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  • PlainSpeak
    03-29 05:29 PM
    Thanks to IV for getting this done

    Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha
    :D:D:D:D:D:D:D:D:D:D:D:D:D:D:D





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  • sam_hoosier
    08-07 02:49 PM
    Most GC approved this month so far has gone to people with PD 2006.

    Where did you get that from ? :confused:





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  • vandanaverdia
    01-08 02:35 PM
    I have forwarded the template to friends & colleagues & also posted on some forums that I am a part of....





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  • WaitingForMyGC
    01-11 08:34 AM
    I am on a h1b currently. I changed empoyers in the US but the old stamp is still valid till semptember 2008. I has taken a visa date for jan30 in mumbai consulate and was going to fly back on feb9. Now planning to cancel the visa stamping because of the PIMS delays. I hope i am still valid to fly as i have a valid visa stamp and a new petition from current employer too which i can show at port of entry. Do let me know your views on the same and if there are any probable issues....


    You should be fine. You don't need to go for stamping if you are travelling before ur visa expiry.



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  • gtg506p
    01-09 08:46 AM
    gtg-Georgia Tech alumni?

    Yup. PhD ME Class of 06.





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  • cableching
    09-23 11:28 PM
    If EB2 row perm hits 10000 apps thats it pd wont move a bit. That will happen as soon as hiring starts again. This will happen any time, if this not happen until sep 2010, then EB2 has a chance. There are about 15000 (approx) EB2 Row apps siiting ducks in Perm centers, if ROW PErm eb2 approvals start flowing then we are just stuck. It all depends on EB2 Row Now. That is the one we need to watch closely.

    Even if the economy improves, it will take some time to plan the recruitment, then hiring people and then they will take sometime to start the PERM process and then filing it and getting the approval. FOr all these things to happen, it will be a minimum of one year ad even it may cross two years. Don't bother too much about this.

    I prefer the economy to improve over getting GC, if economy is good we will not have to worry about getting a Job if laid off and also, if we have EAD we can change jobs easily and many of the problems without the GC are not that siginificant then.



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  • logiclife
    07-09 06:43 PM
    Will you guys stop this madness atleast now?. If US started bending rules for people who send flowers, then everyone will try to manipulate the system. There is a lot of difference between the circumstances of originla gandhigiri and now. :rolleyes: That was our country back then, for crying out loud.We are in a foriegn country and the issuance of visa a previlege not a right.Why cant you guys understand this simple fact?. Now stop making fools of yourself and get a life.

    That USCIS director gave a good answer. Is your pain more than those citizens of this country who gave their limbs and life for US?. :eek:

    BTW, i am one of the guys who couldn't file I-485 because of this fiasco. But i understand the reality.:)

    Kindly realize that we know full well that flowers dont change laws and regulations. If that were case, Microsoft would have drowned DC with roses to get H1 quota increase.

    We are not stupid. But the flower campaign does have a purpose bigger than 485 filing. Its called media attention. Now kindly stop complaining, trust IV leadership that has run this org successfully for past 18 months, and please help us by doing your part.





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  • pamposh
    06-27 08:59 PM
    I got few questions.
    Do we send the 485 forms for dependents and petitioner in the same envelope or different?
    Do we send one check for applicable fees for both?
    what should be answer to question for dependent and petitioner? PART 2: applicant information I am applying for an adjustment to permanent resident status because:



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  • anotherone
    01-30 10:58 AM
    now ford, gm, capitalone and I'll post mine when i hear about the explanation from legal.

    i dont know if u can sue without much written proof, or if they refused to interview you. but if you do have an interview etc., and some written proof, we may have something

    a class action lawsuit ? if a lawsuit is expensive i am sure there are some lawyers who take on cases either probono or we all pool in our money and do something...





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  • whitecollarslave
    01-11 03:53 PM
    Can somebody comment on the following two things? This has been asked twice before on this thread (once by me and again by somebody else) but has gone unanswered.

    1. How many unused visa numbers can be re-captured? Out of those re-captured, how many can be applied to EB categories? I know this is difficult to estimate this but if we believe that recapturing unused visas would help the retrogression issue, we ought to have some idea (in hundreds? thousands? more?) as to how many visa numbers can be re-captured and used towards EB categories.

    2. Does the President have the authority to implement an administrative relief in this matter, particularly to recapture the unused immigrant visas? Elsewhere I have read that only congress has the authority to do this.

