
lazycis
02-14 05:17 PM
Another prove of government misconduct is violation of regulations
In addition to the aspirational 180-day deadline in 8 U.S.C. � 1571(b), the 8 C.F.R. � 103.2(b)(18) sets forth a detailed timetable for “withholding adjudication of a visa petition or other application if . . . an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion . . . .”
I doubt these regulations were followed in thousands of delayed I-485s.
http://immigrationvoice.org/forum/showpost.php?p=223449&postcount=3
We have also over a hundred WOM rulings were court acknowledged that the USCIS "unreasonably delayed" adjudication of applications. Moreover, the USCIS intentionally pushed people to go to court
http://bibdaily.com/pdfs/Mocanu%201-14-08.pdf
"For reasons stated at the hearing and in this Memorandum, I have reached a tentative conclusion that Defendant USCIS, overwhelmed by these applications, has adopted a strategy of favoring delay by litigation, instead of developing an orderly and transparent administrative resolution. Although this strategy is often evident in private party damages litigation, it is improper in these cases."
In addition to the aspirational 180-day deadline in 8 U.S.C. � 1571(b), the 8 C.F.R. � 103.2(b)(18) sets forth a detailed timetable for “withholding adjudication of a visa petition or other application if . . . an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion . . . .”
I doubt these regulations were followed in thousands of delayed I-485s.
http://immigrationvoice.org/forum/showpost.php?p=223449&postcount=3
We have also over a hundred WOM rulings were court acknowledged that the USCIS "unreasonably delayed" adjudication of applications. Moreover, the USCIS intentionally pushed people to go to court
http://bibdaily.com/pdfs/Mocanu%201-14-08.pdf
"For reasons stated at the hearing and in this Memorandum, I have reached a tentative conclusion that Defendant USCIS, overwhelmed by these applications, has adopted a strategy of favoring delay by litigation, instead of developing an orderly and transparent administrative resolution. Although this strategy is often evident in private party damages litigation, it is improper in these cases."
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GCkiTaisi
05-01 11:07 PM
My blood boils in digust when I read such stories..

vroapp
07-10 11:27 AM
:-)
2011 Emma Watson Vogue Cover amp;
breddy2000
09-04 07:47 PM
dealsnet,
Don�t assume that things will work like they work in YSR regime.
If you think that, the discussion does not make any sense to you then keep away. You are assuming that IMV has compromised security. FYI, this is not a YSR forum, nor it his jagir to do a security compromise.
Wow Mr. Chandu.....Procliaming that he is has access to Admin rights and saying that he is not compromising on the security aspect as this is not YSR forum.....
This AH has revealed someones full name publicly where no one knows how to do that...except Admins....
Thats it Guys.......I'm out of this....
If I'm CHANDUV23, I would have retaliated from my posts so far...Looks like "_TrueFacts" is more offended than "CHANDUV23" offcourse we know both are same.....
Hats off Man....
Don�t assume that things will work like they work in YSR regime.
If you think that, the discussion does not make any sense to you then keep away. You are assuming that IMV has compromised security. FYI, this is not a YSR forum, nor it his jagir to do a security compromise.
Wow Mr. Chandu.....Procliaming that he is has access to Admin rights and saying that he is not compromising on the security aspect as this is not YSR forum.....
This AH has revealed someones full name publicly where no one knows how to do that...except Admins....
Thats it Guys.......I'm out of this....
If I'm CHANDUV23, I would have retaliated from my posts so far...Looks like "_TrueFacts" is more offended than "CHANDUV23" offcourse we know both are same.....
Hats off Man....

breddy2000
09-04 01:44 PM
Breddy2000 and dealsnet,
I hope you guys don’t owe anything to YSR!.
If you love YSR, that’s your business. As much as you love, facts are facts and YSR being CM for 5 years is the biggest loss to AP and people of AP.
Also, it’s a curse that India and Indians are paying to have had congress rule India for 60 years.
"_TrueFacts". You are entitled to your opinion and I'm entitled to mine.
The fact of the matter is you are misusing your IV ADMIN Previledges to prove your point....
And I must say I have lost all faith in you being a Senior Member of IV.
I don't damn care about what you think....It's more about your behaviour that astonished me....You have been reported to "Admin".
