villamonte6100
12-14 01:12 PM
I know. I work for a prestigious law firm and I know how hard it is to become a lawyer.
There was a thread some time back about people considering going to law school and becoming their own lawyers. What I took out of it was that its not that easy. Besides going to school, you have to pass some tough state exams. I am quite happy with my lawyer. I paid some dough but its much cheaper than going to law school, and saves me time and headache.
Going to law school is not for everyone, definitely not for me (fat books scares me :eek:). I like the suggestion by garybanz about getting a qualified opinion. Just so that we know.
There was a thread some time back about people considering going to law school and becoming their own lawyers. What I took out of it was that its not that easy. Besides going to school, you have to pass some tough state exams. I am quite happy with my lawyer. I paid some dough but its much cheaper than going to law school, and saves me time and headache.
Going to law school is not for everyone, definitely not for me (fat books scares me :eek:). I like the suggestion by garybanz about getting a qualified opinion. Just so that we know.
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mheggade
07-23 01:14 PM
Reply to sumagiri's post
This kind of statements are used just to bluff the congress. Bear in mind 140k is the quota and may not be the target. Looks like they did it again (I mean bluff DOS and Congress) and DOS had no choice to move the dates so that overseas visa post can consume the remaining visa.
This kind of statements are used just to bluff the congress. Bear in mind 140k is the quota and may not be the target. Looks like they did it again (I mean bluff DOS and Congress) and DOS had no choice to move the dates so that overseas visa post can consume the remaining visa.
gc_lover
06-26 02:02 PM
out of context...but do u think dates will be current in august and sept...
My labor in Atlanta....dont see it getting certified B4 August:( :(
Hey...No one can predict anything about Aug and Sept. You just have to wait till you get your LC and then check where dates are and file accordingly. There is nothing you can do about it, so relax and don't worry too much.
If it makes you feel better, then people from 2001/2002/2003 are still still in line. You are lucky at least you have hope that you can file 485 if you get your LC in time.
My labor in Atlanta....dont see it getting certified B4 August:( :(
Hey...No one can predict anything about Aug and Sept. You just have to wait till you get your LC and then check where dates are and file accordingly. There is nothing you can do about it, so relax and don't worry too much.
If it makes you feel better, then people from 2001/2002/2003 are still still in line. You are lucky at least you have hope that you can file 485 if you get your LC in time.
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dealsnet
09-04 12:37 PM
Your handle name POORslumDOG shows your charactor.
1. Why you are here. (poor)
2. It shows where you are coming from.(slum)
3. Your real charactor (animal).
you must be a educated idiot to think like this. Yesterday 1200 people died in heart attack in India and more than 15000 across the world. You mean all are because of YSR. Use your pea nut size brain man.
1. Why you are here. (poor)
2. It shows where you are coming from.(slum)
3. Your real charactor (animal).
you must be a educated idiot to think like this. Yesterday 1200 people died in heart attack in India and more than 15000 across the world. You mean all are because of YSR. Use your pea nut size brain man.
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poorslumdog
08-15 09:55 PM
You might want to read this warning to yourself. I am not a Muslim myself, but solely pointing to the obscureness of the system. Even Kamal Hassan payed a price for his name, it's high time this changes, and this routine harrasment is very comparable to the H1B experience at POE.
I dont see any Harashment...They are not beating you. Just its extra verification. If you dont like that you are more than welcome not to come here. Everyday hundereds of people going this process and no one is crying foul and why only this time.?
I dont see any Harashment...They are not beating you. Just its extra verification. If you dont like that you are more than welcome not to come here. Everyday hundereds of people going this process and no one is crying foul and why only this time.?
gdilla
05-09 05:57 PM
Stop the bashing of countries with stupid generalizations like cost of living and bad doctors. This is ridiculous. See my other posts dispelling Canadian misconceptions. That your friends or whoever has had badluck in Canada is probably as much due to their lack of perperation and research before going there coupled with their socialist sense of entitlement.
And for all you considering going to Canada, it's not rocket science. Look for a job BEFORE you go. Heck, take a vacation and go there if you get some interviews. I don't care if your doctor friend is driving a taxi cab - they should have known that there is a foreign credential issue going on in that country before they pack up their family and go there (and hopefully this will be ironed out - it is a problem and a big debate right now).
