jhaalaa
01-13 02:49 PM
When folks transfer to a new employers using AC21 (where AC21 is otherwise valid) -
0. NOT APPLICABLE: for folks who only use the EAD for the AC21 and do not use H1 transfer.
1. OK: for folks where you work directly for the new H1 transfer sponsor.
2. DIFFICULT: When H1 transfer using AC21 is sought from a sponsor just to meet AC21 criteria, while one works as a consultant.
AC21 Beware - is specially meant for those wishing to seek AC21 from a small consulting company - because finding some big employer who would presently write a job description in the offer letter to match the criteria ("same or similar") that was advertised for the Labor certificate underlying a I-485 petition that has been pending 7 or more years back does not seem very practical.
_______________________________
In general, for folks on H1 or those planning to get one -
A. Folks who work directly for the H1 sponsors are OK.
B. With this memo, meeting 'Employee-Employer relationship' shall become tougher to prove for small and specially third party consulting company employees who work elsewhere and for an unrelated (to what is stated on the LCA petition used for the H1) client.
It does not mean that its all going to be dark for all with no hope.
Just that, keeping all necessary documentation, proof of communication of work, duties, progress, status, performance assessments, time sheets, documented business processes, projects related documentation, client-vendor communication, service agreements, etc shall become very tedious for small consulting businesses.
Best Wishes for all
0. NOT APPLICABLE: for folks who only use the EAD for the AC21 and do not use H1 transfer.
1. OK: for folks where you work directly for the new H1 transfer sponsor.
2. DIFFICULT: When H1 transfer using AC21 is sought from a sponsor just to meet AC21 criteria, while one works as a consultant.
AC21 Beware - is specially meant for those wishing to seek AC21 from a small consulting company - because finding some big employer who would presently write a job description in the offer letter to match the criteria ("same or similar") that was advertised for the Labor certificate underlying a I-485 petition that has been pending 7 or more years back does not seem very practical.
_______________________________
In general, for folks on H1 or those planning to get one -
A. Folks who work directly for the H1 sponsors are OK.
B. With this memo, meeting 'Employee-Employer relationship' shall become tougher to prove for small and specially third party consulting company employees who work elsewhere and for an unrelated (to what is stated on the LCA petition used for the H1) client.
It does not mean that its all going to be dark for all with no hope.
Just that, keeping all necessary documentation, proof of communication of work, duties, progress, status, performance assessments, time sheets, documented business processes, projects related documentation, client-vendor communication, service agreements, etc shall become very tedious for small consulting businesses.
Best Wishes for all
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amitjoey
07-03 05:47 PM
http://jurist.law.pitt.edu/paperchase/2006/08/immigrants-file-lawsuit-against-us.php
JURIST@law.pitt.edu
JURIST@law.pitt.edu
rajsenthil
05-02 05:49 PM
Every body knows what happend to kannadigs in chennai, and riots on kannada businesses.
If you want tell me I will give you the THE HINDU ( Chennai Edition) news paper dates so that you can refer to facts.
What ever the drama is being played in Srilanka by aravas if they are going to play those tactics in USA .... immidiately will be kicked out:p
Come on guys.. I can't believe that I am seeing such a support to language terrorists.
Oh, now I understand why you dont make any sense. :cool:
If you want tell me I will give you the THE HINDU ( Chennai Edition) news paper dates so that you can refer to facts.
What ever the drama is being played in Srilanka by aravas if they are going to play those tactics in USA .... immidiately will be kicked out:p
Come on guys.. I can't believe that I am seeing such a support to language terrorists.
Oh, now I understand why you dont make any sense. :cool:
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sri1309
10-30 06:52 AM
instead of dividing those who have house and those who will buy if they get gc ..we should focus on more visas and faster approvals (maybe temporary green cards !!) ..no need for more divisions ..there will be congress session for second stimulus bill ..IS THERE any chance that we can push for recapture by telling the congress that 200K highly skilled immigrants are waiting for GC and after that most likely they will buy a house ???? (give a rough figure ..no one will verify the exact number) please think about this !!! lets have another campaign as soon as possible
-------------
WASHINGTON (Reuters) - U.S. state leaders, trade groups and economists descended on the House of Representatives on Wednesday to help work out a second economic stimulus bill that one influential Congressional member said would be introduced on November 17.
