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  • pappu
    07-02 06:08 PM
    Immigration Voice is compiling experiences from members on the 02/07 Visa Bulletin incident. Please see the posts below.

    We encourage members to share their experiences with us. Please look at the posts below for focus and talking points, and post your stories on IV at
    http://immigrationvoice.org/forum/showthread.php?p=99550#post99550
    with details on:
    a) Your current Green Card Status
    b) If you have yet sent in your I-485 application
    c) Your contact details along with Name and handle on IV. IV is mindful of your privacy and will share this information externally only with prior consent. No anonymous write-ups, please
    d) IMPORTANT: We want to keep our focus in our stories only on the following issues:
    - Impact of 07/02 on your application (Quality of life issues, time and money expended, inconvenience experienced, et al)
    - Request USCIS /DOS to consider accepting 485s filed
    - Please refrain from mentioning AILA or even questioning the mechanics of USCIS in the past few days
    - Please refrain from using strong negative accusatory adjectives while refering to any federal or state agency

    Some of our key members will guide you through the process.

    WHAT'S BEEN DONE ALREADY
    Stories that have been accepted for publishing are listed on our blog at immigrationvoice.blogspot.com

    http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html
    The above story ranked the highest (over 3500 views) in the last 7 days on prlog.

    An additional story was also released yesterday:
    http://www.prlog.org/10022854-american-dream-suspended-on-the-eve-of-july-fourth-for-several-thousand-legal-green-card-aspirants.html

    WHAT YOU CAN DO
    a) Distribute the above stories (Other blogs, contacts)
    b) Submit more write-ups





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  • eb3_2004
    02-14 03:28 PM
    Here is my 2 cents on this

    Lets say the interested muster around plaintiffs and sue USCIS. Also, The court agrees that USCIS did not do its duty. Will the court go to the extent of ruling over INA which clearly says that unused visa numbers cannot be recaptured? Will the courts/judicial system set such a precedent where they will go against law just because the agency failed to implement it correctly? I don't think they will set such a precedent by overruling against the law set up by congress and the President who signed it. By long shot, Can the court recommend congress to fix the situation by changing the law and by allowing recapture? Possibly. Does that help and fix our issue?

    If lawsuit/court cannot make USCIS use the numbers, how can USCIS admin fix do this?.. I am not fighting here (I sent my letters already!!!)...this just came to my mind...





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  • Jerrome
    05-11 04:55 PM
    Correct! And it is not even a "Civil War". It is really a war ti erradicate terrorism from Sri Lankan soil. The term Civil War refers to a war between people in a country. The SL government is not waging a war against it's Tamil citizens but against a terrorist group.

    Whoever is supporting the SL govt. Do you deny these facts. From 1948 various SL govts been using different approaches and policies to discriminate Tamils in SL,Now it is in the name of fight against Terrorism.

    Ever since independence in 1948, government policies have systematically violated the social, economic and cultural rights of Tamils: through the disenfranchisement of the Indian Tamils, through state sponsored colonization of the North-East by Sinhalese settlers, frequently accompanied by forceful eviction of Tamils, through a discriminatory language, education and recruitment policy which pursued but one aim: the Sinhalization of the state. Today, more than 90 % of civil servants, and 99 % of the security forces are Sinhalese. The politics of �positive discrimination� of the Sinhalese appears presently to be transformed into one of long-term exclusion of the Tamils because of proven incapacity. For what reasoning other than to eliminate the formerly superior Tamil competitiveness once and for all, while prolonging, even cementing Sinhala domination well into the next generation, can be adduced to explain the surplus of 14 000 Sinhala as against a shortage of 10 000 Tamil medium teachers, the lack of the most elementary school equipment (over 120 000 desks and chairs in the Vanni alone); a teacher pupil ratio of 70 to 1 in Tamil areas as against 22 to 1 for the rest of the country? The results of this outright violation of rights manifest themselves: in the competitive examinations for the Sri Lanka Accountant and the Administrative Service at most two Tamils were selected each year since the early 1990s!





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  • pappu
    06-02 10:46 AM
    country quota is not racial discrimination...u must be a fool to say that.

    To change the country quota..they have to change the whole philosophy of immigration in this country... Equal opportunity for all...

    Its absurd to try to change the country quota..we must try for recapture..instead..

    Then how do you explain no country quotas for undocumented in CIR?

    We need to strongly oppose reasons that we hear in favor of quotas because country quota is discriminatory.



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  • snathan
    08-17 12:40 PM
    It is not about being treated special. First thing - if you do not go through unnecessary inspection "Does not mean it is special treatment" Lets get the slavery mentality out of us.

    SRK is a visitor to the country and can vouch for himself and not for everyone sitting in that room.

    I am not talking about what SRK is doing. How many time TOI and indian media reported about this. When you were struck at Atlant in 2004 did they report...? no. Did Indian minister condomn that ? no. Why...if the system is absurd...its absurd for everyone or only for SRK?





