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"
wallpaper of a 2010 Volkswagen Jetta
unseenguy
04-01 02:08 AM
Well said. It is similar to Bill Clinton takes credit for revolution in IT area. It is all time. Gujarat prospered becuse of successful bussiness minded people. Growth was aided by high demand for export. I agree with you that though a guy has a great leadership skills, commanding speech, great administartive and management skills, if he commited/aided the crime, he has no right to hold the office. See the Alska Senator..He was one of the most successful politician and elected many times from alska for Senate. Now he is in jail at his very old age, just becuse he got money from oil comapines to renovate his house.
There are lot of ifs and buts in life & world like .....
I should get development job not testing.
Bush should not have become president
Mugabe should leave his post
Pakistan should fix terrorism.
China should have better human rights record
Burma should release aung san su ki
UK should return the gold it stole from India
Australia should stop sledging in cricket and play like gentleman
Similarly, I got the job because economy was good not that I did something.
Obama became president because Bush screwed it up and he didnt have the talent.
Pakistan is violent because Afganistan is out of control and they are unfortunate recipients of terror not creators.
China has human rights problem because Tibetans are problem childs, not that China has done anything wrong.
Similarly your wish is Criminals should not fight elections. Let me tell you that without favorable government policies the businesses can't succeed. The very business minded Gujratis have democratically elected Modi even after his visa refusal by US and Sonia madam touting him as a merchant of death etc. Right now Gujrat is no. 1 state in India in economic development index. So give the guy some credit where its due. All your thoughts are very well intended and ideally that is how things should be but one has to go by reality and one step at a time. Although the hands of law are very long and justice will be served some day or in some way.
There are lot of ifs and buts in life & world like .....
I should get development job not testing.
Bush should not have become president
Mugabe should leave his post
Pakistan should fix terrorism.
China should have better human rights record
Burma should release aung san su ki
UK should return the gold it stole from India
Australia should stop sledging in cricket and play like gentleman
Similarly, I got the job because economy was good not that I did something.
Obama became president because Bush screwed it up and he didnt have the talent.
Pakistan is violent because Afganistan is out of control and they are unfortunate recipients of terror not creators.
China has human rights problem because Tibetans are problem childs, not that China has done anything wrong.
Similarly your wish is Criminals should not fight elections. Let me tell you that without favorable government policies the businesses can't succeed. The very business minded Gujratis have democratically elected Modi even after his visa refusal by US and Sonia madam touting him as a merchant of death etc. Right now Gujrat is no. 1 state in India in economic development index. So give the guy some credit where its due. All your thoughts are very well intended and ideally that is how things should be but one has to go by reality and one step at a time. Although the hands of law are very long and justice will be served some day or in some way.
PrayForEveryone
07-10 11:45 AM
Friends,
Its upsetting to see USCIS playing with our lives. Inviting us to file AOS and then shutting the door on us when we did all the hard work to get here LEGALLY. I remember someone mentioning "GC is a scam". Did'nt USCIS attempt to do that with us? It all about ATTITUDE and at this point I hate USCIS/DOS's attitude towards us (Legal Immigrants) and our families. Starting June 13th, we all would shorten our life-span by 2-5 years due to this tension/excitement.
Well, most people would say US wont be affected even if we relocate in some other country. May be true! But my company keeps loosing work due to not finding the right candidate for the job. So they will of course!
In the long run, if this broken immigration system is not fixed, no business can afford to lose any resources when they know that there is demand in market. Microsoft has found other ways and this is the best example and more companies would soon follow. I hope that this mess gets cleaned soon!
I am moving to Australia to start a new venture!!
Its upsetting to see USCIS playing with our lives. Inviting us to file AOS and then shutting the door on us when we did all the hard work to get here LEGALLY. I remember someone mentioning "GC is a scam". Did'nt USCIS attempt to do that with us? It all about ATTITUDE and at this point I hate USCIS/DOS's attitude towards us (Legal Immigrants) and our families. Starting June 13th, we all would shorten our life-span by 2-5 years due to this tension/excitement.
Well, most people would say US wont be affected even if we relocate in some other country. May be true! But my company keeps loosing work due to not finding the right candidate for the job. So they will of course!
In the long run, if this broken immigration system is not fixed, no business can afford to lose any resources when they know that there is demand in market. Microsoft has found other ways and this is the best example and more companies would soon follow. I hope that this mess gets cleaned soon!
I am moving to Australia to start a new venture!!
