old_hat
05-11 12:14 AM
See the url below.
http://www.informationweek.com/news/global-cio/training/showArticle.jhtml?articleID=215900774&subSection=H1B
"The Computing Research Association's annual Taulbee Survey of 192 U.S. universities with doctoral programs found that total enrollment by majors and pre-majors in computer science increased 6.2% last year. If only declared majors are considered, the figure jumps to an 8.1% increase, the first boost in computer science majors in six years. "
Are you happy now? Since H1-B quota is reduced, more students are considering computer science as a viable option. If H1-B is limited only for genuine requirements by american companies for the best and brightest and not used as displacing american companies by indian crooks from TCS/INFY etc., even more americans will go for those degrees.
Are you satisfied? Now get lost!!
Go f*** urself. It was your fellow country-men (a jerk desparately trying to immigrate to US) who was making nonsense incest allegations first in this forum about americans. Do you get it,IDIOT, before lecturing me?
I don't give a damn what your epics say or what you practice in India. All I pointed out was teh corruption in India pointed out by international agencies compared to western democracies.
dude, not a meaningful response. I asked you to give me the break up of foreign students. the report just talks about total number of students increasing. And again it nowhere gives data to suggest that responder thinks that reduction of h1 visa numbers is the reason. I will give you a very simple reason. It took tech sector a good 3-4 years to get out of the dot com mess!
Dude it seems you are not doing too well in IT but you should thank your stars that you did not consider the alternative career of law. you would have been massacred. your points are vague. you make utterances that tie yourself in knots and you throw words you know very little about. Start with naimg two indian epics.. next step find brahma there.
btw "f** u" does not qualify as an argument. you can thrust it where you are speaking from.
http://www.informationweek.com/news/global-cio/training/showArticle.jhtml?articleID=215900774&subSection=H1B
"The Computing Research Association's annual Taulbee Survey of 192 U.S. universities with doctoral programs found that total enrollment by majors and pre-majors in computer science increased 6.2% last year. If only declared majors are considered, the figure jumps to an 8.1% increase, the first boost in computer science majors in six years. "
Are you happy now? Since H1-B quota is reduced, more students are considering computer science as a viable option. If H1-B is limited only for genuine requirements by american companies for the best and brightest and not used as displacing american companies by indian crooks from TCS/INFY etc., even more americans will go for those degrees.
Are you satisfied? Now get lost!!
Go f*** urself. It was your fellow country-men (a jerk desparately trying to immigrate to US) who was making nonsense incest allegations first in this forum about americans. Do you get it,IDIOT, before lecturing me?
I don't give a damn what your epics say or what you practice in India. All I pointed out was teh corruption in India pointed out by international agencies compared to western democracies.
dude, not a meaningful response. I asked you to give me the break up of foreign students. the report just talks about total number of students increasing. And again it nowhere gives data to suggest that responder thinks that reduction of h1 visa numbers is the reason. I will give you a very simple reason. It took tech sector a good 3-4 years to get out of the dot com mess!
Dude it seems you are not doing too well in IT but you should thank your stars that you did not consider the alternative career of law. you would have been massacred. your points are vague. you make utterances that tie yourself in knots and you throw words you know very little about. Start with naimg two indian epics.. next step find brahma there.
btw "f** u" does not qualify as an argument. you can thrust it where you are speaking from.
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deardar
01-25 10:29 AM
We are planning to make a trip to Hyderabad, India along with my wife and my little baby boy. After reading all of your experiences, I am not sure which one should I opt for. We have an expired Visa on passport, planning to Use AP. As we are travelling first time with the little baby boy, I am looking for some hassle free flying. I stay pretty closer to Harrisburg, PA ...thanks
Recently, my friends flow KLM to hyd via JFK. they came back safe. I will let you know the exp once i talk to them.
Recently, my friends flow KLM to hyd via JFK. they came back safe. I will let you know the exp once i talk to them.
kumar1
11-20 05:06 PM
You are not the only one who thinks this way! Do you want to stuck with your house...paying 600k mortgage for 300k worth house? It is stupid people like you who would, I won't!
Those who are walking away are smart. Banks are stupid to finance 100%. If you go bankrupt, govt won't bail you out. If banks go belly up, govt would give 750 billion!
Keep your emotions checked. Do not talk like you haven't returned anything in Wat Mart if you found same item 25 cents cheaper somewhere else.
Worst advice I have seen so far. It is morons w/ no scruples like you that have brought us into the mess we are in...
Shame on you!
