Thursday, June 30, 2011

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  • Ramba
    08-21 05:25 PM
    . The ambiguity of the law for the preference of vertical vs. horizontal spill-over allowed them to do that.


    There is no ambiguity in law. The law is clear. One law (and one rule) should yield one interpretation. If someone interperting the languge of law differently; then that is their mistake. Thats what DOS was doing in between 2001 and 2006. This could be possible for them because no one was going after DOS. Now somehow they realized (or some affected applicants notified DOS). If the old practice is a result of correct interpretation of law, why they should change now? This is very high sensitive area; DOS might have not changed their practice without risk analysis. They should not care about how much retrogression in India; They should only care about implementing the law correctly, as becuase they are executive branch of government not legislative branch to worry about retrogression.





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  • addsf345
    09-28 12:46 PM
    Taxes are inevitable!
    I personally haven't seen any issues with Call quality. Infact Call quality is excellent.

    I agree about taxes. This is general understanding. However with my teleblend (formerly sunrocket) the taxes were only around $2 at the same address where I stay now. With vonage its $6.32 -- I have no idea why vonage taxes are almost 3 times to teleblend for almost equal price plans at the same address?





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  • singhv_1980
    01-22 11:34 AM
    worst case? yes.. it's mine..

    My H1 revalidation appointment was on the 12-Dec. Visa was approved immediatly but haven't received the passport yet. I receive the same response when I call.. that its under PIMS verification. No ETA of when I can expect it to be done..

    I had a H1 transfer to a new employer and 3 year extension happen at the same time. I am not sure what the problem is and what I can do. I am totally stressed out and really depressed ..

    If someone has done something thats helped their case move along.. please PM me or reply to this post.. Thanks !

    Dont be depressed buddy! I know its an aweful long time but hopefully soon things will turn good for you. You mentioned that it was a renewal case. When was your H1B issued initially?





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  • amaruns
    07-09 06:53 PM
    Sending flowers was a way to register our protest. That I believe is being accomplished. USCIS forwarding them to injured service men is OK with me.



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  • Raju
    01-27 04:19 PM
    Thanks a lot. I am glad we all gathered here. I am confident we will win.

    Please click the following link

    http://www.migrationpolicy.org/ITFIAF/news_012506.php

    Dr. Martin recommends that:
    1.Policies must be flexible enough to respond to changing market conditions;
    2.Visa categories, which have become so complicated they often require professional assistance to navigate, should be simplified;
    3.The government apparatus for managing applications should be better funded and more efficient;
    4.Requirements for workers and employers should be reasonable and consistent with the way the labor market functions (so for jobs that are not temporary, workers should be given an option to transition to permanent status);
    5.Workers should have mobility among jobs and employers; and
    6.Employment of unauthorized migrants must be curtailed.





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  • Woody Harrelson and Emma Stone



  • chanduv23
    10-29 07:26 AM
    Please refer the url, one of the iv member has stated his friends denial case.
    http://immigrationvoice.org/forum/showthread.php?t=21716&page=21

    The authenticity of that case is not clear. Someone claims his friend had issues and we do not have any details.

    I used AC21 few months back and went through the NOID ordeal.

    Our volunteers working on this effort are in the process of identifying authentic AC21 cases that got denials though they did everything to the law and are in process of filing MTR.

    If anyone got a denial and wants to help us in this - please send a PM to IV volunteer pd_recapturing



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  • pappu
    09-10 08:51 AM
    all, the list of co-sponsors is now up to 28 (plus main sponsor - Rep Lofgren).

    the chances are improving but as some great person has said - It aint over until it's over...

    http://www.govtrack.us/congress/bill.xpd?bill=h110-5882

    HR 5882
    Sponsor:
    Rep. Zoe Lofgren [D-CA]hide cosponsors

    Cosponsors [as of 2008-09-09]

    Rep. Neil Abercrombie [D-HI]
    Rep. Michael Capuano [D-MA]
    Rep. John Carter [R-TX]
    Rep. Henry Cuellar [D-TX]
    Rep. Artur Davis [D-AL]
    Rep. Thomas Davis [R-VA]
    Rep. Lloyd Doggett [D-TX]
    Rep. Anna Eshoo [D-CA]
    Rep. Gabrielle Giffords [D-AZ]
    Rep. Wayne Gilchrest [R-MD]
    Rep. Raul Grijalva [D-AZ]
    Rep. Michael Honda [D-CA]
    Rep. Sheila Jackson-Lee [D-TX]
    Rep. Doris Matsui [D-CA]
    Rep. Michael McCaul [R-TX]
    Rep. James Moran [D-VA]
    Rep. Sue Myrick [R-NC]
    Rep. Jerrold Nadler [D-NY]
    Rep. Grace Napolitano [D-CA]
    Rep. Edward Pastor [D-AZ]
    Rep. Lucille Roybal-Allard [D-CA]
    Rep. Linda S�nchez [D-CA]
    Rep. Loretta Sanchez [D-CA]
    Rep. James Sensenbrenner [R-WI]
    Rep. Peter Sessions [R-TX]
    Rep. John Shadegg [R-AZ]
    Rep. Jackie Speier [D-CA]
    Rep. Melvin Watt [D-NC]

    We should all feel proud that many co-sponsors are a result of efforts of IV and its members.When members ask proof of success, this is one of them.