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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"



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  • snathan
    03-30 01:26 PM
    Left parties are the worst no doubt about that. Have you gone through the BJP manifesto, its IT vision document and also have you heard about Friends of BJP forums started by Indian businessmen. Yes, Advani runs his politics on religion and Ram temple. Do you think congress does not use religion? Do you hear the news that in Kerala congress has fielded candidates supported by church? Tomorrow if Sri Sri Ravi Shankar or Ramdev baba do the same thing with BJP, our media will shout from the roof top that this is communalism. Do you know Congress is allied with Muslim League in Kerala?

    Snathan, all parties use the dirty tricks. Congress, BJP, Communists. But I will always support the party which builds Ram Temple rather than the party which destroys Ram Setu and even denies the existence of Ram.

    Yes...We had them in power for five years. It was a joke. India was Shining and we had to wear sun glass.

    I am not supporting the congress party. I am only supporting the MMS. To me, he is faaaaaaaaaaaaaaaaarr better than Mr.Advani or Mayavathi





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  • dreamworld
    05-02 09:49 PM
    Newtoearth who are you.

    why the independent news-reporters are not allowed to the places where the "hostage" "Rescue operation" are held by srilanka govt? SL Govt can not hide the truth. World knows now. So Stop saying it again and again. Try to get down to the earth.

    Do you know the core issue that created SL.Tamil issues? Read the history. Srilanka.Govt want to limit the SriLakan Minority rights and privileges. right? It might be different if the SL.Govt showed any change at policy level and get more SL.tamil civilians support before it started the "rescue operation".



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  • snathan
    08-19 10:13 AM
    Another story doing the rounds.....

    SRK as usual did not comb his hair and was dressed shabbily...

    Immigration officer: Who are you?

    SRK with a loud voice: " Im KING KHAN ".

    Immigration officer: What......???

    Other Immigration officer: Sir! He said he is KING KONG.....

    Immigration officer : Guys catch the monkey in disguise......

    SRK: Maahaaa Maahaa Maahaa Maahaa Maahaa...

    Immigration officer: Sir...Howz the monkey sounding like a Goat????

    So this is how SRK was caged in America...





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  • mallu
    02-15 06:49 PM
    I don't know what % of that group consists of H4 spouse of H1 folks. But i believe a good percentage of those applied through the TOEFL,GRE route.

    And usually that happens to be 'low tier' universities in USA.
    No offense to San Jose State University in silicon valley, where you can see H4 ladies flock to classes.



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  • ivar
    08-16 02:05 AM
    He is confused immigration with security system

    I agree security system and immigration system are two different things but they are closely related. What procedures we follow after landing with our I-94 form are immigration procedures and not security checks. Well i guess i need not extend this topic any further.. because as one post above says that this thread is not leading to any fruitful discussion. I assume forums are a place to discuss and exchange views and ideas and what better place than IV to discuss immigration issues.. i don't understand. Still if this thread doesn't serve any purpose i will edit and remove all my post on this thread. Thanks everyone for sharing your views.





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  • thomachan72
    09-04 03:08 PM
    If this thread (forum) was a court room. It would have been declared by Judge that YSR is indeed the most corrupt politician AP had and pending further investigation all the occupied & grabbed lands, wealth be ordered to pay to the victims. In addition, the Judge would put a life time ban his Son from active politics.

    I hope all posters, readers will condemn corruption and blood politics and see US system (for we being in US) as an example for India. No one can better understand American system than us and how it can be modulated to fit into India.

    Nice point truefacts. If indeed we were able to somehow communicate this system to folks in India it would be great. Let us keep the hopes that this will happen some day. Might be due to desperation or some major calamity but somehow people will realize that this corrupt system is unustainable and needs dramatic repair.
    By the way there is another thread with lists of people who died with a request for prayer!! This is another example of how manipulative personalities not only create a chaotic unsustainable regime while they live but also leave a chaotic system once they die.



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  • srinivasj
    07-21 07:23 PM
    my wife makes always makes fun of me everytime a quickstar guy catches me at a mall..

    she says that a big BHAKRA is visible eveyrtime on your face to those guys..:)





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  • mbartosik
    12-13 05:43 PM
    When an argument is held in the Supreme Court you often hear the justices asking "What if" type questions, some of them verge on being narrow circumstances, but to declare something unconstitutional can have a wide impact and is a fundamental, so it should account for odd circumstances too.

    So here goes a potential set of arguments:

    Q> What if the Congress was unable to discriminate in other categories of immigration based on nation of birth? Would that mean that in time of war, immigrants would have to be admitted from a country with whom we were at war?

    Q> Would Congress no longer be permitted to try to balance the ethnic makeup of the country?

    I agree it is unfair on individuals, on groups, and it does smell, but I doubt that it is unconstitutional. I take the pragmatic view in my prior post on this thread (many posts back).

