kak1978
10-20 12:19 PM
Sent the letters, took less than a minute.
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lazycis
05-14 12:46 PM
Can you shed some light on this process? Do "Immigration Litigation" Attorneys be able to help in this?
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (“the APA”)
The APA allows reversal of agency action that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (“the APA”)
The APA allows reversal of agency action that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
addsf345
11-17 02:23 PM
One of IV members 'lazycis' (he is a knowledgable & senior member) also mentioned this, which exactly matches with what RG said:
http://immigrationvoice.org/forum/showpost.php?p=301999&postcount=16
so I am sure there are some provisions. I hope 'lazycis' will provide some more info if he sees this post.
Edit: Chandu - please click this link to read on RG's forums. (http://immigration-information.com/forums/showthread.php?t=6461)
Pardon my ignorance, but is this something we can ask clarification from CIS Ombudsman? Its real confusing:confused:
Some updates: I talked to two different lawyers and both advised differently on this issue. In fact I got the impression that one of them didn't have much clue as much as some experienced IV members have. (He said if job titles are different than you have issues...) There are many people hanging on to their current employer due to confusion on this issue and potential effect on pending GC.
and the great question continues to haunt: can a person keep working legally on EAD status if his/hers I-485 gets revoked in error by CIS? or he will be forced to resign from a new job when his MTR is being filed or in progress??? This is really killing me. Who has the answer? if anyone knows, please please share!
lazycis, chanduv - anyone to comment on above new information???
http://immigrationvoice.org/forum/showpost.php?p=301999&postcount=16
so I am sure there are some provisions. I hope 'lazycis' will provide some more info if he sees this post.
Edit: Chandu - please click this link to read on RG's forums. (http://immigration-information.com/forums/showthread.php?t=6461)
Pardon my ignorance, but is this something we can ask clarification from CIS Ombudsman? Its real confusing:confused:
Some updates: I talked to two different lawyers and both advised differently on this issue. In fact I got the impression that one of them didn't have much clue as much as some experienced IV members have. (He said if job titles are different than you have issues...) There are many people hanging on to their current employer due to confusion on this issue and potential effect on pending GC.
and the great question continues to haunt: can a person keep working legally on EAD status if his/hers I-485 gets revoked in error by CIS? or he will be forced to resign from a new job when his MTR is being filed or in progress??? This is really killing me. Who has the answer? if anyone knows, please please share!
lazycis, chanduv - anyone to comment on above new information???
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vandanaverdia
09-12 01:18 AM
Great initiative... Hope some people come forth & contribute.
more...
reddymjm
07-14 10:31 PM
I understand your pain ( I am in the same boat ). EB3-I PD:June 2003. All we can do is keep the struggle going.
Why should you contribute, because if it wasnt for IV following up with Congresswoman Lofgren, your signature would simply read:
"PD Date: 03/2003 EB3,i140 aprvd from NSC: 09/2005".
I am a JUN filer. JUL 07 killed me.
Why should you contribute, because if it wasnt for IV following up with Congresswoman Lofgren, your signature would simply read:
"PD Date: 03/2003 EB3,i140 aprvd from NSC: 09/2005".
I am a JUN filer. JUL 07 killed me.
pankajkakkar
09-11 11:46 AM
through Google Checkout.
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jimytomy
04-11 08:15 PM
@AllVNeedGCPC : Did you get any updates on your I-485 ?
@gene77 : Any update on your REF ?
Thanks!
jimytomy
@gene77 : Any update on your REF ?
Thanks!
jimytomy
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smisachu
09-28 10:38 PM
If this is indeed true then we must high light this and make it our next issue. This is a poster child of USCIS's careless work and sloppyness.
more...
PHANI_TAVVALA
09-01 01:47 PM
Been here since August 1995 - came on F1 undergrad
and counting. Looks like you were out of luck. You would have been an citizen if you started your greencard pre-1999.
and counting. Looks like you were out of luck. You would have been an citizen if you started your greencard pre-1999.
