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  • Saralayar
    01-15 10:35 AM
    Please register and vote positively, . Once logged in, search for immigration. AND vote for all the issues that are relevant for us. EB2 and EB3.. Vote for Legal immigrants

    http://citizensbriefingbook.change.gov

    Search for Citizenship also. It is posted in the Homeland Security and Foriegn Policy.





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  • makemygc
    01-24 10:33 PM
    No more 1 year multiple entry TV. I was issued only 2months multiple entry with visa expiring just after 15 days of my return.

    With all due sympathies, this is one of the funniest posts I have read in a long time....It helps to lighten up a bit every now and then considering we are all in this for a long haul...

    Anyway, just wanted to let you know that I went through London back in 2004 and my experience was completely different. I went to the NYC consulate to get my TV for $50, yes just $50 and the whole paper work etc was done in less than 30min and I had to go back after 2 hours to collect my passport with a 1 year multiple entry stamped on it.

    My point being, I think they have changed a lot of rules and made it more stringent after the recent security threats etc.

    Getting a GC soon is our saviour





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  • DallasBlue
    08-12 02:44 PM
    http://www.ailf.org/lac/clearinghouse_mandamus.shtml


    Plaintiffs' Arguments

    Plaintiffs have responded to USCIS with legal arguments summarized below. The case citations provide recent examples of cases where the courts have agreed with plaintiffs' arguments. For further discussion of the elements of a successful mandamus complaint, see AILF's Practice Advisory, "Mandamus Actions: Avoiding Dismissal and Proving the Case."

    1) Plaintiffs have a clear right to have their adjustment applications and visa petitions adjudicated in a timely manner.

    Plaintiffs maintain that the right to adjudication is derived from USCIS's mandatory duty to process the applications and the fact that plaintiffs are the intended beneficiaries of the applications. See 8 C.F.R. 245.2(a)(5)(i) (providing that the "applicant shall be notified of the decision of the director and, if the application is denied, the reasons for the denial"); Haidari v. Frazier, No. 06-3215, 2006 U.S. Dist. LEXIS 89177, *10 (D. Minn. 2006) (holding that 8 C.F.R. � 209.2 creates a nondiscretionary duty to adjudicate adjustment applications).


    The plaintiffs' right to a timely adjudication, though not explicit in the regulation, is present in section 555(b) of the Administrative Procedure Act, which requires that "with due regard for the convenience and necessity of the parties or their representatives and within a reasonable time, each agency shall proceed to conclude a matter presented to it." See Haidari, 2006 U.S. Dist. LEXIS 89177 at *11. To determine if a delay is unreasonable, courts examine the reasons for delay. For example, they look to whether USCIS asked for the FBI name check in a timely manner and whether USCIS failed to timely process the applications before requesting the name check and after receiving the information from the FBI. See Haidari, 2006 U.S. Dist. LEXIS 89177 at *16-17; Singh v. Still, No. 06-2458, 2007 U.S. Dist. LEXIS 16334, *13-14 (N.D. Cal. 2007) (reasoning that respondents failed to explain why it took two-and-a-half years to initiate a security check with the FBI, why no action was taken to follow up with the FBI until the mandamus suit was filed, and why it took so long to process plaintiff's initial fingerprints); Aboushaban v. Mueller, No. 06-1280, 2006 U.S. Dist. LEXIS 81076, *14 (N.D. Cal. 2006) ("[t]he FBI's delay in processing plaintiff's name check remains largely unexplained, and the remainder of defendants' arguments do not adequately excuse the delays plaintiff encountered.").


    2) USCIS has a nondiscretionary duty to process applications and petitions.