If they do not care much about it and losing you is a loss to IV, then be it.....But facts remain that you have compromised on someone's identity in public forum with your previledges.
And I very well know that your other handle is "CHANDUV23". I don't care if I'm banned from IV.
I hope you guys don’t owe anything to YSR!.
If you love YSR, that’s your business. As much as you love, facts are facts and YSR being CM for 5 years is the biggest loss to AP and people of AP.
Also, it’s a curse that India and Indians are paying to have had congress rule India for 60 years.
"_TrueFacts". You are entitled to your opinion and I'm entitled to mine.
The fact of the matter is you are misusing your IV ADMIN Previledges to prove your point....
And I must say I have lost all faith in you being a Senior Member of IV.
I don't damn care about what you think....It's more about your behaviour that astonished me....You have been reported to "Admin".
If they do not care much about it and losing you is a loss to IV, then be it.....But facts remain that you have compromised on someone's identity in public forum with your previledges.
And I very well know that your other handle is "CHANDUV23". I don't care if I'm banned from IV.

GetGC08
07-29 09:08 AM
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.
Thanks a lot for your reply.
I had completed my BSc in computer science with 3 years & also completed my Masters(MCA) in computer science with 3 years.(both from India)
Total I have 6 years(3 yrs bachelors + 3 yrs masters) of education/qualification in Computer Science.
My labor has been approved & in that it is mentioned, position requires Masters degree.
Do I qualify for EB2 category?
I already filled I-140 in March 2008 under EB2.
I will really appreciate your response.
Thanks.
Thanks a lot for your reply.
I had completed my BSc in computer science with 3 years & also completed my Masters(MCA) in computer science with 3 years.(both from India)
Total I have 6 years(3 yrs bachelors + 3 yrs masters) of education/qualification in Computer Science.
My labor has been approved & in that it is mentioned, position requires Masters degree.
Do I qualify for EB2 category?
I already filled I-140 in March 2008 under EB2.
I will really appreciate your response.
Thanks.
JazzByTheBay
12-13 04:34 PM
If someone from country X, Y, or Z comes in on that same quota, that's OK - but we can't accept folks from countries A, B and C??
jazz
Let's assume that it can not be fought within US Constitutional framework then do we have a choice to bring this to international court level? Can US prove that keeping per country immigration quota for EB categories is not a discrimination but a policy to protect its citizens or per say to protect its industry/economy?
jazz
Let's assume that it can not be fought within US Constitutional framework then do we have a choice to bring this to international court level? Can US prove that keeping per country immigration quota for EB categories is not a discrimination but a policy to protect its citizens or per say to protect its industry/economy?
2010 2011 Emma Watson – Vogue US
msp1976
02-13 03:42 PM
If they changed the law to have 300,000 visas but there is 400,000 people going for greencard; then there would still be retrogression. The unused visas from ROW would not get allocated quarterly but in the fourth quarter.
Out of those 400K ....200K happen to be India/China...
Today's projection for me EB3/India is 7-10 years to get GC....
with a higher number this would come doen to 2 years ( would it ???)..That is the whole game...EB3 India might not become current but at least EB3 ROW would be current and then the spillover would make EB3 India picture much better....
Also AC21 allows the spillover to happen quarterly rather than annully...not in the fourth quarter..( Please correct me if I am wrong..)
Reference
http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_
Look at a(3)
(3) Exception if additional visas available
If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
Out of those 400K ....200K happen to be India/China...
Today's projection for me EB3/India is 7-10 years to get GC....
with a higher number this would come doen to 2 years ( would it ???)..That is the whole game...EB3 India might not become current but at least EB3 ROW would be current and then the spillover would make EB3 India picture much better....
Also AC21 allows the spillover to happen quarterly rather than annully...not in the fourth quarter..( Please correct me if I am wrong..)
Reference
http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_
Look at a(3)
(3) Exception if additional visas available
If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
Marphad
05-19 10:06 AM
Illusions, Thanks Bro!!
Marphad, I have posted less than 20 posts in this forum and I have never posted anything anti-immigrant. The most number of posts I have ever posted was in this thread.
And that was because I saw some people posting misleading information about the Sri Lankan war and I wanted everyone to see at least what I consider to be the real situation. I can't help it if people have trouble listening to different opinions and different sides of the story but this is a public forum and I have the freedom to post what I feel as long as I don't cross the line.