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GCwaitforever
12-26 03:00 PM
Bad news unless they allow mass conversion of TR applications into non-RIR. Imagine they took two years to get rid of 220,000 easier applications (2005 and 2006). Now they are left with some of the old TR applications and they must be thinking of how to meet the September deadline. I would not be surprised if they ask for an extension, citing processing difficulties.
more...
pmpforgc
03-05 09:58 PM
Entire world is turning up against immigration. It is beyond individual/group control to lobby for changes in that area.
It is on the threshold of the time. Right now we as individuals still can make a decision to continue to be in US and wait it out or go back to our home country.
But if this trend continues, I am afraid, some new law will make that decision for us to send us all back. It is just around the corner. Worst part is we can't do a thing about that.
So want to blame anyone, blame your politicians of your native country for creating such a mess that people wanted to move to a different country.
I agree fully with you.
in our home country we have hard time to walk in cities because of exploding population.
Hard to get clean water, air, milk and everything else
Education system is detoriating day by day because of privatization, private institutions only look for profit and dont care mostly for their students. Fortunately they have billion people to get customers. Our engineers are mostly unemployable
Property values are rising to extreme level beyond affordability of common man. Poverty rate is increasing day by day. Agriculture is detoriating and we are not a manufactuting masters. Our engineers are getting poor in quality day by day and scientist get frustated every day because of injust system so try to migrate every where else. We can never survive as country creating softwares or answering calls for long time. It might serve us for short period.
Morality. Corruption, attitude of peoples and so-called social net work (which is even more selfish then US) are even hard to compare with other countries where relations and systems are more open and frank. In our home country on surface every thing looks good but if you try to look below it is hard to say how supefecious it is.
so in short if we are hear only because we wanted GC, then we should leave in next flight to home. But if you have seen any other advantages of being here then hangin, GC will come. Dont wait for GC every day, just live your life and enjoy it to full extent.
It is on the threshold of the time. Right now we as individuals still can make a decision to continue to be in US and wait it out or go back to our home country.
But if this trend continues, I am afraid, some new law will make that decision for us to send us all back. It is just around the corner. Worst part is we can't do a thing about that.
So want to blame anyone, blame your politicians of your native country for creating such a mess that people wanted to move to a different country.
I agree fully with you.
in our home country we have hard time to walk in cities because of exploding population.
Hard to get clean water, air, milk and everything else
Education system is detoriating day by day because of privatization, private institutions only look for profit and dont care mostly for their students. Fortunately they have billion people to get customers. Our engineers are mostly unemployable
Property values are rising to extreme level beyond affordability of common man. Poverty rate is increasing day by day. Agriculture is detoriating and we are not a manufactuting masters. Our engineers are getting poor in quality day by day and scientist get frustated every day because of injust system so try to migrate every where else. We can never survive as country creating softwares or answering calls for long time. It might serve us for short period.
Morality. Corruption, attitude of peoples and so-called social net work (which is even more selfish then US) are even hard to compare with other countries where relations and systems are more open and frank. In our home country on surface every thing looks good but if you try to look below it is hard to say how supefecious it is.
so in short if we are hear only because we wanted GC, then we should leave in next flight to home. But if you have seen any other advantages of being here then hangin, GC will come. Dont wait for GC every day, just live your life and enjoy it to full extent.
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raydhan
03-08 10:13 AM
Here's the link for the live hearing of the Judiciary Committee
http://www.capitolhearings.org/
Click on room Dirksen 226 and let everyone know what you hear. Not all have access to internet from work
Enjoy!
This is the right link. It is very clear today. Interesting discussion.
http://www.capitolhearings.org/
Click on room Dirksen 226 and let everyone know what you hear. Not all have access to internet from work
Enjoy!
This is the right link. It is very clear today. Interesting discussion.
more...