Those who are walking away are smart. Banks are stupid to finance 100%. If you go bankrupt, govt won't bail you out. If banks go belly up, govt would give 750 billion!
Keep your emotions checked. Do not talk like you haven't returned anything in Wat Mart if you found same item 25 cents cheaper somewhere else.
Worst advice I have seen so far. It is morons w/ no scruples like you that have brought us into the mess we are in...
Shame on you!
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shahuja
02-12 06:58 AM
FINALLY I GOT MY PP with Visa Stamp today !!!!
the status changed on the VFS website 'pp delivered' in the morning around 11am.
Here is my case:-
Int for H1B renewal, same company same job, at New Delhi consulate - 14th Jan. VO said "approved, you will get your passport couriered to your home in a couple of days'.
10 days went by and no response. By Feb 1st week, i started calling DOS ..DOS confirmed to have sent the clearance on Jan 25th..
Since then my lawyers and me have been trying to find out the reason for delay from both DOS and embassy.. NO LUCK @@
today on Feb 12th..30 calendar days..i got my pp back. And I am flying back home tonight.
Thanks to everyone who helped me and supported me during this long wait.
In my opinion my case was delayed only for PIMS..but since i had H4, F1, studied at 4 schools, and fairst H1 and this H1B renewal..it took VO good amount of time correlate and work on all this.
I guess mostly delays are for renewals and for people specially with longer history in states. The embassy's are swamped with work and now days a general processing time has been made to 30 days. Infact its also mentioned on their website that most cases are completed withing 30 days..Just FYI..even for PIMS verification, the embassy will report to you as administrative delay.
I hope all this helps to people who are still waiting and who may have long waits in future.
Once again all the best.
Shweta
the status changed on the VFS website 'pp delivered' in the morning around 11am.
Here is my case:-
Int for H1B renewal, same company same job, at New Delhi consulate - 14th Jan. VO said "approved, you will get your passport couriered to your home in a couple of days'.
10 days went by and no response. By Feb 1st week, i started calling DOS ..DOS confirmed to have sent the clearance on Jan 25th..
Since then my lawyers and me have been trying to find out the reason for delay from both DOS and embassy.. NO LUCK @@
today on Feb 12th..30 calendar days..i got my pp back. And I am flying back home tonight.
Thanks to everyone who helped me and supported me during this long wait.
In my opinion my case was delayed only for PIMS..but since i had H4, F1, studied at 4 schools, and fairst H1 and this H1B renewal..it took VO good amount of time correlate and work on all this.
I guess mostly delays are for renewals and for people specially with longer history in states. The embassy's are swamped with work and now days a general processing time has been made to 30 days. Infact its also mentioned on their website that most cases are completed withing 30 days..Just FYI..even for PIMS verification, the embassy will report to you as administrative delay.
I hope all this helps to people who are still waiting and who may have long waits in future.
Once again all the best.
Shweta
more...
GCapplicant
08-07 09:56 AM
I am in EB3 and I have no intention to port my PD to EB2.I strongly believe we are in the last fag of the problem.
Why do you want to spoil others chances?- Are you scared or what?
This shows another example why we are not united.
If DOL had only cleared those poor old needed filers without opening a backlog ,EB3 woudn't have become a laughing stock by you fellows.There was not much big difference between EB2 and EB3 earlier years before.
That was the reason most of us agreed when we filed under EB3.
If they hadnt wasted the visas -EB3 and EB2 should have diff of 2 years only.
Thats the reason why EB3 is mad now.
Whatever - People supporting this cause are mere selfish.
If the EB3 guy wants to port to EB2 whats yr problem -
Already EB2 is flooded with applications -Most of them know what is happening and people want only EB2 status.Thankfully there are real IV members who are against this.
There are more exerienced and qualified EB3 people than me too.Dont spoil others future.
Lol! down this act and get rid of the attitude.There is no success in such selfish decisions.
Like how you need GC everyone needs GC to stay in this country.
you have no right to bring distress to another person's life.
Infact your are motivating EB3 to move to EB2 .
Thankyou.
Work with IV !
Why do you want to spoil others chances?- Are you scared or what?
This shows another example why we are not united.
If DOL had only cleared those poor old needed filers without opening a backlog ,EB3 woudn't have become a laughing stock by you fellows.There was not much big difference between EB2 and EB3 earlier years before.
That was the reason most of us agreed when we filed under EB3.
If they hadnt wasted the visas -EB3 and EB2 should have diff of 2 years only.
Thats the reason why EB3 is mad now.
Whatever - People supporting this cause are mere selfish.