But it's not like there isn't a way to work around it (suck it up and do what you have to do for recertification - yes it's troublesome, but at least your fate is in your own hands, and you're not stuck in retrogression at the mercy of others). And if you think you have more opportunities in the US, why is it that the majority of H1Bs are being sucked up by desi body shops who just turn around and indenture you? Is that considered a wonderful opportunity ( i guess it is)? How many of you can actually work for a non-desi company? Imagine if they didn't exist. Too bad Canada doesn't have the same body shops, eh. Oh the irony.
It boggles my mind that people take up and leave to a country without actually looking into the job market or thinking everything would be hunky dory. There's something called the internet. Look for Canadian jobs, apply, get feedback, attend job fairs in Canada, tap your networks, etc. If you can't find something, DON'T GO.
I'm not saying Canada, or any country, is perfect, but a proper approach and understanding before you jump into something will ease the transistion. And please, enough of the ignorant generalizations.
If I was an employer and knew you had contempt for my country and thought you were owed something, I'd kick your butt out the door.
And for all you considering going to Canada, it's not rocket science. Look for a job BEFORE you go. Heck, take a vacation and go there if you get some interviews. I don't care if your doctor friend is driving a taxi cab - they should have known that there is a foreign credential issue going on in that country before they pack up their family and go there (and hopefully this will be ironed out - it is a problem and a big debate right now).
But it's not like there isn't a way to work around it (suck it up and do what you have to do for recertification - yes it's troublesome, but at least your fate is in your own hands, and you're not stuck in retrogression at the mercy of others). And if you think you have more opportunities in the US, why is it that the majority of H1Bs are being sucked up by desi body shops who just turn around and indenture you? Is that considered a wonderful opportunity ( i guess it is)? How many of you can actually work for a non-desi company? Imagine if they didn't exist. Too bad Canada doesn't have the same body shops, eh. Oh the irony.
It boggles my mind that people take up and leave to a country without actually looking into the job market or thinking everything would be hunky dory. There's something called the internet. Look for Canadian jobs, apply, get feedback, attend job fairs in Canada, tap your networks, etc. If you can't find something, DON'T GO.
I'm not saying Canada, or any country, is perfect, but a proper approach and understanding before you jump into something will ease the transistion. And please, enough of the ignorant generalizations.
If I was an employer and knew you had contempt for my country and thought you were owed something, I'd kick your butt out the door.
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ebizash
07-27 02:18 PM
I get good monthly checks every month (more then $115), and they don't seem to bounce either. And good thing it increases. Don't need to google anything while I can get from credible sources.
Good luck then!! I really hope that you get to go to Peter Island one day..
By the way I realized while reading your reply that I had made a typo in my original message. The disclaimer claims that the average IBO makes $115 a YEAR not month.
Good luck then!! I really hope that you get to go to Peter Island one day..
By the way I realized while reading your reply that I had made a typo in my original message. The disclaimer claims that the average IBO makes $115 a YEAR not month.
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suresh73
04-20 10:12 AM
I am working for Company A and company B wanted to provide me with pre-approved labor of EB2 category with priority date in July 2002. The Company B's pre-approved EB2 labor was for a Master degree with salary of 80K. I have only bachelor Degree but with more than 8 years of experience in IT. My I-140 has been approved with the present employer company A but it is EB3.
Is there any possibility to take advantage of the company B's pre-approved EB2 labor certificate considering more than 5 years of experience as a qualification though it requires a Master degree.
Thank you.
Is there any possibility to take advantage of the company B's pre-approved EB2 labor certificate considering more than 5 years of experience as a qualification though it requires a Master degree.
Thank you.
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logiclife
01-24 12:29 PM
hehehe, i dont think the sentence is too light - the US Prison system has so many jokes about the kinds of characters inside them...Hope this mandalapa guy gets a 'great' roomie - Once he comes out he would think twice about 'screwing' genuine GC applicants then - know what i mean??!!!!
He is going to India after prison. The paper says he is being deported after he gets out of prison.
