needhelp!
01-12 05:46 PM
Please add personal details to your letter which will make it unique. I put info of my educational background, work, and a bit about how long i have been waiting and how it affects me.
Your friends need to be informed! Please email them.
Your friends need to be informed! Please email them.
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gc4me
11-18 11:01 AM
I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.
If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.
Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm#10.
Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.
Thank you for your cooperation.
Sincerely,
CIS Ombudsman
(cmp)
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.
If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.
Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm#10.
Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.
Thank you for your cooperation.
Sincerely,
CIS Ombudsman
(cmp)
psaxena
06-10 02:01 PM
If your so called L1 brothers are not helping us by going thru the process.. why the hell do we help them.. Over that, these suckers always try to push us down whenever they get a chance , as they just don't want to and cannot empathize with our situations. People like these are the cause of the most of the trouble that we have everywhere in the world. They should learn, that the whole world follows "How to get in line".
STOP SUPPORTING THOSE SUCKERS.. THEY NEVER AND WILL BE OF ANY HELP TO YOU OR ANYONE ELSE.
L1FRAUD.. you had been talking a lot. have had you formally filed the complaint. even if you are a tunnel rat, i dun mind i always support what is right.. even if you are tunnel rat , unfortunately still I agree with you.. as for the first in your whole life you are right.
People please stop posting against our L1 brothers.
Just because you are not getting your own greencard fast enough, you are posting against L1s. If you had an opportunity, you will also apply as L1 for greencard. Did you all not try for Labor Subs? Antis are posting such messages to provoke you. If they want to report, let them report. Why creating fake profiles and posting against our L1 brothers.
STOP SUPPORTING THOSE SUCKERS.. THEY NEVER AND WILL BE OF ANY HELP TO YOU OR ANYONE ELSE.
L1FRAUD.. you had been talking a lot. have had you formally filed the complaint. even if you are a tunnel rat, i dun mind i always support what is right.. even if you are tunnel rat , unfortunately still I agree with you.. as for the first in your whole life you are right.
People please stop posting against our L1 brothers.
Just because you are not getting your own greencard fast enough, you are posting against L1s. If you had an opportunity, you will also apply as L1 for greencard. Did you all not try for Labor Subs? Antis are posting such messages to provoke you. If they want to report, let them report. Why creating fake profiles and posting against our L1 brothers.
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chanduv23
03-24 10:47 AM
Your response would depend on how badly you want this job.
Most times the hiring staff doesn't know the law and are too lazy. Anything out of the ordinary, they just reject.
If you want the job, you don't want to appear like a trouble maker. So, you could just write back politely that you were surprised by the disqualification since the Department of Homeland Security (do not write USCIS) had issued the EAD and enquire if they know that DHS guides employers against discrimination towards EAD holders. You can mention or attach form I-9.
Alternatively if you want to hold their feet to the fire, you can contact a lawyer. Hiring a lawyer should get their attention. Let the lawyer contact them. And also let DHS know about this employer. Write to them.
In any case, we cannot let employers come up with their own laws after we have gone through so much to get to the EAD stage. The law is the law and we are following it.
Do we have direct online link to this information?
Most times the hiring staff doesn't know the law and are too lazy. Anything out of the ordinary, they just reject.
If you want the job, you don't want to appear like a trouble maker. So, you could just write back politely that you were surprised by the disqualification since the Department of Homeland Security (do not write USCIS) had issued the EAD and enquire if they know that DHS guides employers against discrimination towards EAD holders. You can mention or attach form I-9.
Alternatively if you want to hold their feet to the fire, you can contact a lawyer. Hiring a lawyer should get their attention. Let the lawyer contact them. And also let DHS know about this employer. Write to them.
In any case, we cannot let employers come up with their own laws after we have gone through so much to get to the EAD stage. The law is the law and we are following it.