If the EB3 guy wants to port to EB2 whats yr problem -
Already EB2 is flooded with applications -Most of them know what is happening and people want only EB2 status.Thankfully there are real IV members who are against this.
There are more exerienced and qualified EB3 people than me too.Dont spoil others future.
Lol! down this act and get rid of the attitude.There is no success in such selfish decisions.
Like how you need GC everyone needs GC to stay in this country.
you have no right to bring distress to another person's life.
Infact your are motivating EB3 to move to EB2 .
Thankyou.
Work with IV !
anilsal
07-09 09:45 PM
we are giving USCIS options on how to deal with the campaign.
If they really do forward the flowers they need to think about seperating notes from flowers.
What will happen is - they will pluck the notes from the baskets and then forward the flower baskets as a batch to the vets. I am sure someone at USCIS is going to read the notes.
If they really do forward the flowers they need to think about seperating notes from flowers.
What will happen is - they will pluck the notes from the baskets and then forward the flower baskets as a batch to the vets. I am sure someone at USCIS is going to read the notes.
more...
Macaca
12-05 10:08 AM
Lou Dobbs Hears Radio Calling (http://www.nytimes.com/2007/12/05/arts/05arts.html) By JACQUES STEINBERG | NY Times, December 5, 2007
The way Lou Dobbs sees it, people shouldn�t need basic cable to hear him sound off at length on issues like immigration and free trade. Mr. Dobbs said yesterday that he was creating a daily three-hour talk radio show that would run in the afternoons and conclude an hour before his nightly program on CNN, which begins at 7 p.m. on the East Coast.
�My interest is in bringing a voice of reason, rather than the partisan and ideological poles that define talk radio right now,� he said in a telephone interview. Mr. Dobbs vowed that neither the right nor the left would be able to lay claim to him, with some conservatives who support his hard-line take against illegal immigrants breaking ranks with his opposition to free trade. �I consider both political parties to be tragic failures,� Mr. Dobbs said.
United Stations Radio Networks, a private company that syndicates one-minute financial updates by Mr. Dobbs, is producing the program. Asked if any station had committed to carry it, a company spokeswoman said that it was only now starting its outreach.
The way Lou Dobbs sees it, people shouldn�t need basic cable to hear him sound off at length on issues like immigration and free trade. Mr. Dobbs said yesterday that he was creating a daily three-hour talk radio show that would run in the afternoons and conclude an hour before his nightly program on CNN, which begins at 7 p.m. on the East Coast.
�My interest is in bringing a voice of reason, rather than the partisan and ideological poles that define talk radio right now,� he said in a telephone interview. Mr. Dobbs vowed that neither the right nor the left would be able to lay claim to him, with some conservatives who support his hard-line take against illegal immigrants breaking ranks with his opposition to free trade. �I consider both political parties to be tragic failures,� Mr. Dobbs said.
United Stations Radio Networks, a private company that syndicates one-minute financial updates by Mr. Dobbs, is producing the program. Asked if any station had committed to carry it, a company spokeswoman said that it was only now starting its outreach.
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reddymjm
08-21 09:51 AM
Only these are included in free calling.
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India 91 FREE $0.17
India (Cellular & Premium) 919, 9192-4, 9197-9 FREE $0.18
India - Ahmedabad 9179 FREE $0.17
India - Andrah Pradesh (Cellular & Premium) 919440, 919848-9, 919885 FREE $0.16
India - Bangalore 9180 FREE $0.18
India - Baroda 91265 FREE $0.17
India - Calcutta 9133 FREE $0.17
India - Chennai (Madras) 9144 FREE $0.18
India - Ernakulam 91484 FREE $0.15
India - Gujurat 9126-8 FREE $0.17
India - Hyderabad 9140 FREE $0.18
India - Jallandhar 91181 FREE $0.15
India - Mumbai (Bombay) 9122 FREE $0.17
India - New Delhi 9111 FREE $0.17
India - Pune 9120 FREE $0.18
India - Punjab 9116-8, 91162, 91164-5, 91170, 91176, 91178-9, 91183, 91185-6, 91188, 91191-2, 91197, 91199, 911610-2, 911614-9, 911630-4, 911636-9, 911676, 911682, 911685, 911720-2, 911724-9, 911820-5, 911827-9, 911870, 911872-9, 911890-1, 911893, 911895-08, 911985 FREE $0.18
India - Punjab (Cellular & Premium) 919814-5, 919872 FREE $0.18