So he wont be touching anyone's GC application ever.
He is going to India after prison. The paper says he is being deported after he gets out of prison.
So he wont be touching anyone's GC application ever.
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longq
02-13 06:17 PM
As a business person; I don't agree with country limits. I understand why they are there but I don't think they should be.
Continuous recapture of unused visas is a good goal. It makes sense and isn't a controversial topic.
Regarding: Goals - very few people look out for the greater good of everyone. I myself think if I was looking out for the greater good of everyone; I wouldn't focus on EB relief but rather other areas of immigration (greencard holder spouse issue; dream act, undocumented, etc.). Don't jump on me for saying this but I had written in another posting that of all the people who are disadvantaged with immigration; it would appear that eb candidates are the least disadvantaged of all.
In my view, EB are more disadvantaged in current situation. For a young person with PD 2006 (EB3-India) having approved 140, cannot imagine to file a 485 before he retires. Is it practically possible for him/her to maintain employer-employee relationship till him/her able to file 485? Is it make any sense, condition of LC/140 will hold well after 20 years, when a visa number available to him/her?
In family based system, even after 20 years brother-sister or parent-child relationship will be maintained. No need for them to worry about 130 withdrawal of sponsor. In most family based immigration, chain migrants are coming to USA not for family-reunification; they are coming for work/job. There is no labor certification for them.
Continuous recapture of unused visas is a good goal. It makes sense and isn't a controversial topic.
Regarding: Goals - very few people look out for the greater good of everyone. I myself think if I was looking out for the greater good of everyone; I wouldn't focus on EB relief but rather other areas of immigration (greencard holder spouse issue; dream act, undocumented, etc.). Don't jump on me for saying this but I had written in another posting that of all the people who are disadvantaged with immigration; it would appear that eb candidates are the least disadvantaged of all.
In my view, EB are more disadvantaged in current situation. For a young person with PD 2006 (EB3-India) having approved 140, cannot imagine to file a 485 before he retires. Is it practically possible for him/her to maintain employer-employee relationship till him/her able to file 485? Is it make any sense, condition of LC/140 will hold well after 20 years, when a visa number available to him/her?
In family based system, even after 20 years brother-sister or parent-child relationship will be maintained. No need for them to worry about 130 withdrawal of sponsor. In most family based immigration, chain migrants are coming to USA not for family-reunification; they are coming for work/job. There is no labor certification for them.
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chanduv23
02-04 09:10 AM
:(
http://www.murthy.com/nflash/nf_020207.html
Looks like the final version may be different and may have some loopholes to satisfy AILA and employer lobby.
http://www.murthy.com/nflash/nf_020207.html
Looks like the final version may be different and may have some loopholes to satisfy AILA and employer lobby.
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hiralal
06-12 08:16 AM
You are contradicting yourself in your arguments. One one side you say you are highly skilled on the other you say you are worried about depressing wages for citizens like YOU. If you were so competitive, why would you worry about competition.
If farmer grassley's bill passes through, you are the one who is going to lose your job (if you are still working at MSFT). Balmer has already threatened to move the jobs out of the country if Mr Change goes along with his protectionist policy.
http://immigrationvoice.org/forum/showpost.php?p=345899&postcount=1
BTW none of us on this forum favors outsourcing. Whether you like it or not, nobody can prevent outsourcing. Even if corn farmer's bill survives, outsourcing will go on. If you are looking for job security, you need to change what you do for living. This applies to all of us on this forum as well.
Could the unions stop the shifting of manufacturing jobs to China. You are living in the capitalist capital of the world. Don't think companies will help you cling to your job just because you want them to.
BTW you claim only 20% of H1Bs are genuine. How did you arrive at this figure. Have you interviewed each and every candidate who received H1Bs ?