Do we have direct online link to this information?
more...
mirage
08-21 09:44 PM
I have read it in Ron Gotcher's forum that what Sept bulletin talked about was only for Mexico and people should not mix it with EB-3 India. Also Apr'2001 was the PD given to the asylum(245i) cases by the Clinton administration. But with dates moving to Nov'2001 I believe that hump have gone past. My personal belief is EB-3 India should go around Jun-2002. But In case it remains in 2001, EB-3 Indians should take some drastic decisions. You may call me pessimist but I don't see any help coming from the congress, rather there could be some weird irrational decisions which could leave us paralysed. There are more foes than friends in the congress and lawmakers do what there pupil tells them to do. Right now the under current in US is anti immigrant..
Here's a quote from the Sept Visa bulletin http://travel.state.gov/visa/frvi/bulletin/bulletin_4328.html
June cutoff for EB3-I was Nov 2001. So worse than this means, the cutoff will be eariler than Nov 2001. And I picked Apr 2001 as the lower bound just because, Apr 2001 is a very well known time frame where the PDs just hung there forever for EB3....dig around in the forums to know more about Apr 2001 and its relation to EB3, backlogs, etc....
Here's a quote from the Sept Visa bulletin http://travel.state.gov/visa/frvi/bulletin/bulletin_4328.html
June cutoff for EB3-I was Nov 2001. So worse than this means, the cutoff will be eariler than Nov 2001. And I picked Apr 2001 as the lower bound just because, Apr 2001 is a very well known time frame where the PDs just hung there forever for EB3....dig around in the forums to know more about Apr 2001 and its relation to EB3, backlogs, etc....
DallasBlue
09-27 02:18 PM
http://www.ailf.org/lac/lac_pa_chrono.shtml
http://www.ailf.org/lac/mandamus-jurisdiction9-24-07%20PA.pdf
1. What are the general arguments that the government makes to dismiss a mandamus/APA case for lack of jurisdiction?
The government�s motions to dismiss for lack of jurisdiction are filed pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure (FRCP). The government generally makes some combination of the following four arguments, all of which center on alleged agency discretion with respect to adjudication of adjustment applications:
� That USCIS does not have a duty to adjudicate an adjustment application and therefore an essential element of the mandamus claim is missing;
� That the pace of adjudication of an adjustment application is discretionary and therefore not subject to mandamus relief;
� That adjudication of adjustment applications is committed to agency discretion by law and not subject to APA relief; and
� That 8 U.S.C. � 1252(a)(2)(B)(ii), which limits judicial review over certain discretionary issues in immigration cases, bars review of these mandamus and APA cases.
2. In responding to a motion to dismiss, can I argue that at least some of the issues raised by the government are not jurisdictional?
Yes. An initial response to a government motion to dismiss for lack of jurisdiction is to question whether, in fact, the government has raised a jurisdictional challenge. The Supreme Court has distinguished between jurisdiction � which is the court�s power to hear the case � and the sufficiency of a valid cause of action. See, e.g., Steel Co. v. Citizens for a Better Environment, 523 U.S. 83, 89 (1988); see also Ahmed v. DHS, 328 F.3d 383, 386-87 (7th Cir. 2003) (distinguishing between the court�s power to adjudicate the case, which is jurisdictional, and the court�s power to grant relief, which is not jurisdictional).
The failure to state a valid cause of action calls for a judgment on the merits and not for dismissal for want of jurisdiction. Bell v. Hood, 327 U.S. 678, 682 (1946). The Supreme Court has made clear that:
�jurisdiction � is not defeated � by the possibility that the averments might fail to state a cause of action on which petitioners could actually recover.� Rather, the district court has jurisdiction if �the right of the petitioners to recover under their complaint will be sustained if the [ ] laws of the United States are given one construction and will be defeated if they are given another ��
Steel Co. v. Citizens for a Better Environment, 523 U.S. at 89 (quoting Bell, 327 U.S. at 682, 685). Thus, one court has held that in resolving whether mandamus jurisdiction is present in an immigration case, the allegations of the complaint are taken as true (unless patently frivolous) to avoid �tackling the merits under the ruse of assessing jurisdiction.� Ahmed, 328 F.3d at 386-387.