    Please provide links/references or analysis to back up the claims.
    Thanks!

    Disclaimer: This is not to discourage anybody, rather just a healthy skepticism.



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  • punjabi
    11-20 01:49 PM
    did you emailed to ombudsman also? any replies from him?

    Didn't receive response from anyone else.





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  • Leo07
    09-10 10:07 AM
    ^^^^^^^^^^^^bump^^^^^^^



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  • acecupid
    06-12 05:51 PM
    Hi,

    I am currently working in Skilled visa through one of MNC company.I am working for this company for last 4 years and prior to this company i worked in another small company for two years.When I join my current company i provided all the legal document like exp,last two month pay stub and releiving letter and they did BG . They did not find anything wrong with prior employer in last 4 year. recently they found something wrong about my prior employer and asking me providing additional document and unfortunately company is closed or rename. I have told my current employer that i don't have any more evidance of my prior employer.Because of this reason they are asking me to come back india.

    Is there any way that i can take legal action against this company in US because from last one week
    they are harrassing my like anything.

    Please let me know if anyone come across in this situation.

    They are just giving you BS. They are trying to use a fake reason to send you back to India. They might be using this fake reason (BG check) to avoid any legal hassles. Keep track of how they are harassing you, keep a copy of all emails and documents used in correspondence in this matter and complain to DOL.





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  • illiguy2000
    07-14 05:55 PM
    The Rep Tom Tancredo a vociferous anti-immigrant both legal and illegal. The very fact that Lou Dobbs allowed his show as a mouthpiece to propagate incorrect information "about H1-Bs being illegal" is worthy of a lawsuit.

    How about a petition to the CEO of Time Warner asking Lou to apologize ?
    I was Just watching CNN and was reporting a part of Lou Dobbs episode,
    Tom Tancredo saying people overstay on H-1B after its "5 year" Expiration.
    I think he do not even have a clue about H-1 B programme.



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  • JazzByTheBay
    09-11 12:28 AM
    Got an InfoPass scheduled, and created a SR. This is taking way too long, and now April + May approvals are rolling in...

    jazz

    Thank you very much for your update. Went to the Infopass today and as per the IO came to know that my case is in adjudication review and will get the interview. I don't know how much ombudsman will be helpful, but will try all options. My labour was approved in 2 months and I-140 in 18 days but it seems I485 is sturck for ever :mad:





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  • gc_buddy
    10-28 08:14 PM
    Dear Members,

    This issue will hit everyone sooner or later especially in rough economic times that we currently have. Even if you do not plan to use AC21, due to current economic down turn..One might be forced to use AC21..

    Let us start this campaign. Please DO send letters. As we also have IV support now, let us get a resolution for this issue with the help of IV leader ship..

    This will help people who are already affected due to these denials and aviod denials for other people going forward.. Printing and mailing the letter will take only 10-15 mins of your time..This campaign will be a sucess only with support from every one.

    Let us send the letters to USCIS...



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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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  • Canadianindian
    07-09 09:00 PM
    Hello all
    I am a silent visitor of this website.
    Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
    Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??

    Please try to understand their problem.
    Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????

    My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???

    Isn't it a shame on us to go for Rally to get GC?????:D

    Just think that you will get it when time comes, otherwise pack up.

    Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.

    EB2 India
    PD-2005-May
    I140 approved-Sept 2006

    Smita, you are propogating an incorrect and baseless thought. First, should we not stand up for what is legally ours; be it GC or any other right. There is no shame is demanding what you deserve. Would you not retaliate if a wrong was done to you or your family. The days of British Raj are gone, dear. Grow up and stand for your right, and don't be ashamed.

    Second, all the efforts from this community are making much much noice- as in getting media attention. Even if we don't see immediate benefits, others would. So, think for others and long term

    Third, don't be a pessimist. you don't get arrested for peaceful rallies. There is still law and order in US. And, please do not discourge us.

    Last, please join the folks in rallies and other efforts.





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  • desi3933
    06-18 01:05 PM
    .....It's a pretty nuanced position. I hope I have been able to explain it properly.

    Thanks for putting your point of view. No more discussion from my side.

    Good Luck for your green card.

    .





    vikramy
    09-20 01:34 PM
    I have a doubt, Did any one who sent flowers have got their Reciept No's. It's not a reasonable cause, but Just checking. You never know.





    vinayak2008
    12-30 12:08 PM
    My visa was approved on dec 18th.Not received passports as of Dec 31st.



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