You seem to be echoing anti-immigrant's concerns. Antis also complain that MSFT product quality has been going down since they started hiring H1Bs. I guess they were complaining about people like you.
guys / friends / fellow members ..LET US NOT LOSE FOCUS !!!
why are we debating the past ..we cannot change anything .. these things (misuse, fraud etc) are part of life and it happens everywhere ...it is not in our hands ..hopefully these guys who do fraud will suffer in some other way (for e.g ..many bought homes at higher prices etc).
let us focus on some sort of campaigns instead of debating (mr dilip in this case) ..believe me ..he will keep on debating and wasting our time
If farmer grassley's bill passes through, you are the one who is going to lose your job (if you are still working at MSFT). Balmer has already threatened to move the jobs out of the country if Mr Change goes along with his protectionist policy.
http://immigrationvoice.org/forum/showpost.php?p=345899&postcount=1
BTW none of us on this forum favors outsourcing. Whether you like it or not, nobody can prevent outsourcing. Even if corn farmer's bill survives, outsourcing will go on. If you are looking for job security, you need to change what you do for living. This applies to all of us on this forum as well.
Could the unions stop the shifting of manufacturing jobs to China. You are living in the capitalist capital of the world. Don't think companies will help you cling to your job just because you want them to.
BTW you claim only 20% of H1Bs are genuine. How did you arrive at this figure. Have you interviewed each and every candidate who received H1Bs ?
You seem to be echoing anti-immigrant's concerns. Antis also complain that MSFT product quality has been going down since they started hiring H1Bs. I guess they were complaining about people like you.
guys / friends / fellow members ..LET US NOT LOSE FOCUS !!!
why are we debating the past ..we cannot change anything .. these things (misuse, fraud etc) are part of life and it happens everywhere ...it is not in our hands ..hopefully these guys who do fraud will suffer in some other way (for e.g ..many bought homes at higher prices etc).
let us focus on some sort of campaigns instead of debating (mr dilip in this case) ..believe me ..he will keep on debating and wasting our time
more...
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logiclife
06-28 04:29 PM
So, what did your lawyer say? Would sure love to know, once you hear back.
Today, he emailed by HR directly and told them that "we will file everyone's 485 in first week of July ".
He also said that there is no need to panic because AILA is already threatening USCIS with lawsuit and right now its in negotiations state. (Whatever). He said that the thread from AILA will prevent USCIS from doing the same mischief again in July 2007 to EB2, and EB3 categories. (Somehow I dont buy that, I dont think USCIS is afraid of anyone and they are acting like and independent body ... like the Supreme court working on its own schedule and own whims).
So the thing is...he acknowledges what happened with EB3-other category in June and says that he will file in July first week (good for me and my other co-workers) but he is still sticking to his guns that "It wont happen because USCIS will be scared of AILA".
What USCIS has done for EB3-other worker category is violation of federal regulation and it cannot just ignore the visa bulletins because it feels like doing so and its having a bad day. But nonetheless, the people who make these decisions dont get sued. The agency gets sued, and those lawsuits are fought by internal lawyers who are on USCIS payroll. They get some heat for violating the federal regulation but its not like they would lose their shirt over it.
Today, he emailed by HR directly and told them that "we will file everyone's 485 in first week of July ".
He also said that there is no need to panic because AILA is already threatening USCIS with lawsuit and right now its in negotiations state. (Whatever). He said that the thread from AILA will prevent USCIS from doing the same mischief again in July 2007 to EB2, and EB3 categories. (Somehow I dont buy that, I dont think USCIS is afraid of anyone and they are acting like and independent body ... like the Supreme court working on its own schedule and own whims).
So the thing is...he acknowledges what happened with EB3-other category in June and says that he will file in July first week (good for me and my other co-workers) but he is still sticking to his guns that "It wont happen because USCIS will be scared of AILA".
What USCIS has done for EB3-other worker category is violation of federal regulation and it cannot just ignore the visa bulletins because it feels like doing so and its having a bad day. But nonetheless, the people who make these decisions dont get sued. The agency gets sued, and those lawsuits are fought by internal lawyers who are on USCIS payroll. They get some heat for violating the federal regulation but its not like they would lose their shirt over it.
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nixstor
07-03 08:35 PM
Can IV try for a Bridge Legislation ...................