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  • psaxena
    06-18 12:42 PM
    Guys, this discussion is not going anywhere..

    I would request stop replying on this thread and let it archive. If someone has to report the fraud he would have done it long time back.. this thread is just to provoke others and thats it.

    I am not in support of any fraud but also not in support of provoking anyone for no reason.
    There is a well documented process in each organization and in government on how to report the violation. If someone has any issue please follow the guidelines and do the needful.


    Read between the lines and you have just confirmed my translation.

    Have a good day!



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  • Are You Ready For Emma Stone



  • gc_dream07
    10-01 02:55 PM
    I think if you have I-551 stamped on your passport then you do not need any other document. i-551 is as good as physical green-card. You can carry the approval notice with you. This is my opinion, do no quote on me.

    Our cases were approved on Sep 21, 2010. Received approval notices on Sep 25, 2010. But did not get the Cards yet. I am planing to travel next week. So I went to local USCIS office and got the I-551 stamp on my passport. Can you guys suggest me what other documents I need to take along with me if I don't receive the cards by the time I leave. Also pls let me how long will it takes to receive the cards.

    Thank you,
    Srini





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  • EB2DEC152005
    08-12 05:24 PM
    I have sent an email to CISOmbudsman.Publicaffairs@dhs.gov and they responded with the following email content.



    Dear Sir/Madam:



    Thank you for contacting the Citizenship and Immigration Services Ombudsman (CISOMB) in the U.S. Department of Homeland Security (DHS).

    In order to review your case you must complete and sign the Form DHS 7001. The form can be found on our website at DHS | Citizenship and Immigration Services Ombudsman (http://www.dhs.gov/cisombudsman).

    We are attaching the form for your convenience. You may submit your form via-email as an attachment. In addition, please send a copy of I-140 approval notice. If you have an attorney please complete and sign Form G-28 as well.



    We appreciate your email and look forward to reviewing your case.



    Sincerely,

    Office of the CIS Ombudsman

    so I need to send DHS-7001 form and I-140 approval notice.

    I have one more question too, Should I send G-28 form also.

    Please give me some suggestions on this.

    Thanks in advance



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  • mail2me_Ds
    08-12 12:57 PM
    Is USCIS following any pattern while approving I485 cases when the dates are current?.





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  • ankur6ue
    09-08 09:27 PM
    Thanks for everybody's support and good suggestions. I feel that even if there is no immigration related legislation due to this forum, the enormous amount of knowledge that has been accumulated due to contributions from everybody is a tremendous resource in itself. No more guessing what to answer to a confusing question on I 765 or I 131. Just do a google search and more often than not, a thread from IV will be the top on the list (and it usually contains useful info)! That itself is a great achievment. So thanks everybody and specially to IV core for keeping this effor going on. Hope we will have some meaningful legislative reforms soon. However I feel that it's good to remember that GC is like money- it's value stems from it's scarcity :-)

    PD: Aug 12 2006
    I 485 mail date: Aug 2008 (so they are looking at later filed 485's also, not just july 2007 filers)
    Did SR and infopass, standard responses..Asked lawyer to do TSC streamline process email (she was clueless about it)



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  • mbartosik
    06-15 01:36 PM
    I filed a G28 to allow me to represent my wife. I did not use an attorney. If you are filing for more than one person then I think that a G28 is worth it. It is a trivial form.





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  • 485_se_dukhi
    07-18 08:55 PM
    Here's the link to the transcripts of the "Tonight" show:

    http://transcripts.cnn.com/TRANSCRIPTS/ldt.html

    This can be used as a starting point for fact checking his claims and assertions, without having to sit through his shows..



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  • chanduv23
    06-12 04:41 PM
    My piece of advice -

    I see that a lot of people are not happy about L1 visa holders replacing them or their collegues because the sponsering company is either not following the law or found a loophole.

    It is natural to get angry and frustrated. But I would suggest - not to be insensitive to those people as it is not their fault. Treat them well and good and help them understand what it is and why are you concerned.

    Do a proper assessemt on what exactly the issue is and definitely help ourselves to make sure fraud is not being committed.





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  • rb_248
    10-01 06:02 PM
    EB3 PD never moved beyond 2006 after July 2007. So how come EB3 case are there ?

    Good Point. May be error in the data. Who knows????



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  • mhathi
    01-11 02:04 PM
    Guys the race is on! Anti immigrants are onto our campaign. see this link!

    http://www.alipac.us/ftopict-97988.html

    Are you ready for the showdown? Lets send as many letters as we can!!





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  • ski_dude12
    09-28 12:13 PM
    What part do you want interpreted? It says in plain simple english that it is wating to be assigned to an officer.

    You can take an infopass to find out if your case is pre-adjudicated, prints/name check are clear.

    Hi ,
    My priority date is March 26th 2006 and current for month of September.
    I created a SR on 09/14 and got the following response today.

    "
    Service records indicate that your application is pending and waiting assignment to an officer. You will be notified when a decision has been made or if additional information is needed. If you do not receive a decision or other notice of action from us within 60 days from the date of this letter, please contact customer service to complete another service request
    "

    I would appreciate if someone can interpret the message.

    -kanchiru





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  • gene77
    08-20 01:53 PM
    I'm at Oct 2004 (EB3-I), 35 years for me .... you don't say!

