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  • Canuck
    02-14 01:03 PM
    Galvez v. Howerton 503 F. Supp. 35, 39 (C.D. Cal. 1980)
    http://boards.immigrationportal.com/showpost.php?p=1838094&postcount=14843


    "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"

    Good, then a precedent has been set that the lawyers can use. Perhaps Rajiv Khanna's underlings and paralegals did not do their research properly.

    I'm also wondering whether a charge can be filed in the same lawsuit for the per country limit as one of racial discrimination, or whether it would have to be a separate lawsuit.





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  • sachug22
    09-14 02:52 PM
    I was among the very first to predict forward movement of EB2 (8 months back when most of the information available suggested no movement). Looking at September approvals i will see there will be very few cases pending from 2002-2004 for EB2 (those pending will be cleared in next few months since PD will stay current).

    My estimate is that

    EB2-India pending applications with PD older than Dec-2004 no more than 2000.
    EB2 India had used 8000-10000 visa in 2009 (5000-7000 in Sept 2009 alone). It will not surprise me if this number is as high as 11-13K.
    EB2-India all pending I-485 applications (till July 2007) is around 30000 (as of 1st Oct 2009) * see latter post on how.


    Holding following assumptions we will see more forward movement in coming months and whole of 2010 fiscal year.

    Slow improvement in economy (fewer new applications from EB2-ROW and EB1)
    PERM applications stay stuck (as they are very few approvals in last 12 months)
    CIS is force to allocate visa every quarter (leading to large spill-over)
    Fewer EB3 to EB2 porting


    CIS has prudently processed most old cases (pending for name-checks) and also pre-adjucated most cases filled in 2007-2008. So if they have visa numbers pending we should see big movment in Dec 2009 Visa Bulletin. This movement could cover all EB2-I 2005 cases in next two quarters (by March 2010). How explained below

    EB2 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
    EB1 gets 10K visa each quarter (28.6% of 140,000 divide by 4)

    Assuming 3k spillover from (EB1/EB4/EB5 to EB2) => EB2 will get 13K visa
    EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.

    BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400
    EB2-India PERM applicants in 2005 (thanks TempGC) -> 5311 LCA (Around 1300 got approved in aug/sept 2008)= 4000 LCA => 8800 GC

    Total pending I-485 in 2005 (EB2 India) ~ 13000

    This would mean PD will cross 2005 in next 2 quarters. I have pesimetic estimates so it will not surprise me it the dates move more rapidly.

    The analysis is very optimistic and does not account for

    Duplicates (multiple I-485 for same person)
    Discarded Labor (many people just discard the perm since they switch jobs or did not want to do GC)
    Upgrades (people had EB2 perm but got GC in EB1 category)
    Cross-chargeability (with spouse of PERM hold birth from non retrogressed country)
    Denied I-140/I-485 after PERM approval


    If these makeup 10-20% applications then dates should move faster.





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  • drirshad
    07-03 06:27 PM
    Wish the Senators a Happy Independence Day in the mail ....

    Lets go guys its time to fill up those emails and fax machines .....





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  • panini
    05-18 07:54 AM
    The state television of Sri Lanka has confirmed that Prabhakaran has been shot dead while trying to flee the war zone.

    And the whole island has been liberated from the LTTE terrorism.

    Here is my salute to the brave and heroic Sri Lankan armed forces, our president and the secratery of defence and to my fellow Sri Lankan brothers and sisters!!!! This is it boys!!!! We did it !!!!



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  • walking_dude
    02-13 02:32 PM
    Where did I say ROW need not participate?!Instead I asked ROW members to participate more actively and become a mainstream component of the movement!

    Those ROW members who are part of the IV are supportive of removing country caps. They are satisfied with IVs stand that increase in numbers along with removal of country with benefit all - ROW, Indians, Chinese, Mexicans and Phillipinos. No EB immigrant will be left behind :-)

    I'm thankful to every active IV member - ROW, India , China, Mexico or Phillipines who has worked for IVs cause. Those few ROW members who keep harping on the split in IV over country quotas never were/are part of the IV movement (active dedicated members). They just sit on the sidelines and create rifts.



    .....
    My comment was on someone suggesting moving ahead without the ROW participation since they only comprise 20% of the membership pool.





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  • srkamath
    07-30 09:10 AM
    this makes no sense (with all due respect to Mr Gotcher). He basically claims that PD has been moved to allow CP cases to be processed faster to avoid visa number wastage.. However he also says that there is a huge backlog of AOS cases. Looking at how many CP cases are being called for interview in mumbai and delhi (low hundreds) I dont see how CP alone can help avoid a big wastage of visas. If USCIS is still 20k short, then its the massive pile of AOS cases they should be using, just like they did last year.