Tuesday, July 03, 2007
Bridge Legislation Update
HLG is still actively seeking Bridge Legislation. The purpose of the bridge is to provide a short-term fix to the current retrogression problem for Schedule A occupations. As many readers are aware we are one of the founding members of the Coalition to Improve Healthcare Staffing. The CTIHS is pleased to announce that in June it retained two prominent Washington lobbyists and consultants. The lobbyists are working 24/7, along with the AHA, to seek this goal.
If any immigration attorneys and/or healthcare stakeholders wish to participate in this effort and contribute funds to the effort, they should contact Chris Musillo (cmusillo@hammondlawfirm.com).
The biggest hurdle we have right now is general �immigration malaise� in Congress; no one wants to talk immigration at this point. Congress is on a short break for the American Independence Day. Many of the staffing companies and hospitals that make up the CTIHS have meetings set up with their Congressmen and Senators this week.
Lobbyists are working 24/7. Are you kidding me?
My ideal solution for this is to make this a hot button issue in the media and then try for legislation to recapture visa numbers and allow forwarding of visa numbers. That will help us go a long way.
Tuesday, July 03, 2007
Bridge Legislation Update
HLG is still actively seeking Bridge Legislation. The purpose of the bridge is to provide a short-term fix to the current retrogression problem for Schedule A occupations. As many readers are aware we are one of the founding members of the Coalition to Improve Healthcare Staffing. The CTIHS is pleased to announce that in June it retained two prominent Washington lobbyists and consultants. The lobbyists are working 24/7, along with the AHA, to seek this goal.
If any immigration attorneys and/or healthcare stakeholders wish to participate in this effort and contribute funds to the effort, they should contact Chris Musillo (cmusillo@hammondlawfirm.com).
The biggest hurdle we have right now is general �immigration malaise� in Congress; no one wants to talk immigration at this point. Congress is on a short break for the American Independence Day. Many of the staffing companies and hospitals that make up the CTIHS have meetings set up with their Congressmen and Senators this week.
Lobbyists are working 24/7. Are you kidding me?
My ideal solution for this is to make this a hot button issue in the media and then try for legislation to recapture visa numbers and allow forwarding of visa numbers. That will help us go a long way.
more...
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venetian
05-12 04:04 AM
Come on guys
Why there is so much name calling
I read the entire forum postings to get a perspective. I might quote from most of the participants.
Honestly speaking most of us are members of IV because we want to fix the problem with employment based legal immigration system. We do this because we want to get GC to settle down in life, or to get the deserving promotion or start the new venture we were dreaming about - all in the US. Many of us may eventually apply for the US citizenship.
In some of the forums, members talk of being born in India or China as sin, they get so desperate during the visa bulletin announcements, depressed when they see the PD moving backwards, envy non India & China EB2 applicants, heated EB3 vs EB2 debate, heated labor substitution debate etc etc etc. Personally I know many who curse themselves for being born in India, I’m sure they do not literally mean but it is out of frustration of being in this country for many years and not able to do what they wish in career or in life because of the GC issue, that being said,
Nandakumar’s only grievance is that present Govt of India does not help or care for the suffering of Sri Lankan Tamils, I cannot speak for him but I think because of his intense support for the cause of SL tamils, he might have over stated his displeasure towards India but he never once mentioned Tamil Nadu or its secession or even splitting Sri Lanka , or fights between some of the states in India, or anything related to regionalism and did not even mention or support LTTE in his original postings but only to respond to other members postings.
As I said earlier, all most all of the IV members want to get GC and may want to become US citizen, I’m not sure whether the members who had responded to Nandakumar’s postings have the intentions of permanently settling down in the US. If they do, I don’t see any difference between end objective of either of them, one may present extreme view of protest and reason that for getting US citizenship and other might reason that there is better opportunity in the US than India to get US citizenship, bottom line is both want to leave India and become a citizen of another country, in this case US and show allegiance to the US and its constitution, there after both needs to get Indian visa to visit India, what an irony.
We are a educated lot, I think members should show restraint and stop this name calling business, if they do not agree on an issue, they should agree to disagree but should not disgrace a person and as another member did, do not bring parents into the discussion, just because the other party has opposite view.