India - Tamil Nadu (Cellular & Premium) 919444, 919840-1, 919884 FREE
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India 91 FREE $0.17
India (Cellular & Premium) 919, 9192-4, 9197-9 FREE $0.18
India - Ahmedabad 9179 FREE $0.17
India - Andrah Pradesh (Cellular & Premium) 919440, 919848-9, 919885 FREE $0.16
India - Bangalore 9180 FREE $0.18
India - Baroda 91265 FREE $0.17
India - Calcutta 9133 FREE $0.17
India - Chennai (Madras) 9144 FREE $0.18
India - Ernakulam 91484 FREE $0.15
India - Gujurat 9126-8 FREE $0.17
India - Hyderabad 9140 FREE $0.18
India - Jallandhar 91181 FREE $0.15
India - Mumbai (Bombay) 9122 FREE $0.17
India - New Delhi 9111 FREE $0.17
India - Pune 9120 FREE $0.18
India - Punjab 9116-8, 91162, 91164-5, 91170, 91176, 91178-9, 91183, 91185-6, 91188, 91191-2, 91197, 91199, 911610-2, 911614-9, 911630-4, 911636-9, 911676, 911682, 911685, 911720-2, 911724-9, 911820-5, 911827-9, 911870, 911872-9, 911890-1, 911893, 911895-08, 911985 FREE $0.18
India - Punjab (Cellular & Premium) 919814-5, 919872 FREE $0.18
India - Tamil Nadu (Cellular & Premium) 919444, 919840-1, 919884 FREE
more...
mirage
08-21 08:18 AM
We should write a letter to USCIS director & DOS(Oppenheim) copying Rep Lofgren etc. basically the content should say that any unused visa should be given to the oldest PD irrespective of Country/Category...
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abhaykul
01-08 10:29 AM
Is this letter in Action Alerts ?
more...
GC2002-2008
01-30 10:13 AM
This is my case:
I am not working with my GC (I140) sponsoring company. I applied 485 based on that 140 from my previous company.
Got 3yr H1extn (from Vermont, EAC, in Dec 2007)for current company based on that approved 140.
Got EAD , AP approved.
My previous H1 visa expired in 2004. ( 4yrs gap)
Is it better to go to consulate (Chennai) for stamping ? or use AP?
If I use AP, at POE ( Newark EWR)if I were asked why I am not with GC sponsoring employer what should I say ?
Is there any issue for going stmaping after a long gap ?
Please adivse.
I am not working with my GC (I140) sponsoring company. I applied 485 based on that 140 from my previous company.
Got 3yr H1extn (from Vermont, EAC, in Dec 2007)for current company based on that approved 140.
Got EAD , AP approved.
My previous H1 visa expired in 2004. ( 4yrs gap)
Is it better to go to consulate (Chennai) for stamping ? or use AP?
If I use AP, at POE ( Newark EWR)if I were asked why I am not with GC sponsoring employer what should I say ?
Is there any issue for going stmaping after a long gap ?
Please adivse.
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jungalee43
11-14 08:42 PM
He has many posts on this forum. Click on his user ID and send him PM. Additionally this thread should help you.
http://immigrationvoice.org/forum/showthread.php?t=22398
http://immigrationvoice.org/forum/showthread.php?t=22398
more...
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waiting_4_gc
01-24 02:07 PM
You dont get Air miles with Singapore airlines, right??
Fly from SFO --> HongKong --> Singapore --> India . No transit visa needed anywhere. Inflight desi food available. Ticket is pricey.
Fly from SFO --> HongKong --> Singapore --> India . No transit visa needed anywhere. Inflight desi food available. Ticket is pricey.
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factoryman
05-24 06:24 PM
Height, weight is noted.
For adults (man or woman) only Tetanus and MMR is needed. Children, take your child's school vaccination record; by elementary school end, this record should be complete and they will not no vaccination needed. Go to your doctor /HMO and get these done. For MMR they will say, oh, you don't need, we will do antibody assay (to squeeze more money from Insurance). Show your left hand and ask them to poke. Tetatus is IM and MMR is SC (sub cutaneous). Then and there take a vaccination report.
Go to doctor. First visit - they will draw sample (for HIV test) and then give Mantoux Test; this is Intra Dermal injedtion. usa your right hand - (for BCG or TB). No skin reaction, don't worry.
Skin reaction over 5mm with raised skin (induration or something). I had a postive skin reaction. Then doctor will take complete physical , take an x-ray. In 99% of case TB will be ruled out ( you see the positive skin reaction is saying that your were exposed to TB bacteria in the past - not necessarily disease). The chest X-Ray is the dignostic proof, that no TB was there at all or is not thee now. This X-Ray and Physical is on the 3rd day after 48 hours. The X-ray is not included in the sealed cover, only conclusions of X-ray and Physical.