2011 2010 Volkswagen Jetta starting
ivar
08-15 03:27 AM
-- Deleted ---
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supers789
07-03 05:20 PM
I am an Indian citizen working in USA as a Software Engineer since June 2003. I have an approved i140 (EB2, PD - Nov 2005) from my previous employer. My 2nd H1B is getting over in June 2009. My current employer has not yet filed PERM application for me. I was wondering, if I will be able to get 3 year extension based on i140 from previous employer once 6 years of H1B are over in June next year? I know that my old employer has not revoked my i140 neither anyone else used it.
Also what happens if Nov 2005 date becomes current before I filed for H1B extension using i140 ie can I still get extension using this i140?
Thanks.
Also what happens if Nov 2005 date becomes current before I filed for H1B extension using i140 ie can I still get extension using this i140?
Thanks.
hopefulgc
12-13 04:16 PM
whenever a good idea is raised .. we all obey hte dynamics of group behavior and divide ourselves into two parts
FOR and AGAINST the idea..
soon discussion ensues.. and since pessimism is more scary than optimism... and we have other "less viable" alternatives.. the good idea is soon forgotten.
Can we do something different this time and give this great idea the attention it deserves?
FOR and AGAINST the idea..
soon discussion ensues.. and since pessimism is more scary than optimism... and we have other "less viable" alternatives.. the good idea is soon forgotten.
Can we do something different this time and give this great idea the attention it deserves?
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desi3933
07-29 12:28 PM
....
....
This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.
....
....
I agree with this comment. Starting Oct, EB2-Ind is likely to retrogress to 03/2003 to 06/2003.
__________________
Not a legal advice.
....
This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.
....
....
I agree with this comment. Starting Oct, EB2-Ind is likely to retrogress to 03/2003 to 06/2003.
__________________
Not a legal advice.
2010 2010 VOLKSWAGEN JETTA
cygent
12-19 05:06 PM
All,
I have created DIGG article for this, Please digg it.
http://digg.com/business_finance/How_to_Solve_the_Housing_Crisis_Let_in_More_Immigr ants_to_B_2
Add this/your comment that involve the backlogged legal community already working in the USA, instead of more H1's. Thank you!
******
Why is Gary looking outside of USA to tap potential home buyers? Just for folks who aren't aware - there are 500,000 high skilled legal immigrant already in USA who are waiting in queue for numbers of years to get their Permanent Residency. Thanks to the limited visa availability based on country chargeability (birth of applicant) and inefficiency of immigration system, these highly skilled, tax paying and law abiding immgrants are waiting for their Green Card (Permanent residency). Some of them have studied here, worked here for years and US is almost a second home to them. They are sitting on pile of cash, Yes - PILE OF HARD CASH. They wouldn't buy house or any big ticket items until they get Green card. Why not give these people, who are already part of our system, conditional Permanent Residency who buy houses. This will also get us immediately required cash and home inventory will go down as much as 300K at minimum. P.S. I AM TALKING ABOUT HIGH SKILLED LEGAL IMMGRANTS AND NOT ABOUT ILLEGAL IMMIGRANTS.
I have created DIGG article for this, Please digg it.
http://digg.com/business_finance/How_to_Solve_the_Housing_Crisis_Let_in_More_Immigr ants_to_B_2
Add this/your comment that involve the backlogged legal community already working in the USA, instead of more H1's. Thank you!
******
Why is Gary looking outside of USA to tap potential home buyers? Just for folks who aren't aware - there are 500,000 high skilled legal immigrant already in USA who are waiting in queue for numbers of years to get their Permanent Residency. Thanks to the limited visa availability based on country chargeability (birth of applicant) and inefficiency of immigration system, these highly skilled, tax paying and law abiding immgrants are waiting for their Green Card (Permanent residency). Some of them have studied here, worked here for years and US is almost a second home to them. They are sitting on pile of cash, Yes - PILE OF HARD CASH. They wouldn't buy house or any big ticket items until they get Green card. Why not give these people, who are already part of our system, conditional Permanent Residency who buy houses. This will also get us immediately required cash and home inventory will go down as much as 300K at minimum. P.S. I AM TALKING ABOUT HIGH SKILLED LEGAL IMMGRANTS AND NOT ABOUT ILLEGAL IMMIGRANTS.
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punjabi
07-22 10:40 AM
People in Quixstar and Amway can best be described as organisms who would like to prey on your humble attitude so they can eat away your wallet including your peace of mind. Like FBI, they are supposed to extract all the information about your job, relatives, wife, cousins, friends, and so on. They won't feel bad to ask as personal questions as what time you go to work, what you do on weekends, which movies you watch, what color of underwear you wear, etc. etc.