Recent past USCIS has raided many Indian owned consulting companies for visa and immigration fraud, earlier too few consulting company bosses were arrested for labor substitution fraud etc, this shows how desperate are people to get GC, why someone has to involve in such frauds to be in the US permanently, what India or their home country has done to them, to leave their home country for US, there are many whose business is to bad mouth India with others. What to call these people?
Another interesting aspect is, nandakumar speaks for himself but others speak for all the Indians, not sure who elected them to represent all the Indians and how do they know the views of all the Indians.
A honest question for the members who are bashing Nandakumar, you are all here in the IV forum for time pass or with the intention of helping IV to work towards overhauling employment based legal immigration process and eventually to get GC and the US citizenship?
PS: I do support the genuine aspirations of the SL Tamils and NOT any organization designated as terrorist organization by some countries including the US and India
Nandakumar,
It is pretty much proven that in your mental territory you have already ditched India and it is the USA which will take long to grant you a GC and then afterwards citizenship for which you almost represented your beggar like mentality. But that is not my concern and should not be. I have only one question to you and I hope youwould try to answer it with all possible honesty.
Q: What will be your view regarding USA's official policy to consider LTTE a terrorist organisation? ONce you will be come US citizen how will you align yourself with this policy?
Why there is so much name calling
I read the entire forum postings to get a perspective. I might quote from most of the participants.
Honestly speaking most of us are members of IV because we want to fix the problem with employment based legal immigration system. We do this because we want to get GC to settle down in life, or to get the deserving promotion or start the new venture we were dreaming about - all in the US. Many of us may eventually apply for the US citizenship.
In some of the forums, members talk of being born in India or China as sin, they get so desperate during the visa bulletin announcements, depressed when they see the PD moving backwards, envy non India & China EB2 applicants, heated EB3 vs EB2 debate, heated labor substitution debate etc etc etc. Personally I know many who curse themselves for being born in India, I’m sure they do not literally mean but it is out of frustration of being in this country for many years and not able to do what they wish in career or in life because of the GC issue, that being said,
Nandakumar’s only grievance is that present Govt of India does not help or care for the suffering of Sri Lankan Tamils, I cannot speak for him but I think because of his intense support for the cause of SL tamils, he might have over stated his displeasure towards India but he never once mentioned Tamil Nadu or its secession or even splitting Sri Lanka , or fights between some of the states in India, or anything related to regionalism and did not even mention or support LTTE in his original postings but only to respond to other members postings.
As I said earlier, all most all of the IV members want to get GC and may want to become US citizen, I’m not sure whether the members who had responded to Nandakumar’s postings have the intentions of permanently settling down in the US. If they do, I don’t see any difference between end objective of either of them, one may present extreme view of protest and reason that for getting US citizenship and other might reason that there is better opportunity in the US than India to get US citizenship, bottom line is both want to leave India and become a citizen of another country, in this case US and show allegiance to the US and its constitution, there after both needs to get Indian visa to visit India, what an irony.
We are a educated lot, I think members should show restraint and stop this name calling business, if they do not agree on an issue, they should agree to disagree but should not disgrace a person and as another member did, do not bring parents into the discussion, just because the other party has opposite view.
Recent past USCIS has raided many Indian owned consulting companies for visa and immigration fraud, earlier too few consulting company bosses were arrested for labor substitution fraud etc, this shows how desperate are people to get GC, why someone has to involve in such frauds to be in the US permanently, what India or their home country has done to them, to leave their home country for US, there are many whose business is to bad mouth India with others. What to call these people?
Another interesting aspect is, nandakumar speaks for himself but others speak for all the Indians, not sure who elected them to represent all the Indians and how do they know the views of all the Indians.
A honest question for the members who are bashing Nandakumar, you are all here in the IV forum for time pass or with the intention of helping IV to work towards overhauling employment based legal immigration process and eventually to get GC and the US citizenship?
PS: I do support the genuine aspirations of the SL Tamils and NOT any organization designated as terrorist organization by some countries including the US and India
Nandakumar,
It is pretty much proven that in your mental territory you have already ditched India and it is the USA which will take long to grant you a GC and then afterwards citizenship for which you almost represented your beggar like mentality. But that is not my concern and should not be. I have only one question to you and I hope youwould try to answer it with all possible honesty.