    No seriously guys, 'spatial' brings up a good point; the laws are up for interpretation by the USCIS.





    letstalklc
    08-25 12:29 PM
    I heard some one telling me that there is a max limit of 5000 mts per month which includes local, long distance and international.

    Is it true or just a rumor ?

    As per my phone and chat conversation with Vonage is that it's a rumor, there is no limit at all, you can call as long as you want....





    suriajay12
    03-13 07:41 AM
    Could not find the link..Which page do I need to go on to vote.. I have searched about 500 pages.. Pls. advise..

    RV

    www.change.gov. You will see "Agenda" as one tab. In that you can post it under immigration. There is a button called "Send or submit your ideas".
    The letter to send is in page 10 in this forum.



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  • niklshah
    08-20 12:14 PM
    one question?? does it need high speed cable or DSL can work too???





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  • serg
    07-09 09:24 PM
    All right, looks like we got (or will get) some attention from media. DOS and USCIS got (or will) it too. That's good. They will forward flowers to hospital, and this is good too (hate to waste flowers)! Bad, if they will not strip messages from buckets, veterans do not need them at all, BUT if they decided to take messages off ... just picture that USCIS will stuck on forwarding flowers instead of doing their job. Who will win?
    All right, what next? If BloodDrive will not work, I suggest we have to offer BRAINDRIVE :) Any leaders? :)





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  • chanduv23
    03-24 04:12 PM
    Wow !! They probably did their homework and are prepared to hide behind some loophole in the law to clear themselves of discrimination.

    After reading the other thread link that BharatPremi had posted earlier, it seems there is a possibility that they could claim that they don't want to do sponsorship (which is legal to say so), and hiring an EAD candidate means they may have to do some amount of sponsorship, however small it might be (like providing the correct form of employment letter etc).

    Interesting policy. A lot of companies do not sponser H1b and GC because of the woes, costs and hastles associated with it, though they would love to hire the right kind of candidate. But this company is ready to pass the right candidate just because they have to provide a letter?





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  • saimrathi
    07-09 06:45 PM
    :d



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  • SanjayP
    05-09 03:04 PM
    you are both quite the racists. :eek: i question the wisdom of such attacks as it makes both sides look desperate. it is best if one side looks content. Let it roll off of the back like water on a duck.





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  • Das73
    05-17 06:32 PM
    doudou
    I 485 question
    ------------------------------------------------------------------------
    I am applying for AOS on a EB basis. My wife will apply along with me as a beneficiary. Unfortunately she worked on H1B for another company without notifying USCIS and on a different job capacity. What are the chances for her I485 to be denied? Do we have to mention that in I485 form. She is currently on H4 and is not working. Thanks.
    ------------------------------------------------------------------------

    When her employer applied for H1B means that he notified USCIS & got approved! She will be fine & she will get her GC along with you. No worries.



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  • CADude
    10-02 03:58 PM
    This is post responsible to monitor USCIS actions. :)
    who is cisombudsman.trends@dhs.gov? Is this a name of some person or some department name?





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  • veera72
    09-14 03:56 PM
    My company applied 100 485's . 85 from NSC and 15 from TSC (140 aproval). All NSC people got receipts, some of got FP's also. But TSC people still waiting for checks to be cleared.


    140 approved by TSC
    LUD on I-140 of 8-5-07
    I-485 filed with NSC on 2nd july:mad:



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  • amitjoey
    07-09 07:00 PM
    I am telling you, this is all great!!. It is working, do not doubt it. It has to be this way for a news story. This makes a great story. Also canceling orders sends wrong messages, we care for the troops fighting for us, Why cancel.





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  • go_getter007
    01-24 11:55 AM
    Milind123, I can certainly understand your frustration but kudos to you for making your post humorous at several points amidst your painful experience. I especially liked your closing remark about Koh-i-Noor - I'm with you. :D

    Come to think of it, even the country where we are right now (i.e., the US) isn't much different not only in terms of lengthy forms and queues (outside of consulates) but also on making our lives a little more than hard by denying driver's licenses, delaying permanent residence perpetually etc. On top of these issues, apparent hate crimes against Indians at LSU and then at Duke would certainly make a lot of parents a little nervous before sending their kids for higher education here.

    GG_007





    I had the misfortune of travelling thru London in December on my way to Mumbai. After I purchased my tickets, I learnt that I need a transit visa (TV) for UK. (Who is going to tell them (UK) that they are no longer the center of attraction esp. if you have lived and worked in US). Anyway, as per the rules, you need a transit visa if you don�t have a valid US visa. (Note: If you have AP, and don�t have a valid visa, you still need a TV).

    I went to their site and did all the research to get a TV. Good god Heavens! Has anyone filled out their painful form for a TV? Besides asking the usual details, they get extremely nosy. They want to know each and everything about you. Where you work, what money do you make, name of your wife, kids and their citizenship status, name of your father and mother and where they were born, their birth date, how much money you have and where the money is (stocks, bonds, CDS) etc. etc. While filling up the form I realized that, even my future father in law did not pose so many probing questions to me. (Please note: I don�t mind answering these silly questions for a regular visa, but for the damn TV, it is certainly overkill).

