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  • nrk
    08-17 02:55 PM
    Yeah little excited as my PD is current from next month. want to wish the good luck for the people who just got freedom.

    Nrk,
    Looks like you were on a roll congratulating a lot of folks :D
    Thanks bud

    Cheer





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  • ndialani
    10-27 03:45 AM
    I have two approved I-140 (NIW/TSC 06/2006 and EB1A/NSC 07/2009) and a
    pending I-485/TSC from 2007. I went infopass two weeks ago, and was told
    that my I-485 was pre-adjudicated and assigned to IO on 08/2009. The
    infopass officer kindly sent an e-mail to my IO requesting for update.
    Yesterday, I received a letter saying "We are actively processing this case.
    However, we have to perform additional review on this case and this has
    caused a longer processing time. If you do not receive a decision or other
    notice of action from us within 6 months of this letter, please call
    customer service at the number provided below."

    Does anyone received a similar letter? Is it just some letter or some problem
    with my case. I have been in this country for 11 years, used up all 6 years
    of H1b, renewed EAD three times, and tried service request, called IO, wrote
    to Senators/first lady. Not sure what else I can do...

    Rongch60,
    Same Here !
    I got 6 months wait letter too. My wife (Dependent) for 60 days letter.
    EB2/TSC .
    I m lost as well!!!
    i filled up #7001 form and also E.mailed a follow up letter today.





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  • ganguteli
    06-18 04:02 PM
    Natives blame Naturalized citizens/GC Holders/H1s/L1s for taking their job
    Naturalized Citizens/GC Holders blame H1s/L1s for taking their job
    H1 holders blame L1s for taking their job
    L1s blame ImmigrationVoice members for taking their job:D

    Good one.

    ... and H1Bs are fools that they are becoming puppets on this thread. Has anyone even spoken to L1fraud guy to see who he is? He is simply inciting IV members against their own?

    You guys do not have time to fight for your own greencards and courage to meet your congressman, but have time to fight against L1s just because L1s are getting greencards before you. Grow up and see the evil designs of anti-immigrants. They also want you H1bs and EAD holders out of this country because you people are also all frauds according to them. Arn't you faking your resumes, doing consulting and taking away jobs according to them? H1bs are spreading disease according to them and overstaying illegally and what not. Go read anti immigrant websites.

    Shame on all of you supporting OP.





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  • satishku_2000
    07-09 11:52 PM
    There is nothing wrong in fighting. At least it will be used to prevent the same mistake in future. But it is not a bad idea to analyse the outcome so that everyone can prepare for that. My view is this campaign will be used for preventing future mistakes. I will be pleasantly surprised if we get more benefit than that. Even lawsuit also will serve the purpose and will give strong warning to USCIS.
    I can tell many examples. Due to one persons misjudgment so many American and Iraq people were killed. Do you think they can get relief? Whatever relief people got it cannot bring back peoples lives. But still lot of people are thinking that Iraq could have been handled differently and many people are fighting against War. Most people realize mistakes after someone is impacted.


    You seem to be pretty good at analyzing faults in others' ideas and thoughts . What are your suggestions to acheive releif from retrogression.

    Smitha,
    You can suggest too ...



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  • imneedy
    05-16 02:33 PM
    Now as per my lawyer's advice probably we will need to change her status back to H4.

    Do you know how much time it will take to get that status change? What if your PD is no longer current?





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  • Rajk
    06-16 01:34 PM
    That is your receipt number. In my case, the A# is in the box that has the name of the beneficiary.

    Ams

    I do not have any number in Beneficiary box.

    Does that mean I do not have an A#?

    Is this an issue?

    Will appreciate your response.



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  • mamthavijai
    07-11 08:57 AM
    http://news.yahoo.com/s/nm/20070710/pl_nm/usa_immigration_indians_dc_1

    WASHINGTON (Reuters) - Disgruntled green card applicants from India sent hundreds of flowers to the U.S. immigration agency on Tuesday to protest a recent policy flip-flop that hurt their quest for permanent residency.

    ADVERTISEMENT


    The campaign that directed around a thousand flower deliveries to U.S. Citizenship and Immigration Services (USCIS) Director Emilio Gonzalez was modeled on a popular Indian film promoting the peaceful protest methods of Mahatma Gandhi.

    The protest was inspired by the abrupt reversal last week of an announcement issued in June offering expedited processing of green card petitions for thousands of skilled foreign professionals working under H1-B visas.

    Thousands of holders of H1-B visas -- reserved for skilled workers in computing, engineering and other special professions -- scrambled and spent money on lawyers and medical exams to prepare green card applications for a July 1 deadline.