    Also, if they waste visa numbers this year, it would be really gross incompetence. EB2-India has gone all the way from 2000 to 2006 this year. They slack off at the start of the year, then scramble in the end. I dont know why they follow this approach knowing full well that right at the end it puts them in a soup.

    This Ron Gotcher guy does not seem to get it.... he has an agenda, I dont buy his logic. It is unlikely that ~ 50 cases at consular posts are enough motivation to move dates forward by two years.

    It took roughly one year for EB2-I dates to advance beyond April04 from the time it first got to April 04.
    We know 2005 is a lean year.
    It is likely that it will take almost a year before EB2-I dates advance beyond June06.
    Those with PD < June06 that do not get a GC by Sep08 can expect to get it by Sep 09. Until then we will see some short term swings between 2003 and 2006.



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  • radhay
    05-29 11:25 AM
    60K EB2-I and 60K EB3-I pending so far. Does this mean Eb2 and EB3 dates will move together from now on for India?





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  • software7
    05-31 01:52 PM
    05/29/2009: TSC is Reportedly in Line with NSC in Processing Time Reduction and Backlog Reduction

    They have completed adjudication of almost all of the I-140 petitions which were filed during the FY 2007 Visa Bulletin fiasco (July and August 2007). As for the EB-485 applications, they have preadjudicated 85,000 cases which await the visa number availability beginning from the next fiscal year.

    since the EB-485 cases involving fairly early priority dates have been preadjudicated, once the visa numbers progress forward beginning from the new fiscal year, October 2009, a large number of EB-485 waiters are likely to receive approvals of their long-awaited I-485 applications. Hats off to NSC and TSC!!

    Lately, I-485 waiters have been receiving RFEs or interview scheduling in a fairly large number. From these reports, we can draw a speculation that these cases have fairly early priority dates and are now undergoing such preadjudications in anticipation for the upcoming visa number availability in early part of FY 2010. They may receive approvals of their cases fairly early in the new fiscal year. With such a good news, please enjoy the SUMMER! .

    This excerpt isfomsite www.immigration-law.com with Title 05/29/2009: TSC is Reportedly in Line with NSC in Processing Time Reduction and Backlog Reduction



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  • priderock
    04-26 12:53 AM
    That was a no go for me. The company's Lawyer advised against it.





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  • gc28262
    09-04 11:48 AM
    Deleting this thread does not change the facts nor does IMV will gain anything out of it. The reason we even discuss these things here other than immigration is because we have immigrated and we have a common bonding.

    _TrueFacts,

    IMO IV is not a social networking site for Indians. IV was established for a purpose. Anything that goes against IVs intention should be deleted.

    First of all this topic is not at all related to immigration.
    More importantly this thread will cause lot of bad publicity for us.
    After few weeks you will see TR and Co picking up on this thread and quoting it.

    It doesn't matter whether YSR is good or bad, speaking ill of a dead person is considered uncivilized.



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  • mrajatish
    07-11 06:07 PM
    I know people who got their GC in 7 months from the date they filed PERM. and then there are many people getting GCs every month. There are both good stories and bad stories to tell about getting GC in US.

    There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?

    This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?

    Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.
    Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?

    This was true in my case at least - my compay worked hard to keep me around when my H1 was expiring.





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  • venetian
    05-12 02:15 PM
    Tamils in the US too doesn't ask a part of US armed with weapons.

    SL Tamils in Sri Lanka is fighting for their homeland which was unjust fully integrated by the Europeans/British with the Sinhalese majority south, paving way the Sinhalese to discriminate the Tamils in their homeland. SL Tamils are fighting for their homeland and not someone else land.

    Just like the jews, tamils practice their culture and language in sri lanka without been discriminated. You don't see Jews armed with weapons asking for part of USA for themselves.



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  • BharatPremi
    10-25 04:45 PM
    what is definition of "canadian business".

    Ans: The company originally set up in any province in canada.