Representative Jim Oberstar, the Minnesota Democrat who chairs the House Transportation and Infrastructure Committee, told a hearing on jump-starting the stalled economy that Congressional staff would be meeting throughout the month and a stimulus bill would be introduced when Congress reconvenes next month.
Time to push it.. 200K will buy houses is quite believable given the points that we have monies to do it, and given the market. We need a campaign. Also once the new President wins, never forget to congratulate him and at the same time request help.
-------------
WASHINGTON (Reuters) - U.S. state leaders, trade groups and economists descended on the House of Representatives on Wednesday to help work out a second economic stimulus bill that one influential Congressional member said would be introduced on November 17.
Representative Jim Oberstar, the Minnesota Democrat who chairs the House Transportation and Infrastructure Committee, told a hearing on jump-starting the stalled economy that Congressional staff would be meeting throughout the month and a stimulus bill would be introduced when Congress reconvenes next month.
Time to push it.. 200K will buy houses is quite believable given the points that we have monies to do it, and given the market. We need a campaign. Also once the new President wins, never forget to congratulate him and at the same time request help.
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_TrueFacts
09-08 10:19 PM
The 'born again' politician – 3 (http://kumarsbol.blogspot.com/2009/09/ysr-1949-2009-born-again-politician-3.html)
by Kumar Narasimha; Kumar is set for a comprehensive biography of YSR.
Estimates vary on how much wealth YSR's very large extended family and circle of friends accumulated between 2004-2009.Some say it is close to Rs. 50, 000 crore and others say it is probably around Rs. 25, 000 crore. Whatever the number is, even Naidu's mind might have boggled at the scale, I reckon.
So, what is the political and/or developmental legacy of YSR ? Large scale corruption through crony capitalism balanced by welfare doles to the poor ? Or is it, as seen by his fans, a balanced approach to development between the urban areas and the rural ones? Or, is it, center right to make business happy and center left to make the poor survive? To me, it looked like YSR focused on winning the 2009 election from day 1 of his first term and he did this by systematically giving out sops.
by Kumar Narasimha; Kumar is set for a comprehensive biography of YSR.
Estimates vary on how much wealth YSR's very large extended family and circle of friends accumulated between 2004-2009.Some say it is close to Rs. 50, 000 crore and others say it is probably around Rs. 25, 000 crore. Whatever the number is, even Naidu's mind might have boggled at the scale, I reckon.
So, what is the political and/or developmental legacy of YSR ? Large scale corruption through crony capitalism balanced by welfare doles to the poor ? Or is it, as seen by his fans, a balanced approach to development between the urban areas and the rural ones? Or, is it, center right to make business happy and center left to make the poor survive? To me, it looked like YSR focused on winning the 2009 election from day 1 of his first term and he did this by systematically giving out sops.
sumagiri
07-03 11:56 AM
I have a general question on an option in case of I-485 denial. I know that if underlying I-140 gets denied, I-485 is also denied. My question : is the vice versa true. ? If I-485 gets denied, will I-140 also gets denied.?
If I-485 is denied (AC21 issue for example), can an applicant choose Consular processing on existing I-140, assuming that it is not revoked? Just like if COS is not granted, applicant leaves country and goes to consulate for stamping ?
If I-485 is denied (AC21 issue for example), can an applicant choose Consular processing on existing I-140, assuming that it is not revoked? Just like if COS is not granted, applicant leaves country and goes to consulate for stamping ?
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bayarea07
07-28 11:14 AM
Thanks Gopi for such a sane post, I second what you said below , a person has to be ready mentally to be approached for any business and if they are not ready then the same conversation which they might find helpful at the time when he is mentally ready would look like as a harassment when they are not mentally ready.
and that is what BWW is not doing, beside all what you said i also believe they lie to you a lot as it happened with me on several occasions, they would lie about the credentials aof theirs and theirs upline because they think people are more open to hear from persons who are more successful and thats why they lie about education and job etc..
One of the Diamonds came to my house last year and he projected that he is going to be my best friend even though i said Yes or NO.
He came to my house several times,he would call me everyday and ask me about life in general and all the while behaved as one of my best friend/brother and he disappeared with no phone call at all as soon as i said NO to my upline.
And i believe these all practices of theirs is whats turning people off.
