bayarea07
09-14 01:00 PM
Any call this weekend, I am planning to call all except the supporters today.
Please CAL CALL CALL !!!!
Please CAL CALL CALL !!!!
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rockyrock
07-31 03:52 PM
Pappu, special thanks for researching this topic, and posting updates regularly.
Last week I too consulted a high profile (about $200 per 15 minutes... you should be able to guess, I am not sure I am alowed to mention the name) lawyer to discuss this issue. To give you a brief background, my lawyer did not include the Employment Verification letter
1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got last week.
Thanks!
just a question on #2 above - if you are filing second AOS with EVL, why not just withdraw the first AOS once you get the receipt? Wouldn't this be safer?
Last week I too consulted a high profile (about $200 per 15 minutes... you should be able to guess, I am not sure I am alowed to mention the name) lawyer to discuss this issue. To give you a brief background, my lawyer did not include the Employment Verification letter
1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got last week.
Thanks!
just a question on #2 above - if you are filing second AOS with EVL, why not just withdraw the first AOS once you get the receipt? Wouldn't this be safer?
ski_dude12
09-27 04:47 PM
Also, does anyone remember where the I-485 was mailed? NSC or TSC? From what I remember it was based on what state you lived in when I-485 was filed.
It was NSC for New York residents... Can someone confirm that please.
It was NSC for New York residents... Can someone confirm that please.
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immm
07-11 02:04 PM
It probably has been covered already but here are the flowers:
http://media3.washingtonpost.com/wp-dyn/content/photo/2007/07/10/PH2007071002061.jpg (http://media3.washingtonpost.com/wp-dyn/content/photo/2007/07/10/PH2007071002061.jpg)
http://media3.washingtonpost.com/wp-dyn/content/photo/2007/07/10/PH2007071002064.jpg (http://media3.washingtonpost.com/wp-dyn/content/photo/2007/07/10/PH2007071002064.jpg)
http://media3.washingtonpost.com/wp-dyn/content/photo/2007/07/10/PH2007071002061.jpg (http://media3.washingtonpost.com/wp-dyn/content/photo/2007/07/10/PH2007071002061.jpg)
http://media3.washingtonpost.com/wp-dyn/content/photo/2007/07/10/PH2007071002064.jpg (http://media3.washingtonpost.com/wp-dyn/content/photo/2007/07/10/PH2007071002064.jpg)
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l1fraud
06-10 10:08 PM
Whatever Dude!
I have heard that story before. Ask your bosses at losers guild to teach you better stories to blend in with us.
If you are really sincere, why don't you send your name, phone number and employer name to IV and IV will put you in touch with the right people to complain?
No point trying to hide your identity and faking your own convictions.
I can send all the details .. including the evidences, can u assure me of anonymity and protection under whistle blower category ??? Dude r u kidding me ... we are talking about a complaint against a Billion Dollar firm and its resources.. do u expect me to give the details in this open forum ... BTW do u still think that I am tunnel rat???
I have heard that story before. Ask your bosses at losers guild to teach you better stories to blend in with us.
If you are really sincere, why don't you send your name, phone number and employer name to IV and IV will put you in touch with the right people to complain?
No point trying to hide your identity and faking your own convictions.
I can send all the details .. including the evidences, can u assure me of anonymity and protection under whistle blower category ??? Dude r u kidding me ... we are talking about a complaint against a Billion Dollar firm and its resources.. do u expect me to give the details in this open forum ... BTW do u still think that I am tunnel rat???
samyjani
01-04 02:26 AM
Finally, received my passport on the 3rd Jan, 08. Good luck everybody.:)
Hi All,
I am on a business trip to Chennai and I was interviewed for my H1-B renewal on Dec 6th 2007, unaware of the PIMS as it was not mentioned anywhere on the website that it will take this long to receive the passport. I was granted my visa within few minutes but till date (Jan 1st, 08) I have not received my passport. Was interviewed at the Chennai consulate. It has been heights of frustration as I had to spend all my Christmas holidays and New years at Chennai with all my fly being in US. I was supposed to return to US on Dec19th had to postpone my tickets to Dec 24th and then to Dec 29th. Now finally I have cancelled my tickets as it was costing me $200 every time I modify my itinerary.The US consulate, Chennai keeps on extending the processing time from 3 to 7 to 10 and it has been 15 working days already now, but still no passport in hand. Last week on Friday (Dec 28th) got an email that it might take additional 7 working days, huh ! Good thing is my company is in Chennai so atleast I can go to work or else it would have been really painful.
Was anybody else interviewed at Chennai during that black week ??? with similar situation ?
Good luck everybody.