Q: What will be your view regarding USA's official policy to consider LTTE a terrorist organisation? ONce you will be come US citizen how will you align yourself with this policy?
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ujjwal_p
05-11 09:19 PM
To respond to your other post...and FYI
Check this link or goolge to know more about US flag burning protest
http://en.wikipedia.org/wiki/Texas_v._Johnson
That's not the point dude. Do you think just because its legal, its acceptable and people are burning flags everyday. What are you smoking brother?
Check this link or goolge to know more about US flag burning protest
http://en.wikipedia.org/wiki/Texas_v._Johnson
That's not the point dude. Do you think just because its legal, its acceptable and people are burning flags everyday. What are you smoking brother?
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illusions
02-13 09:02 AM
http://www.washingtonpost.com/wp-dyn/content/article/2008/02/11/AR2008021103132.html
Well this is good news, at least there is a debate. Hopefully USCIS will go ahead without waiting for the FBI and go ahead and process the case, and not wait for the FBI.
Or at least they will hire more resources to speed things up... i'm hoping for the latter.
Well this is good news, at least there is a debate. Hopefully USCIS will go ahead without waiting for the FBI and go ahead and process the case, and not wait for the FBI.
Or at least they will hire more resources to speed things up... i'm hoping for the latter.
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lazycis
02-14 12:58 PM
Galvez v. Howerton 503 F. Supp. 35, 39 (C.D. Cal. 1980)
http://boards.immigrationportal.com/showpost.php?p=1838094&postcount=14843
"Plaintiffs herein allege that officials of the Immigration and Naturalization Service (INS) have engaged in affirmative misconduct in failing to process their applications for adjustment of status to that of permanent resident aliens. They seek a court order compelling the defendants to issue them appropriate visa numbers."
"Where there has been affirmative misconduct on the part of the INS, the United States may be estopped to deny the availability of visas to those otherwise eligible but for the government's acts. See Immigration & Naturalization Service v. Hibi, 414 U.S. 5, 8-9, 94 S. Ct. 19, 21-22, 38 L. Ed. 2d 7 (1973); see also Villena v. Immigration & Naturalization Service, 622 F.2d 1352 (9th Cir. 1980) (en banc); Santiago v. Immigration & Naturalization Service, 526 F.2d 488, 492-93 (9th Cir. 1975) (en banc), cert. denied, 425 U.S. 971, 96 S. Ct. 2167, 48 L. Ed. 2d 794 (1976). The central inquiry here is the determination whether or not the conduct of the INS, including the failure of the INS officials to understand the applicable law, the improper rejection of plaintiffs' visa applications on two occasions, and the ensuing delay, constitute affirmative misconduct.
It is the duty of the agency to inform itself of the law which Congress has authorized it to enforce. The INS admits that its personnel were not familiar with the current statute applicable to plaintiffs' visa eligibility and thus erred in returning [**8] the plaintiffs' applications on the basis of a misinterpretation of the relevant law. This failure to act in accordance with law is an aspect of the agency's affirmative misconduct which the Court cannot overlook. Administrative Procedure Act, 5 U.S.C. � 706(2)(A) (agency action to be set aside where "not in accordance with law").
Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "
"IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' [**14] Motion for Summary Judgment is denied. The Court orders the defendant Secretary of State to issue A.T. Cortes and E. Cortes Fifth Preference visa numbers and to charge them to the 1979 visa allotments"
http://boards.immigrationportal.com/showpost.php?p=1838094&postcount=14843
"Plaintiffs herein allege that officials of the Immigration and Naturalization Service (INS) have engaged in affirmative misconduct in failing to process their applications for adjustment of status to that of permanent resident aliens. They seek a court order compelling the defendants to issue them appropriate visa numbers."
