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  • sweet23guyin
    10-29 01:02 PM
    Hope I won't be a victim when I intend to use AC21 !





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  • delhiguy79
    10-17 07:15 PM
    If you get different A#s then definitely there is a possibility of delays in the application.
    I am not sure what happens with namechecks. Need to research further. My guess is you will have double chances of getting stuck in namechecks! This assumption is based on the fact that multiple filers need to undergo fingerprinting and background checks multiple times and thus chances of getting stuck in namechecks must also increase for them.

    i heard from my lawyer that we shoud combine them...will talk to him again on Friday...lets see wat he suggests...

    does anybody know the process of combining or withdrawing one set....





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  • delhiguy79
    10-17 07:17 PM
    gc_chahiye is correct - this is precisely why my lawyer advised me not to go with 2nd set of 485 + if one gets rejected the other one automatically gets rejected (when both are combined)

    We decided to go for 485 that had older PD

    I know someone who applied for 2nd set and then withdrew the 2nd application as soon as he got Receipts (his application was in Neb and wife's was in Texas << this could lead to major delays as the files are now physically located in different centers)

    With all the confusion and movement of applications to different centers... things can only get complicated in my opinion. One can only hope for the best

    AS FAR AS I KNOW IN MY LAST CONVERSATION WITH RAJEEV KHANNA ... THAT EVEN IF U COMBINE TWO APPLICATIONS THEY ARE TREATED SEPARATELY AS BOTH ARE ON DIFFERENT 140s...COMBINING MEANS JUST TO INFORM USCIS THAT TWO 485s HAVE BEEN FILED FOR THE SAME PERSON.... ONE AS PRIMARY AND ONE AS DERIVATIVE....





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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.



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  • l1fraud
    06-10 12:09 AM
    I am also from India but the point I am discussing here is clearly a violation of law by Outsourcing vendors including IBM (not just Indian companies), TCS, Wipro etc. I work for a medium size consulting firm based in US and on H1 visa ...and I am impacted by these violations and I think I have the right to oppose this act.... to prove my identity shud I tell you my stories in Chennai consulate... or shud I tell u abt my days in b'lore or shud I tell you all abt my 24 years in India.. you can decide :-).

    BUT regarding the L1 violation we have decided and this time the vendor is exposed to the authorities and justice is done. We have the support of good client managers who understands visa regulations.





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  • sve0390
    07-09 06:58 PM
    I would donate blood if there was any left after my blood sucker employer sucked me dry!:D
    :D :D :D
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  • jungalee43
    09-09 03:51 PM
    As I am continuing calls I found that they are all aware of bill coming for vote tomorrow. They asked are you talking about visa bill?
    Generally the response from Dems is positive and from Rs it is sort of neutral.
    Rep. Coble's (NC) spokeman insisted that I was not from NC. When I mentioned that I lived in NC for many years mentioning the names of the towns, his reply was that those places were not from their district.

    I am continuing my calls.





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  • starscream
    04-24 04:45 PM
    I have not seen the language of the bill. Has anyone seen the exact language of the bill?

    Should this bill become law (in its present form without any changes ) will the new provisions apply to ANY H1B application (i.e new applications, Transfer due to change of employer , H1B extension application with current employer) or just to NEW H1B applications and not to H1B extensions filed by the currentemployer.

    There are hundreds of H1B applicants who do not have EAD but have approved PERM or approved PERM + approved I-140 and will be filing for extensions.

    The H1B resttrictions in the TARP law only apply to new H1B filings.



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  • caliguy
    10-05 05:47 PM
    @ fatjoe

    We should also check if we have a case to sue USCIS. Last year, they said they were going by receipt/notice date and not PDs. What are they going by this year? Hundreds of people with receipt/notice/PD later than mine have been approved. My PD is June 2004.

    Yes, lets send a letter collectively to Napolitino.

    Hi vikki76, bpositive, dipika, caliguy, leoindiano:
    If I am correct, your PDs are current, right? Do you guys know if your case was pre-adjudicated and/or assigned to an IO? I keep reading from the forums that some apps with PDs as late as Dec 2004 and a couple of Jan 2005 got approved. Wondering why the earlier (eg. mine is July 04) not approved yet. Could we all join togther and write a letter to Napolitino(Thanks to SoP for the idea) and ask her to take some action on our cases?





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  • Ramba
    08-07 12:56 PM
    US court already clearly given vertict to BS+5 years alone itsef qualify for EB2. It was a major ruling against INS.

    US educated (or holding master degree) is no way superior than holding BS+5 years experience if job requires more experience . Similarly BS+5 years is no way superior than MS, if job requires absolutly Masters degree (like research).. So dont compare each other, as each has its own merits. Education and experience cannot replace each other.

    However, One can send a petition to DOL/USCIS to deny the second LC/140 application if an employer files two LC/I-140 for a single person (same employer -same beneficiary) for a similar kind of job, just to help the employee to line jump from EB3 to EB2. This may work to stop abusing the system.

    Read this before you go further ..

    http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr03jy00-111



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  • i99
    10-15 10:10 AM
    Received at NSC by R Williams on July 2nd. I could not get the check scans from the bank yet. Both my husband's and mine. Good luck to all.