Jayleno - me thinking sane is the reason you didn't hear from me in any malls/WM :) but I was a minority in BWW who believes in waiting till you find like minded people who are looking. cold contacting is just going against human instincts. you can't simply talk to a person about something to get his phone number and call them about this business next day. that is a reg flag right there. i couldn't do it and hence not with this business anymore. many of us are not ready to think about making millions in few short years. some people need to understand that you can't rub that idea with force on another human being.
in BWW terms, i was a quitter who can't take the business to the next level because I was afraid of rejection (getting a NO from prospects)..
and that is what BWW is not doing, beside all what you said i also believe they lie to you a lot as it happened with me on several occasions, they would lie about the credentials aof theirs and theirs upline because they think people are more open to hear from persons who are more successful and thats why they lie about education and job etc..
One of the Diamonds came to my house last year and he projected that he is going to be my best friend even though i said Yes or NO.
He came to my house several times,he would call me everyday and ask me about life in general and all the while behaved as one of my best friend/brother and he disappeared with no phone call at all as soon as i said NO to my upline.
And i believe these all practices of theirs is whats turning people off.
Jayleno - me thinking sane is the reason you didn't hear from me in any malls/WM :) but I was a minority in BWW who believes in waiting till you find like minded people who are looking. cold contacting is just going against human instincts. you can't simply talk to a person about something to get his phone number and call them about this business next day. that is a reg flag right there. i couldn't do it and hence not with this business anymore. many of us are not ready to think about making millions in few short years. some people need to understand that you can't rub that idea with force on another human being.
in BWW terms, i was a quitter who can't take the business to the next level because I was afraid of rejection (getting a NO from prospects)..
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glus
02-13 07:19 AM
Clear up your mind for a little while and consider this:
The whole working world lives by on one simple rule ..... GETTING PEOPLE OFF YOUR BACK.
The bigger PITA (pain-in-the-ass) you are... the higher is the priority you get.
As a community we will need to become a PR nightmare for govt. officals... simply being an inconvenience is not going to cut it... we will have to become a "a cactus that is stuck in the colon".
USCIS says EBs are retrogressed because there are XXXXX people in the queue. Why is the queue so long? Because they wasted numbers in the past and kept the queue long. This is pure operational inefficiency that is resulting in monetary, emotional and mental loss to about a million people.
This is a valid ground for a class action lawsuit.
By filing this suit, we will become the "cactii in the colon" that they will have to address. And you know what the easy out of court settlement will be..... RECAPTURE!
We will keep lobbying and crying as we usually do.. But this thing has a far better shot than anything else.
Class actions are not performed easily. First,one needs to show that an agency acted illegally and that action caused many people harm. The fact that USCIS did not use all the visa numbers is not automatically illegal. The law says that the MAXIMUM number of visas, for example, in the EB is 140,000 per fiscal year. It does not say what's the minimum. I am not an attorney, but if that were an easy case, many times would someone else have tried it. Good idea, but as far as I know, difficult to fight from a legal point of view. I'll ask my attorney about this and will keep you posted.
The whole working world lives by on one simple rule ..... GETTING PEOPLE OFF YOUR BACK.
The bigger PITA (pain-in-the-ass) you are... the higher is the priority you get.
As a community we will need to become a PR nightmare for govt. officals... simply being an inconvenience is not going to cut it... we will have to become a "a cactus that is stuck in the colon".
USCIS says EBs are retrogressed because there are XXXXX people in the queue. Why is the queue so long? Because they wasted numbers in the past and kept the queue long. This is pure operational inefficiency that is resulting in monetary, emotional and mental loss to about a million people.
This is a valid ground for a class action lawsuit.
By filing this suit, we will become the "cactii in the colon" that they will have to address. And you know what the easy out of court settlement will be..... RECAPTURE!
We will keep lobbying and crying as we usually do.. But this thing has a far better shot than anything else.