    Anyway to cut the long story short. The regular cost of TV is/was $92. However, when I filled up the application form they were asking for $184. (The satisfaction of getting a good deal on the tickets was quickly evaporating). I assumed I must have made a mistake in thinking the cost to be $92 and reluctantly paid $184. Next it was time to fill the application for my wife and answer the idiotic questions again. You should have seen the �I will kill you right now� look on my wife�s face after I woke her up in the middle of night and asked details about her parents. After I filled up the form, to my surprise, now they were asking $274 for visa fees. It was already 2:00 am and I have no choice but to painfully enter my credit card details, hoping that they would realize the mistake in their recon process and would reimburse the difference. (Of course, I was only dreaming).

    It is now almost the end of January and I have still now received any money from them. I have tried sending several email to the emb(ass)y, but none of their emails work. I get bounced email for all the emails that I have used. I have tried calling them and left messages and no one has called back. I have send emails to my credit card company and the people who processed the payment and none of them have been able to help me. There is a way to talk to someone in the emb(ass)y, but you need to dial a 900 number, which BTW costs $2.49 per minute. Throwing good money after bad is not an option.

    I just wanted to share this experience with you and remind you of the pain ahead, if you are travelling thru UK and don�t have a valid US visa. Personally, even if they had charged me the regular $92, I will still use other options to travel next time. The amount of time wasted in filling the crappy application form, going to NY, (starting Dec doing your finger prints) is simply too much to handle. Visiting your motherland/fatherland is a very special occasion and all these intermediate steps certainly water down the �good feeling� that you experience during the days leading to your trip.

    I haven�t given up my quest for a refund, but now, not only I want my money back I would like to bring back home the Koh-i-noor too.



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  • franklin
    01-10 01:26 AM
    I do not want to spoil the fun and do truely appreciate the efforts by the IV team. But after sitting in the GC queue for 7 years, all my hopes nearly dead. Campaigns come and go but nothing ever happens.

    I truly appreciate your frustration, but nothing will ever change if you do nothing.

    Something might change if you do something

    Go on, write a letter! It'll take 5 minutes. If you do, I'll write one as well. I'll even visit lawmakers on your behalf :D

    IV is you and me, we are the team.





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  • ab_tak_chappan
    08-22 11:50 AM
    By sending so many flowers over and over again you are only going to piss off people and expedite retrogression :D:D. Live the real life instead of reel.
    lets ignore all the negative comments in this thread and stay focused.

    Lets start with letter campaign and see what happens when new year starts. Does somebody has a letter drafted and ready to send out?

    Thanks.



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  • abuddyz
    02-29 08:21 AM
    here are some updates..

    i received reply to my inquiry email from mumbai consulate. and they wrote following in email

    "Please wait till you get an email from us.

    Mumbainiv/vd"

    I also visited the inquiry window at mumbai consulate personally and here is the coversation I had..

    me: I had my H1b visa interview on feb 11 and I want to know the status of my visa.
    she: what is your name (did something on computer). it is still pending for verification
    me: how long will it take?
    she: it might take another 1 or 2 weeks
    me: i was initially told that it will take only 1 week and it is already more than 2 weeks.
    she: it takes time
    me: what is the procedure to withdraw my visa application
    she: if you withdraw, how will you go there?
    me: i have advance parole document with me
    she: it is advisable to wait for this visa. if you go on advance parole, you might be inquired at port of entry.
    me: i have to find some other option as my client is waiting there.
    she: if you want to withdraw, you can send an email or you can come here personally but it is advisable to wait for this visa (she said it again).
    me: (i again asked) so i can withdraw and then go back using advance parole?
    she: as I said, it is advisable that you wait for visa

    I hope this is useful to everyone..(i have decided to wait for the visa and not use advance parole)





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  • makemygc
    06-29 07:29 PM
    Most of us are at the mercy of our attorney's to file for I-485. The attorney's take their sweet time to prepare the draft and send the application. In this heated moment the attorney's offices should hire more people and get the ball rolling.
    All that we can do as employees is pester our HRs and attorneys.:p

    more than 100% true...My attorney took two weeks to prepare the 3 forms and when he sent out those forms to me for review, I was amazed to see it was full of errors and mistakes. Finally, I'd to prepare the application and send it to him. Application is so simple that anyone can prepare it. I think we should better do it ourselves if given the chance.



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  • singhsa3
    08-06 08:35 PM
    Does not look like many takers but so far 50-50..





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  • jungalee43
    11-14 11:55 AM
    I received standard reply from TSC yesterday. "In absence of A# or SRC number we are unable to locate your file. If you would like to re-submit please quote these numbers......."
    Of course I received my envelope also.



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  • johnmcdonald98
    10-03 03:35 PM
    me and my friend, both are stuck into this right now. Both are having different nationality and we both are in this country from last 10 yrs. So I think it might also depends on your history, as longer stay, your name will pop-out from many places, which will delay the things.





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  • aadimanav
    01-03 12:56 AM
    Part 2 continued....


    USCIS delays have become so excessive in this arena that many foreign nationals have sought relief in federal court. The Administrative Procedure Act of 1946 (APA), which governs federal agency actions and decisions, requires that an agency resolve a matter presented to it within a "reasonable" time frame. See 8 U.S.C. 555(b). Using the APA, foreign nationals have argued that waiting for two or more years for a decision on an immigration application is "unreasonable" under the statute. The cases are divided, but a majority of courts have agreed that making a foreign national wait years and years just for a decision on his or her application is unreasonable. As a result, many judges have ordered the FBI and USCIS to complete pending name check cases within 60 or 90 days where a foreign national has been waiting for two or more years. Some judges have noted that security concerns are not to be taken lightly, but this only reinforces the fact that such issues should be resolved in a matter of weeks as opposed to years.

