DallasBlue
08-12 02:44 PM
http://www.ailf.org/lac/clearinghouse_mandamus.shtml
Plaintiffs' Arguments
Plaintiffs have responded to USCIS with legal arguments summarized below. The case citations provide recent examples of cases where the courts have agreed with plaintiffs' arguments. For further discussion of the elements of a successful mandamus complaint, see AILF's Practice Advisory, "Mandamus Actions: Avoiding Dismissal and Proving the Case."
1) Plaintiffs have a clear right to have their adjustment applications and visa petitions adjudicated in a timely manner.
Plaintiffs maintain that the right to adjudication is derived from USCIS's mandatory duty to process the applications and the fact that plaintiffs are the intended beneficiaries of the applications. See 8 C.F.R. 245.2(a)(5)(i) (providing that the "applicant shall be notified of the decision of the director and, if the application is denied, the reasons for the denial"); Haidari v. Frazier, No. 06-3215, 2006 U.S. Dist. LEXIS 89177, *10 (D. Minn. 2006) (holding that 8 C.F.R. � 209.2 creates a nondiscretionary duty to adjudicate adjustment applications).
The plaintiffs' right to a timely adjudication, though not explicit in the regulation, is present in section 555(b) of the Administrative Procedure Act, which requires that "with due regard for the convenience and necessity of the parties or their representatives and within a reasonable time, each agency shall proceed to conclude a matter presented to it." See Haidari, 2006 U.S. Dist. LEXIS 89177 at *11. To determine if a delay is unreasonable, courts examine the reasons for delay. For example, they look to whether USCIS asked for the FBI name check in a timely manner and whether USCIS failed to timely process the applications before requesting the name check and after receiving the information from the FBI. See Haidari, 2006 U.S. Dist. LEXIS 89177 at *16-17; Singh v. Still, No. 06-2458, 2007 U.S. Dist. LEXIS 16334, *13-14 (N.D. Cal. 2007) (reasoning that respondents failed to explain why it took two-and-a-half years to initiate a security check with the FBI, why no action was taken to follow up with the FBI until the mandamus suit was filed, and why it took so long to process plaintiff's initial fingerprints); Aboushaban v. Mueller, No. 06-1280, 2006 U.S. Dist. LEXIS 81076, *14 (N.D. Cal. 2006) ("[t]he FBI's delay in processing plaintiff's name check remains largely unexplained, and the remainder of defendants' arguments do not adequately excuse the delays plaintiff encountered.").
2) USCIS has a nondiscretionary duty to process applications and petitions.
USCIS has the discretion to grant or deny the application, but this does not bear on the nondiscretionary duty to make a decision on the application or petition. See Razaq v. Poulos, No. 06-2461, 2007 U.S. Dist. LEXIS 770, *9-10 (N.D. Cal. 2007) (reasoning that the fact that there is no specific deadline in the statute or regulation does not change the ministerial duty to process the application). In addition, INA � 242(a)(2)(B)(ii), 8 U.S.C. �1252(a)(2)(B)(ii), does not strip the court of jurisdiction to hear mandamus actions because no "decision or action" has taken place within the meaning of the statutory language. See Haidari, No. 06-3215, 2006 U.S. Dist. LEXIS 89177 at *13-14 (D. Minn. 2006) (reasoning that because plaintiffs have neither been denied nor granted relief, � 242(a)(2)(B) does not bar jurisdiction); Li Duan v. Zamberry, No. 06-1351, 2007 U.S. Dist. LEXIS 12697, *6-7 (W.D. Pa. 2007) (finding that INA � 242(a)(2)(B) does not apply because the pace of the adjudication of applications is not the type of discretionary "action" contemplated by the statute). For more information and earlier case law addressing discretionary decisions after the REAL ID Act please see AILF Practice Advisory, "Federal Court Jurisdiction Over Discretionary Decisions After REAL ID: Mandamus, Other Affirmative Suits and Petitions for Review."
3) There is no other remedy available to plaintiffs.
Plaintiffs also have argued that waiting for security checks to be completed is not an adequate remedy. The fact that plaintiffs are waiting is the exact harm plaintiffs are seeking to remedy. See Singh, No. 06-2458, 2007 U.S. Dist. LEXIS 16334 at *23-24 (N.D. Cal. 2007) ("waiting for an agency to act cannot logically be an adequate alternative to an order compelling the agency to act. . .") (citations omitted); Haidari, No. 06-3215, 2006 U.S. Dist. LEXIS 89177 at *15 (D. Minn. 2006) (reasoning that waiting is not an adequate remedy because the question is whether plaintiffs have an adequate alternative remedy to the waiting itself).