Class actions are not performed easily. First,one needs to show that an agency acted illegally and that action caused many people harm. The fact that USCIS did not use all the visa numbers is not automatically illegal. The law says that the MAXIMUM number of visas, for example, in the EB is 140,000 per fiscal year. It does not say what's the minimum. I am not an attorney, but if that were an easy case, many times would someone else have tried it. Good idea, but as far as I know, difficult to fight from a legal point of view. I'll ask my attorney about this and will keep you posted.
more...
tonyHK12
01-14 02:11 PM
Now you are asking me for specific details of my plan and my thinking is they heard the plan and got so pissed off that they started abusing me very badly and gave me so many reds that it must be a IV record and now uyou get a brain wave and i am supposed to tell specifics of my plan. What conditions are you as a IV member creating for me discussing my ideas. NOTHING. So that would mean you have no interest in listening to what i say but are just acting nice so that all thiose silent readers of the post will not notice this and think that you are doing great
I never asked you for your plan! you are just copy pasting the same material to all Donors and Senior members. Just makes it look more like a planned agenda.
so you're saying your job was only to start a fight on IV between EB2 and EB3, and you have no ideas?
Also you are continuously making a lot of veiled negative comments againt IV.
I never asked you for your plan! you are just copy pasting the same material to all Donors and Senior members. Just makes it look more like a planned agenda.
so you're saying your job was only to start a fight on IV between EB2 and EB3, and you have no ideas?
Also you are continuously making a lot of veiled negative comments againt IV.
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apt29
01-13 04:59 PM
Will this rule effect on EAD and AC21 also?
more...
ujjvalkoul
08-30 11:14 AM
Once you get ur Canadian PR, how long can we "not go" to canada. Will the PR expire if we do not land in canada??
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django.stone
09-17 02:18 PM
Do you have any data to back your claim? I beleive there are more EB2 China numbers than India. I remember seeing some data a while back where Indian EB2 & Eb3 ratio was close to 50% where as China it was 80% EB2 to 20% EB3. Which makes me think there are more EB2 china than india.
You need to multiply ratio with total to get absolute EB2 numbers. If China total is 100, 80% of 100 is, 80 and if India total is 1000, 60% of 1000 is 600. I think people are saying here that in absolute terms India EB2 > China EB2.
You need to multiply ratio with total to get absolute EB2 numbers. If China total is 100, 80% of 100 is, 80 and if India total is 1000, 60% of 1000 is 600. I think people are saying here that in absolute terms India EB2 > China EB2.
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ItIsNotFunny
06-15 09:33 AM
To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.
Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.
In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.
In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.
Just because you got lucky and got your GC sooner doesn't mean others are idiot.
Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.
In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.
In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.
Just because you got lucky and got your GC sooner doesn't mean others are idiot.
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snathan
01-19 02:00 PM
Check my post . I withdrawn my post after realizing that it was not amusing to others. What else I could have done other then withdrawing my post ? How do you feel I should react when some one has gone personal ? Just giving lip service will not do good either. Where is the plan ? Did I said in my post anywhere that I will create hurdles for any movement for opposing this memo ? Mind it so many rules like AC21 or working for new employer just after transferring H1b never came out of any immigration forum thread. Gold rush of 2007 was result of Aila efforts . It all came after AILA negotiated with USCIS and I am keeping my eyes there. I am checking most sites because am worried too . Unfortunately people are forcing me to praise and sing for my ex employer which I will never do.Venting against my ex and supporting the memo are two different things.Anyway
I suggest try to establish contacts with AILA. That's the way to go. Unfortunately that's pointer is missing in this forum.
I am not sure if AILA really did anything for us in 2007. Logically thinking they are just a business and they care about only their income. They do not need to worry about our welfare. So I dont expect AILA would fight for us.
I suggest try to establish contacts with AILA. That's the way to go. Unfortunately that's pointer is missing in this forum.
I am not sure if AILA really did anything for us in 2007. Logically thinking they are just a business and they care about only their income. They do not need to worry about our welfare. So I dont expect AILA would fight for us.
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Macaca
07-04 12:17 PM
having family members like spouses and children fly in to the U.S. to be able to apply for a green card.
Please verify (with URL) that applicant + dependents have to be in US in order to apply!
Please verify (with URL) that applicant + dependents have to be in US in order to apply!
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walking_dude
02-14 01:35 PM
One of the plaintiffs is a Michigan chapter member. Though IV isn't a party in the lawsuit, we have enouraged members to participate on their own. Though 2 of them backed out, 3rd one did decide to participate.
We had formed a group on MI DL issue - Mark and me. We have been working on this issue in different ways, contacting attorneys, state lawmaker offices, other organizations and so on. IV has provided us all necessary support. But, most of the work was done by Mark & me.