In any case, I am too happy today to be wasting my time on petty stuff like these.
Hasta la vista Baby!!!! :D
Would you consider updating your profile please!
Marphad, I have posted less than 20 posts in this forum and I have never posted anything anti-immigrant. The most number of posts I have ever posted was in this thread.
And that was because I saw some people posting misleading information about the Sri Lankan war and I wanted everyone to see at least what I consider to be the real situation. I can't help it if people have trouble listening to different opinions and different sides of the story but this is a public forum and I have the freedom to post what I feel as long as I don't cross the line.
In any case, I am too happy today to be wasting my time on petty stuff like these.
Hasta la vista Baby!!!! :D
Would you consider updating your profile please!
hair Vogue US July 2011
ebizash
07-21 12:17 PM
I hate their scheming means to rope you in. They keep calling you and bug you to death. Is there anything that you could do to repel Amway desis? Any sprays, creams, poison?
If you want to be gentle - You can say that you have done it in the past and quit...
If you want to scare them - you can also add I quit because I got an audit from IRS and USCIS as it is illegal on non-immigrant visa....that will scare the hell outta them...
If you want to be gentle - You can say that you have done it in the past and quit...
If you want to scare them - you can also add I quit because I got an audit from IRS and USCIS as it is illegal on non-immigrant visa....that will scare the hell outta them...
walking_dude
02-13 02:16 PM
Are you even reading my posts?!
If visa numbers are increased along with elimination of country quotas ROW will not be impacted significantly. That's what has been posted a hundred times here. Yet, some of you refuse to see reason!
If IV succeeds ROW waiting times will also be significantly reduced due to combination of visa number increase and recapture. That should be the incentive for ROW.
Are you suggesting that IV's efforts would increase the wait times for ROW?
What incentive does ROW have to work with IV then?
If visa numbers are increased along with elimination of country quotas ROW will not be impacted significantly. That's what has been posted a hundred times here. Yet, some of you refuse to see reason!
If IV succeeds ROW waiting times will also be significantly reduced due to combination of visa number increase and recapture. That should be the incentive for ROW.
Are you suggesting that IV's efforts would increase the wait times for ROW?
What incentive does ROW have to work with IV then?
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srikondoji
12-17 09:11 AM
albertpinto,
I didn't mean to discourage. I meant that a better approach and much wider approach is needed to link GC and home purchase. This should not be specific to just Employement based Greencards.
There was already an interview on channel 46 (finance channel), where they talked about overhauling complete immigration system to suck the housing inventory. They threw ideas to invite almost anybody to come to united states provided they purchase a home in US.
If we approach government alone, we may find little traction. We definitely need to partner with other groups who are also in the process of opening up Immigration system and approach this administration. Thses groups could be European or asian or any country specific groups.
That being siad, sucking up housing inventory will not help the economy now at the current prices. The prices have to further come down to an extent that reflects Dollar strength, GDP prospects and countries massive debt levels. Otherwise, we will be putting in a floor to bubble that was created in housing sector.
Thanks
sri
Sri,
do you have any better ideas ? if yes, please share. if no, then honestly such posts are discouraging.
we (immigrants) are not here to solve the world problems and as any sales / mktg person would say - the idea is to sell your case. That being said - 99.9 percent of the economists say that the economy will recover only after the housing backlog is cleared ..The policymakers realise this and hence they are showering incentives (almost 10, 000 dollars tax credit, reducing mortgage rates, HUD, LUD etc etc)
all the above are expensive to tax payers ...the cheapest way (not that it will solve all the backlog issue - but it will help greatly ..btw Greenspan had said that even if 200 - 300K houses were to be taken off the inventory, then it would greatly help ) ..the cheapest way is to just clear the backlog of immigration ..and it is well documented that once people get permanent residence status in US (or any country), the first thing they do is buy houses.
I didn't mean to discourage. I meant that a better approach and much wider approach is needed to link GC and home purchase. This should not be specific to just Employement based Greencards.
There was already an interview on channel 46 (finance channel), where they talked about overhauling complete immigration system to suck the housing inventory. They threw ideas to invite almost anybody to come to united states provided they purchase a home in US.
