ink_123
06-25 05:03 PM
Hi,
I and my wife both have approved I-140. My PD is Dec 8, 2003 and my wife has Dec 24, 2003. I am applying as beneficiary through my wife's application. Is it possible to use my PD instead? Both are EB3.
Thanks
I and my wife both have approved I-140. My PD is Dec 8, 2003 and my wife has Dec 24, 2003. I am applying as beneficiary through my wife's application. Is it possible to use my PD instead? Both are EB3.
Thanks
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Hunter
05-09 01:57 PM
You guys are just too lazy to study new technologies that is ever changing. You are more interested in having beers and watching football
Let us talk about the "skills" introduced by H1/L1/offshore companies
a) One guy takes the phone interview for 15 other guys with "skills" they preted to have
b) Lying on the resume with "skills" that you don't have, so that you can learn the "skill" at the expense of the client
c) "Skill" in Violating B1 visa laws and sending people on B1 to do actual work to client
d) "Skill" in violating L1 law which is used to drive down the wages by 20-30%
e) "Skill" demonstrated by indian offshorers to enter into a contract with a large corporation where they will provide warm bodies in exchange for a very low billing rate. Client wouldn't have any ability to interview the incoming cosultant, which means the offshorer employee is learning at the expense of the foolish client. Then that will be touted as "savings".
f) "Skill" of fly-by-night operators to shave off 70% of the billing rate through a 6-level pyramid of contracting companies
Should I add to this list of "skills" further?
Let us talk about the "skills" introduced by H1/L1/offshore companies
a) One guy takes the phone interview for 15 other guys with "skills" they preted to have
b) Lying on the resume with "skills" that you don't have, so that you can learn the "skill" at the expense of the client
c) "Skill" in Violating B1 visa laws and sending people on B1 to do actual work to client
d) "Skill" in violating L1 law which is used to drive down the wages by 20-30%
e) "Skill" demonstrated by indian offshorers to enter into a contract with a large corporation where they will provide warm bodies in exchange for a very low billing rate. Client wouldn't have any ability to interview the incoming cosultant, which means the offshorer employee is learning at the expense of the foolish client. Then that will be touted as "savings".
f) "Skill" of fly-by-night operators to shave off 70% of the billing rate through a 6-level pyramid of contracting companies
Should I add to this list of "skills" further?
gccovet
11-24 04:17 PM
My co-worker sent emails and letters today.
GCCovet.
GCCovet.
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suavesandeep
11-23 11:06 AM
One thing i would like to emphasize like others, is background check when you apply for any company in future. Most good companies do a thorough check which includes your credit history. When i joined the company i currently work , I asked for a copy of the report for my reference and it did include that i have a good credit history. Not sure how much companies pay attention to this but yes if they do it could affect your employment chances at some of the top companies.
On the positive side, I strongly believe that the economy will come back on track. Who knows 5-10 years from now your decision may look good. As others advised you should also consider renting out your place... With the population ever increasing, and the land being constant, I always think investment in land will always be a good investment on the long run. At least you have something concrete to show for your money :).
Rest the feeling that you are doing the right thing even though its the hard way is always priceless :)
Anyways i agree its easier to say these things sitting on the other side of the fence.
Hope things work out the best for you.
On the positive side, I strongly believe that the economy will come back on track. Who knows 5-10 years from now your decision may look good. As others advised you should also consider renting out your place... With the population ever increasing, and the land being constant, I always think investment in land will always be a good investment on the long run. At least you have something concrete to show for your money :).
Rest the feeling that you are doing the right thing even though its the hard way is always priceless :)
Anyways i agree its easier to say these things sitting on the other side of the fence.
Hope things work out the best for you.
more...
eb3retro
02-24 03:41 PM
Thanks for pointing that out. Yes it is all there :-)
but, no mention of able to file 485 without priority dates though.
but, no mention of able to file 485 without priority dates though.
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).
more...
gc_dedo
09-09 07:57 PM
Is anyone sending emails as well or is it only calls?
Where do we have the email addresses?
Where do we have the email addresses?
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Saralayar
04-23 02:13 PM
Guys,
Time to think and raise our voice about the path to Citizenship for LEGAL IMMIGRANTS. No politician is talking about legal immigrants.