Applying these principles, the Seventh Circuit held in Ahmed that the question of whether a statute imposed a �duty� on the government for purposes of mandamus relief was not a jurisdictional question. As the court explained:
[T]he district court has jurisdiction under � 1361 [the mandamus statute] to determine whether the prerequisites for mandamus relief have been satisfied: does the plaintiff have a clear right to the relief sought; does the defendant have a duty to perform the act in question; and is there no other adequate remedy available. � A conclusion that any one of those prerequisites is missing should lead the district court to deny the petition, not [for lack of jurisdiction], but because the plaintiff has not demonstrated an entitlement to this form of extraordinary relief.
Ahmed, 328 F.3d at 386-87.
Thus, where the government claims that jurisdiction is lacking because a prerequisite to mandamus is missing, the plaintiff can respond by arguing that this is not a jurisdictional question and cannot lead to dismissal under Rule 12(b)(1). Most likely, you also will want to address the substance of the challenge, also, as an alternative way to dispute the government�s motion. See, e.g., � 3, below.
http://www.ailf.org/lac/mandamus-jurisdiction9-24-07%20PA.pdf
1. What are the general arguments that the government makes to dismiss a mandamus/APA case for lack of jurisdiction?
The government�s motions to dismiss for lack of jurisdiction are filed pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure (FRCP). The government generally makes some combination of the following four arguments, all of which center on alleged agency discretion with respect to adjudication of adjustment applications:
� That USCIS does not have a duty to adjudicate an adjustment application and therefore an essential element of the mandamus claim is missing;
� That the pace of adjudication of an adjustment application is discretionary and therefore not subject to mandamus relief;
� That adjudication of adjustment applications is committed to agency discretion by law and not subject to APA relief; and
� That 8 U.S.C. � 1252(a)(2)(B)(ii), which limits judicial review over certain discretionary issues in immigration cases, bars review of these mandamus and APA cases.
2. In responding to a motion to dismiss, can I argue that at least some of the issues raised by the government are not jurisdictional?
Yes. An initial response to a government motion to dismiss for lack of jurisdiction is to question whether, in fact, the government has raised a jurisdictional challenge. The Supreme Court has distinguished between jurisdiction � which is the court�s power to hear the case � and the sufficiency of a valid cause of action. See, e.g., Steel Co. v. Citizens for a Better Environment, 523 U.S. 83, 89 (1988); see also Ahmed v. DHS, 328 F.3d 383, 386-87 (7th Cir. 2003) (distinguishing between the court�s power to adjudicate the case, which is jurisdictional, and the court�s power to grant relief, which is not jurisdictional).
The failure to state a valid cause of action calls for a judgment on the merits and not for dismissal for want of jurisdiction. Bell v. Hood, 327 U.S. 678, 682 (1946). The Supreme Court has made clear that:
�jurisdiction � is not defeated � by the possibility that the averments might fail to state a cause of action on which petitioners could actually recover.� Rather, the district court has jurisdiction if �the right of the petitioners to recover under their complaint will be sustained if the [ ] laws of the United States are given one construction and will be defeated if they are given another ��
Steel Co. v. Citizens for a Better Environment, 523 U.S. at 89 (quoting Bell, 327 U.S. at 682, 685). Thus, one court has held that in resolving whether mandamus jurisdiction is present in an immigration case, the allegations of the complaint are taken as true (unless patently frivolous) to avoid �tackling the merits under the ruse of assessing jurisdiction.� Ahmed, 328 F.3d at 386-387.