    The success or failure of litigation in this arena ultimately turns on the court's reading of a jurisdiction-stripping provision embedded in the Immigration and Nationality Act (INA), as amended by the Real ID Act of 2005. The INA precludes judicial review of any "decision or action" of the USCIS that is "specified [under INA] to be in the discretion" of the USCIS. See 8 U.S.C. 1252(a)(2)(B)(ii). In defending challenges to delayed applications, the U.S. Attorney's office has argued that the adjudication of a green card application, including the pace of adjudication, is committed to the sole discretion of the USCIS, because the INA specifies that a decision to approve or deny a green card application is within the discretion of the USCIS. See 8 U.S.C. 1255(a).

    None of the circuit courts have ruled on this issue, but the relationship between USCIS delay and the role of the judiciary has become a "national judicial debate" at the district court level. See Saleem v. Keisler , 2007 U.S. Dist. LEXIS 80044 (W.D. Wis. Oct. 26, 2007). Some courts have bought the government's argument, holding that a discretionary "action" includes every interim action taken along the way leading up to an ultimate decision on an application. See Safadi v. Howard , 466 F.Supp. 2d 696, 699 (E.D. Vir. 2006). Under this theory, a stalled name check is simply action along the way to a final decision. The majority of courts have rejected this reading of the statute, holding that USCIS' discretion only applies to the ultimate decision on an application, not the pace of its adjudication. As one court stated, "it would require Orwellian twisting of the word ["action"] to conclude that it means a failure to adjudicate." Saleem v. Keisler, supra. Similarly, U.S. District Judge Stewart Dalzell recognized that the INA grants discretion to the USCIS to grant or deny a green card application, but "national security does not require that it also have absolute discretion to delay such an application to Dickensian lengths." Cao v. Upchurch , 496 F.Supp. 2d 569, 574 (E.D. Pa 2007). Put simply, "there is a difference between the [USCIS'] discretion over how to resolve an application and the [USCIS'] discretion over whether it resolves an application." Singh v. Still , 470 F. Supp. 2d 1064, 1068 (N.D. Cal. 2007).

    The U.S. Attorney's office has also argued that the USCIS is not required to make a decision on green card or naturalization applications since the INA does not specify a time frame for the agency's decision. See Assadzadeh v. Mueller , 2007 U.S. Dist. LEXIS 80915 (E.D. Pa. Oct. 31, 2007). The government's argument is based on Norton v. So. Utah Wilderness Alliance , 542 U.S. 55 (2004), where the U.S. Supreme Court held that a plaintiff can succeed in compelling an agency to act under the APA if and only if the action sought to be compelled is a "discrete action" that the agency is "legally required" to take. Under the government's theory, the USCIS cannot be compelled to act where its organic statute fails to require it to make a decision. But, under Norton , an agency's regulation with the force of law can create a legal duty. Arguably, the USCIS is legally required to act on applications presented to it, as its own regulations provide that it inform applicants of its decisions. See 8 C.F.R. 245.2(a)(5)(i) (green card applications); 8 C.F.R. 316.14(b)(1) (naturalization applications). Most judges in the Eastern District of Pennsylvania appear to accept this argument. For example, in Kaplan v. Chertoff , 481 F. Supp. 2d 370, 399 (E.D. Pa. 2007), Judge Eduardo Robreno held that the USCIS has a duty to adjudicate green card and naturalization applications, based, in part, on the agency's own regulations.

    Once a court determines that its jurisdiction is not stripped under the INA, it usually faces little difficulty finding a cause of action under the APA. Of course, determining whether an agency has acted unreasonably is a fact-intensive inquiry, but the government's position does not look promising where the USCIS has failed to perform three distinct background checks for two or more years without any indication of special circumstances. See, e.g., Saleem v. Keisler, supra . The government has argued that flagging agency resources are to blame, but many courts find little sympathy for such posturing. In addressing the issue of agency resources, one court stated that the USCIS should take its complaints up with Congress. See Liang v. Attorney General , 07-cv-2349-CW (N.D. Cal. Oct. 30, 2007). "The executive branch must decide for itself how best to meet its statutory duties; this Court can only decide whether or not those duties have been met." Id . Even factoring in flagging appropriations, the court held that a two-and-a-half-year delay is unreasonable as a matter of law. Id .

    With more than 340,000 cases in the name check backlog, it is not clear when some foreign nationals will ever have their cases resolved at the agency level. At least with the advantageous decisions handed down from the federal district courts, foreign nationals have the hope of going into court to request an expeditious resolution to their name checks. In the majority of situations, it appears that litigation is the only option, but at least an option exists.

    Please email the author at gforney@wolfblock.com with questions about this article.





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  • sc3
    08-22 12:49 PM
    Some one gave me this comment saying


    "You continue to undermine IV with your nonsensical posts. I understand you are frustrated, but your comments are counterproductie at best. You also don't seem to understand the law properly. Do some homework."