    - May have business interest/setup in other countries in terms of
    branch/subcidiary or partnership with other compny in otehr country.
    can we extrpoltae your suggestion little bit more or is it asking for
    too much

    1. once you have PR ask your wife to open a company A.
    2. As a employee of company A you can come over to USA while maintainig your PR status. You should still be considered to be covered under candian business wanting the employee to work on international projects..

    can this theory fly...all this assuming no EAD filling in near future

    Ans: Keys: 1) companies MUST be set in both canada and US

    2) For investing you need not to be resident. This is true for both
    US and Canada.
    3) For filing GC you MUST be an employee. IF you are investor
    you can not file GC under your company
    4) US GC is very lengthy process. How you can make sure your
    employment for around 7 to 8 years? So considering this and point 3, convince your wife to set the business both in Canada nad USA.

    - Since you can not become investor to achieve US GC ( Considering to apply through Employment category .. which is cheap cost option), make
    your wife a boss and let her run business. You become an employee in Company A (Canada)set by her. Tell her to set company B in US. Tell her to find the project in US. Let her tell the client (USA) to go into contract with company B. Company B's owner (Your wife) will make a contract with Company A ( Here also your wife is an owner) for the position at that client. Being an employee of company A ("Canadian Business") your employer (your wife) will put a TN visa request to the consulate showing USA's client (comany B) business need. Upon approval you fly to USA (Now your wife is your family so wife will also fly with you) for starting a job. You will be considered "Physical Resident" of Canada as "Canadian Business" sent you to USA for business need. Now after some time tell Company B ( Owner: Your Wife)to file US GC application for "Future Employment". As long as you keep getting valid project work in USA, now you will be in a position to stop counting years of GC process. You will be able to maintain Canadian PR , can become Canadian citizen after 3 years and wait for US GC coolly. Ofcourse every year TN will have to be renewed.

    Possible flaws in theory: 1) Double taxes (In Canada nad US) ( Will require some research and good advise from Tax expert from both in Canada and US)
    2) May affect TN renewals adversely !!? ( No idea.. suggestions welcome).

    To me this way of thinking seems to be perfectly legal.. But I think we should better ask some good professinal lawyers who are experts for both Canadian and US immigration.





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  • ita
    03-30 11:02 PM
    Kancha Ilaya(Sonia appointed ) is being allowed by the Indian Government to lobby with the UN and US Congress so that caste discrimination in India is taken-up by these bodies. (Indians on their own have come a long way in reducing these caste discrimination but alas these people won't want that dying)It shouldn't be any surprise if we see bunch of International articles on India's disgusting caste issues soon.

    Rahul Gandhi/Govt of India invites British politician to Amethi on poverty tourism.Putting it in their own words they were trying to show this foreign minister real India (meaning 'sinking India not shining India' or may be they were trying to tell this British guy look we have managed to keep the country at the same state you left it , if anything we took it to another low level).Amethi has been a constituency represented by that family for generations in Priyanka's words. Forget about country they didn't do much good to their own constituency .

    This British guy before he left the country said that Mumbai attacks could have happened because India didn't hand over Kashmir to Pak.He also gave a free although unasked advice ,if such future attacks are not to happen India should reconsider it's stance on Kashmir.

    British media was surprised to see that Rahul Gandhi touted as future PM by the party and Indian media with equal excitement didn't want to comment on foreign affairs.Mumbai issue or anything else.

    Now every country has it's share of problems..be it poverty or something else.Can you imagine U.S politician inviting French/German politician to view America's worst and media giving it huge coverage?Just imagine what would happen then.

    Personally I like both Sonia and Rahul, can't doubt their intension of making India better



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  • thomachan72
    09-17 03:27 PM
    [QUOTE=arunmurthy;916610]Cousin of my friend got an email that his card production has been ordered.
    He falls in EB3I (PD Aug. 2005). I could not believe it but my friend told me that
    EB3I would see significant movement in coming months.
    Gus Hang on and tighten your seat belts. We will have a wild ride if he is true.[/QUOTE

    Really?? are you sure??





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  • tabletpc
    10-10 11:46 AM
    "The idea is to request congress to exempt EB applicants & their dependents from numerical limits of the Immigrant visas, if they buy a home"

    Genious...!!WHo ever thought of this idea should be working as one of the committe which advices president on finanacial matters...!!!



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  • alterego
    12-14 05:26 PM
    An additional thing I want to point out is that the US cannot make itself diverse by restricting immigration to a diverse population mix. It is a well known fact that Hispanic american women bear many more children than Caucasian american women. How does america fix that, and if it does not then why talk about diversity in immigration?





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  • jsb
    06-03 03:29 PM
    Where does one contribute to said lawsuit? If someone is willing to lead the effort, I'm willing to contribute a little money.