Hi All,
I am on a business trip to Chennai and I was interviewed for my H1-B renewal on Dec 6th 2007, unaware of the PIMS as it was not mentioned anywhere on the website that it will take this long to receive the passport. I was granted my visa within few minutes but till date (Jan 1st, 08) I have not received my passport. Was interviewed at the Chennai consulate. It has been heights of frustration as I had to spend all my Christmas holidays and New years at Chennai with all my fly being in US. I was supposed to return to US on Dec19th had to postpone my tickets to Dec 24th and then to Dec 29th. Now finally I have cancelled my tickets as it was costing me $200 every time I modify my itinerary.The US consulate, Chennai keeps on extending the processing time from 3 to 7 to 10 and it has been 15 working days already now, but still no passport in hand. Last week on Friday (Dec 28th) got an email that it might take additional 7 working days, huh ! Good thing is my company is in Chennai so atleast I can go to work or else it would have been really painful.
Was anybody else interviewed at Chennai during that black week ??? with similar situation ?
Good luck everybody.
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PBECVictim
06-29 05:33 PM
It is received date stamp, what they do after receiving. They do it immediately on the same day.
(area code 202) 663-1541 still reading June Visa bulletin. Did they revert back?
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).
(area code 202) 663-1541 still reading June Visa bulletin. Did they revert back?
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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eb2waiter
05-17 03:20 PM
is it not part of labor and I-140. Please explain.
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casinoroyale
01-25 10:22 AM
Emirates is good. No TV hassels. JFK to HYD trip is good because it starts at 11pm but on the way back it was little painful because you start your journey at 4 am in the morning and if you are a person like me who can't sleep at irregular hours, then it can become painful sitting for long time in the flight.
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
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
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DallasBlue
09-27 02:18 PM
http://www.ailf.org/lac/lac_pa_chrono.shtml
http://www.ailf.org/lac/mandamus-jurisdiction9-24-07%20PA.pdf
1. What are the general arguments that the government makes to dismiss a mandamus/APA case for lack of jurisdiction?
The government�s motions to dismiss for lack of jurisdiction are filed pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure (FRCP). The government generally makes some combination of the following four arguments, all of which center on alleged agency discretion with respect to adjudication of adjustment applications:
� That USCIS does not have a duty to adjudicate an adjustment application and therefore an essential element of the mandamus claim is missing;
� That the pace of adjudication of an adjustment application is discretionary and therefore not subject to mandamus relief;
� That adjudication of adjustment applications is committed to agency discretion by law and not subject to APA relief; and
� That 8 U.S.C. � 1252(a)(2)(B)(ii), which limits judicial review over certain discretionary issues in immigration cases, bars review of these mandamus and APA cases.
2. In responding to a motion to dismiss, can I argue that at least some of the issues raised by the government are not jurisdictional?
Yes. An initial response to a government motion to dismiss for lack of jurisdiction is to question whether, in fact, the government has raised a jurisdictional challenge. The Supreme Court has distinguished between jurisdiction � which is the court�s power to hear the case � and the sufficiency of a valid cause of action. See, e.g., Steel Co. v. Citizens for a Better Environment, 523 U.S. 83, 89 (1988); see also Ahmed v. DHS, 328 F.3d 383, 386-87 (7th Cir. 2003) (distinguishing between the court�s power to adjudicate the case, which is jurisdictional, and the court�s power to grant relief, which is not jurisdictional).
The failure to state a valid cause of action calls for a judgment on the merits and not for dismissal for want of jurisdiction. Bell v. Hood, 327 U.S. 678, 682 (1946). The Supreme Court has made clear that:
�jurisdiction � is not defeated � by the possibility that the averments might fail to state a cause of action on which petitioners could actually recover.� Rather, the district court has jurisdiction if �the right of the petitioners to recover under their complaint will be sustained if the [ ] laws of the United States are given one construction and will be defeated if they are given another ��
Steel Co. v. Citizens for a Better Environment, 523 U.S. at 89 (quoting Bell, 327 U.S. at 682, 685). Thus, one court has held that in resolving whether mandamus jurisdiction is present in an immigration case, the allegations of the complaint are taken as true (unless patently frivolous) to avoid �tackling the merits under the ruse of assessing jurisdiction.� Ahmed, 328 F.3d at 386-387.
Applying these principles, the Seventh Circuit held in Ahmed that the question of whether a statute imposed a �duty� on the government for purposes of mandamus relief was not a jurisdictional question. As the court explained:
[T]he district court has jurisdiction under � 1361 [the mandamus statute] to determine whether the prerequisites for mandamus relief have been satisfied: does the plaintiff have a clear right to the relief sought; does the defendant have a duty to perform the act in question; and is there no other adequate remedy available. � A conclusion that any one of those prerequisites is missing should lead the district court to deny the petition, not [for lack of jurisdiction], but because the plaintiff has not demonstrated an entitlement to this form of extraordinary relief.