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arihant
03-13 12:26 PM
Here is a link to the following article:
http://www.govexec.com/story_page.cfm?articleid=33580&dcn=todaysnews
Looks like they have not come to the immigration issues yet.
Senate panel votes to double size of border force
By Michael Posner, CongressDaily
The Senate Judiciary Committee voted Thursday to add more border agents, investigators and fencing to stem rising illegal immigration as it worked its way through a major immigration reform bill.
In its third day of marking up the bill, the committee discussed nearly 30 amendments, approving a dozen of them by voice vote and postponing the rest for action next week.
In action during the day, the committee agreed to authorize over five years more than 10,000 new customs and border patrol agents, 1,000 investigators, and 1,250 port of entry inspectors. There was a dispute between Sen. Dianne Feinstein, D-Calif., principal author of the amendment to boost the number of border agents, and Sen. Jeff Sessions, R-Ala., over exactly how many border patrol agents would be added in addition to the 11,300 border agents now. Committee staff said they would have to resolve the exact numbers later.
In addition, the committee adopted also by voice an amendment by Sen. John Kyl, R-Ariz., to replace some existing fencing in Arizona and add more than 200 miles of barriers to improve border security in Arizona only. Sessions has said he planned to offer an amendment on the Senate floor to put up some 700 miles of fencing to block off some of the 2,000 miles of U.S. border with Mexico. The committee also agreed to an amendment by Sen. Edward Kennedy, D-Mass., for a study to study the feasibility of more fencing along the entire border.
The committee made more progress than it did Wednesday when only three relatively minor amendments were adopted after spending all day with many senators absent, preventing a voting quorum.
"We're on our way," said Committee Chairman Arlen Specter, R-Pa., Thursday. "We had a good session." Specter is trying to meet a target set by Senate Majority Leader Bill Frist, R-Tenn., to start debate on an immigration bill on March 27. Specter indicated yesterday it might not meet that goal because of the slow pace of deciding on amendments.
The committee is working its way through a 306-page draft proposed by Specter to beef up enforcement and deal with the estimated 11 million illegal aliens living in the United States by allowing qualified undocumented workers to continue working as a way to earn eventual citizenship. He also has proposed a separate guest worker program allowing foreigners to enter the country for up to six years to take jobs that cannot be filled.
Both provisions are highly controversial and are considered the heart of the bill but debate on those matters will not take place until next week at the earliest. The committee plans to work next Wednesday and Thursday on immigration.
The House passed a bill last year that deals mainly with enforcement and does not address the thorny guest worker issue.
In other amendments, the committee agreed to a Feinstein amendment to allow immigrants to stay in the United States if it was discovered their papers or passports were falsified. The immigrants would have to prove there was "a credible fear of prosecution" as the reason passports were forged to get out of countries with dictatorships.
A Sessions' plan was approved that would jail immigrants found to be illegal instead of releasing them pending immigration hearings. He argued many of those released never show up for immigration hearings and disappear. Sessions also won committee endorsement to make it a crime to run a vehicle past a customs checkpoint without stopping.
Three amendments by Sen. Charles Grassley, R-Iowa, met no opposition. One would require the Department of Homeland Security to make public foreign ownership of management operations that involve national security as a way to prevent officials being surprised by situations like the Dubai port management controversy.
A Grassley proposal to allocate more immigration investigators to inland states like Iowa won easy approval. So did one to make immigrants convicted of drunk driving one of the crimes subject to deportation.
An amendment by Sen. Sam Brownback, R-Kan., extending a law allowing foreign doctors to practice in mainly rural areas with physician shortages, also gained approval.
And an amendment by Sen. Tom Coburn, R-Okla., for expedited deportation instead of incarcerating convicted illegal immigrants was also accepted. Sen. John Cornyn, R-Tex., won approval of his proposal to bar violent criminals from sponsoring foreigners seeking entry into the United States.
http://www.govexec.com/story_page.cfm?articleid=33580&dcn=todaysnews
Looks like they have not come to the immigration issues yet.