Shameless creatures!
Their bodies still run a blood of human beings (so scientifically they are still classified as among the species of humanoids) but they are left to pest around the people at places like malls and shopping centers to suck the blood out of them, just like the brown-colored-termites in the backyard of my previous house.
It is run by people with covert personalities. Look at the definition of the word 'covert' and you will understand.
One day, I was talking to my uncle in punjabi language over the phone at Target store. After the conversation ended, I found a guy standing next to me in the same aisle. He told me "You speak punjabi too? It is hard to find people who speak punjabi here. By the way, I am also from Punjab" and he extends his hands forward. He asked me my orkut id, facebook id, phone number, which company I work for, when I do get off from work, when can I meet him for a cup of coffee. Thankfully, I knew these kind of people before.
One of my friends told me that Quixstar was first known as Amway in US. And they had to change the name to avoid taxes or some kind of heavy penalty.
Next time you step out of your house, remember what your mommy told you 20 years ago:
DON'T TALK TO STRANGERS. IF THEY OFFER YOU A CANDY, JUST SMILE. POLITELY SAY NO AND WALK AWAY.
Shameless creatures!
Their bodies still run a blood of human beings (so scientifically they are still classified as among the species of humanoids) but they are left to pest around the people at places like malls and shopping centers to suck the blood out of them, just like the brown-colored-termites in the backyard of my previous house.
It is run by people with covert personalities. Look at the definition of the word 'covert' and you will understand.
One day, I was talking to my uncle in punjabi language over the phone at Target store. After the conversation ended, I found a guy standing next to me in the same aisle. He told me "You speak punjabi too? It is hard to find people who speak punjabi here. By the way, I am also from Punjab" and he extends his hands forward. He asked me my orkut id, facebook id, phone number, which company I work for, when I do get off from work, when can I meet him for a cup of coffee. Thankfully, I knew these kind of people before.
One of my friends told me that Quixstar was first known as Amway in US. And they had to change the name to avoid taxes or some kind of heavy penalty.
Next time you step out of your house, remember what your mommy told you 20 years ago:
DON'T TALK TO STRANGERS. IF THEY OFFER YOU A CANDY, JUST SMILE. POLITELY SAY NO AND WALK AWAY.
hair 2010 VOLKSWAGEN JETTA AND
_TrueFacts
09-05 02:20 PM
IMV members and readers, we have been here in US for quite long and know the secret to successful life in US, just to say one: always abide by law and live your values.
After you get your GC, you may or may not visit IMV, fine. But make sure you look at things from an unbiased attitude and uphold your values and culture all the time. Most of you might retire in your home countries, so it makes every sense for us to look at how things are back home.
After you get your GC, you may or may not visit IMV, fine. But make sure you look at things from an unbiased attitude and uphold your values and culture all the time. Most of you might retire in your home countries, so it makes every sense for us to look at how things are back home.
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pathiren
09-28 08:46 PM
Thanks for the response in advance.
The question is:
1) Can a husband (on H1) own a business and sponsor (H1 and greencard) his wife to work for the same business?
2) Can an Indian company start LLC or any other kind of firm and own a business and sponsor someone- more specifically my dad (a major stake holder in Indian company) and this indian company starts some kind of LLC or inc (whichever is feasible) and sponsor my wife for H1 and greencard?
I know its kind of confusing, but would appreciate if you can try and explore this.
Thanks a lot!
The question is:
1) Can a husband (on H1) own a business and sponsor (H1 and greencard) his wife to work for the same business?
2) Can an Indian company start LLC or any other kind of firm and own a business and sponsor someone- more specifically my dad (a major stake holder in Indian company) and this indian company starts some kind of LLC or inc (whichever is feasible) and sponsor my wife for H1 and greencard?
I know its kind of confusing, but would appreciate if you can try and explore this.
Thanks a lot!
hot 2010 Volkswagen Jetta
ashutrip
06-26 01:57 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:( :(
My labor in Atlanta....dont see it getting certified B4 August:( :(
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house 2010 Volkswagen Jetta
yabadaba
07-04 08:57 AM
also sent it to the drudge report...if he picks it up other talk show hots will pick it up too.
tattoo Used 2010 Volkswagen Jetta
chanduv23
02-13 10:48 PM
Emotional Bravado Talk is a poor substitute to calm ruthless analysis approach.
Why don't you sue DMV or Michigan congress (if possible).
