Tuesday, June 28, 2011

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  • logiclife
    06-15 05:08 PM
    Should everyone submit a police clearance record?

    I dont think you need police clearance for US immigration. do you? I think that's canadian immigration where you need police clearance.





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  • ingenix
    09-09 12:01 PM
    Called up all the above





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  • anda007
    07-10 11:59 PM
    This is a three page article, but worth the read. Especially, I didn't think it would mention my name -->
    http://www.washingtonpost.com/wp-dyn/content/article/2007/07/10/AR2007071002055.html?referrer=emailarticle
    Redemption Maan !!

    Anand Sharma





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  • Bpositive
    02-15 04:58 PM
    Thanks Bpositive. I called up the DOS yesterday and they said they don't hve any record against my case number with them. Does that mean the embassy still haven't send my info to them (which I doubt since its been 10 weeks since my visa appointment at Delhi) or does it mean that my security check are ongoing? Should I visit Delhi consulate in person and talk to them about it?

    They should have your info unless consulate hasn't sent it. they use your passport number as reference. so call again if they didn't use your passport number to search. in any case ping the consulate again.



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  • eb3_2004
    08-20 03:00 PM
    It actually comes down to the language. I haven't read the rollover from EB to FB (if at all it happens), but look at the language for EB1. It talks about regular number + any not used by EB5. The language for EB5 is lost when it trickles down.

    Does it mean: 1. EB5 can only be used by Eb1 and not rolled down further?

    or

    2) Does it mean that any of the EB5 unused numbers that are also not required by Eb1 rolls down to EB2.

    If it is choice 1, then I suspect we have no case. If however, it is choice 2, then it is clear through the language that spill over Eb1 goes to Eb2 and EB3 at the same time. If not, based on the language of EB1, Eb3 would have just said "unused numbers of EB2", which means it would use Eb1 numbers only if Eb2 did not need them.



    Suggestion to go via AILA is a good one, but do we have contact into AILA??

    I feel it is Choice 2 as Choice 1 is not possible..If Choice 1 is the case how is EB5-->EB1-->Eb2 happening now justified???

    Also, Is EB1-I/EB1-ROW quota used up every year???If not that has to trickle down to EB2 and EB3 if they change the EB3 allocation interpretation.





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  • bobby
    06-21 08:17 AM
    Another answer from Rajiv Khanna: on multiple 485s
    I recommend both husband wife file for yourselves and for each other. So between the two , there will be four 485 applications. One: Wife as primary, husband as derivative. Second, husband as primary and wife as derivative. We do this all the time and this is the safest thing to do. You will keep whichever 485 set gets approved, first, the other will be rejected by CIS.

    If CIS rejects the other 485, do they keep the fees or do they refund the fees?



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  • jungalee43
    09-14 08:39 PM
    Sri,
    You are putting in great efforts. Thank you very much for the same. Highly appreciated.
    Unless the baby cries and asks for food, mother does not feed the baby. Similarly congress will provide relief only if we ask for it.

    Can somebody please send me the addresses for sending regular mail. I have 30 posters almost ready,. I am checking. I have those 6-7 addresses (Zoe, Director, John, department, etc) but I need many more.
    I want to do this 1st thing MOnday morning. ..

    Thanks,
    Sri.





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  • nocomment
    09-23 05:17 PM
    That's exactly what I wrote a few posts above. I think the more basic question is - What does 485 inventory mean? Is it already filed 485 numbers or "can be filed based on approved I-140" numbers?

    To the OP: Can you provide the link from where we can open the PDF instead of just throwing the PDF open. Maybe that will provide a better context to the numbers.

    The data says Individuals born in india, Their country of chargebility could be different?



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  • doc_desi
    02-11 12:02 AM
    Hi Shweta:

    First, don't panic :) I doubt there's anything we can do about it at this stage. I'm in exactly the same situation (interview at the Delhi consulate on the 22nd, response - administrative processing, and the consular officer had told me that I'd get it in a week).

    According to my lawyer, our cases have been sent to Washington for security clearence. And based on the feedback she has been getting, it is taking about a month. The embassy cannot issue our visas till they hear back from Washington.