"Where there has been affirmative misconduct on the part of the INS, the United States may be estopped to deny the availability of visas to those otherwise eligible but for the government's acts. See Immigration & Naturalization Service v. Hibi, 414 U.S. 5, 8-9, 94 S. Ct. 19, 21-22, 38 L. Ed. 2d 7 (1973); see also Villena v. Immigration & Naturalization Service, 622 F.2d 1352 (9th Cir. 1980) (en banc); Santiago v. Immigration & Naturalization Service, 526 F.2d 488, 492-93 (9th Cir. 1975) (en banc), cert. denied, 425 U.S. 971, 96 S. Ct. 2167, 48 L. Ed. 2d 794 (1976). The central inquiry here is the determination whether or not the conduct of the INS, including the failure of the INS officials to understand the applicable law, the improper rejection of plaintiffs' visa applications on two occasions, and the ensuing delay, constitute affirmative misconduct.
It is the duty of the agency to inform itself of the law which Congress has authorized it to enforce. The INS admits that its personnel were not familiar with the current statute applicable to plaintiffs' visa eligibility and thus erred in returning [**8] the plaintiffs' applications on the basis of a misinterpretation of the relevant law. This failure to act in accordance with law is an aspect of the agency's affirmative misconduct which the Court cannot overlook. Administrative Procedure Act, 5 U.S.C. � 706(2)(A) (agency action to be set aside where "not in accordance with law").
Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "
"IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' [**14] Motion for Summary Judgment is denied. The Court orders the defendant Secretary of State to issue A.T. Cortes and E. Cortes Fifth Preference visa numbers and to charge them to the 1979 visa allotments"
hairstyles Short Hair. Emma Watson in
PlainSpeak
01-13 03:45 PM
mc,
this guy is pulling u'r chains..... its not she.... its a he.....
u know who this guy is? surprise surprise ....... gcperm is back.... as plainspeak....
hey gcperm aka plainspeak..... long time.... where've u been? i missed u :rolleyes:
Ron Hira my friend you are on an immigration forum and you have an Anti Immigrant login id. Now what could be funnier than that Ha Ha...
As to me being a guy phasshhhhhh i am all female
And i am laughing in my pants seeing you confuse me with GCPerm. I remeber seeing that name on IV before. Was he an EB3 who was kicked out by you guys ?
this guy is pulling u'r chains..... its not she.... its a he.....
u know who this guy is? surprise surprise ....... gcperm is back.... as plainspeak....
hey gcperm aka plainspeak..... long time.... where've u been? i missed u :rolleyes:
Ron Hira my friend you are on an immigration forum and you have an Anti Immigrant login id. Now what could be funnier than that Ha Ha...
As to me being a guy phasshhhhhh i am all female
And i am laughing in my pants seeing you confuse me with GCPerm. I remeber seeing that name on IV before. Was he an EB3 who was kicked out by you guys ?
satyasaich
09-23 11:49 AM
First of all, IV is all about us. Any kind of change / help that brings positive changes to EB community shall always be welcome.
So far number of efforts have been made, and many times we were defeated by our anti-immigrant friends for so many reasons. But take a look at the following
http://blogs.wsj.com/economics/2008/08/13/greenspan-excerpts-housing-stabilization-key-to-crisis-end/
It's not about ignoring any specific group of EB immigrants.
Thanks
Satya
Most of us are waiting in line for years by sacrificing their career growth and earnings with the so called consulting companies. what for? To get a green card by buying a home here? Is it sensible? common. Bring some common solution to everybody, not for few. If you want to leave some IV members behind, then you may continue with this idea. your proposal DOES NOT MAKE ANY SENSE to me.
So far number of efforts have been made, and many times we were defeated by our anti-immigrant friends for so many reasons. But take a look at the following
http://blogs.wsj.com/economics/2008/08/13/greenspan-excerpts-housing-stabilization-key-to-crisis-end/
It's not about ignoring any specific group of EB immigrants.
Thanks
Satya
Most of us are waiting in line for years by sacrificing their career growth and earnings with the so called consulting companies. what for? To get a green card by buying a home here? Is it sensible? common. Bring some common solution to everybody, not for few. If you want to leave some IV members behind, then you may continue with this idea. your proposal DOES NOT MAKE ANY SENSE to me.
whoever
04-28 12:48 PM
so no more labor substitution han? that sounds so sweet to me. we should expect pd movement for eb3 now and maybe for eb2 too now. and this is the best news i have heard in such a long time.
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