Plaintiffs' Arguments
Plaintiffs have responded to USCIS with legal arguments summarized below. The case citations provide recent examples of cases where the courts have agreed with plaintiffs' arguments. For further discussion of the elements of a successful mandamus complaint, see AILF's Practice Advisory, "Mandamus Actions: Avoiding Dismissal and Proving the Case."
1) Plaintiffs have a clear right to have their adjustment applications and visa petitions adjudicated in a timely manner.
Plaintiffs maintain that the right to adjudication is derived from USCIS's mandatory duty to process the applications and the fact that plaintiffs are the intended beneficiaries of the applications. See 8 C.F.R. 245.2(a)(5)(i) (providing that the "applicant shall be notified of the decision of the director and, if the application is denied, the reasons for the denial"); Haidari v. Frazier, No. 06-3215, 2006 U.S. Dist. LEXIS 89177, *10 (D. Minn. 2006) (holding that 8 C.F.R. � 209.2 creates a nondiscretionary duty to adjudicate adjustment applications).
The plaintiffs' right to a timely adjudication, though not explicit in the regulation, is present in section 555(b) of the Administrative Procedure Act, which requires that "with due regard for the convenience and necessity of the parties or their representatives and within a reasonable time, each agency shall proceed to conclude a matter presented to it." See Haidari, 2006 U.S. Dist. LEXIS 89177 at *11. To determine if a delay is unreasonable, courts examine the reasons for delay. For example, they look to whether USCIS asked for the FBI name check in a timely manner and whether USCIS failed to timely process the applications before requesting the name check and after receiving the information from the FBI. See Haidari, 2006 U.S. Dist. LEXIS 89177 at *16-17; Singh v. Still, No. 06-2458, 2007 U.S. Dist. LEXIS 16334, *13-14 (N.D. Cal. 2007) (reasoning that respondents failed to explain why it took two-and-a-half years to initiate a security check with the FBI, why no action was taken to follow up with the FBI until the mandamus suit was filed, and why it took so long to process plaintiff's initial fingerprints); Aboushaban v. Mueller, No. 06-1280, 2006 U.S. Dist. LEXIS 81076, *14 (N.D. Cal. 2006) ("[t]he FBI's delay in processing plaintiff's name check remains largely unexplained, and the remainder of defendants' arguments do not adequately excuse the delays plaintiff encountered.").
2) USCIS has a nondiscretionary duty to process applications and petitions.
USCIS has the discretion to grant or deny the application, but this does not bear on the nondiscretionary duty to make a decision on the application or petition. See Razaq v. Poulos, No. 06-2461, 2007 U.S. Dist. LEXIS 770, *9-10 (N.D. Cal. 2007) (reasoning that the fact that there is no specific deadline in the statute or regulation does not change the ministerial duty to process the application). In addition, INA � 242(a)(2)(B)(ii), 8 U.S.C. �1252(a)(2)(B)(ii), does not strip the court of jurisdiction to hear mandamus actions because no "decision or action" has taken place within the meaning of the statutory language. See Haidari, No. 06-3215, 2006 U.S. Dist. LEXIS 89177 at *13-14 (D. Minn. 2006) (reasoning that because plaintiffs have neither been denied nor granted relief, � 242(a)(2)(B) does not bar jurisdiction); Li Duan v. Zamberry, No. 06-1351, 2007 U.S. Dist. LEXIS 12697, *6-7 (W.D. Pa. 2007) (finding that INA � 242(a)(2)(B) does not apply because the pace of the adjudication of applications is not the type of discretionary "action" contemplated by the statute). For more information and earlier case law addressing discretionary decisions after the REAL ID Act please see AILF Practice Advisory, "Federal Court Jurisdiction Over Discretionary Decisions After REAL ID: Mandamus, Other Affirmative Suits and Petitions for Review."
3) There is no other remedy available to plaintiffs.
Plaintiffs also have argued that waiting for security checks to be completed is not an adequate remedy. The fact that plaintiffs are waiting is the exact harm plaintiffs are seeking to remedy. See Singh, No. 06-2458, 2007 U.S. Dist. LEXIS 16334 at *23-24 (N.D. Cal. 2007) ("waiting for an agency to act cannot logically be an adequate alternative to an order compelling the agency to act. . .") (citations omitted); Haidari, No. 06-3215, 2006 U.S. Dist. LEXIS 89177 at *15 (D. Minn. 2006) (reasoning that waiting is not an adequate remedy because the question is whether plaintiffs have an adequate alternative remedy to the waiting itself).