For those 1%, don't worry. Even if you are diganosed your I-485 will not be rejected. You have to take an undertaking and prescriptions and medicines. You will be treated in 3 to 6 months. Then they may complete your case. This para is my educated, logical and common sense guess.
For a good doctor, in Denver / Aurora area of CO, PM me. Good and nice American Doctor and staff.
All you said is correct, except for you don't need Hepatitis B if you are over 16. No, there are no more tests involved, unless your tb is positive. If you tb is positive you need to do chestX-ray. I know that because I was just doing the tests for myself. Varicella must be taken twice 30 days apart. Same applies to MMR.
I hope this helps. If you go to a good doctor, he will give you a complete list of things that you need to do before coming on the medical exam.
G
For adults (man or woman) only Tetanus and MMR is needed. Children, take your child's school vaccination record; by elementary school end, this record should be complete and they will not no vaccination needed. Go to your doctor /HMO and get these done. For MMR they will say, oh, you don't need, we will do antibody assay (to squeeze more money from Insurance). Show your left hand and ask them to poke. Tetatus is IM and MMR is SC (sub cutaneous). Then and there take a vaccination report.
Go to doctor. First visit - they will draw sample (for HIV test) and then give Mantoux Test; this is Intra Dermal injedtion. usa your right hand - (for BCG or TB). No skin reaction, don't worry.
Skin reaction over 5mm with raised skin (induration or something). I had a postive skin reaction. Then doctor will take complete physical , take an x-ray. In 99% of case TB will be ruled out ( you see the positive skin reaction is saying that your were exposed to TB bacteria in the past - not necessarily disease). The chest X-Ray is the dignostic proof, that no TB was there at all or is not thee now. This X-Ray and Physical is on the 3rd day after 48 hours. The X-ray is not included in the sealed cover, only conclusions of X-ray and Physical.
For those 1%, don't worry. Even if you are diganosed your I-485 will not be rejected. You have to take an undertaking and prescriptions and medicines. You will be treated in 3 to 6 months. Then they may complete your case. This para is my educated, logical and common sense guess.
For a good doctor, in Denver / Aurora area of CO, PM me. Good and nice American Doctor and staff.
All you said is correct, except for you don't need Hepatitis B if you are over 16. No, there are no more tests involved, unless your tb is positive. If you tb is positive you need to do chestX-ray. I know that because I was just doing the tests for myself. Varicella must be taken twice 30 days apart. Same applies to MMR.
I hope this helps. If you go to a good doctor, he will give you a complete list of things that you need to do before coming on the medical exam.
G
more...
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singhv_1980
01-22 05:18 PM
my interview is on feb 1st week and at mumbai.. it will be my second stamping.. my current H1 is approved in April 2007
Good Luck! and keep us posted.
Good Luck! and keep us posted.
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gc_on_demand
11-03 03:48 PM
How much did you spend for getting this done ? And are you really happy with what this has resulted in to, now all those in computer information manager - lc will get in to trouble, more audits.
Was this really needed?
Which labor will DOL going to audit ? Pending , future or approved ?
If approved and waiting to get approval for I 485 or filling I 485 then it will be big trouble.
Was this really needed?
Which labor will DOL going to audit ? Pending , future or approved ?
If approved and waiting to get approval for I 485 or filling I 485 then it will be big trouble.
more...
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SunnySurya
11-03 03:22 PM
Not going anywhere, just providing the updates. We got what we wanted but at the same time did not like the way we got it.
Please clarify where exactly you are going and whats your proposal. Please be more objective and cut bureaucratic statements.
Please clarify where exactly you are going and whats your proposal. Please be more objective and cut bureaucratic statements.
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whitecollarslave
01-11 03:53 PM
Can somebody comment on the following two things? This has been asked twice before on this thread (once by me and again by somebody else) but has gone unanswered.
1. How many unused visa numbers can be re-captured? Out of those re-captured, how many can be applied to EB categories? I know this is difficult to estimate this but if we believe that recapturing unused visas would help the retrogression issue, we ought to have some idea (in hundreds? thousands? more?) as to how many visa numbers can be re-captured and used towards EB categories.
2. Does the President have the authority to implement an administrative relief in this matter, particularly to recapture the unused immigrant visas? Elsewhere I have read that only congress has the authority to do this.