Senate panel votes to double size of border force
By Michael Posner, CongressDaily
The Senate Judiciary Committee voted Thursday to add more border agents, investigators and fencing to stem rising illegal immigration as it worked its way through a major immigration reform bill.
In its third day of marking up the bill, the committee discussed nearly 30 amendments, approving a dozen of them by voice vote and postponing the rest for action next week.
In action during the day, the committee agreed to authorize over five years more than 10,000 new customs and border patrol agents, 1,000 investigators, and 1,250 port of entry inspectors. There was a dispute between Sen. Dianne Feinstein, D-Calif., principal author of the amendment to boost the number of border agents, and Sen. Jeff Sessions, R-Ala., over exactly how many border patrol agents would be added in addition to the 11,300 border agents now. Committee staff said they would have to resolve the exact numbers later.
In addition, the committee adopted also by voice an amendment by Sen. John Kyl, R-Ariz., to replace some existing fencing in Arizona and add more than 200 miles of barriers to improve border security in Arizona only. Sessions has said he planned to offer an amendment on the Senate floor to put up some 700 miles of fencing to block off some of the 2,000 miles of U.S. border with Mexico. The committee also agreed to an amendment by Sen. Edward Kennedy, D-Mass., for a study to study the feasibility of more fencing along the entire border.
The committee made more progress than it did Wednesday when only three relatively minor amendments were adopted after spending all day with many senators absent, preventing a voting quorum.
"We're on our way," said Committee Chairman Arlen Specter, R-Pa., Thursday. "We had a good session." Specter is trying to meet a target set by Senate Majority Leader Bill Frist, R-Tenn., to start debate on an immigration bill on March 27. Specter indicated yesterday it might not meet that goal because of the slow pace of deciding on amendments.
The committee is working its way through a 306-page draft proposed by Specter to beef up enforcement and deal with the estimated 11 million illegal aliens living in the United States by allowing qualified undocumented workers to continue working as a way to earn eventual citizenship. He also has proposed a separate guest worker program allowing foreigners to enter the country for up to six years to take jobs that cannot be filled.
Both provisions are highly controversial and are considered the heart of the bill but debate on those matters will not take place until next week at the earliest. The committee plans to work next Wednesday and Thursday on immigration.
The House passed a bill last year that deals mainly with enforcement and does not address the thorny guest worker issue.
In other amendments, the committee agreed to a Feinstein amendment to allow immigrants to stay in the United States if it was discovered their papers or passports were falsified. The immigrants would have to prove there was "a credible fear of prosecution" as the reason passports were forged to get out of countries with dictatorships.
A Sessions' plan was approved that would jail immigrants found to be illegal instead of releasing them pending immigration hearings. He argued many of those released never show up for immigration hearings and disappear. Sessions also won committee endorsement to make it a crime to run a vehicle past a customs checkpoint without stopping.
Three amendments by Sen. Charles Grassley, R-Iowa, met no opposition. One would require the Department of Homeland Security to make public foreign ownership of management operations that involve national security as a way to prevent officials being surprised by situations like the Dubai port management controversy.
A Grassley proposal to allocate more immigration investigators to inland states like Iowa won easy approval. So did one to make immigrants convicted of drunk driving one of the crimes subject to deportation.
An amendment by Sen. Sam Brownback, R-Kan., extending a law allowing foreign doctors to practice in mainly rural areas with physician shortages, also gained approval.
And an amendment by Sen. Tom Coburn, R-Okla., for expedited deportation instead of incarcerating convicted illegal immigrants was also accepted. Sen. John Cornyn, R-Tex., won approval of his proposal to bar violent criminals from sponsoring foreigners seeking entry into the United States.
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chanduv23
10-24 03:19 PM
jsut follweod up with my lawyer and Iwas told that my old company doesnot usaully revoke 140's unless the person left the company b4 the setforth dates as part of GC agreement (4yrs or b4 getting gc ) or the person discharged for some other reason...