    Show me where have I undermined IV efforts? And show me nonsensical or counterproductive posts that I have made -- that is, nonsensical or counterproductive to the cause of upholding the law (not pandering to a particular employment category/chargeability area).

    I have done my homework, and I have understood the law properly. I have time and again given logical proof, along with the text of the law, as to why EB3 is eligible get the EB1 numbers at the same time as EB2. On the other hand none of the detractors have provided proof, or material that shows EB3 does not qualify.


    And for all those holier-than-thou EB2, what is about the letter campaign to get NSC/TSC to process application according to PDs (no lawful basis for that), and asking the removal of NSC bosses and what not. You seem to have different standards when you are suffering, and when others are suffering. There is a word in the dictionary for that, look it up.





    purgan
    07-13 03:53 PM
    Loo Doggs is a xenophobe and nativist to the core...


    He doesn't like Illegal immigrants "because they broke the law"

    He says he likes Legal immigration, but then he curses every avenue for legal immigration under curent law.
    1. He calls the diversity visa lottery the "great american giveaway" and has called for its abolition.
    2. He calls family immigration "chain migration"
    3. Finally, he calls employment-based immigrants as "stealing american jobs"

    C'mon dude, its time to give up the pretense that you like immigrants!!





    pranju
    06-15 04:13 PM
    Should only be put in the primary applicants !485. The spouse will have one on their receipt notice. The fingerprint appointment will use this number as an identifier.

    Thank you so much for the reply.



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  • Vishal2007
    05-02 07:17 PM
    I am watching this thread last 36 hours, this is not media to discuss political issues, we are here to educate/lobby so called law makers of this country for our immigration issues.

    STILL BEING TAMILIAN, I HAVE RIGHTS TO SAY MY THOUGHTS


    Tamils in SL is not Indian citizen but they migrated long back still have culture,family relation in India. Rajive got assassinated because he is trying to implement unpopular/unacceptable foreign policy in SL simply by trusting his popularity (he deserved for his mistake) One Sikh killed Indira but we accept another Sikh as our PM. It is Indian gov. lobbied efforts to ban LTTE by western country. they are well organized, disciplined and high tech group. some people raise another issue, they recruited young children to fight, we all are talking so called democartic India, still encouraging child labor every where in India. Srilanka Government boldy refusing all western country pressure, even United Nation (UN, this is pice of shit in the trash) unable to convience SL gov. because it is backed by Indian gov. or you may called Sonia gov.


    Bottom line is Sonia is taking revenge on Tamils by supporting SL gov., after all she is from the country that killed Jesus.

    We already denounced India, I am carrying Indian passport with shame.




    see the link below,




    http://www.youtube.com/watch?v=2McxGpfoUM0&feature=related





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  • hebbar77
    09-23 03:47 PM
    for people who want to invest, there is a investor visa(gc). The limit of investment is little higher though, so only few out of the current EB line will get out. Yes line will get shorter.

    I dont think buying a greencard for 100,000$ or for any money is wise. You already are paying enough taxes, paying legal fees.... and of course spending ur prime here waiting for a permanent resident status.

    So let them grant GCs if they feel like. Dont bribe ur way in!!

    Also if one bought a home and then got a GC, lets say he sold the home right after... what abt it....!!





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  • dhesha
    07-29 04:19 PM
    Can anybody explain what is the criteria to take the CP interview? Is there any limitation or condition about who can take CP or not?

    thanks





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  • hydubadi
    07-26 12:20 AM
    Hello Sir,
    I am in a process of getting name change for my wife on pending I485. This is because her first name is given as 'No Name Given' by USCIS on the I485 file, EAD and A.P. As she did not have first name in passport.

    We recently got her name change on passport by adding my(husbands name) as SURNAME. Now we want to refelect this change on EAD and 485.

    Sir, can you please let me know the process of amendment to get name change on the file. What applicaton do I need to fill, and what documents should i send with the form. Can I do it on my own or do i have to go thru a lawyer.

    Your answer is highly appriciated.

    Thanks,
    hydubadi



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  • vikki76
    05-13 07:17 PM
    RE: Jaime,
    Well, I am not sure of your reason..but whatever, if you are serious, then join any major tech company in US, and ask them to relocate to India.Cisco,Intel,Sun Microsystems, Accenture,Citibank etc. are always on look out for expatriate.
    If you won't join tech company,and explore for direct employment then max pay you might get is Rs 15 Lakh per annum. or 15,000,00.
    If you are an airline pilot,you will be welcome by open arms.Aviation sector is facing huge shortage.





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  • AirWaterandGC
    05-10 07:13 AM
    Does anyone have a comment on this ?

    I do have my CA PR. Waiting for US GC, my CA PR clock is ticking. Once I am more than 3 years past in the CA PR card and if I still dont go to CA, I understand that my CA PR may not be renewed. My question is : Is is possible to at least enter CA for the last (during 5th) year of CA PR ? Also is it possible to re-apply for the CA PR once I am say 4 years done in my CA PR life without entering CA ? Gurus , please shed some light.

    On another note : I would request no one to make offensive remarks about a great country like Canada. It may not have as many opportunities as US has or be a lot more restricitve in providing licensure to some professionals, but please bear in mind that it has provided respect to some of us by making some of us it PR .... which the great US is still to bestow on us. Even when we have not contributed a single cent to CA or its economy while we have earned/contributed millions to the US / its economy.