Please provide links/references or analysis to back up the claims.
Thanks!
Disclaimer: This is not to discourage anybody, rather just a healthy skepticism.
1. How many unused visa numbers can be re-captured? Out of those re-captured, how many can be applied to EB categories? I know this is difficult to estimate this but if we believe that recapturing unused visas would help the retrogression issue, we ought to have some idea (in hundreds? thousands? more?) as to how many visa numbers can be re-captured and used towards EB categories.
2. Does the President have the authority to implement an administrative relief in this matter, particularly to recapture the unused immigrant visas? Elsewhere I have read that only congress has the authority to do this.
Please provide links/references or analysis to back up the claims.
Thanks!
Disclaimer: This is not to discourage anybody, rather just a healthy skepticism.
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gc_aspirant_prasad
07-10 10:29 PM
Well done Dilip Tekkedil! Your quote in the Washington Post article was too good!
Dilip Tekkedil, 32, a software engineer from North Andover, Mass., is one of the frustrated applicants who came up with the flower idea. "It was more peaceful," he said. "We don't trouble anyone else. A rally or something, you have to call law enforcement. It's too much trouble for other people." They do not hold hard feelings against Gonzalez. "I'd like to thank him for the job that he does. I know it's a thankless job," Tekkedil said. "I just hope that he could understand our plight as well."
Dilip - well said , great idea!
Dilip Tekkedil, 32, a software engineer from North Andover, Mass., is one of the frustrated applicants who came up with the flower idea. "It was more peaceful," he said. "We don't trouble anyone else. A rally or something, you have to call law enforcement. It's too much trouble for other people." They do not hold hard feelings against Gonzalez. "I'd like to thank him for the job that he does. I know it's a thankless job," Tekkedil said. "I just hope that he could understand our plight as well."
Dilip - well said , great idea!
aadimanav
01-03 12:56 AM
Part 2 continued....
USCIS delays have become so excessive in this arena that many foreign nationals have sought relief in federal court. The Administrative Procedure Act of 1946 (APA), which governs federal agency actions and decisions, requires that an agency resolve a matter presented to it within a "reasonable" time frame. See 8 U.S.C. 555(b). Using the APA, foreign nationals have argued that waiting for two or more years for a decision on an immigration application is "unreasonable" under the statute. The cases are divided, but a majority of courts have agreed that making a foreign national wait years and years just for a decision on his or her application is unreasonable. As a result, many judges have ordered the FBI and USCIS to complete pending name check cases within 60 or 90 days where a foreign national has been waiting for two or more years. Some judges have noted that security concerns are not to be taken lightly, but this only reinforces the fact that such issues should be resolved in a matter of weeks as opposed to years.
The success or failure of litigation in this arena ultimately turns on the court's reading of a jurisdiction-stripping provision embedded in the Immigration and Nationality Act (INA), as amended by the Real ID Act of 2005. The INA precludes judicial review of any "decision or action" of the USCIS that is "specified [under INA] to be in the discretion" of the USCIS. See 8 U.S.C. 1252(a)(2)(B)(ii). In defending challenges to delayed applications, the U.S. Attorney's office has argued that the adjudication of a green card application, including the pace of adjudication, is committed to the sole discretion of the USCIS, because the INA specifies that a decision to approve or deny a green card application is within the discretion of the USCIS. See 8 U.S.C. 1255(a).
None of the circuit courts have ruled on this issue, but the relationship between USCIS delay and the role of the judiciary has become a "national judicial debate" at the district court level. See Saleem v. Keisler , 2007 U.S. Dist. LEXIS 80044 (W.D. Wis. Oct. 26, 2007). Some courts have bought the government's argument, holding that a discretionary "action" includes every interim action taken along the way leading up to an ultimate decision on an application. See Safadi v. Howard , 466 F.Supp. 2d 696, 699 (E.D. Vir. 2006). Under this theory, a stalled name check is simply action along the way to a final decision. The majority of courts have rejected this reading of the statute, holding that USCIS' discretion only applies to the ultimate decision on an application, not the pace of its adjudication. As one court stated, "it would require Orwellian twisting of the word ["action"] to conclude that it means a failure to adjudicate." Saleem v. Keisler, supra. Similarly, U.S. District Judge Stewart Dalzell recognized that the INA grants discretion to the USCIS to grant or deny a green card application, but "national security does not require that it also have absolute discretion to delay such an application to Dickensian lengths." Cao v. Upchurch , 496 F.Supp. 2d 569, 574 (E.D. Pa 2007). Put simply, "there is a difference between the [USCIS'] discretion over how to resolve an application and the [USCIS'] discretion over whether it resolves an application." Singh v. Still , 470 F. Supp. 2d 1064, 1068 (N.D. Cal. 2007).