    The abrupt closure of this path to a green card -- proof of lawful permanent resident status -- sent the applicants back to the queue for 2008, when they will have to spend more time and money, organizers of the protest said.

    "The gist of the campaign was to peacefully convey disappointment and concern at how things have evolved in the last month," said Sivakanth Mundru, a Virginia-based computer systems analyst who was affected by the policy.

    FLOWERS SENT TO SOLDIERS

    Gonzales said in a statement on the USCIS Web site that the agency would forward the flowers to Walter Reed Army Medical Center and Bethesda Naval Hospital in Washington, D.C., the main facilities treating U.S. soldiers wounded in Iraq and Afghanistan.

    "We welcome the fact that the director at least acknowledged this campaign and we are happy that our flowers will be bringing some color to our soldiers in those two medical hospitals," said Vikas Bajaj, a software developer in Wisconsin who helped organize the flower protest.

    Although Indians staged the flower protest, the green card application setback affected skilled workers from China, Poland and many other countries.

    Mundru and other activists said hundreds of thousands of people shared his state of limbo. Many were unwilling or unable to buy houses or start companies until their residency was secure, they said.

    The situation of foreign professionals working in the United States while awaiting green cards was sidelined in this year's contentious immigration debate, which focused on illegal immigrants, Bajaj said by telephone from Wisconsin.

    "We have never been in this country illegally, we are hard-working, we are skilled immigrants -- and yet very little space is devoted to our issues," he said.

    "The irony is, in this whole migration debate, our issues are probably easiest to solve," said Bajaj.





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  • Canadian_Dream
    06-29 05:22 PM
    I wish your are right. But AILA will not spread rumors by circulating official notice. Check the other thread. Besides AILA official notices are are rarely wrong.

    This is not the end of the world, enjoy ur weekend ........

    USCIS will be in big trouble if they do what the rumors say ...

    Just be ready to file and v ll c what happens .....

    I m 99.5% sure that its a rumor ....



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  • grupak
    03-26 11:39 AM
    Right but the here problem is that how to come up with written evidence of discrimination? These jerks do not send you an email "Hey, we do not consider EAD". Their pattern is generally as under.


    I understand. For an analogy consider theft. You might not know who did it but you lodge a complaint with the police. Its their job to investigate. Sometimes they are successful, sometimes they are not.

    In this case if the govt gets lot of complaints, and find a pattern they will investigate and find the dirt.

    All I and a few others are saying, discriminating EADs is illegal, and there is a govt. agency to deal with these things. So, if anybody is a victim contact the govt. agency. By being quite we are not helping ourselves.





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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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  • americandesi
    03-24 05:50 PM
    I've seen many job ads asking for US citizens or GC holders only. That implies that EAD and H1B holders cannot apply. And at the same time at the end of the ad, u can see a text that says "xxx is an equal opportunity employer". Though both the statements are contradictory, companies post such ads. Not sure though if companies are allowed to have such policies. If so, why?

    Pls refer the link from DOJ posted above. It clearly states that "US citizen and "green-card" (i.e., permanent resident) only policies are generally prohibited, unless required by law, regulation, or government contract"





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  • punjabi77
    11-25 10:35 AM
    You are funny....you should take the moral high ground only when you are on the right side...you gave morally/ethically repugnant suggestions and have "decided not to reply to any of the comments here"...very funny.

    I do not condone the pathetic language folks here use including from sledge_hammer. You can make your arguments with civility. No need to call people "fools", "idiots", "stupids" etc. Shows your own under-confidence and lashing out at the wrong things/people.

    GASleuth..

    this thread was started to get suggestions as to what are the options open in the market..
    if someone did give an option and you dont like it, why dont u give an alternative option rather than venting out uour anger.
    No one is asking you how u feel or what is ethical and non-ethical..It seems that you are such an ethical guy who has not used a product and went ahead and returned it back to the store..If foreclosing is illegal let me know.. People here are giving pros and cons of doing a foreclosure.. i dont know if you own a house or not, and if you do.. dont know if you are having a perm job or a contract..I know so many people who own house and now they are in a fix because of housing market..I am not like other people who have already foreclosed..and btw.. why to blame the people and not the banks.. if i can own a house and pay mortgage which is quite same as a rent, i will better own a house and sell it after couple of years.. what is harm in that.. i may have mentioned about making profit by owning a house.. but i am not looking at becoming rich by living in a house for 2/3 years..Sledge_hammer and you are complaining all the way in the thread about people who are foreclosing or foreclosed.. but not spent your valuable time in letting people, reading the thread, know what are pros and cons of foreclosure and how it can affect 485..