    Extending my pragmatic view:

    Even if it were found to be unconstitutional, then Congress can always amend the constitution, and if a Supreme Court ruling affected more than just EB category, then I would not be surprised to see an amendment. Then the only advantage would be to draw attention to the issue. But you know that the anti's would just make the argument --- "Look the evil immigrants are trying to write our immigration policy", and that would be an easy argument to make so then we would see something more restrictive in the end.

    So even if we won, we would likely loss.

    Just being pragmatic.

    (I'm not a lawyer - and my H1B enforces this)



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  • pady
    07-24 12:23 PM
    I had a Infopass apt this morning. My PD is Jul 2005 (Eb2-I) , 140 approved 18 months ago. The IO told me this morning that my Namecheck is cleared. How long do you guys think i get the approval?





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  • rajeev_74
    09-24 06:59 AM
    for people who own or will buy homes ? We could also say that this can come from recapture but only for already or potential home owners...

    brilliant idea...if some of us are able to get off the queue and give more visa numbers to others waiting helps everybody. Along with US homes being sold could add some value. Hats off to nixtor.



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  • extra_mint
    03-27 02:55 PM
    Indian democracy can throw many surprises
    I think UPA will get 273 and if that's the case then MMS
    If NDA get's 273 (which is highly unlikely) then Advani (no Modi...otherwise also Modi's communal qualifications are pretty widespread outside of Gujarat). I like the guy but seriously PM of India and CM of Gujarat are 2 different things.

    And if Third front comes to power (they just need around 200 as once they get 200 there will be breakaway groups from UPA and NDA so they can touch 273)

    then we will see real democracy (read lust for power)

    First 6 month Mayawati >> Followed by Jayalalita for 6 months >> Followed by some one from LEFT (comorades work in groups..not sure who will be graced by politburo)

    Above cycle will be repetitive >> and Govt will collapse when Mayawati will complete her second 6 months Tenure.





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  • ugotdude
    09-29 12:14 PM
    I just arrived yesterday from Canada with an expired Visa and my extension notice from INS.

    Unfortunatly, they officer was an ignorant pig without any knowledge about immigration. Luckily, I was sent to an office where officers were nice and well trained,

    I recommend you to print out the actual law so you can have more arguments and arrive earlier to the airport if you are flying

    Can you post the link to the automatic revalidation law link?

    I want to take the print





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  • samay
    07-28 04:25 PM
    question for lawyer.
    please find my details and dates as per below. my questions are as below.
    thank you

    First H1b approval Date:08/28/2001
    First H1b Stamp: 12/04/2001

    first H1 transfer:notice date: 05/16/2002
    first H1 Transfer approval date:09/25/2002
    second H1 Transfer Notice Date:03/20/2004
    Second H1 Transfer Approval Date: 09/10/2004
    First Permanant Labor Apply date: 02/28/2005
    H1 Extention on second H1 transfer:04/01/2007 to 03/31/2010

    Filled I-140 in March 2005 after Labor approval from backlog centre.
    filled I-485 in July 2007.
    Got RFE on Ability to Pay in sep 2007
    Filled Motion to reopen which got denied.
    Another Company filled Labor in March 2008.
    Labor got approved in May 2008.
    Filling I-140 in primium ?????


    question:
    H1 expiring in March 2010. will my H1b get extended based on the new Labor even if the labor was filled after the six years limit?
    do you think filling I-140 in primium will help in this situation?
    Does the out come of I-140 affect any other new application from another or same employer?

    Your case is a bit complicated and to answer your question I will have to look at your papers and the reason why your motion to reopen was denied. If you want a consult with me please take an appointment by going through Pappu. Thanks.





    mirage
    04-16 07:46 AM
    Most sickening part was UPA leaders only concentrated on abusing, denying and accusing. They never told the voters if they did any work in last 5 years. I know there wasn't a lot to tell but still the whole campaign is kind of useless...and the role of media is amazing, they just covered 5 people Maino Antonia, Rahul Gandhi, Priyanka Gandhi, Advani & Modi as if nobody else exist in the country. Priyanka Gandhi wakes up every 5 years during elections and media runs after...How sick a country we are ???





    cableman
    08-30 10:53 AM
    I would recommend you to search online such as http://www.monster.ca and apply for some positions. This is the only reliable way to test the Canadian job market. If you get positive responses, it tells you that your skill set is indeed in demand. If not, you should think twice before moving. Since Canada and US are next to each other, you can probably be able to go for interviews and to secure a job before moving. This way, you are sure that you will have a job when you move.

    One reminder. Don't expect their jobs can pay you as good as what you are getting in US. The upside is the living standard is relatively lower in Canada especially compared to big cities like NYC and San Francisco. Also, you will have more vacations and no more worry of GC retrogression.


    I did the PR Canadian immi. myself and got the approval. The process is straightforward . However, I hesitate to go there . From what I heard is diffucult to get IT job.



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