If we approach government alone, we may find little traction. We definitely need to partner with other groups who are also in the process of opening up Immigration system and approach this administration. Thses groups could be European or asian or any country specific groups.
That being siad, sucking up housing inventory will not help the economy now at the current prices. The prices have to further come down to an extent that reflects Dollar strength, GDP prospects and countries massive debt levels. Otherwise, we will be putting in a floor to bubble that was created in housing sector.
Thanks
sri
Sri,
do you have any better ideas ? if yes, please share. if no, then honestly such posts are discouraging.
we (immigrants) are not here to solve the world problems and as any sales / mktg person would say - the idea is to sell your case. That being said - 99.9 percent of the economists say that the economy will recover only after the housing backlog is cleared ..The policymakers realise this and hence they are showering incentives (almost 10, 000 dollars tax credit, reducing mortgage rates, HUD, LUD etc etc)
all the above are expensive to tax payers ...the cheapest way (not that it will solve all the backlog issue - but it will help greatly ..btw Greenspan had said that even if 200 - 300K houses were to be taken off the inventory, then it would greatly help ) ..the cheapest way is to just clear the backlog of immigration ..and it is well documented that once people get permanent residence status in US (or any country), the first thing they do is buy houses.
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krishnam70
07-10 01:42 PM
Wish you the very best byeusa......
I might be moving to Canada next summer if there is no progress in my case here...My PD is Nov 2003 EB-3...I got my Canadian PR in May 2005 and I have until May 2008 to move.....So keeping my fingers crossed..I too work for a Canadian company in US.....Wish you good luck...
we have until july 2008 to move in to canada, lets see its probably bye bye usa if something does not happen until then. tired of waiting for this elusive GC, my story is verry verry similar to byeusa..
I might be moving to Canada next summer if there is no progress in my case here...My PD is Nov 2003 EB-3...I got my Canadian PR in May 2005 and I have until May 2008 to move.....So keeping my fingers crossed..I too work for a Canadian company in US.....Wish you good luck...
we have until july 2008 to move in to canada, lets see its probably bye bye usa if something does not happen until then. tired of waiting for this elusive GC, my story is verry verry similar to byeusa..
tattoo Wow, hasn#39;t Emma Watson come a
samay
07-21 08:28 PM
Dear Attorney,
I am from India and working as a Software Programmer / Analyst in a decent company and I am using AC21 with this company...and my Green Card journey started September 2002.
Labor applied (EB3) - September 2002
Labor approved - July 2003
I-140 / I-485 applied - December 2003
I_140 approved - August 2004 after responding to an RFE
Two times finger prints done and name check is done.
RFE about sons birth certificate -- responded last year.
But still the way things are going with Visa numbers and seems no light at the end of the tunnel. I am decided to change EB3 to EB2.
What would you suggest?
Where can I find the process for this switch (EB3 to EB2) ??
Is there any benefit switching from AOS to Consular Process?
Thanks and appreciate your response.
The process of switching from EB3 to EB2 also takes some time and expense. Please do consult your attorney and weigh in all pros and cons very carefully. In case you require assistance please contact me.
I am from India and working as a Software Programmer / Analyst in a decent company and I am using AC21 with this company...and my Green Card journey started September 2002.
Labor applied (EB3) - September 2002
Labor approved - July 2003
I-140 / I-485 applied - December 2003
I_140 approved - August 2004 after responding to an RFE
Two times finger prints done and name check is done.
RFE about sons birth certificate -- responded last year.
But still the way things are going with Visa numbers and seems no light at the end of the tunnel. I am decided to change EB3 to EB2.
What would you suggest?
Where can I find the process for this switch (EB3 to EB2) ??
Is there any benefit switching from AOS to Consular Process?
Thanks and appreciate your response.
The process of switching from EB3 to EB2 also takes some time and expense. Please do consult your attorney and weigh in all pros and cons very carefully. In case you require assistance please contact me.
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manderson
02-13 11:30 AM
If I am not mistaken I believe Rajiv Khanna already filed such a lawsuit some years ago and lost.
Which makes me agree with walking_dude. With the new NC>180 rule, we can get pretty good momentum by recapturing lost visas and if possible by also increasing country caps and a increase of EB visas from 2009 onwards.
Which makes me agree with walking_dude. With the new NC>180 rule, we can get pretty good momentum by recapturing lost visas and if possible by also increasing country caps and a increase of EB visas from 2009 onwards.