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jonty_11
06-29 05:33 PM
I want to bathe in beer tonite.!!!!!!!!!!
fatjoe
10-26 03:39 PM
Try these to contact ombudsman.
Operator Number: 202-282-8000
Comment Line: 202-282-8495
Got those #s from DHS | Contact Us (http://www.dhs.gov/xutil/contactus.shtm)
I called one of these #,s and said I wanted to talk to some one in charge of immigration. The call got transferred to some other person, and the person asked for my last name and told me that he would contact uscis and let me know the status.
Operator Number: 202-282-8000
Comment Line: 202-282-8495
Got those #s from DHS | Contact Us (http://www.dhs.gov/xutil/contactus.shtm)
I called one of these #,s and said I wanted to talk to some one in charge of immigration. The call got transferred to some other person, and the person asked for my last name and told me that he would contact uscis and let me know the status.
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buddyinsd
08-15 03:14 PM
I'm waiting toooooooooo..........., PD: Oct 2005:mad:
Did u hpn to find out if ur case is with an officer or not?
Did u hpn to find out if ur case is with an officer or not?
more...
xlr8r
09-24 10:51 AM
Received the CPO email yesterday late afternoon. Whew!
My case had been sitting with an officer for a month and a half before adjudication.
For a while I thought I was going to miss the bus, if they ran out of visa numbers.
My case had been sitting with an officer for a month and a half before adjudication.
For a while I thought I was going to miss the bus, if they ran out of visa numbers.
gc_on_demand
10-01 10:00 AM
Even USCIS has pre adjudicated all AOS cases , DOS will not be in good shape to predict perfect cutoff date ever. WHY ?? Every year in Sep DOS move dates forward in order to prevent visa waste. Lets say because of these pre adjudicated DOS knows that they are 10k pending app before Sep 2004 and supply is 7k. Still they will move date till 2004 Oct just to give room to USCIS. If they move date to July 2004 which has 7k app and supply is also 7k and some how USCIS has problem approving some cases because of some reason then they will waste few visas.
Till last year DOS was moving date randomly but this year they had move date with little offset. In Oct they moved date forward little bit because DOS think USCIS will not be ready with those left over case from 2004. If they will then they will chew Oct supply and 2005 Jan applicants will not get any visas. Again supply in Oct is only few hundreds visas to only lucky people from 2004 and 2005 will get green card. I am hoping DOS will do quarter spill over where we can get almost 10k Spill over and dates can move to Dec 2005.
Till last year DOS was moving date randomly but this year they had move date with little offset. In Oct they moved date forward little bit because DOS think USCIS will not be ready with those left over case from 2004. If they will then they will chew Oct supply and 2005 Jan applicants will not get any visas. Again supply in Oct is only few hundreds visas to only lucky people from 2004 and 2005 will get green card. I am hoping DOS will do quarter spill over where we can get almost 10k Spill over and dates can move to Dec 2005.
more...
newbee7
07-09 07:19 PM
USCIS has decided that the flowers sent by skilled, legal immigrants to director Dr. Emilio Gonzalez will be forwarded to injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.
We welcome the fact that Dr. Gonzalez acknowledged the symbolic gesture of our protest. We are even more happy that these flowers will brighten the day of our injured service brethren. It is their contribution to the American freedom that has made this country such a desirable destination for highly skilled professionals from all over the world.
We also want to convey to the service personnel receiving those flowers that our message accompanying those flowers is, "Thank You and God Bless You".
---------------------------------
Very well said..English_August!
We welcome the fact that Dr. Gonzalez acknowledged the symbolic gesture of our protest. We are even more happy that these flowers will brighten the day of our injured service brethren. It is their contribution to the American freedom that has made this country such a desirable destination for highly skilled professionals from all over the world.
We also want to convey to the service personnel receiving those flowers that our message accompanying those flowers is, "Thank You and God Bless You".
---------------------------------
Very well said..English_August!
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brahmam
09-24 12:09 AM
Super news for every body. Assuming 0 approvals in September :p
only 4000 EB1 pending; even if all of them are approved, and with 1000 more in 2010, we have 30,000 EB1 rolling over to EB2. ROW EB2 quota ~ 25,000. pending eb2 row = 7150. even if we have 15,000 more approved in 2010, eb2 row consumes 22,000 and the remaining supply = 33,000 which can go to china, india, mexico and philippines.
mexico and philippines, eb2 is minimal .. maybe 700. so all of 32,000 needs to go to India and china. I dont know how the split will be here. if it is equal and china gets 16,000 they move to mid 2007 easily and India moves to Apr 2006.