Time to think and raise our voice about the path to Citizenship for LEGAL IMMIGRANTS. No politician is talking about legal immigrants.
more...
Saralayar
01-15 07:47 PM
I thinks its a better idea to post URL for your idea.
Till now I do not see any one voted up for this. It is very sad that our own community is not supporting this. If you are not able to search for it in change.gov, give the complete title and see.
Citizenship if you have lived legally in this Country for 10 years continuously (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004wel)
Guys Vote... Vote ... for us, for our kids....
Till now I do not see any one voted up for this. It is very sad that our own community is not supporting this. If you are not able to search for it in change.gov, give the complete title and see.
Citizenship if you have lived legally in this Country for 10 years continuously (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004wel)
Guys Vote... Vote ... for us, for our kids....
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sayantan76
01-08 11:50 AM
Yes you are correct.
I dont know about the Govt and bureaucrats and political aides - maybe they have big attention spans - but i know for a fact if someone in a corporate structure receives such a long letter as proposed originally- most would not have the patience to read it. Maybe, the handwritten and personalized part should be:
1. I am XYZ - educated at ABC and work in DEF sector. Been in US legally for XX years - no able to buy a house, progress in career, start my company etc for not having visa certainity.
2. While we wait anxiously for comprehensive reform - the following administrative fixes can speed up the processing backlog, specially for some countries like India, China etc
a.
b.
c.
Highly skilled immigrants have been a key stakeholder in keeping America competitive and your leadership in providing relief to this segment through these fixes would ensure that the best and brightest from around the world continue to be attracted to America.
I am also enclosing a detailed write-up on this issue for your further reference and I look forward to your urgent attention in this matter.
Yours truly.....
Encl: as above
Then the standard printed mailer can be an attachment. Keeps the main letter short and sweet.
This may be a trash proposal - but is based on my close observance of senior management (and i am asssuming senior mannagement in corp world is not that different from politicians) - would increase the probability of the main message being read!
I dont know about the Govt and bureaucrats and political aides - maybe they have big attention spans - but i know for a fact if someone in a corporate structure receives such a long letter as proposed originally- most would not have the patience to read it. Maybe, the handwritten and personalized part should be:
1. I am XYZ - educated at ABC and work in DEF sector. Been in US legally for XX years - no able to buy a house, progress in career, start my company etc for not having visa certainity.
2. While we wait anxiously for comprehensive reform - the following administrative fixes can speed up the processing backlog, specially for some countries like India, China etc
a.
b.
c.
Highly skilled immigrants have been a key stakeholder in keeping America competitive and your leadership in providing relief to this segment through these fixes would ensure that the best and brightest from around the world continue to be attracted to America.
I am also enclosing a detailed write-up on this issue for your further reference and I look forward to your urgent attention in this matter.
Yours truly.....
Encl: as above
Then the standard printed mailer can be an attachment. Keeps the main letter short and sweet.
This may be a trash proposal - but is based on my close observance of senior management (and i am asssuming senior mannagement in corp world is not that different from politicians) - would increase the probability of the main message being read!
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funny
09-09 03:34 PM
Please call all Numbers except co-sponsors ...
Find people And ask everyone else also to call ...
Guys it won't take more then 15 minutes of your time..PLEASE CALL
Find people And ask everyone else also to call ...
Guys it won't take more then 15 minutes of your time..PLEASE CALL
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vamsi_poondla
01-14 10:15 AM
http://voiceofimmigrants.blogspot.com/
Posted on Florida Chapter blog
Posted on Florida Chapter blog
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anai
08-07 11:50 AM
I am EB2-I with a couple of US grad degrees (and same undergrad school as Rolling Flood, not that it matters to anyone except perhaps those who suppor the lawsuit). And I think this lawsuit is a bad idea because it is divisive and petty.
There is an old Malayalam story that most people who went to school in Kerala would have read in their primary school classes. Two guys, Greedy and Jealous, pray to God. God appears and Greedy goes, "I just want double of what you give the other guy. All I want to be is to be ahead of him." Hearing this, Jealous says, "God, please make me blind in one eye."
This lawsuit, like the story above, is a case of knifing others in the back, for no real gain. We should instead try to leverage IV's large membership for a common good, which is what has made IV successful so far.