    On July 17, 2007, when USCIS retracted cancellation of July '07 bulletin, as per link below:

    http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf

    They said, ..."Department of State has advised that Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining employment visa number availability..."

    Thus, a lot of us sent I-485 based on "visa availability" communicated herein. Can't lawyers now force USCIS to adjudicate all pending I-485 filings based on this. USCIS said in July, 2007 that visa is available for us (and on that basis we sent in our I-485's), where did it go away? Isn't it now their problem to somehow find those supposedly available visas advised in July 2, '07 bulletin?





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  • abracadabra102
    09-04 10:10 AM
    breddy2000,

    You see YSR is in high point, as for you corruption, blood politics, mafia by him are no big deal and normal. What should I say? You are better fit to immigrate to Somalia, Afghanistan or Colombia.

    Every one does that, is that a reason. You claim that you are not a supporter of any one. If that is the case then give due credit where required and criticize and condemn when it�s appropriate.

    As posted by abracadabra102 YSR exactly fits for "No better friend, No worse enemy" and in due course he amassed illegal wealth, corruption and killings.

    His death is the reason this thread is here, living or dead facts are facts and yes Good Riddance that he is no more.

    Yes, will do whatever I can, humbly. In fact it is India�s citizens that are forcing these politicians to implement effective policy not the other way where people are living and enjoying an effective system.

    I do not think you understood the meaning of my words correctly.
    If you are a friend of YSR, you won't find a better friend than him and he will go out of way to help you. If you are his enemy, be prepared for consequences. This is also the motto of US Army and its origin is attributed to what a famous roman general once said of himself.

    "No friend ever served me, and no enemy ever wronged me, whom I have not repaid in full"

    YSR is a very successfull CM. He delivered what mattered most to the poor people. Some other states like Tamilnadu are introducing some of his schemes like Rajiv arogyashree. More than 30 people died after learning that he is dead. Very few people can inspire that kind of reverence and affection. He may have his short comings but he achieved more than most can dream of.
    It is silly to quote corruption every time you discuss politicians. Show me any major politician of consequence who did not face corruption charges at some time or the other. It is always present in one form or the other since the beginning of politics. We are all watching what is happening with healthcare reform bill here and how powerfull insurance industry is influencing it's outcome.
    And who is making these allegations? Surprise, opposition parties and some sections of media that are opposed to him.

    His death is definitely a loss to the state. We need competition among politicians and that competition existed between YSR and Babu and I like both of them. Between the two, I think AP progressed overall.





    HumJumboHathuJumbo
    09-23 03:51 PM
    why not ask for citizenship if we buy 2 houses?. I will even buy that toxic debt from banks, if i get citizenship and a gori.

    huh! cant you take a joke, man?. you said "suggest better if you can". whats your suggestion. Atleast, i made an effort to amuse people here.

    you take that red dot back, if you are a man!





    Ramba
    03-30 02:04 PM
    The most of the guys posting in this thread is not going to vote. Even I think, we all do not have our names in electoral list. There is no sense in arguing who is best or who should be next PM, sitting in US. Furthermore, most of the educated, urban voters will never go to polling booth in hot summer to stand in line to do their duty as a citizen.. Indian�s election of their representatives is fundamentally a show of money and muscle power. Election in India is just a business. It is just investment of money by political parties with the help of capitalists and their lobbyist to get the vote from rural, uneducated, divided voters across the nation. All parties are corruptive, communal, divisive, plays vote bank politics. No exceptions! (whether it is Congress, BJP, communists, BSP, SP, and countless regional parties). One thing I can say or compare about Congress and BJP. Congress is the only party has responsible for bringing both good (economy, growth, education,) and bad (corruption and countless other) thing to India. BJP has not done any good thing to India sofar, only it brought bad things to India (divisive, corruption).

    My input regarding comparison of Manmohan and Advani.

    Manmohan.

    Though, he is not a full time politician, and not a good crowd pulling speaker, he has strong record. He has quietly achieved lot as a RBI governor; FM and PM. US nuclear agreement is a big achievement in his career, despite he had a minority government with the strong left opposition. He does not have long term independent vision, and strong leadership skills. He was widely accepted by all part of the country, as he has no controversial issues.

    Advani,

    He is a good speaker, crowd puller. He is a typical Indian politician. He has leadership skills. He does not have any significant record/achievement to back his claim for PM (either as a ex-minister or politician). For example, he has not done anything to improve the national security when he was a union home minister. He has involved in controversial issue like Babri Majit, and Ram temple issue. He also does not have long term vision, ideas on economy, poverty elimination etc..



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