Applying these principles, the Seventh Circuit held in Ahmed that the question of whether a statute imposed a �duty� on the government for purposes of mandamus relief was not a jurisdictional question. As the court explained:
[T]he district court has jurisdiction under � 1361 [the mandamus statute] to determine whether the prerequisites for mandamus relief have been satisfied: does the plaintiff have a clear right to the relief sought; does the defendant have a duty to perform the act in question; and is there no other adequate remedy available. � A conclusion that any one of those prerequisites is missing should lead the district court to deny the petition, not [for lack of jurisdiction], but because the plaintiff has not demonstrated an entitlement to this form of extraordinary relief.
Ahmed, 328 F.3d at 386-87.
Thus, where the government claims that jurisdiction is lacking because a prerequisite to mandamus is missing, the plaintiff can respond by arguing that this is not a jurisdictional question and cannot lead to dismissal under Rule 12(b)(1). Most likely, you also will want to address the substance of the challenge, also, as an alternative way to dispute the government�s motion. See, e.g., � 3, below.
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new_horizon
01-31 11:59 AM
My wife had her first time H1 visa appmt at chennai on Jan 22, 08...she got her passport back the next day at the VFS counter.
I had my visa renewal appointment at Toronto on Jan 23, 08, but I had to wait for 4 business days after interview to get my passport back. I got it only on Jan 29th.
Hope this info helps.
I had my visa renewal appointment at Toronto on Jan 23, 08, but I had to wait for 4 business days after interview to get my passport back. I got it only on Jan 29th.
Hope this info helps.
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puddonhead
10-09 05:15 PM
Your router may have the problem.
You need to buy a good router. Your phone is good with long range.
WiFi is 2.4 GHZ.
5.8 GHZ phone will have many disadvantages.
The BEST choice for cordless phone for range, and lack of interfearance is a DECT phone.. the 1.9Ghz range is a licenced radio frequency for the exclusive use of cordless phones, unlike any other cordless phone frequency (900Mhz, 2.4Ghz, 5.8Ghz.) and as it is lower in frequency (aside from 900 Mhz) it operates with the furthest distance than any cordless phone.
Aah - okay, I stand corrected. I did not know DECT phones run on 1.9 GHz.
Anyway - both the links I provided are DECT phones. So they should still be good if you are in the market for a phone :-)...
You need to buy a good router. Your phone is good with long range.
WiFi is 2.4 GHZ.
5.8 GHZ phone will have many disadvantages.
The BEST choice for cordless phone for range, and lack of interfearance is a DECT phone.. the 1.9Ghz range is a licenced radio frequency for the exclusive use of cordless phones, unlike any other cordless phone frequency (900Mhz, 2.4Ghz, 5.8Ghz.) and as it is lower in frequency (aside from 900 Mhz) it operates with the furthest distance than any cordless phone.
Aah - okay, I stand corrected. I did not know DECT phones run on 1.9 GHz.
Anyway - both the links I provided are DECT phones. So they should still be good if you are in the market for a phone :-)...
more...
transpass
08-18 12:34 PM
We received the snail mail welcome notice today after receiving the email ADIT stuff last Tuesday (August 10). That makes it five business days. On the notice it says that we should receive our permanent resident card within three weeks. Anybody who actually received it within three weeks?
I received it within a week...
CIS sent welcome notice on 8/2, and they sent the cards on 8/9...
But this was early Aug. Now it may take few days more due to many approvals in the pipeline..When you receive another update (like post decision activity) saying that they mailed decision notice, that usually means they mailed the cards...
I received it within a week...
CIS sent welcome notice on 8/2, and they sent the cards on 8/9...
But this was early Aug. Now it may take few days more due to many approvals in the pipeline..When you receive another update (like post decision activity) saying that they mailed decision notice, that usually means they mailed the cards...
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drona
07-11 03:14 PM
We created a new thread on this topic since people are reporting on media coverage here. Thanks for your input.
http://immigrationvoice.org/forum/showthread.php?t=10027
http://immigrationvoice.org/forum/showthread.php?t=10027
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man-woman-and-gc
09-16 02:01 AM
I have started by calling the Democrats..will go thru the list Republicans next.