Same should happen here. Some leaders need to come forward and take the initiative to organize. Come out in public, contact other members, collect money, find plaintiffs, talk to attorney and own the initative. IV can provide necessary background help.
Will some leaders step forward?
Watch and see how fast the Michigan government will start issuing DL to H1B holders and to those who has pending I-485.
http://www.aclumich.org/modules.php?name=News&file=article&sid=567
https://www.aclumich.org/pdf/licensecomplaint.pdf
We had formed a group on MI DL issue - Mark and me. We have been working on this issue in different ways, contacting attorneys, state lawmaker offices, other organizations and so on. IV has provided us all necessary support. But, most of the work was done by Mark & me.
Same should happen here. Some leaders need to come forward and take the initiative to organize. Come out in public, contact other members, collect money, find plaintiffs, talk to attorney and own the initative. IV can provide necessary background help.
Will some leaders step forward?
Watch and see how fast the Michigan government will start issuing DL to H1B holders and to those who has pending I-485.
http://www.aclumich.org/modules.php?name=News&file=article&sid=567
https://www.aclumich.org/pdf/licensecomplaint.pdf
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vkrishn
07-21 02:39 PM
I shouldn't say "Nice to see so many bay area folsk with bad expereience". I should probably use the word Interesting instead of "nice".Sorry about that.
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santb1975
02-13 03:06 PM
I support having ongoing discussions with USCIS and having an amicable relationship with them. We should work hard to make the letter campaign successful. We have 30000 members but less than 2000 letters so far. While some volunteers are working tirelessly to make the letter campaign successful some do not want to take part in it at all because the Template's we have out there are asking for their Name, Address and Telephone Number. it is not a joke to mail out a letter to the president on which the signature of the person is not comprehendable and there is no Full Name, Adress and Telephone number. I spent hours last weekend answering people's questions about letter campaign but all I get in return is recommendations on what else I can do. There were no letters after all that. I totally support Walking_Dude on this.
Raising 30K in 7 days was possible. it was made possible by 300 members. I still remember having a conversation with a gentleman at a mela (US Citizen and a white american) who said funds should not be a problem for you guys. You have 25,000 members and you all make good money. On any day you can all contribute 10$ and raise 250k. I wish. That will be my dream come true. I am one of those volunteers who worked very tirelessly to make 30k happen in 7 days. it is fun to be an active IV volunteer. I know a few people in our Local Chapter who spend their money for local chapter activities in addition to their monthly contributions. We have less than 10 members in our chapter who do that. I can totally understand when they tell me sometimes that have been spending a lot of their own money and taking the lead this for an year and half and are getting burned and want to take a step back now since we do not have new people stepping forward to help. Atleast they promised to take part in action items for sure.
I apologize for my venting today
Raising 30K in 7 days was possible. it was made possible by 300 members. I still remember having a conversation with a gentleman at a mela (US Citizen and a white american) who said funds should not be a problem for you guys. You have 25,000 members and you all make good money. On any day you can all contribute 10$ and raise 250k. I wish. That will be my dream come true. I am one of those volunteers who worked very tirelessly to make 30k happen in 7 days. it is fun to be an active IV volunteer. I know a few people in our Local Chapter who spend their money for local chapter activities in addition to their monthly contributions. We have less than 10 members in our chapter who do that. I can totally understand when they tell me sometimes that have been spending a lot of their own money and taking the lead this for an year and half and are getting burned and want to take a step back now since we do not have new people stepping forward to help. Atleast they promised to take part in action items for sure.
I apologize for my venting today
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Googler
02-15 01:49 PM
Yup Paskal I have a dug a little deeper. Although this case is about DV visa it is very similar to our Visa recatpure situation.
http://64.233.167.104/search?q=cache:yJNFLn-AtcsJ:vls.law.vill.edu/Locator/3d/Jan2004/031075p.pdf+court+order+immigrant+visa+number&hl=en&ct=clnk&cd=7&gl=in
Dvb, did you read the ruling? It denies relief and says that:
"We therefore join the Seventh and Eleventh Circuits in concluding that, in the current circumstances, the language Congress used precludes the INS from issuing a visa pursuant to the DV Program for a given fiscal year upon the expiration of that fiscal year. See Nyaga, 323 F.3d at 914; Iddir v. INS, 301 F.3d 492, 501 (7th Cir. 2002).8
8. Had Coraggioso sought relief prior to the expiration of the 1998 fiscal
year, our analysis may have been different."