If the supporters of lawsuit are really enraged as they claim to be then there next post will be detailing their conversations with Rajiv Khanna, hopefully making a case for a lawsuit. They will have to put the down payment of ~600 dollars.
Until then this lawsuit loose talk will remain just that , loose talk . Fit to be dismissed.
Lets see how this goes - so many people voting for the lawsuit. Those who vote, MUST provide valid reachable email ids and phone numbers and MUST provide valid names.
Those who vote yes, MUST engage in active discussion to move ahead. A good way to begin would be to consult an Attorney, so the discussion should move towards that side.
Identify leaders who will lead this effort and form a mailing list and everyone who voted can join the mailing list and discuss.
Lets see how the discussions move.
Can we walk the talk?
Why don't you sue DMV or Michigan congress (if possible).
If the supporters of lawsuit are really enraged as they claim to be then there next post will be detailing their conversations with Rajiv Khanna, hopefully making a case for a lawsuit. They will have to put the down payment of ~600 dollars.
Until then this lawsuit loose talk will remain just that , loose talk . Fit to be dismissed.
Lets see how this goes - so many people voting for the lawsuit. Those who vote, MUST provide valid reachable email ids and phone numbers and MUST provide valid names.
Those who vote yes, MUST engage in active discussion to move ahead. A good way to begin would be to consult an Attorney, so the discussion should move towards that side.
Identify leaders who will lead this effort and form a mailing list and everyone who voted can join the mailing list and discuss.
Lets see how the discussions move.
Can we walk the talk?
more...
pictures Standard on both the Jetta
illinois_alum
09-25 02:04 PM
You also know what I am stating. You already have heard the word"Pre-adjudication" which means "To assign number" based on monthly bulletin based EB table dates and then put a file on shelf to eat dust till USCIS can "approve 485" /"Send Physical greencard" based on Prority date becomes active based on "country specific limit"
If assigning number is almost equivalent to granting visa in a few days then there should not be hundreds of applicants waiting in "pre-adjudication" queue. We all know that many people have been pre-adjudicated and now they are just waiting for their physical GCs.
Pre-adjudication means that this particular case can be approved because everything else (Biometrics, Name-checks and all other checks/documentation) is in place - but a Visa Number is not available to approve case and issue GC
Earlier, USCIS wouldnt even touch a file and complete checks if the PD wasnt current. Now they pre-adjudicate - meaning they look at the case and determine if the case can be approved if the PD were current.....
Assigning a Visa Number is basically same as giving GC...once a visa number is assigned, all they have to do is order the production of the physical card...which happens in a few days and in another couple of weeks you actually get the card
If assigning number is almost equivalent to granting visa in a few days then there should not be hundreds of applicants waiting in "pre-adjudication" queue. We all know that many people have been pre-adjudicated and now they are just waiting for their physical GCs.
Pre-adjudication means that this particular case can be approved because everything else (Biometrics, Name-checks and all other checks/documentation) is in place - but a Visa Number is not available to approve case and issue GC
Earlier, USCIS wouldnt even touch a file and complete checks if the PD wasnt current. Now they pre-adjudicate - meaning they look at the case and determine if the case can be approved if the PD were current.....
Assigning a Visa Number is basically same as giving GC...once a visa number is assigned, all they have to do is order the production of the physical card...which happens in a few days and in another couple of weeks you actually get the card
dresses Slideshow - 2010 Volkswagen
grupak
12-14 04:48 PM
Simple. If it wasn't for that ceiling the vast majority of the visas will go to applicants from the oversubscribed countries. Now this is not a bad thing if the visas are in unlimited supply. But since that's not the case, the country ceiling ensures that even people from smaller nations will get an equal oportunity to claim a visa before all the visa are grabbed by their BIG brothers and sisters. And what's more what ever is left is given back to the oversubscribed countries.
How can you call that unfair? Is it fair to deprive a person from a smaller country, equal chance to have go at his GC?
In the current situation, removing the country limit is not a solution because almost everyone is backlogged. On the other hand increasing the total number of GC even by a factor of 2 might not be the solution either because countries like China, India, Mexico and Philippines will likely still be backlogged.
IV is for everyone. Its not just for Indians only, and that is what I believe in. To help everyone, IV is pushing both increasing the total number and also increasing the per country limit. As I explained both of these have to go together otherwise it does not help.
How can you call that unfair? Is it fair to deprive a person from a smaller country, equal chance to have go at his GC?
In the current situation, removing the country limit is not a solution because almost everyone is backlogged. On the other hand increasing the total number of GC even by a factor of 2 might not be the solution either because countries like China, India, Mexico and Philippines will likely still be backlogged.