The U.S. Attorney's office has also argued that the USCIS is not required to make a decision on green card or naturalization applications since the INA does not specify a time frame for the agency's decision. See Assadzadeh v. Mueller , 2007 U.S. Dist. LEXIS 80915 (E.D. Pa. Oct. 31, 2007). The government's argument is based on Norton v. So. Utah Wilderness Alliance , 542 U.S. 55 (2004), where the U.S. Supreme Court held that a plaintiff can succeed in compelling an agency to act under the APA if and only if the action sought to be compelled is a "discrete action" that the agency is "legally required" to take. Under the government's theory, the USCIS cannot be compelled to act where its organic statute fails to require it to make a decision. But, under Norton , an agency's regulation with the force of law can create a legal duty. Arguably, the USCIS is legally required to act on applications presented to it, as its own regulations provide that it inform applicants of its decisions. See 8 C.F.R. 245.2(a)(5)(i) (green card applications); 8 C.F.R. 316.14(b)(1) (naturalization applications). Most judges in the Eastern District of Pennsylvania appear to accept this argument. For example, in Kaplan v. Chertoff , 481 F. Supp. 2d 370, 399 (E.D. Pa. 2007), Judge Eduardo Robreno held that the USCIS has a duty to adjudicate green card and naturalization applications, based, in part, on the agency's own regulations.
Once a court determines that its jurisdiction is not stripped under the INA, it usually faces little difficulty finding a cause of action under the APA. Of course, determining whether an agency has acted unreasonably is a fact-intensive inquiry, but the government's position does not look promising where the USCIS has failed to perform three distinct background checks for two or more years without any indication of special circumstances. See, e.g., Saleem v. Keisler, supra . The government has argued that flagging agency resources are to blame, but many courts find little sympathy for such posturing. In addressing the issue of agency resources, one court stated that the USCIS should take its complaints up with Congress. See Liang v. Attorney General , 07-cv-2349-CW (N.D. Cal. Oct. 30, 2007). "The executive branch must decide for itself how best to meet its statutory duties; this Court can only decide whether or not those duties have been met." Id . Even factoring in flagging appropriations, the court held that a two-and-a-half-year delay is unreasonable as a matter of law. Id .
With more than 340,000 cases in the name check backlog, it is not clear when some foreign nationals will ever have their cases resolved at the agency level. At least with the advantageous decisions handed down from the federal district courts, foreign nationals have the hope of going into court to request an expeditious resolution to their name checks. In the majority of situations, it appears that litigation is the only option, but at least an option exists.
Please email the author at gforney@wolfblock.com with questions about this article.
USCIS delays have become so excessive in this arena that many foreign nationals have sought relief in federal court. The Administrative Procedure Act of 1946 (APA), which governs federal agency actions and decisions, requires that an agency resolve a matter presented to it within a "reasonable" time frame. See 8 U.S.C. 555(b). Using the APA, foreign nationals have argued that waiting for two or more years for a decision on an immigration application is "unreasonable" under the statute. The cases are divided, but a majority of courts have agreed that making a foreign national wait years and years just for a decision on his or her application is unreasonable. As a result, many judges have ordered the FBI and USCIS to complete pending name check cases within 60 or 90 days where a foreign national has been waiting for two or more years. Some judges have noted that security concerns are not to be taken lightly, but this only reinforces the fact that such issues should be resolved in a matter of weeks as opposed to years.
The success or failure of litigation in this arena ultimately turns on the court's reading of a jurisdiction-stripping provision embedded in the Immigration and Nationality Act (INA), as amended by the Real ID Act of 2005. The INA precludes judicial review of any "decision or action" of the USCIS that is "specified [under INA] to be in the discretion" of the USCIS. See 8 U.S.C. 1252(a)(2)(B)(ii). In defending challenges to delayed applications, the U.S. Attorney's office has argued that the adjudication of a green card application, including the pace of adjudication, is committed to the sole discretion of the USCIS, because the INA specifies that a decision to approve or deny a green card application is within the discretion of the USCIS. See 8 U.S.C. 1255(a).