    So I realize that it totally _SUX_ but there's nothing we can do about it. So just chill and wait..

    s

    bepositive,

    in my case i got no slip..whenever i call consulate new delhi they say still under admin processing ?? my lawyer checked with DOS..DOS had sent approval on jan 25th..still under proc at embassy !!

    NOT SURE WHY ?? this delay is ??

    i maybe forgetting..but which consulate did you go to and if new delhi then what was the description(looks) of the VO ?

    -shahuja





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  • aadimanav
    01-03 12:56 AM
    Part 2 continued....


    USCIS delays have become so excessive in this arena that many foreign nationals have sought relief in federal court. The Administrative Procedure Act of 1946 (APA), which governs federal agency actions and decisions, requires that an agency resolve a matter presented to it within a "reasonable" time frame. See 8 U.S.C. 555(b). Using the APA, foreign nationals have argued that waiting for two or more years for a decision on an immigration application is "unreasonable" under the statute. The cases are divided, but a majority of courts have agreed that making a foreign national wait years and years just for a decision on his or her application is unreasonable. As a result, many judges have ordered the FBI and USCIS to complete pending name check cases within 60 or 90 days where a foreign national has been waiting for two or more years. Some judges have noted that security concerns are not to be taken lightly, but this only reinforces the fact that such issues should be resolved in a matter of weeks as opposed to years.

    The success or failure of litigation in this arena ultimately turns on the court's reading of a jurisdiction-stripping provision embedded in the Immigration and Nationality Act (INA), as amended by the Real ID Act of 2005. The INA precludes judicial review of any "decision or action" of the USCIS that is "specified [under INA] to be in the discretion" of the USCIS. See 8 U.S.C. 1252(a)(2)(B)(ii). In defending challenges to delayed applications, the U.S. Attorney's office has argued that the adjudication of a green card application, including the pace of adjudication, is committed to the sole discretion of the USCIS, because the INA specifies that a decision to approve or deny a green card application is within the discretion of the USCIS. See 8 U.S.C. 1255(a).

    None of the circuit courts have ruled on this issue, but the relationship between USCIS delay and the role of the judiciary has become a "national judicial debate" at the district court level. See Saleem v. Keisler , 2007 U.S. Dist. LEXIS 80044 (W.D. Wis. Oct. 26, 2007). Some courts have bought the government's argument, holding that a discretionary "action" includes every interim action taken along the way leading up to an ultimate decision on an application. See Safadi v. Howard , 466 F.Supp. 2d 696, 699 (E.D. Vir. 2006). Under this theory, a stalled name check is simply action along the way to a final decision. The majority of courts have rejected this reading of the statute, holding that USCIS' discretion only applies to the ultimate decision on an application, not the pace of its adjudication. As one court stated, "it would require Orwellian twisting of the word ["action"] to conclude that it means a failure to adjudicate." Saleem v. Keisler, supra. Similarly, U.S. District Judge Stewart Dalzell recognized that the INA grants discretion to the USCIS to grant or deny a green card application, but "national security does not require that it also have absolute discretion to delay such an application to Dickensian lengths." Cao v. Upchurch , 496 F.Supp. 2d 569, 574 (E.D. Pa 2007). Put simply, "there is a difference between the [USCIS'] discretion over how to resolve an application and the [USCIS'] discretion over whether it resolves an application." Singh v. Still , 470 F. Supp. 2d 1064, 1068 (N.D. Cal. 2007).

    The U.S. Attorney's office has also argued that the USCIS is not required to make a decision on green card or naturalization applications since the INA does not specify a time frame for the agency's decision. See Assadzadeh v. Mueller , 2007 U.S. Dist. LEXIS 80915 (E.D. Pa. Oct. 31, 2007). The government's argument is based on Norton v. So. Utah Wilderness Alliance , 542 U.S. 55 (2004), where the U.S. Supreme Court held that a plaintiff can succeed in compelling an agency to act under the APA if and only if the action sought to be compelled is a "discrete action" that the agency is "legally required" to take. Under the government's theory, the USCIS cannot be compelled to act where its organic statute fails to require it to make a decision. But, under Norton , an agency's regulation with the force of law can create a legal duty. Arguably, the USCIS is legally required to act on applications presented to it, as its own regulations provide that it inform applicants of its decisions. See 8 C.F.R. 245.2(a)(5)(i) (green card applications); 8 C.F.R. 316.14(b)(1) (naturalization applications). Most judges in the Eastern District of Pennsylvania appear to accept this argument. For example, in Kaplan v. Chertoff , 481 F. Supp. 2d 370, 399 (E.D. Pa. 2007), Judge Eduardo Robreno held that the USCIS has a duty to adjudicate green card and naturalization applications, based, in part, on the agency's own regulations.