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  • hopeforgcfast
    08-17 04:03 PM
    ok.. the letter is dated 4th august and did you get any information again that your case is assigned to a officer? if yes can you please tell how you contacted them? and after how many days?

    I called the regular 1-800 number as soon as I got the response to the SR. Told the 1st Level that the statement in the response saying to wait till Visa is available seems to be wrong since the visas are currently available. The Level 1 agreed and transferred me to the Level 2. Level 2 confirmed that my case was assigned to IO on July 27. She said my case is probably delayed bcos of FP not being latest. Wonder if there is a way to trigger FP?





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  • sunsuri
    01-27 02:13 PM
    You are asking for too much. Any reason why you or your wife could not clean the feeder? They are air-hostesses and not your personal servants.

    Jeez what's next? Shine my shoes?? :rolleyes:

    Isn't it part of her job? There is nothing like being servant. Moreover, it was just asked to rinse the bottle with hot water, to be sure it is hygenic, in a circumstances when baby was making tantrums. Another reason for asking was because bathrooms were full, otherwise there wouldn't have been a need. We have travelled many other airlines, and there was never an issue for such requests. Many airlines go extra mile to please you. It is what is called customer service.

    I don't understand why is it hard or degrading? Maybe then they are not supposed to serve you a cool cup of water at your seat as well. Is that demeaning as well on part of her job?



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  • PD_Dec2002
    06-29 04:45 PM
    wonder what would have made them change the dates? They even haven't seen any application yet?

    They probably got overwhelmed by applications in June.

    Thanks,
    Jayant





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  • godbless
    01-19 02:57 PM
    This is what he did. He attached the new I 94 that I got at the POE and which shows my status as Parole till 01/22/2007. He has however sent the old h1 approval notice as well showing my h1 valid till 06/01/2007. He ia rushing my h1 ext application so that it reaches the USCIS office on 01/22/2007 the day my parole expires. This system is really confusing dude!!!



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  • Goodintentions
    03-29 03:02 PM
    Dear All,

    We need to expose the fraudulent EB1 filing by Indian companies! Under the circumstances, I think that this issue is much more relevant now! As such, I would once again like to share the information which I obtained about 6 weeks back from the local Congressman's office.

    I was pleasantly suprised to learn that many Indians have been quietly writing about the fraudulent EB1 filing by Indian IT companies to lawmakers! I was told that the local office had received about 50 or so signed (hard copy) letters and that they had subsequently spoken to the INS office about this. It is a good thing that some conscientous Indians are quietly working behind the scenes for the welfare of the community.

    Subsequently, I also made a letter on the subject and hand delivered the same the very next day, to the Congressman's office. I then also posted my letter to the Senators of my state.

    I once again plead with all fellow EB Indian friends to write letters (please do not Email) about the fraudulent EB1 filings by Indian IT companies (TCS, CTS, L&T-IT, Infosys, Vetri software, et al) to your local congressman / senators. Please also visit your lawmakers to follow up. Personally, I feel that this very very important. IV is there to help us, but all of us must also play a role to get results

    It is the strategy that will win the war, not always brute force! We should adopt a multi-pronged attack strategy, realising that each ever visa no. we get is important!

    Spending about an hour of your time to write, print, sign and post could save many atleast 2 years of wait time. Did your realize this?


    Imagine the impact of 1000s of covers getting dumped in your law makers' offices!

    Even lawmaker's offices feel that the impact of printed and signed hard copies is much higher than Emails!

    If we are united and focused, we can all win!

    GOD bless the EB Community!!!





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  • gc_on_demand
    09-09 12:01 PM
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  • Skolli9886
    04-06 04:23 PM
    Unfortunately the Timing of IV Advocacy day, and also May 2011 VB schedule at a wrong date. If the Govt Shutdown due to the budget deadlock, I'm not sure how both of these days will play out. Any Idea guys. :confused:





    illusions
    07-10 09:56 PM
    I really don't care that the reporter made a mistake. The fact of the matter is we got the word out, and Kudos to all the nationalities / creed/ background etc. The only way i can see he got it mixed up is cos of, Ghadhiji, an honest mistake by the reporter.

    By the way I'm from Sri Lanka, and just as all of you, i have been waiting for a while now.... the flowers campaign is great and i think i will go ahead and make a second order and send it over.

    Keep up the good work guys





    veerufs
    10-13 07:59 PM
    My checks got cleared on Oct 10th. Mine is delivered to NSC and recieved by
    J BARRET July 2nd 10:28AM. Reciepts from Texas.



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