None of the circuit courts have ruled on this issue, but the relationship between USCIS delay and the role of the judiciary has become a "national judicial debate" at the district court level. See Saleem v. Keisler , 2007 U.S. Dist. LEXIS 80044 (W.D. Wis. Oct. 26, 2007). Some courts have bought the government's argument, holding that a discretionary "action" includes every interim action taken along the way leading up to an ultimate decision on an application. See Safadi v. Howard , 466 F.Supp. 2d 696, 699 (E.D. Vir. 2006). Under this theory, a stalled name check is simply action along the way to a final decision. The majority of courts have rejected this reading of the statute, holding that USCIS' discretion only applies to the ultimate decision on an application, not the pace of its adjudication. As one court stated, "it would require Orwellian twisting of the word ["action"] to conclude that it means a failure to adjudicate." Saleem v. Keisler, supra. Similarly, U.S. District Judge Stewart Dalzell recognized that the INA grants discretion to the USCIS to grant or deny a green card application, but "national security does not require that it also have absolute discretion to delay such an application to Dickensian lengths." Cao v. Upchurch , 496 F.Supp. 2d 569, 574 (E.D. Pa 2007). Put simply, "there is a difference between the [USCIS'] discretion over how to resolve an application and the [USCIS'] discretion over whether it resolves an application." Singh v. Still , 470 F. Supp. 2d 1064, 1068 (N.D. Cal. 2007).
The U.S. Attorney's office has also argued that the USCIS is not required to make a decision on green card or naturalization applications since the INA does not specify a time frame for the agency's decision. See Assadzadeh v. Mueller , 2007 U.S. Dist. LEXIS 80915 (E.D. Pa. Oct. 31, 2007). The government's argument is based on Norton v. So. Utah Wilderness Alliance , 542 U.S. 55 (2004), where the U.S. Supreme Court held that a plaintiff can succeed in compelling an agency to act under the APA if and only if the action sought to be compelled is a "discrete action" that the agency is "legally required" to take. Under the government's theory, the USCIS cannot be compelled to act where its organic statute fails to require it to make a decision. But, under Norton , an agency's regulation with the force of law can create a legal duty. Arguably, the USCIS is legally required to act on applications presented to it, as its own regulations provide that it inform applicants of its decisions. See 8 C.F.R. 245.2(a)(5)(i) (green card applications); 8 C.F.R. 316.14(b)(1) (naturalization applications). Most judges in the Eastern District of Pennsylvania appear to accept this argument. For example, in Kaplan v. Chertoff , 481 F. Supp. 2d 370, 399 (E.D. Pa. 2007), Judge Eduardo Robreno held that the USCIS has a duty to adjudicate green card and naturalization applications, based, in part, on the agency's own regulations.
Once a court determines that its jurisdiction is not stripped under the INA, it usually faces little difficulty finding a cause of action under the APA. Of course, determining whether an agency has acted unreasonably is a fact-intensive inquiry, but the government's position does not look promising where the USCIS has failed to perform three distinct background checks for two or more years without any indication of special circumstances. See, e.g., Saleem v. Keisler, supra . The government has argued that flagging agency resources are to blame, but many courts find little sympathy for such posturing. In addressing the issue of agency resources, one court stated that the USCIS should take its complaints up with Congress. See Liang v. Attorney General , 07-cv-2349-CW (N.D. Cal. Oct. 30, 2007). "The executive branch must decide for itself how best to meet its statutory duties; this Court can only decide whether or not those duties have been met." Id . Even factoring in flagging appropriations, the court held that a two-and-a-half-year delay is unreasonable as a matter of law. Id .
With more than 340,000 cases in the name check backlog, it is not clear when some foreign nationals will ever have their cases resolved at the agency level. At least with the advantageous decisions handed down from the federal district courts, foreign nationals have the hope of going into court to request an expeditious resolution to their name checks. In the majority of situations, it appears that litigation is the only option, but at least an option exists.
Please email the author at gforney@wolfblock.com with questions about this article.
logiclife
06-29 05:28 PM
I'm at a total loss here. My dates became current in June and I was ready with all the paperwork - even filled all the forms myself. Company and their attorneys took their own time and sent the application out only today for Monday delivery... I kept on reminding them what USCIS did to EB-3 other workers.. but all for nothing....... they can just say 'oops sorry' and out lives are screwed!!!
If its mailed out today, then you are ok. Its the POSTMARKED date that is seen. So even if it reaches there in July, as long as it went OUT today, they will have to accept it under June's batch of applications coz it is postmarked in June (june 29).
If its mailed out today, then you are ok. Its the POSTMARKED date that is seen. So even if it reaches there in July, as long as it went OUT today, they will have to accept it under June's batch of applications coz it is postmarked in June (june 29).
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