Ahmed, 328 F.3d at 386-87.
Thus, where the government claims that jurisdiction is lacking because a prerequisite to mandamus is missing, the plaintiff can respond by arguing that this is not a jurisdictional question and cannot lead to dismissal under Rule 12(b)(1). Most likely, you also will want to address the substance of the challenge, also, as an alternative way to dispute the government�s motion. See, e.g., � 3, below.
http://www.ailf.org/lac/mandamus-jurisdiction9-24-07%20PA.pdf
1. What are the general arguments that the government makes to dismiss a mandamus/APA case for lack of jurisdiction?
The government�s motions to dismiss for lack of jurisdiction are filed pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure (FRCP). The government generally makes some combination of the following four arguments, all of which center on alleged agency discretion with respect to adjudication of adjustment applications:
� That USCIS does not have a duty to adjudicate an adjustment application and therefore an essential element of the mandamus claim is missing;
� That the pace of adjudication of an adjustment application is discretionary and therefore not subject to mandamus relief;
� That adjudication of adjustment applications is committed to agency discretion by law and not subject to APA relief; and
� That 8 U.S.C. � 1252(a)(2)(B)(ii), which limits judicial review over certain discretionary issues in immigration cases, bars review of these mandamus and APA cases.
2. In responding to a motion to dismiss, can I argue that at least some of the issues raised by the government are not jurisdictional?
Yes. An initial response to a government motion to dismiss for lack of jurisdiction is to question whether, in fact, the government has raised a jurisdictional challenge. The Supreme Court has distinguished between jurisdiction � which is the court�s power to hear the case � and the sufficiency of a valid cause of action. See, e.g., Steel Co. v. Citizens for a Better Environment, 523 U.S. 83, 89 (1988); see also Ahmed v. DHS, 328 F.3d 383, 386-87 (7th Cir. 2003) (distinguishing between the court�s power to adjudicate the case, which is jurisdictional, and the court�s power to grant relief, which is not jurisdictional).
The failure to state a valid cause of action calls for a judgment on the merits and not for dismissal for want of jurisdiction. Bell v. Hood, 327 U.S. 678, 682 (1946). The Supreme Court has made clear that:
�jurisdiction � is not defeated � by the possibility that the averments might fail to state a cause of action on which petitioners could actually recover.� Rather, the district court has jurisdiction if �the right of the petitioners to recover under their complaint will be sustained if the [ ] laws of the United States are given one construction and will be defeated if they are given another ��
Steel Co. v. Citizens for a Better Environment, 523 U.S. at 89 (quoting Bell, 327 U.S. at 682, 685). Thus, one court has held that in resolving whether mandamus jurisdiction is present in an immigration case, the allegations of the complaint are taken as true (unless patently frivolous) to avoid �tackling the merits under the ruse of assessing jurisdiction.� Ahmed, 328 F.3d at 386-387.
Applying these principles, the Seventh Circuit held in Ahmed that the question of whether a statute imposed a �duty� on the government for purposes of mandamus relief was not a jurisdictional question. As the court explained:
[T]he district court has jurisdiction under � 1361 [the mandamus statute] to determine whether the prerequisites for mandamus relief have been satisfied: does the plaintiff have a clear right to the relief sought; does the defendant have a duty to perform the act in question; and is there no other adequate remedy available. � A conclusion that any one of those prerequisites is missing should lead the district court to deny the petition, not [for lack of jurisdiction], but because the plaintiff has not demonstrated an entitlement to this form of extraordinary relief.
Ahmed, 328 F.3d at 386-87.
Thus, where the government claims that jurisdiction is lacking because a prerequisite to mandamus is missing, the plaintiff can respond by arguing that this is not a jurisdictional question and cannot lead to dismissal under Rule 12(b)(1). Most likely, you also will want to address the substance of the challenge, also, as an alternative way to dispute the government�s motion. See, e.g., � 3, below.
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cbpds
04-06 04:42 PM
Dont worry boehner and obama will pass a short term budget once again......its all political posturing most of the time
Unfortunately the Timing of IV Advocacy day, and also May 2011 VB schedule at a wrong date. If the Govt Shutdown due to the budget deadlock, I'm not sure how both of these days will play out. Any Idea guys. :confused:
Unfortunately the Timing of IV Advocacy day, and also May 2011 VB schedule at a wrong date. If the Govt Shutdown due to the budget deadlock, I'm not sure how both of these days will play out. Any Idea guys. :confused:
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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!
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rajenk
01-08 12:53 PM
I will be handwriting the letter tonight and will be sent in a day or two.
Also had asked 3 of my colleagues to write a letter.
Way to go IV. I am already seeing this as a successful action.
Also had asked 3 of my colleagues to write a letter.
Way to go IV. I am already seeing this as a successful action.