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Bpositive
10-07 04:52 PM
BPositive, Sorry to hear that, I am about to apply for AP. My PD is nov 2004, EB2 -I . I am next in line to loose the money. Did you apply online?
Good old hardcopy and mail
Good old hardcopy and mail
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abhijitp
07-31 06:07 PM
You are trying to say I can sign an application then mail it with just fee. You think they will accept without any Initial Evidence. I know about them relaxing condition on Medical. When did they relax it for all other Initial Evidence as well.
But I agree, these two things are different. Only medicals have been relaxed by USCIS via its press release. Since a lot of the lawyers have sent without some initial evidence, AILA should use its proven;-) negotiation skills to get USCIS to issue a new press release which ascertains that only singatures and filing fees are required at this time.
But I agree, these two things are different. Only medicals have been relaxed by USCIS via its press release. Since a lot of the lawyers have sent without some initial evidence, AILA should use its proven;-) negotiation skills to get USCIS to issue a new press release which ascertains that only singatures and filing fees are required at this time.
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axp817
09-20 07:06 AM
Did anyone see any Soft LUDs on their 485 or old EADs before their approvals/RFEs?
My PD is June 7 2006, not current. Yesterday, I had a soft LUD on my 485 and my first EAD. These two haven't seen any activity since early 2009, and I'm wondering if this means anything or if I'm reading into this a little too much.
thanks,
My PD is June 7 2006, not current. Yesterday, I had a soft LUD on my 485 and my first EAD. These two haven't seen any activity since early 2009, and I'm wondering if this means anything or if I'm reading into this a little too much.
thanks,
more...
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shahuja
02-04 05:02 PM
Please keep on updating this thread. If you have got your passport or are still waiting. The information will help others.
Thank You.
Today 23rd day..and still waiting for PP..
H1B renewal at New Delhi embassy..
singhv, are you also waiting for your pp ?? what is your case and status ?
Thank You.
Today 23rd day..and still waiting for PP..
H1B renewal at New Delhi embassy..
singhv, are you also waiting for your pp ?? what is your case and status ?
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ItIsNotFunny
11-06 10:43 AM
Too lazy
Too scary
Too selfish
So far I am lazy. I am sending them today.
Its pity that we call our selves as most educated intellectual group but can't stand for group efforts. Intelligence has no value if you can not stand for yourself. This is why Joe the plumber gets more attention than us.
Too scary
Too selfish
So far I am lazy. I am sending them today.
Its pity that we call our selves as most educated intellectual group but can't stand for group efforts. Intelligence has no value if you can not stand for yourself. This is why Joe the plumber gets more attention than us.
more...
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SunnySurya
08-07 11:42 AM
Good for you..
People yet another case who is going to crossover to the EB2 line...
I was not planning to file for EB2, but after all this hoopla you have created, I got highly motivated. I am going ahead with it. I don't know your PD, I hope, really hope it is later then 5/04 as I will interfile to EB2... very soon.....stop me if you can!!!
GCCovet
People yet another case who is going to crossover to the EB2 line...
I was not planning to file for EB2, but after all this hoopla you have created, I got highly motivated. I am going ahead with it. I don't know your PD, I hope, really hope it is later then 5/04 as I will interfile to EB2... very soon.....stop me if you can!!!
GCCovet
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kkarun
09-14 02:42 PM
Recieved much awaited emails yesterday, "Card Production Ordered" email.
My PD is 03/13/2006, I didn't do anything special like calls to USCIS, emails, inquiries etc. Just waited for my turn.
I wish good luck everyone waiting for GC.
My PD is 03/13/2006, I didn't do anything special like calls to USCIS, emails, inquiries etc. Just waited for my turn.
I wish good luck everyone waiting for GC.
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kannan
01-09 11:33 AM
letters alrady sent
prinive
07-09 06:57 PM
Guys, IV is monitored closely.
ItIsNotFunny
11-11 05:57 PM
Bump ^^^^
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