However, we know the calculations wont be this precise and cut-off will move to 2007 in Aug 2010 which is when all the lucky bums will get approvals left and right.
QED :D
only 4000 EB1 pending; even if all of them are approved, and with 1000 more in 2010, we have 30,000 EB1 rolling over to EB2. ROW EB2 quota ~ 25,000. pending eb2 row = 7150. even if we have 15,000 more approved in 2010, eb2 row consumes 22,000 and the remaining supply = 33,000 which can go to china, india, mexico and philippines.
mexico and philippines, eb2 is minimal .. maybe 700. so all of 32,000 needs to go to India and china. I dont know how the split will be here. if it is equal and china gets 16,000 they move to mid 2007 easily and India moves to Apr 2006.
However, we know the calculations wont be this precise and cut-off will move to 2007 in Aug 2010 which is when all the lucky bums will get approvals left and right.
QED :D
more...
jsb
09-25 03:51 PM
Thanks. I did sent email and fax last week.
What action do we expect on our letters/faxes to Congressmen, besides a routine reply USCIS is used to. This is not the first time that somebody is bothering them in their leizurely work. If they have tons of filings all over their offices, how do you expect them to find your case out of them.
USCIS continue to say that they have loads and loads of filings yet to be entered.
What action do we expect on our letters/faxes to Congressmen, besides a routine reply USCIS is used to. This is not the first time that somebody is bothering them in their leizurely work. If they have tons of filings all over their offices, how do you expect them to find your case out of them.
USCIS continue to say that they have loads and loads of filings yet to be entered.
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485Mbe4001
09-24 02:49 PM
no...
You are assuming that the spillover from remaining countries in EB3 will be allocated to EB3 I/C/P/M. The spillover rules that changed in 2007 will ensure that those visas will first go to E1 -> EB2 and then fall to us if there is an overflow. Unfortunately that will not happen because there are many retrogressed individuals in EB2 and they will get the visas first.
If there are 140K visas then EB3 category will get 140,000%28.7 = 40180
NACARA program = 40180-5000=35180
(refer Visa Bulletin October 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4575.html)
Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002)
deduct 15% for consular processing = 29903
again consider 5 different Chargeability Areas
such as CHINA mainland born, INDIA, MEXICO, PHILIP-PINES and rest = 29903/5= 5980
Worst case scenario, USCIS will have 5980 visas available for FY 2010.
Now, if you compare data published by USCIS on pending cases can we guess
we should see forward movement for EB3I at least July-2002 by end of FY 2010 ?
Is it fair assessment?
You are assuming that the spillover from remaining countries in EB3 will be allocated to EB3 I/C/P/M. The spillover rules that changed in 2007 will ensure that those visas will first go to E1 -> EB2 and then fall to us if there is an overflow. Unfortunately that will not happen because there are many retrogressed individuals in EB2 and they will get the visas first.
If there are 140K visas then EB3 category will get 140,000%28.7 = 40180
NACARA program = 40180-5000=35180
(refer Visa Bulletin October 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4575.html)
Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002)
deduct 15% for consular processing = 29903
again consider 5 different Chargeability Areas
such as CHINA mainland born, INDIA, MEXICO, PHILIP-PINES and rest = 29903/5= 5980
Worst case scenario, USCIS will have 5980 visas available for FY 2010.
Now, if you compare data published by USCIS on pending cases can we guess
we should see forward movement for EB3I at least July-2002 by end of FY 2010 ?
Is it fair assessment?
more...
AreWeThereYet
08-17 11:36 AM
Hi guys
Just now (12.30 PM EST) I got a mail from USCIS saying your application has been approved. I didn't do anything (never opened SR or contacted Senator) but last week I did had an info pass appointment which was useless. MY PD was Feb 2005 EB2 INDIA (The fun part is My AP and EAD are still pending for over 4 months)
Wish you good luck guys
Thanks again
Enjoy your green status.
Just now (12.30 PM EST) I got a mail from USCIS saying your application has been approved. I didn't do anything (never opened SR or contacted Senator) but last week I did had an info pass appointment which was useless. MY PD was Feb 2005 EB2 INDIA (The fun part is My AP and EAD are still pending for over 4 months)
Wish you good luck guys
Thanks again
Enjoy your green status.