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Saralayar
01-09 01:43 PM
Core IV can consolidate the valueable points like this for the argument.
There is a rumor that Obama is considering Citizenship for people who have paid Income Tax for a certain period. Core is it possible to dig more on this and find if it is just a rumor?
There is a rumor that Obama is considering Citizenship for people who have paid Income Tax for a certain period. Core is it possible to dig more on this and find if it is just a rumor?
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wc_user
10-04 07:49 PM
Will it be helpful to have an InfoPass appointment ? has anybody tried that..
My case was filed on JUly 2nd, I-140 approved at TSC, No RN, No CC, nothing.. frustrating.. everybody else in the world is getting the receipt notice and FP..
My case was filed on JUly 2nd, I-140 approved at TSC, No RN, No CC, nothing.. frustrating.. everybody else in the world is getting the receipt notice and FP..
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gvenkat
09-23 08:31 PM
What stops USCIS is the per country cap. They can only issue so many visas to EB-3 I.
What is the per country cap for India?
What is the per country cap for India?
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Canadian_Dream
11-25 05:49 PM
As a hypothetical example (because vehicle prices always depreciate, so please ignore the reality), let's say you bought that Gas guzzling SUV at 50k and now suddenly after 2 years, due to whatever reason, you go and try to sell the same SUV to the same dealer and he quotes you 5k. Wouldn't you fault that dealer for selling you the same thing at 50k when the actual value of the same asset 2 year back was 5k (but he sold you at 50k and you have only paid back 10k in monthly installments until now). Who is to blame for that 35k deficit? You? Forget the monthly payments here and concentrate on the actual asset value.
You forgot that dealer is also making 5K for the SUV that he bought from manufacturer for $50,000. In the end everyone lost 35K. So dealer will loose multiples 35K based on how many SUV he has in his inventory. You might suggest he should go to the manufacturer ?
What you are saying is unprecedented, it has never happened I don't know why are you so convince that it someone else's fault. You are living with a very simplistic and naive idea about the world and you are convinced that's the way of life. Not only that, you are trying to convince others of that. From what I know and seen what you suggest doesn't work and refusal to accept a problem only deepens it.
Peace :)
You forgot that dealer is also making 5K for the SUV that he bought from manufacturer for $50,000. In the end everyone lost 35K. So dealer will loose multiples 35K based on how many SUV he has in his inventory. You might suggest he should go to the manufacturer ?
What you are saying is unprecedented, it has never happened I don't know why are you so convince that it someone else's fault. You are living with a very simplistic and naive idea about the world and you are convinced that's the way of life. Not only that, you are trying to convince others of that. From what I know and seen what you suggest doesn't work and refusal to accept a problem only deepens it.
Peace :)
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hoolahoous
08-17 12:54 PM
I got email for decision/post decision about a week back but no CPO email yet.
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ski_dude12
09-28 12:26 PM
We have plans of visiting Canada in November. My card had a data entry error because of which I have to apply for a replacement card. It can take 3 months for that.
As I have no other proof of permanent residency (as I have to return the card with error), alternative is to get the I-551 stamp on the passport that is valid for 1 year. It works as a short term replacement of the acutal card.
What is this I-551 stamp ? Is stamping that mandatory ? What kind of documents do you need while you go for this stamping ?
If one does not plan on travelling until we receive the physical Green Card - would we still have to do this stamping ?
As I have no other proof of permanent residency (as I have to return the card with error), alternative is to get the I-551 stamp on the passport that is valid for 1 year. It works as a short term replacement of the acutal card.
What is this I-551 stamp ? Is stamping that mandatory ? What kind of documents do you need while you go for this stamping ?
If one does not plan on travelling until we receive the physical Green Card - would we still have to do this stamping ?
saileshdude
08-13 10:56 AM
Should not be an issue. I spoke recently to one of the attorneys and they mentioned that H-1B transfer should not be an issue. As long as you have a job offer in similar classification it should be fine. Regarding the AC21 they suggested that if dates are current then a good approach is to wait for filing AC21 and see if you get the GC. If you don't and dates retrogress then file it later. But filing immediately also wouldn't hurt.
My I-485 case is current right now. If I change my employer(whoever sponsored Green Card) to a new employer, what are the concequences? I want to do H1B transfer because I am not using EAD right now, should I file AC21 or not?
Priority Date: Dec/15/2005
Service Center: NSC
My I-485 case is current right now. If I change my employer(whoever sponsored Green Card) to a new employer, what are the concequences? I want to do H1B transfer because I am not using EAD right now, should I file AC21 or not?
Priority Date: Dec/15/2005
Service Center: NSC
hibworker
09-23 08:25 PM
What stops USCIS is the per country cap. They can only issue so many visas to EB-3 I.
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