    :)





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  • leoindiano
    08-07 06:15 AM
    SunnySurya, Flood,

    I see that you guys didnt join IV until 2008. So, you know very less about this org. The people who only can think for their own wont come to join you at any stage, it was proven many times. They will just keep writing messages here and use valuable information on the forum.

    I am EB2/Masters/PD Nov 2004. I do not not support your idea. I loose patience at times, but not to the extent of effecting other peoples chances. I know quite a few of my freinds who had masters, their corporate employers applied in EB3, none of them are trying to do conversion. But, i feel their pain.



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  • sanjayb
    09-27 03:39 PM
    CADude and others... maybe your efforts are paying off. What I learned in this process is that have faith in your application filing. If everything is fine you'll definitely get the receipts. It may be either next week or in 2 weeks.

    Couple of things...

    1) Calling USCIS is useless...
    2) Look for checks for cashed....
    3) Keep in touch with our pending group. I gives you support and motivation.

    santosh19-2nd july/10:25/FedEx/J.Barret/NSC/140-TSC/No CC/No RN
    sanjayb - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN 140 LUD - 08/05 -- CHECKS CASHED -- 09/25 --- CASE IN TSC
    Ashres11 - 2nd July/ 10:28/ Fedex/ J.Barrret/ NSC/ NO CC/ NO RN
    Sairam - 2nd July/10:28/FedEx/J.Barret/NSC/140 - TSC/No RN - 07/28
    InsKrish - 2nd July/10.25/J.Barret/NSC/I-140 approved from TSC/No CC/RN
    sudhi - 2nd July/ 10:25/ Fedex/ J.Barrret/ NSC/ NO CC/ NO RN - CHECKS CASHED 09/13 -- Received receipts too.
    Danu2007 - 2nd July/10:25AM/J. Barret/NSC/140-TSC/NO RN
    Triviagal - 2nd July/ 10:25AM/ J. Barret/NSC/140-TSC/NO RN
    rkartik78- 2nd july/10:25am/ J.Barret/ I140-TSC/ NO RN NO CC
    GCFISH- 2nd july/10:25am/ J.Barret/ I140-TSC/ 485 went to NE/NO RN NOCC
    rexjamla- 2ndJuly/10:25am/J.Barret/ I-140-NSC/ NO RN NO CC
    kmkanth- 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN
    BU007- 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN
    veerufs - 2nd july/10:28am/J. BARRET/I140-TSC/NO RN/NO CC
    123456mg - 2nd july/10:25am at NSC/J BARRET/I140-Approved from TSC/NO RN/NO CC
    aussie731- 2ndJuly/10:25am/J.Barret/ I-140-NSC/ NO RN NO CC
    nkavjs - 2nd July/ 10:25am/ Fedex/ J.Barrret/ NSC/ I-140 TSC lud on I-140 8-5-07/ NO CC/ NO RN
    jsb - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN 140 LUD - 07/27
    gc_us - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN 140 LUD - 07/28
    srinitls - 2nd July/10:25/FedEx/J.Barret/NSC/NO RN NO CC
    realraghu - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN
    vg1778 - nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN





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  • everonh1
    09-09 04:39 PM
    Called up all California Congressmen and requested their support.
    Got a patient ear on the other side from all whom I called-hope they really convey the message to the Congressman/congresswoman and hope they are flooded with calls to support the bill.
    Will try and call others as well today.



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  • leoindiano
    10-22 10:07 PM
    my case assigned to IO on sept 17th. still waiting.

    Got biometric code 3 notices on 23rd. got it done on 29th. RD august 3rd. ND Oct 11th.

    Senator, infopass, lawyer follow up got the file assigned to IO.

    You can lead a horse to water, but you can't make him drink





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  • bigboy007
    09-25 07:22 PM
    how to send an email to Lofgren her website only talks about CA certain areas. Any idea please guys do u have her direct email id , i am sending email , fax along with my area congressmen. Trying something to think out of blue.



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  • subba
    07-10 10:32 PM
    If someone at the medical center found out what really happenned and why they are getting these flowers, and they complain that they do not want these flowers because of USCIS' stupidity.





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  • sledge_hammer
    07-11 10:27 AM
    This is not a bad idea.

    If everyone think this is a good idea, then we need to do this with a little more planning than the flower campaign.

    We can route the pizzas to hospitals and orphanages, shelter for the homeless etc also.

    Core group, please chew on this idea!

    I AM ORDERING PIZZA and gourmet food from local restuarants every week to be delivered to Emilio Gonzalez
    The delivery will be on the 15th July.
    Anybody want to join





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  • anura
    04-03 07:49 AM
    Thanks.
    Can somebody please give us the link of the document that shows how many applied , yearwise.

    Getting any sort of data out of any of the immigration agencies is often frustrating. Especially something like how many eb2 I-140 did they accept, approve, deny... However, they do randomly throw number out and we can scavenge through them for `clues'. Here is one such link.
    USCIS: National Processing Volumes and Trends (http://dashboard.uscis.gov/index.cfm?formtype=7&office=5&charttype=1)





    Edison99
    09-24 11:40 AM
    Thanks BharatPremi for your great analysis and honored to give one green today! :)





    hopefulgc
    07-09 06:58 PM
    People,
    whatever people may say, flower campaign is a success.
    Its tells us one thing.. if we all unite, they cannot ignore us.
    At least, we know they are listening. Keep the pressure going.

    "There is a Gandhi in each of us"



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