    Once a court determines that its jurisdiction is not stripped under the INA, it usually faces little difficulty finding a cause of action under the APA. Of course, determining whether an agency has acted unreasonably is a fact-intensive inquiry, but the government's position does not look promising where the USCIS has failed to perform three distinct background checks for two or more years without any indication of special circumstances. See, e.g., Saleem v. Keisler, supra . The government has argued that flagging agency resources are to blame, but many courts find little sympathy for such posturing. In addressing the issue of agency resources, one court stated that the USCIS should take its complaints up with Congress. See Liang v. Attorney General , 07-cv-2349-CW (N.D. Cal. Oct. 30, 2007). "The executive branch must decide for itself how best to meet its statutory duties; this Court can only decide whether or not those duties have been met." Id . Even factoring in flagging appropriations, the court held that a two-and-a-half-year delay is unreasonable as a matter of law. Id .

    With more than 340,000 cases in the name check backlog, it is not clear when some foreign nationals will ever have their cases resolved at the agency level. At least with the advantageous decisions handed down from the federal district courts, foreign nationals have the hope of going into court to request an expeditious resolution to their name checks. In the majority of situations, it appears that litigation is the only option, but at least an option exists.

    Please email the author at gforney@wolfblock.com with questions about this article.



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  • anai
    07-11 07:16 AM
    I saw posts of several members extremely skeptical of the whole idea, even went on calling it stupid, crazy and useless. Some made mockery suggesting sending dead fish etc. I don't see any more posts from them.

    Keeping mum now are we, eh?:rolleyes:

    Good point.

    Someone give a gold medal to the clever guys who thought of the flower campaign. This campaign has brought us more publicity than anything else we've done so far. Outstanding work.





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  • needhelp!
    01-08 02:29 PM
    gtg506p, please post it there if you are a member so that they can participate.


    I will participate in this wholeheartedly. One suggestion to the admin: perhaps we can post this in other websites also like ? I know a lot of people use that site for posting problems etc and whoever is not in IV might also get to know about it.



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  • man-woman-and-gc
    01-13 11:54 AM
    Also, I have talked to atleast 3 more Colorado IV members who are going to write the letters in the next couple of days.





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  • beautifulMind
    09-23 04:21 PM
    I guess we'll need to ADD to that number:
    1. BEC stuck folks who could not file in July 07
    2. PERM approvals starting August 07

    to the 47,728. Plus multiply by 2.1( for dependents ). That'll give the total VISA numbers required for this category to make it Current.

    If I have to guess-- (1) would be very less, may be 100-200 max
    (2) around 5000 ( just a PUMA)
    So, there are about 53000 EB2 I applications. and 2.1 * 53000 = 111300.

    If we can create 111300, EB2 I visas then it'll be CURRENT. easy:)



    Pending applications should include dependents as they have their own 485



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  • eb3_nepa
    07-10 10:44 AM
    I still think, the USA is the best place for democracy loving people. Govt and its agencies try their best to be accountable to law. Now if you want our Immigration issue to be put before IRAQ in the Congress, I would think that is selfishness. I have colleagues whose sons are in IRAQ. For me their lives are more important than my GC. Now that does not mean we stop making our point to Congress.

    Vinabath i do NOT expect the nation to put Legal Immigration before the IRAQ WAR. Ofcourse I do not expect that. What I am trying to point out is that this is going to be a LONG LONG ongoing issue and if not the war, there will be OTHER issues like the presedential elections etc.

    On another note, the US is a capitalistic economy. If you are not selfish, ur a nice guy and nice guys finish LAST.