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AirWaterandGC
05-11 03:44 PM
Thanks for the response. Govt sends a check for each child every month ! Thats too good to be true. How much is the check for.
pmt = payment
Government sends you a check every month for each child you have.
Here is an excellent calculator to estimate your Canadian income taxes.
http://www.ey.com/GLOBAL/content.nsf/Canada/Tax_-_Calculators_-_2006_Personal_Tax
Canada has something called RRSP which works the same way as a 401 K plan. However in an RRSP you can actually withdraw funds without penalty upto 50% of your account for purchasing your fiorst home ( In US you can only take loan not wiothdrawl).
Also Canada doesnt allow jopint filing of taxes for married couples. Each spouse has to individually file taxes per my understanding.
pmt = payment
Government sends you a check every month for each child you have.
Here is an excellent calculator to estimate your Canadian income taxes.
http://www.ey.com/GLOBAL/content.nsf/Canada/Tax_-_Calculators_-_2006_Personal_Tax
Canada has something called RRSP which works the same way as a 401 K plan. However in an RRSP you can actually withdraw funds without penalty upto 50% of your account for purchasing your fiorst home ( In US you can only take loan not wiothdrawl).
Also Canada doesnt allow jopint filing of taxes for married couples. Each spouse has to individually file taxes per my understanding.
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Dhundhun
09-26 01:20 AM
I was listening KNTV 10.00 PST (Sep 25) news.
... house prices will bottom out in spring 2009 ...
Anyone else to confirm that I heard correctly.
The reason I am asking that I am planning to buy house in few months. Myself delaying upto that timeframe is OK for me.
Thanks
... house prices will bottom out in spring 2009 ...
Anyone else to confirm that I heard correctly.
The reason I am asking that I am planning to buy house in few months. Myself delaying upto that timeframe is OK for me.
Thanks
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kumjay
06-27 03:42 PM
I am sorry to say that all EB-3 and EB-2 dates have gone back to 2001. Please check DOS site.
*******You want rumor.....I will give you rumor ************
*******You want rumor.....I will give you rumor ************
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snthampi
08-02 04:36 PM
Guys! This is getting interesting. Guess what I found!! Now you can find out the names of your local friendly Amway Independent Business owners!!!
Go to https://www.amway.com/Shop/Registration/CustomerRegistration.aspx?Country=US
Scroll down to the section titled "Benefits of Being Affiliated with an Independent Business Owner", select "Show me a list of IBOs in my area that I can select from".... put your zip code and voila!!!!
I put my own zipcode 94536, and most of the names are desi. Confirms my suspicion that there are more desi's sucked into this than........
Now post what you find in your area!
Good find. I tried for my zip code and it gives a few random names, when you try again and again for the same zip.
Go to https://www.amway.com/Shop/Registration/CustomerRegistration.aspx?Country=US
Scroll down to the section titled "Benefits of Being Affiliated with an Independent Business Owner", select "Show me a list of IBOs in my area that I can select from".... put your zip code and voila!!!!
I put my own zipcode 94536, and most of the names are desi. Confirms my suspicion that there are more desi's sucked into this than........
Now post what you find in your area!
Good find. I tried for my zip code and it gives a few random names, when you try again and again for the same zip.
days_go_by
01-23 06:11 PM
not all cases approved by DOL are fraud, some cases are really genuine, I have waited over 5 years for labor, and I know a bunch of other people too who have genuinely waited.
But I agree most of frauds, I know of friends who bought and got Green Cards within a few months. checkout this thread .
http://immigrationportal.com/showthread.php?p=1596562#post1596562
it's not like DOL is not aware of it, they know it, they have created an industry around it. I don't think they will ban labor subst, they would rather add a transfer fee and make more money on it.
But I agree most of frauds, I know of friends who bought and got Green Cards within a few months. checkout this thread .
http://immigrationportal.com/showthread.php?p=1596562#post1596562
it's not like DOL is not aware of it, they know it, they have created an industry around it. I don't think they will ban labor subst, they would rather add a transfer fee and make more money on it.
rajeev_74
09-24 06:59 AM
for people who own or will buy homes ? We could also say that this can come from recapture but only for already or potential home owners...
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.
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.