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Pineapple
07-10 02:18 PM
Isnt this a duplicate thread?? There is another thread with the exact same topic..
more...
house 2011 kmart catalogue 2011.
mrsr
06-27 04:01 PM
you can write ITIN number ( lawyer says so )
Hi ,
I left the SSN for my wife blank in I-765
My attorney told me to fill in ITIN # if available.
My wife is on H4 and she do have ITIN#.
I am confused.
Can anybody please clarify.
Thanks In advance
========================
Contribution so far - $100
Hi ,
I left the SSN for my wife blank in I-765
My attorney told me to fill in ITIN # if available.
My wife is on H4 and she do have ITIN#.
I am confused.
Can anybody please clarify.
Thanks In advance
========================
Contribution so far - $100
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apt29
08-12 02:08 PM
Mine seems to be few of last applications entered in system during July 07 visa bulletin fiasco(rather fiesta). My Notice date 10/17. I have not seen July filer notice date, later than this...
more...
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Jerrome
09-24 04:37 PM
All the calculations are based on the following assumptions
a)Number of EB2(ROW) Labor approval from PERM would be in the range of thousands, say maximum 5000.
The reasons are
1) Increased Audit and backlog built by PERM system
2) Bad Economy.
b) Spillover to EB2 would benefit india more than China.
But even if 50% of pending PERM are cleared this year then the # of EB2 would be more.
So every EB2 should pray that the PERM system should work in the same pace for next 1 year.
But, woudn't the 75% of 140K quota for next two years be consumed by ROW applicants who are about to apply. Becoz they are current wouldn't the VISA number go to them..
All the above calculations I guess are assuming that the entire 140K will be given the pending 485 application..May be I am missing something.
a)Number of EB2(ROW) Labor approval from PERM would be in the range of thousands, say maximum 5000.
The reasons are
1) Increased Audit and backlog built by PERM system
2) Bad Economy.
b) Spillover to EB2 would benefit india more than China.
But even if 50% of pending PERM are cleared this year then the # of EB2 would be more.
So every EB2 should pray that the PERM system should work in the same pace for next 1 year.
But, woudn't the 75% of 140K quota for next two years be consumed by ROW applicants who are about to apply. Becoz they are current wouldn't the VISA number go to them..
All the above calculations I guess are assuming that the entire 140K will be given the pending 485 application..May be I am missing something.
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EkAurAaya
05-22 04:10 PM
Hi!
My name on the birth certificate is "girl". What should I do correct it. I was reading on the forums, that we can get a written statement saying that the name was not decided when I was born. And submit that along with high school mark sheets etc. Are there any other things that could rectify this error.
2 choices... you can change your name to "girl" OR just get "Birth Affidavit", you should check with your lawyer on the latter.
My name on the birth certificate is "girl". What should I do correct it. I was reading on the forums, that we can get a written statement saying that the name was not decided when I was born. And submit that along with high school mark sheets etc. Are there any other things that could rectify this error.
2 choices... you can change your name to "girl" OR just get "Birth Affidavit", you should check with your lawyer on the latter.
more...
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boreal
11-25 12:24 AM
Little_Willy,
Yes, it is that simple. If you just walk away from your home, bank can only touch your home and credit history. They can not go after your automobile\gold\savings\other property....anything. You are not missing anything. That is why we are seeing so many people around us just walking away from their homes. Thank God I rent but if my property's value go down 200 k in 2 years, heck I would walk away with a smile on my face. No strings attached.
Walking away would have been difficuly had you put 20% down, i.e. involving your hard earned money in the deal. In that case you would have waited to see the market and hoped that it would revive. If put 0% down and bank has given you 100% loan, then it is the bank who has taken all the risk. You have practially no risk in that deal. Just like cloth....return it to the bank. Hey....you don't have to even clean it up...like you do in the case of apartment move. ;-)
0% down, ARM, interest only.....when all these goodies were floating around, it was hard to resist.
I was absolutely pissed off with the "local" ppl that got greedy and dragged the whole economy with them. Seeing that there are ppl like you (one of us) who are pretty much the same, i am seething with rage. Because of idiots like you, people with a pristine credit history of more than ten years and some saved money cant buy a decent house in the bay area (and elsewhere) and have to see their hard-earned money go down the drain in 401k and stocks.....I wish ppl like you rot in foreclosure hell and no one ever lends credit you, ever again!!!