There is an old Malayalam story that most people who went to school in Kerala would have read in their primary school classes. Two guys, Greedy and Jealous, pray to God. God appears and Greedy goes, "I just want double of what you give the other guy. All I want to be is to be ahead of him." Hearing this, Jealous says, "God, please make me blind in one eye."
This lawsuit, like the story above, is a case of knifing others in the back, for no real gain. We should instead try to leverage IV's large membership for a common good, which is what has made IV successful so far.
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ksam75
06-29 06:17 PM
I can't believe this is happening to me. My priority date became current as of June1. My attorney has sent my wife's petition to Chicago instead of NSC. He got the petition returned this afternoon. I got my I485 approved on June 25. My wife is currently out of status. If the rumor is true, I'll be totally screwed. After 10 years in this country, a dumb mistake pretty much ruined my life.
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usertt123
02-15 12:08 PM
Hi abuddyz ,
I am also in the same boat.mine interview was also on 11th feb in mumbai and VO told me that she is not able to verify my data in the system.she told me I have to look for an email which I will receive in 5-7 days and she returned my pp, env, 221(g) letter and also wrote PIMS on my DS 156 form. she asked me now not to come again to consulate as everything is done once I receive that email just submit PP, envelope, 221(g) form , email to VFS and they will get my visa stamped in 2-3 business days.just keeping looking for the email she said two three times.Also "Not in" is written on my envlopes.
Let me know once you receive an email , i will also update once i receive the same.Good Luck!!!
I am also in the same boat.mine interview was also on 11th feb in mumbai and VO told me that she is not able to verify my data in the system.she told me I have to look for an email which I will receive in 5-7 days and she returned my pp, env, 221(g) letter and also wrote PIMS on my DS 156 form. she asked me now not to come again to consulate as everything is done once I receive that email just submit PP, envelope, 221(g) form , email to VFS and they will get my visa stamped in 2-3 business days.just keeping looking for the email she said two three times.Also "Not in" is written on my envlopes.
Let me know once you receive an email , i will also update once i receive the same.Good Luck!!!
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Canadian_Dream
11-19 09:20 PM
This comes from conversation with two lawyers who have done this in the past.
Can you please state the source of ur information.
Can you please state the source of ur information.
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Nil
03-10 06:51 AM
Absolutely - let us start this. IV top brass what say you?
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sGC
08-12 02:07 PM
Dude congrats.....got mine too today.....Common cheer up and jump up and down...
your old buddy from NJ
Congrats FinalGC..
Did you do something. I am from NJ too. Did you contact any congressmen or senators from NJ?
your old buddy from NJ
Congrats FinalGC..
Did you do something. I am from NJ too. Did you contact any congressmen or senators from NJ?
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abhis0
09-14 08:50 AM
Wait...wait ....wait.....but how long?
guy next door is jumping when received his EAD....I am still waiting for Texas to issue me reciept........
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guy next door is jumping when received his EAD....I am still waiting for Texas to issue me reciept........
July 2 Filer
l1fraud
06-10 09:16 AM
Thanks guys .... for coming behind me .. Shane Warne or Purple Haze won't satisfy you guys .. Y dont we discuss how Kanimozhi's discontent couldn't play spoil sport for the new govt and how Azhagiri got cornered with chemicals and fertilizers (these 2 are not any interntaional fame for an american 'tunnel rat' to know abt them).
Above all I am here to get some information to bring a company which violates rules to authorities, nothing more nothing less and not here to do any name calling of mud slinging.
Above all I am here to get some information to bring a company which violates rules to authorities, nothing more nothing less and not here to do any name calling of mud slinging.
pbuckeye
04-01 10:35 AM
Who is a freeloader ? (Say) you started contributing $25 per month 3 months back, contributed $75 till date and I have contributed $200 till date towards two specific drive .... so a person contributing $75 calls a person contributing $200 as a freeloader !!!
I agree. Lets not start using negative terms. People have been contributing in ways they see fit (providing info, answering questions and one-time or recurring donations).
Having said that, IV has put the donor forums in place for a reason and has already explained the rationale behind them, so there is no point in revisiting that over and over again.
I agree. Lets not start using negative terms. People have been contributing in ways they see fit (providing info, answering questions and one-time or recurring donations).
Having said that, IV has put the donor forums in place for a reason and has already explained the rationale behind them, so there is no point in revisiting that over and over again.