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  • like_watching_paint_dry
    01-27 10:56 AM
    Last time I had travelled by British Airways in 2004 and I have made a resoultion for never tavelling with them again. We had a baby 2 years old and he was cranky and my wife asked airhostess to clean the feeder and she refused, saying that 'Mam we don't do this!'. Point is that they don't treat us well even though they get lot of income on routes to India. Also, look at those crappy old planes they deploy on these routes. As someone else said in this thread that it is time for Indian Govt. to wake up and be stiff on such lapses. I am sure they will listen, as they can't afford to lose big bucks coming from India anymore.

    You are asking for too much. Any reason why you or your wife could not clean the feeder? They are air-hostesses and not your personal servants.

    Jeez what's next? Shine my shoes?? :rolleyes:



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  • dontcareaboutGC
    04-05 03:10 PM
    I am posting this from Ron Gotcher's forum-

    "Cite as "AILA InfoNet Doc. No. 11040563 (posted Apr. 5, 2011)"


    Following-up on his earlier observations on EB-1 demand and "spill-down" to EB-2 reported on InfoNet on March 29, 2011 (InfoNet Doc. No. 11032960), Charlie Oppenheim discussed scenarios for EB-2 movement in the coming months. In preparation of the May 2011 Visa Bulletin, DOS will consider the approximately 12,000 unused EB-1 numbers that will "spill-down" to EB-2, EB-2 demand and possible unused numbers, and will consult with USCIS on its processing potential. A quick look by DOS at this point indicates that there is the possibility for greater advancement of the India EB-2 category than had earlier been thought. Doing so will give DOS better visibility into EB-3 upgrade demand in the pipeline, and will better ensure that all visas allowed annually are used. However, a rapid advance could spur a surge in demand that could impact the cut-off dates later in the year. The May Visa Bulletin, generally issued mid-April, will contain a discussion of visa availability projections for the remainder of the year.





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  • indigo10
    03-30 06:37 PM
    Hopefully this is not a April fool joke!!!.


    Hope all the dreams come true with flying colors, like India winning the cricket match againt pakistan today, what a great match it was..

    If its an April fool Joke we should know on Apr 1st
    Otherwise we will know in 2nd week.





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  • Macaca
    07-21 09:03 PM
    im blogging too. i suggest we share articles. i just made mine today. here's the link:

    http://thetruthandthetail.blogspot.com/

    i'll try to update as often as possible.
    I am blogging at article sites that mention Lou Dobbs. Lou Dobbs supports Numbers USA and Programmers Guild. Some of these sites are blogged by Numbers USA and Programmers Guild.

    Here are some recent ones. Look at the attached blog sites.

    The Gandhi Protests Pay Off (http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070716_514499.htm?chan=top+news_top+news+index _businessweek+exclusives) Facing political pressure and legal action, the U.S. government may speed up green card processing and make more slots available by Moira Herbst Business Week, July 17, 2007
    A Green Light on the Road to Green Cards (http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070717_923080.htm?chan=top+news_top+news+index _businessweek+exclusives) The federal government reverses a moratorium on "Adjustment of Status" applications in response to protests by employers and high-skilled immigrants by Moira Herbst Business Week, July 18, 2007
    How Skilled Immigrants Found a Voice (http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070718_877619.htm?chan=top+news_top+news+index _businessweek+exclusives) Grassroots group Immigration Voice has helped tech workers organize and score victories in Washington by Moira Herbst Business Week, 19, 2007

    How Skilled Immigrants Found a Voice (http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070718_012859.htm?chan=search) Grassroots group Immigration Voice has helped tech workers organize and score victories in Washington By Moira Herbst July 19, 2007
    Scenes From The Gandhi Protests (http://images.businessweek.com/ss/07/07/0719_gandhi_rally/index_01.htm) Programmers, engineers, and others take to the streets of San Jose





    saimrathi
    07-11 01:46 PM
    I agree...

    No disrespect to Al-Jazeera. But putting our story on that channel is not a good idea. People view anything on it with lot of suspicion, and Fox news interprets everybody Al-Jazeera sympathizes with as you know what.
    Don't come after me for saying this, its not my opinion. But general opinion that I have observed from people who are not well informed(read majority of people). Lets focus on the main stream media in US, outside coverage is not that significant anyway.





    deardar
    01-25 08:29 AM
    Has any one travelled thru Frankfurt and out of it using Advanced Parole ?
    I meant expired Visa ?



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