HOWEVER i am still not taking chances and am participating int his campn. and alreay sent email as requested..tx guys
Lets none of us assume that if ex employer does not revoke 140 we are fine. We must ensure that erroneous denials are stopped.
HOWEVER i am still not taking chances and am participating int his campn. and alreay sent email as requested..tx guys
Lets none of us assume that if ex employer does not revoke 140 we are fine. We must ensure that erroneous denials are stopped.
more...
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royu
08-23 05:57 PM
Well explained.
Most of EB2 falls into : 1.Advanced Degree-(where most of us fall into ) it is either masters or Bachelors+5 years
Till now there is no proposal to change the above.
The internal memo is for Extraordinary Ability quota, and it is in comment period. It is not implemented yet.
The similar kind of restriction should be applied for EB1 - multinational executive quota.
Most of EB2 falls into : 1.Advanced Degree-(where most of us fall into ) it is either masters or Bachelors+5 years
Till now there is no proposal to change the above.
The internal memo is for Extraordinary Ability quota, and it is in comment period. It is not implemented yet.
The similar kind of restriction should be applied for EB1 - multinational executive quota.
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GCOP
08-13 04:01 PM
I believe, as mentioned earlier by willwin; we should meet the congress members to win their support for Visa Recapture Bill. IV is requested to set up the date and meetings. We are ready to participate.
more...
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rajuram
09-01 09:40 PM
Came in Sept 99, still waiting ....seems more like a century. Survived a major blunder by the lawyer...
god help me and all others !
god help me and all others !
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gcbikari
07-15 01:30 PM
Done for $5.00 thru DCU online '7YF4N-J8Q4S'. It asked for phone # which I found in Contact Us information of IV. Will definitely do many times in future.
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ivar
12-11 02:12 PM
There could be lots of folks who missed July 07 fiasco. For the people who were able to file during July 07 that EAD is working as good as green card for now.. wish we could. Here is my case if that makes you feel little better that there are lots of people who missed the boat, I Had approved labor with PD Mar 06 and I-140 and i changed my Job in Mar 07 because of issues with desi company. I never imagined that dates will become current in just three months.. :mad:
Now i am still waiting for my labor.. I recently got three years H1b extension. This extension seems like green card to me :o
I share your pain buddy.I also miss the July 2007 fiasco by 1 month due to my &^@#$% lawyer who took 1 year to apply for labor and kept me in dark .The most painful thing is to see my wife's frustration who inspite of job offers can't join becoz company does not want to sponsor.Just being optimistic is the only hope.
Now i am still waiting for my labor.. I recently got three years H1b extension. This extension seems like green card to me :o
I share your pain buddy.I also miss the July 2007 fiasco by 1 month due to my &^@#$% lawyer who took 1 year to apply for labor and kept me in dark .The most painful thing is to see my wife's frustration who inspite of job offers can't join becoz company does not want to sponsor.Just being optimistic is the only hope.
MDix
03-03 04:31 PM
That is not true, my lawyer who is very influential and he has some good contacts he told me that this year spill-over would be different form last year. I was stupid so didn�t believe him about July 2007, and paying it for now for not having EAD.
I know this is hard to believe especially if something comes from lawyer.
Looks like MDix is making fun of EB3-I bcoz current law doesn't allow any spillover for EB3-I category. Damn you MDix.
Thank's
MDix
I know this is hard to believe especially if something comes from lawyer.
Looks like MDix is making fun of EB3-I bcoz current law doesn't allow any spillover for EB3-I category. Damn you MDix.
Thank's
MDix
skv
06-25 10:25 AM
No
Hi,
Back again, I'm counting the days for the PERM approval at Atlanta, hope we all be able to file, before the retro kicks in. :)
Hi,
Back again, I'm counting the days for the PERM approval at Atlanta, hope we all be able to file, before the retro kicks in. :)
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