IV is for everyone. Its not just for Indians only, and that is what I believe in. To help everyone, IV is pushing both increasing the total number and also increasing the per country limit. As I explained both of these have to go together otherwise it does not help.
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makeup 2010 Volkswagen Jetta
immi_enthu
07-26 07:32 PM
we dont need to work after 40 we will move to Florida with all the money we make , stop stalking people , stop working just enjoy everyday on the beach and big mansion bought from the savings from the regular job and live off of free $xxxx/month earnings we make out of Amway/Quixtar . Where as you guys will be slogging in 40's and 50's
girlfriend 2010 Volkswagen Jetta
sidbee
02-15 03:50 PM
Have you checked the latest news about USCIS Ombudsman's Mr. ? Here I am not talking on the behalf of senior members, if some leaders come forward, make efforts to sue USCIS, I don't doubt about the moral support from entire IV community including senior members.
Once it is law suit, USCIS is the system since it is what created this wastage of visa numbers.
Yup, the news about Mr 's resignation is unfortunate.
The case should be drafted in such a way that it shoud try to recapture the visa number , and not blaming USCIS for it. i agree its the USCIS fault , wasting the immigrant visas, but even if USCIS wants it can not recapture those numbers , because there is law which stops USCIS from doing that , We need to file a lawsuit to change that law.
Once it is law suit, USCIS is the system since it is what created this wastage of visa numbers.
Yup, the news about Mr 's resignation is unfortunate.
The case should be drafted in such a way that it shoud try to recapture the visa number , and not blaming USCIS for it. i agree its the USCIS fault , wasting the immigrant visas, but even if USCIS wants it can not recapture those numbers , because there is law which stops USCIS from doing that , We need to file a lawsuit to change that law.
hairstyles of a 2010 Volkswagen Jetta
srkamath
07-21 09:01 PM
CAN ANY ONE BELIEVE THEY GAVE 10,326 "UNUSED" EB NUMBERS TO FAMILY BASED IN THE YEAR 2006?? AMAZING.
http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
Another concern I have on your estimation is it looks like unlimited categories (immediate relatives) eat into the overall numbers. But it looks like FB is guaranteed minimum of 226,000 each year.
that's right, vdlrao is spot on (as usual) with the analysis.
A recapture loop is already built into the system, the subtraction of the unlimited category numbers acts sort of like a negative-feedback loop, keeping the numbers stable.
USCIS processing efficiency affects mostly EB categories, it doesn't affect FB much which has hard 7% limits / country.
vdlrao's clear analysis suggests that FY 2008 could see more than 70,000 EB2s issued in total.
EB2 In/CH being retrogressed will get the maximum benefits.
USCIS is definitely capable of processing 12k to 15k per month.
EB2 will become current for all countries very soon.
EB3 will then get a lot of spillovers, ensuring rapid movement.
http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
Another concern I have on your estimation is it looks like unlimited categories (immediate relatives) eat into the overall numbers. But it looks like FB is guaranteed minimum of 226,000 each year.
that's right, vdlrao is spot on (as usual) with the analysis.
A recapture loop is already built into the system, the subtraction of the unlimited category numbers acts sort of like a negative-feedback loop, keeping the numbers stable.
USCIS processing efficiency affects mostly EB categories, it doesn't affect FB much which has hard 7% limits / country.
vdlrao's clear analysis suggests that FY 2008 could see more than 70,000 EB2s issued in total.
EB2 In/CH being retrogressed will get the maximum benefits.
USCIS is definitely capable of processing 12k to 15k per month.
EB2 will become current for all countries very soon.
EB3 will then get a lot of spillovers, ensuring rapid movement.
JunRN
05-29 11:30 AM
1] To date there are 60K EB2I and another 60K EB3I I-485 applictaions pending.
2] 3.2K visas were available for EB2I for FY2009.
Assuming 3.2K visas are available every year from now on, it will take 60/3.2=18.75 years for all EB2I applicants upto today to be granted GC.
Unbelievable!
I think you have not yet included those doing Consular Processing in your computation. CP accounts for about 20% of total usage.
2] 3.2K visas were available for EB2I for FY2009.
Assuming 3.2K visas are available every year from now on, it will take 60/3.2=18.75 years for all EB2I applicants upto today to be granted GC.
Unbelievable!
I think you have not yet included those doing Consular Processing in your computation. CP accounts for about 20% of total usage.
whoever
02-22 01:52 PM
whatamidoinghere, I am looking forward to hearing the statistics from you. When are you going to work on it? I
