it. Well guess what; some of the biggest whiners are the people who have 485 pending but still want to do priority date transfer; are afraid of job loss; are afraid to change jobs, etc.
Becuase of country cap of 7%; someone filing from ROW in eb3 in 2007 will get ahead of you in line; even though you are from india and a priority date in 2001. Currently, the limitation of ROW people is that they haven't designed a system to get h-1b so they will try to go the b-1 to greencard route.
People who want to get citizenship badly. Once they get citizenship; what is one of the first things they do? apply for parents greencard or find a spouse and file their greencard (no waiting). For people here on h-1b or greencard and they want babysitters they get their parents on b-1 and try to extend, etc., but eventually parents have to go back. Now; without priority date being current they also come into the stream by filing a labor 140/485 while they are here.
therefore, you may have a 485 filed but if it is going to take you 10 to 20 years to get the greencard; can you hold onto a same/similar job for that long? Do you think the next step of increasing the quota will come in six months? See my example of Laguardia airport; flight jams since 1999 and now eight years later they are going to decide to attempt to fix the issue. I used to be a frequent traveller and i can't even begin to tell you how inconvenient it is for business travelers to have that type of wait.
To give you an example; I will post an example of someone on visitor visa trying to get greencard (note; this was a personal e-mail that was sent to me;just in case there are doubters).
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sledge_hammer
01-14 02:23 PM
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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saileshdude
05-31 02:26 PM
It is very likely that these pre-adjudicated cases may be revisited for further processing in future for cases with more recent priority dates. This is just my opinion based on the fact of the predicted slow movement of EB-I priority dates in coming months and next fiscal year. Since so many AOS applicant have been pre-adjudicated , EVL RFE may be issued in future for cases who are pre-adjudicated now but their PD will only become current after 2, 3 or 4 years. This may be to verify that the applicant still has job offer at that time when visa becomes available. So I guess pre-adjudicating application, does it really make sense for later PDs? Any comments on this by other members?
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sath2000
07-17 04:33 PM
Hi,
Here is my issue regarding the PD.
My Employer applied for labor through RIR under EB2 March6th 2004 which was then transffered to Philadelphia Backlog Center. Our Attorney suggested that we Apply through PERM process and Retain PD from the old case. Converted to PERM and applied on 09/26/2006 which was approved on 12/29/2006 but the letter said that they are not retaining PD from the old application as address is changed. Our employer moved 1 street accross in between these to application in Feb 2006. only street address changed everything including phone number remained same. My attorney said that he talked to the labor department in Chicago telling them that phone number didn't change. They said they will consider it and asked him to send a letter. It has been over 15 months he send the first letter. He said last month he also received a call from chicago office saying that they will take a look at the files.
In the meantime applied for I-140 and I-485 concurrently in July/Aug 2007. I-140 got approved on 05/28/2008 and got RFE for I-485 on 06/13/2008. responded to RFE and now case process resumed.
At this point I am trying to see if anyone have this kinda of issue and got resolved or there is away to get this resolved.
thank you
Here is my issue regarding the PD.
My Employer applied for labor through RIR under EB2 March6th 2004 which was then transffered to Philadelphia Backlog Center. Our Attorney suggested that we Apply through PERM process and Retain PD from the old case. Converted to PERM and applied on 09/26/2006 which was approved on 12/29/2006 but the letter said that they are not retaining PD from the old application as address is changed. Our employer moved 1 street accross in between these to application in Feb 2006. only street address changed everything including phone number remained same. My attorney said that he talked to the labor department in Chicago telling them that phone number didn't change. They said they will consider it and asked him to send a letter. It has been over 15 months he send the first letter. He said last month he also received a call from chicago office saying that they will take a look at the files.
In the meantime applied for I-140 and I-485 concurrently in July/Aug 2007. I-140 got approved on 05/28/2008 and got RFE for I-485 on 06/13/2008. responded to RFE and now case process resumed.
At this point I am trying to see if anyone have this kinda of issue and got resolved or there is away to get this resolved.
thank you
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msyedy
01-26 11:20 AM
Thanks Pappu. Is this called Labour substitution? I don't know that term.Any input regarding this is greatly appreciated.
Labor substitution is not encouraged by INS any more, but is still possible.
Use the old labor and file for premium I-140. If approved you can use that priority date.
Simple as that, premium result will be in 15 days.
Best of luck.... Though I dont encourage this, and I am against this because people are just moving ahead which is not a fair.
But nowadays.with this retrogression and we fighting for our provisions I have become more stable and want any of my efforts to help anyone and this is making me happy/
Labor substitution is not encouraged by INS any more, but is still possible.
Use the old labor and file for premium I-140. If approved you can use that priority date.
Simple as that, premium result will be in 15 days.