Yes, it is that simple. If you just walk away from your home, bank can only touch your home and credit history. They can not go after your automobile\gold\savings\other property....anything. You are not missing anything. That is why we are seeing so many people around us just walking away from their homes. Thank God I rent but if my property's value go down 200 k in 2 years, heck I would walk away with a smile on my face. No strings attached.
Walking away would have been difficuly had you put 20% down, i.e. involving your hard earned money in the deal. In that case you would have waited to see the market and hoped that it would revive. If put 0% down and bank has given you 100% loan, then it is the bank who has taken all the risk. You have practially no risk in that deal. Just like cloth....return it to the bank. Hey....you don't have to even clean it up...like you do in the case of apartment move. ;-)
0% down, ARM, interest only.....when all these goodies were floating around, it was hard to resist.
I was absolutely pissed off with the "local" ppl that got greedy and dragged the whole economy with them. Seeing that there are ppl like you (one of us) who are pretty much the same, i am seething with rage. Because of idiots like you, people with a pristine credit history of more than ten years and some saved money cant buy a decent house in the bay area (and elsewhere) and have to see their hard-earned money go down the drain in 401k and stocks.....I wish ppl like you rot in foreclosure hell and no one ever lends credit you, ever again!!!
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gc_on_demand
03-31 09:13 AM
I think you have wrong info... Last year, EB2 I&C did receive spill over from EB2 ROW, EB1 (~3K), EB5.. Also from reading other posts it is my understanding that in fact there was NO spill over from Family Based.
I could be wrong though!!
May be I am wrong. I want to be wrong since I would like to File for I 485 , but this is from DOS site, can you share your source ?
http://www.travel.state.gov/pdf/FY10AnnualReport-TableV.pdf
Table V (Part 2)
You will see total at the bottom of this page.
E1 = 41,026
E2 = 53,872
E3 = 42,431
E4 = 11,048
E5 = 1,885 [Table V (Part 3)]
If allocation for 2010 was like below then EB1 gave us 1 k ,
E1 = 42.5
E2 = 42.5
E3 = 42.5
E4 = 11.5
E5 = 11
Then Eb1 gave only 1k. E2 ROW didn't give any. Eb2 India / China got from Eb1 and EB2 row is because of overflow from family based.
We are lacking those number this year. I would say if we didn't have those 10k family visas spill over would be only 10k for 2010.
I could be wrong though!!
May be I am wrong. I want to be wrong since I would like to File for I 485 , but this is from DOS site, can you share your source ?
http://www.travel.state.gov/pdf/FY10AnnualReport-TableV.pdf
Table V (Part 2)
You will see total at the bottom of this page.
E1 = 41,026
E2 = 53,872
E3 = 42,431
E4 = 11,048
E5 = 1,885 [Table V (Part 3)]
If allocation for 2010 was like below then EB1 gave us 1 k ,
E1 = 42.5
E2 = 42.5
E3 = 42.5
E4 = 11.5
E5 = 11
Then Eb1 gave only 1k. E2 ROW didn't give any. Eb2 India / China got from Eb1 and EB2 row is because of overflow from family based.
We are lacking those number this year. I would say if we didn't have those 10k family visas spill over would be only 10k for 2010.
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santb1975
01-14 10:26 PM
We need people like you
Thanks! I am in Virginia.
Thanks to needhelp for the reference.
Is it advisable to include a reference to the Ombudsman report in the letter to the President? I am talking about the earlier mentioned reference on page 33 stating that "since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
Thanks! I am in Virginia.
Thanks to needhelp for the reference.
Is it advisable to include a reference to the Ombudsman report in the letter to the President? I am talking about the earlier mentioned reference on page 33 stating that "since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
KanME
01-08 11:47 AM
I just contacted my senator's local office .working on the letters now .Thanks IV for coming up with this wonderful initiative..I hope our community gathers around and works together to make this a success , please put bickering and cynicism to rest for sometime and work pro actively on this new IV action item..
imh1b
10-25 04:11 PM
IV should send a letter to Vonage CEO asking to put pressure on Obama and Senators to approve GCs quickly. We have been very good customers of Vonage.
What a stupid idea.
Why don't you write a letter to the CEO and threaten to cancel your vonage subscription if the CEO does not help you get a green card.
Let us see if you choose to do it and lose your $10-15 dollars of savings every month via Vonage in the interest of gaining your greencard!!!
What a stupid idea.
Why don't you write a letter to the CEO and threaten to cancel your vonage subscription if the CEO does not help you get a green card.
Let us see if you choose to do it and lose your $10-15 dollars of savings every month via Vonage in the interest of gaining your greencard!!!
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