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  • immique
    07-17 01:23 AM
    I don't agree with your arguement. Spillover can happen in any quarter and you don't need to wait until the last quarter for it to happen. with EB1 and EB2 being current, the spillover into EB2 I and C will start from November/December of 2008 itself

    Since no one knows how many of pre 2004 EB2/EB3 are pending for India or ROW, it is very difficult to predict where the PD would be at 2008 november. Whoever feels the numbers less suggests EB2 india PD would move forward, whoever feels the numbers are more suggests it will move slower.

    But this is what my assumption is USCIS/DOS would start will less number of Visas for starting of year, let us say 900 for EB2(I) on november 08. There is a possibility that EB3 to EB2 conversion, Missed out old PD cases etc would result in getting EB2 going backwards...This would be the case for first 2 to 3 quarters, even if it moves it would in couple of months.Again based on EB3(ROW) demand next year end EB2(I) may or may not move forward fast.
    One thing for sure spill over happens only during the last quarter, be it horizontal or vertical.

    But this years move would make some people lucky to get GC even if their PD is in 2006. Again this is all my assumptions..





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  • rajeev_74
    09-24 07:04 AM
    for people who own or will buy homes ? We could also say that this can come from recapture but only for already or potential home owners...

    It could be part of the Bail out package...



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  • nb_des
    08-04 03:00 PM
    Pardon my ignorance, how does labor substitution work and what is FIFO?
    There is no FIFO (first in first out) with respect to backlog processing . It may be LIFO.





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  • newuser
    07-03 08:13 AM
    Here is the link (http://sharebigfile.com/file/190401/sharebigfile-2--com-Reporter-Contacts-Clean-csv.html) for the reporter contacts that was compiled for the last media drive



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  • sabbygirl99
    03-20 02:37 PM
    The title is pretty self-explanatory. Basically, I want to know whether I can legally continue my GC process in US once I get Canadian PR? What would I have to do? I read the blog from the guy who said he had an address, account in Canada but worked in US. I couldn't tell, though, whether he ended up keeping his Canadian PR...and also - whether he ended up getting the US Green Card in the end?? Appreciate any help!!!





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  • TeddyKoochu
    09-15 07:35 AM
    My dear friend, always you have to be hopeful, and cheerful.
    If you want to build your hope look at people who are waiting with PDs in 2009.

    This is a great thread. I don't know how real are the predictions, but this thread gives a great energy. lots of thanks to OP.

    You are correct, being hopeful & cheerful is extremely important for all of us here. The spillover really holds the key as to how things would be moving.



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  • sbabunle
    08-03 03:16 PM
    Hello shree19772000
    There is a proposal to stop labor substitution which was
    put for public comments. It was like a few months ago. If they finalize it, labor substitution will be completely eliminated. But I'm not sure of the timeline of this.

    babu





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  • pappu
    01-13 04:52 PM
    We need a thorough analysis of this document and an assesment how it affects our membership. If this is something our members want IV to discuss with USCIS, we can do it. All those affected by it, and willing to volunteer can contact IV to form a team and work on the analysis of this document.



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  • chantu
    03-30 01:57 PM
    Yes...We had them in power for five years. It was a joke. India was Shining and we had to wear sun glass.

    I am not supporting the congress party. I am only supporting the MMS. To me, he is faaaaaaaaaaaaaaaaarr better than Mr.Advani or Mayavathi

    SNathan, I know you are supporting MMS and not congress. But remember, it is not MMS govt it is congress govt. MMS is just an executive who will implement his boss's decisions. It happened during Narasimha Rao. It was Rao and not MMS who brought economy reforms. Also, India Shining was flop show and we had to wear sun glasses, but last 5 years of UPA was such a economic disaster that now even if we remove glasses we can see nothing but darkness.

    Also please consider that during UPA rule, India's loss due to terrorism was next to Iraq. As Narendra Modi says, even if you are rich, own houses and cars and happy in life...but if you are not sure that at the end of day you will return home safely or not, then this money and richness is of no use.





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  • nixstor
    07-03 08:35 PM
    Can IV try for a Bridge Legislation ...................

    Tuesday, July 03, 2007
    Bridge Legislation Update

    HLG is still actively seeking Bridge Legislation. The purpose of the bridge is to provide a short-term fix to the current retrogression problem for Schedule A occupations. As many readers are aware we are one of the founding members of the Coalition to Improve Healthcare Staffing. The CTIHS is pleased to announce that in June it retained two prominent Washington lobbyists and consultants. The lobbyists are working 24/7, along with the AHA, to seek this goal.

    If any immigration attorneys and/or healthcare stakeholders wish to participate in this effort and contribute funds to the effort, they should contact Chris Musillo (cmusillo@hammondlawfirm.com).

    The biggest hurdle we have right now is general �immigration malaise� in Congress; no one wants to talk immigration at this point. Congress is on a short break for the American Independence Day. Many of the staffing companies and hospitals that make up the CTIHS have meetings set up with their Congressmen and Senators this week.

    Lobbyists are working 24/7. Are you kidding me?

    My ideal solution for this is to make this a hot button issue in the media and then try for legislation to recapture visa numbers and allow forwarding of visa numbers. That will help us go a long way.