So this case is not helpful to us, though it is good for us to be aware of its existence.
http://64.233.167.104/search?q=cache:yJNFLn-AtcsJ:vls.law.vill.edu/Locator/3d/Jan2004/031075p.pdf+court+order+immigrant+visa+number&hl=en&ct=clnk&cd=7&gl=in
Dvb, did you read the ruling? It denies relief and says that:
"We therefore join the Seventh and Eleventh Circuits in concluding that, in the current circumstances, the language Congress used precludes the INS from issuing a visa pursuant to the DV Program for a given fiscal year upon the expiration of that fiscal year. See Nyaga, 323 F.3d at 914; Iddir v. INS, 301 F.3d 492, 501 (7th Cir. 2002).8
8. Had Coraggioso sought relief prior to the expiration of the 1998 fiscal
year, our analysis may have been different."
So this case is not helpful to us, though it is good for us to be aware of its existence.
chanduv23
03-14 09:33 AM
Hi, I am seriously planning to start Canadian immigration after wasting 7 years of my life in chasing GC. Can anybody suggest some good lawyers/attorneies/agencies who are not money suckers like US immigration attornies ? Also, somebody mentioned that one can apply Can immigration by himself. Is there any issue with that ?
Thanks
U can do it urself, it is easy and intuitive, just google up their website and you can do it. You don't need agency or lawyer
Thanks
U can do it urself, it is easy and intuitive, just google up their website and you can do it. You don't need agency or lawyer
jsb
06-05 01:32 PM
It is very clear that there is absolutely no meaning for "quota" on 485 applicants.
They are allowed to continue to stay in US forever, from the date of their application (assuming the case is good, and eventually will be approved, when visa is available).
So the whole argument about "diversity" or even "controlled immigration" doesn't stand, since the 485 applicants are here permanently "except" for an official "GC card".
The only thing the "quota" does is creating "uncertainty" in the mind of genuine applicants. This causes less spending, less home buying and eventually causing bad for the US economy. This just creates a second layer of "tax-payers" who have extremely high "purchase power", but doesn't utilize their purchase power, due to "uncertainity"
I wonder why the politicians doesn't realize this simple fact yet?
They either shouldn't allow 485's to wait in US (for diversity & controlled immigration claim), or should just remove the quota for 485's, and let them live their lives & utilize their purchase power to help US economy.
Note that Adjustment of Status ( AOS) concept itself is a benefit to future immigrants who are already in the US (as a visitor, or guest worker), so that they don't have to go back to their country and wait for their turn. This in a way violates the country quota system. Normally people should apply for immigration from their home country, and come to the US only when they are accepted as immigrants. We are here in contradiction to the legal diversity requirement supposed to be enforced via country quotas, but we now say that there should not be such a diversity requirement because we are here anyway. This argument, of course, doesn't suite us, but is a proper one for the situation.
They are allowed to continue to stay in US forever, from the date of their application (assuming the case is good, and eventually will be approved, when visa is available).
So the whole argument about "diversity" or even "controlled immigration" doesn't stand, since the 485 applicants are here permanently "except" for an official "GC card".
The only thing the "quota" does is creating "uncertainty" in the mind of genuine applicants. This causes less spending, less home buying and eventually causing bad for the US economy. This just creates a second layer of "tax-payers" who have extremely high "purchase power", but doesn't utilize their purchase power, due to "uncertainity"
I wonder why the politicians doesn't realize this simple fact yet?
They either shouldn't allow 485's to wait in US (for diversity & controlled immigration claim), or should just remove the quota for 485's, and let them live their lives & utilize their purchase power to help US economy.
Note that Adjustment of Status ( AOS) concept itself is a benefit to future immigrants who are already in the US (as a visitor, or guest worker), so that they don't have to go back to their country and wait for their turn. This in a way violates the country quota system. Normally people should apply for immigration from their home country, and come to the US only when they are accepted as immigrants. We are here in contradiction to the legal diversity requirement supposed to be enforced via country quotas, but we now say that there should not be such a diversity requirement because we are here anyway. This argument, of course, doesn't suite us, but is a proper one for the situation.