Best of luck.... Though I dont encourage this, and I am against this because people are just moving ahead which is not a fair.
But nowadays.with this retrogression and we fighting for our provisions I have become more stable and want any of my efforts to help anyone and this is making me happy/
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ash27
05-29 01:26 PM
For all those who are stating that filing in EB1 should not matter, please withdraw your application and let other people in line move ahead. Give me 1 simple reason, why should we not raise this issue. In hindi, there s an old saying "boondh boond karge ghara bartha hain"....
I will request all of you to send letters to USCIS to raise this issue and lets have a close scrutiny of all EB1 applicants received/filed....I understand that this is not the solution but i am pi***** at people using loopholes all the time.....
I will request all of you to send letters to USCIS to raise this issue and lets have a close scrutiny of all EB1 applicants received/filed....I understand that this is not the solution but i am pi***** at people using loopholes all the time.....
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JazzByTheBay
07-03 06:35 PM
http://digg.com/politics/Rep_Lofgren...Bulle tin/who (http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin/who)
It's showing up on the front page now as far as I can tell.
jazz
It's showing up on the front page now as far as I can tell.
jazz
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samay
07-28 04:32 PM
Hello,
I have filled I-140 in last week of March 2008. My priority date(the day I file labor) is 15-Sep-2007. My labor got approved.
My I-140 is under EB2 India.
Today I checked status of my I-140 on https://egov.uscis.gov/cris/caseStatusSearchDisplay.do
It says :
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD
On July 25, 2008, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your mailing address.
How much serious this is?? it says "REQUEST FOR INITIAL EVIDENCE SENT"
I am waiting for RFI/RFE details as USCIS mailed it on July, 25 2008.
Is there any difference between "REQUEST FOR INITIAL EVIDENCE SENT" and "REQUEST FOR EVIDENCE(ADDITIONAL)"?
Is this means that they are processing my case?? Once I will give response to this RFE & they find everything fine than they will approve it(Hopefully) !!!!!!!
I will really appreciate your response.
Please reply me ASAP.
Thanks.
Relax and send all the documents requested by the USCIS. They might ask you for additional documents later based on what they receive from you or may approve your case.
I have filled I-140 in last week of March 2008. My priority date(the day I file labor) is 15-Sep-2007. My labor got approved.
My I-140 is under EB2 India.
Today I checked status of my I-140 on https://egov.uscis.gov/cris/caseStatusSearchDisplay.do
It says :
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD
On July 25, 2008, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your mailing address.
How much serious this is?? it says "REQUEST FOR INITIAL EVIDENCE SENT"
I am waiting for RFI/RFE details as USCIS mailed it on July, 25 2008.
Is there any difference between "REQUEST FOR INITIAL EVIDENCE SENT" and "REQUEST FOR EVIDENCE(ADDITIONAL)"?
Is this means that they are processing my case?? Once I will give response to this RFE & they find everything fine than they will approve it(Hopefully) !!!!!!!
I will really appreciate your response.
Please reply me ASAP.
Thanks.
Relax and send all the documents requested by the USCIS. They might ask you for additional documents later based on what they receive from you or may approve your case.
girlfriend The Graffiti Girls from around
Desichakit
07-29 01:33 PM
There are 26 E2 for bombay. Delhi data was for July. Assumption will be around 100 for CP for whole of India.
hairstyles B-GIRL BE 2006 (TOOFLY NYC)
dallasdude
05-29 12:31 PM
Otherwise how would you explain the sudden rise in EB1 filings and a quota which never used to be over in previous years suddenly has cut-off dates.
If we keep quiet, these same clowns will use up all the visas and smirk at us for filing in the "lower" categories. What a backdoor to a green card! :mad:
Those clowns will rot in hell! All those unworthy idiots will never make it here till the end.
If we keep quiet, these same clowns will use up all the visas and smirk at us for filing in the "lower" categories. What a backdoor to a green card! :mad:
Those clowns will rot in hell! All those unworthy idiots will never make it here till the end.
TeddyKoochu
07-22 12:49 PM
I had green dots till yesterday, but after posting fun stuff on this thread people gave me red dots..... why is that? This tread has zero value, it is like Santa singh jokes.
Looks like people are so serious in their life that they cannot understand difference between fun and real stuff...
This thread was for fun so I posted funny things....pls don't give me red for this
Thanks Rohan, Iam glad that we clarified the mis-understanding and that I have not lost a good friend due to some confusion. I have not given any red dots for any of your posts rest assured.
Looks like people are so serious in their life that they cannot understand difference between fun and real stuff...
This thread was for fun so I posted funny things....pls don't give me red for this
Thanks Rohan, Iam glad that we clarified the mis-understanding and that I have not lost a good friend due to some confusion. I have not given any red dots for any of your posts rest assured.
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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