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  • shukla77
    05-29 04:07 PM
    All those people who are saying let us inform USCIS, if 50% of them go home today and draft letter and post or email it, then that will be significant achievement for today. Emotional exchanges without any concrete plan after a bad news is norm here. Look at the past few bulletins. Let us do gandhigiri, let us do flower campaign, let us do rally, questiion is WHAT WE REALLY DO not "LET US".





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  • neelu
    03-27 03:33 PM
    My vote is for Dr. Jaya Prakash Narayan. He has done good things as a doctor and then as a collector in AP.

    Of course he stands no chance, but I think he started a movement (grassroots) - hopefully it is the beginning of some positive change.

    Check out his speech at a Mumbai university.

    http://www.youtube.com/watch?v=t4xFCdOYTv4 - Part 1
    http://www.youtube.com/watch?v=3Q6s1R9iBjw - Part 2
    http://www.youtube.com/watch?v=k6ZHak1lEr8 - Part 3

    Cheers.





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  • oliTwist
    06-14 12:44 PM
    For most of the ppl with hateful comments, Reality sucks and bites back. I agree with dilip and unfortunately, among billions voices and opinions dont matter. Just brutal personal attacks.

    That said. We cant stop the outsourcing and dumping. Today is biilions from India and china and tomorrow rest of billions from rest of world (like Africa and rest).

    If you dont have any proper counter argument, dont post. Period, dont stoop to personal attack.(race,caste,place and commutiy and alma mater).

    Grow up folks.





    _TrueFacts
    09-04 02:31 AM
    Conformed you brain got damaged and you will die soon.

    Will distribute sweets after you death

    "Jayapaul Reddy Vadicherla" This is to warn you on any personal disturbing mesgs





    gapala
    02-13 11:11 AM
    Lets see how a common member look at so called "GC Dream" and try to understand why there is no unity.
    Is it what is called "Inspiration" which is missing? I guess so. Can we call it "Motivation"?
    What else can we call that "thing" which stops us from uniting for a cause? "So far I am just "Encouraged" thats all, not inspired". Is this what it is? I do believe there is a huge difference in these 2 words.

    Everyone in this community are Brave and Courageous.

    Note: Do not jump on me asking What am I doing on all this. :) I think we just have to realize this to get a bigger perspective.

    Well -

    AMAN KAPOOR, JAY PRADHAN, HIMANSHU and everyone who are on the forefront are JUST ORDINARY COMMON PEOPLE LIKE EVERYONE HERE. the idea behind IV is to provide a support network. If people want to see success - they HAVE to be a part of it. The efforts of such organizations is not to make profits and then sell shares and perform well and then make people join it, it is to provide with a platform where people can help themselves.

    This is truely heroic

    Our primary issue is in our thought process. We want to do everything, we want everything in the world BUT we do not want to stand up and rise in unity. Not necessarly true in everyone's case. several people do not care about green card. Their approach is to stay here as long as they can (or They are allowed so to say) and if the situation gets violent or unbearable. They plan to choose the best option to move back to home country and take advantage of what ever is the exchange rate.

    We want to blame IV leaders saying they are rude and pushy. We come up with discussion threads saying we must do this we must do that and finally we see these discussions just getting buried. Again Not everyone does that

    Good examples of how communities thrive anywhere in the world are the Jewish community and the Patel community. The only reason they have succeeded is because they believe in themselves and their cause - they are all over the world and are united, they have managed to make their lives easier by uniting for their causes. There is no question that unity is the key but not easy as the individual goals are different. Unity is not constant..people unite based on the issue and its effect on them. Once the issue for which they united is resolved or becomes one of less importance" they will choose to stay away. There are several examples in the history even revolutions and freedom strugles. Unity pervails until the comfort zone then it takes its direction.

    Look at us - if green card is delayed - we say - I dont care about it, India is rising - but are we going there? No way - no one who says "India is rising" will go - in fat they will be the first to apply for any immigration benefit. Again this does not apply to everyone. Some may apply for immi benefit but nothing wrong in that and they take that concious decision on the situation that odds of getting GC in this life is near 0.

    Why are we individually so highly skilled and intelligent and capable but collectively so naive? As important this issue is for you, is not as important to atlease some of the members in the community. But still they will do what ever they can for the community with out any "inconveniene". That does not make then in admisible in this community. Does it? If yes, then thats the number 1 block to cross towards unity

    Why do we always want others to do it for us? is it because if there is any opposition the active ones will be affected and we can escape? is it cowardice that stops us from being united? Not necessarly. No one wants others to do anything for them. (Not the people who start new thread with action items for others and pop under the hood). I believe majority of the people are brave enough to take courageous actions when issues are important for them.

    I do admire the leaders in this community. We feel its cowardice because the importance with which the people who take lead on the issue expects others to take the issue at same level of importance. In order to be able to unite people on issues we will have to atleast "Convince" them that this is as important for them. I would suggest a poll to see how many are very serious about GC? Must to have, Nice to have, do not care. I am sure majority will be later 2 categories.

    What is success? How can we achieve success? The word success is "relative". Success for one may not be a success for other."
    Why are we finding excuses for not doing our part? "The reality is people do not think this is as important as going to work tomorrow".
    Why do we always want to praise others but not do something? "No Inspiration". Inspire them and see they will turn the mountian around.