    USCIS has the discretion to grant or deny the application, but this does not bear on the nondiscretionary duty to make a decision on the application or petition. See Razaq v. Poulos, No. 06-2461, 2007 U.S. Dist. LEXIS 770, *9-10 (N.D. Cal. 2007) (reasoning that the fact that there is no specific deadline in the statute or regulation does not change the ministerial duty to process the application). In addition, INA � 242(a)(2)(B)(ii), 8 U.S.C. �1252(a)(2)(B)(ii), does not strip the court of jurisdiction to hear mandamus actions because no "decision or action" has taken place within the meaning of the statutory language. See Haidari, No. 06-3215, 2006 U.S. Dist. LEXIS 89177 at *13-14 (D. Minn. 2006) (reasoning that because plaintiffs have neither been denied nor granted relief, � 242(a)(2)(B) does not bar jurisdiction); Li Duan v. Zamberry, No. 06-1351, 2007 U.S. Dist. LEXIS 12697, *6-7 (W.D. Pa. 2007) (finding that INA � 242(a)(2)(B) does not apply because the pace of the adjudication of applications is not the type of discretionary "action" contemplated by the statute). For more information and earlier case law addressing discretionary decisions after the REAL ID Act please see AILF Practice Advisory, "Federal Court Jurisdiction Over Discretionary Decisions After REAL ID: Mandamus, Other Affirmative Suits and Petitions for Review."


    3) There is no other remedy available to plaintiffs.

    Plaintiffs also have argued that waiting for security checks to be completed is not an adequate remedy. The fact that plaintiffs are waiting is the exact harm plaintiffs are seeking to remedy. See Singh, No. 06-2458, 2007 U.S. Dist. LEXIS 16334 at *23-24 (N.D. Cal. 2007) ("waiting for an agency to act cannot logically be an adequate alternative to an order compelling the agency to act. . .") (citations omitted); Haidari, No. 06-3215, 2006 U.S. Dist. LEXIS 89177 at *15 (D. Minn. 2006) (reasoning that waiting is not an adequate remedy because the question is whether plaintiffs have an adequate alternative remedy to the waiting itself).





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  • indio0617
    09-26 10:13 AM
    Though I like Obama as a person who promises positive change, I am afraid this will turn into disaster for all of us.

    If all of you had watched the drama unfolding last year with CIR and Durbin's proposed draconic measures you will all know what is in store for us. We all know who will be pulling the strings as far as immigration policy making goes with democrats in the white house.



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  • newbee7
    06-29 05:02 PM
    This disclaimer in VB, does not say "mid-month". It takes about cut off dates via bulletin only. Also, this means USCIS put some thought behind the time they will have to announce cut-off dates. They new the demand will ber "very heavy".

    **
    All Employment Preference categories except for Third �Other Workers� have been made �Current� for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.
    **





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  • malaGCPahije
    08-07 02:16 PM
    First let me state that I need people like you to proceed and hence I will be happy to answer the points you rasied to the best of my ability:

    We all agree that there is severe backlog. Only way the backlog will alleviate is by increasing visa numbers, which not going to happen any time sooner.
    So some people (and I know around 10 of them) what they are doing is the following:
    They got the chance to file their 485 last July , which is pending. They are now contacting several small desi consulting firms to file for their fresh labor in EB2 category. Once their labor is filled and new I-140 is approved, they plan to attach new I-140 to the original 485 and hence effectively convering to Eb2 category but with priority dates in 2002 and 2003 (because original I-140 had that priority). Worst, they would never join that desi consulting firm...

    This how the system is being gamed. If I know 10 such cases, I am sure there must be thousand like that.Now you tell me , isn't that unfair to the people already in Eb2 line as well as the ones who do not know how to game the system

    By the way: If any one is interested, I know of three such consulting firms that can do for you for a fee.

    you want to file a lawsuit because of 10 people you know game the system, thereby negatively impacting many more people who are moving to new jobs to climb the ladder and may benefit by the rule as a side-effect. Should you then not file a lawsuit against the people who play the game indicating that they are not even joining the company that sponsored their GC? I am now really confused whom you are against.

    Either way, I would not support any lawsuit. If someone is smarter to get his way ahead of me, it is good for him/her. I cannot blame my status on someone else's intelligence/ smartness. If I do not know how to play the game, it is my problem (it actually is, hence I am stuck). But that is OK. I am happy the way I am.



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  • skynet2500
    06-28 10:02 PM
    My lawyer said he will mail it tomorrow. He told me that it would reach on 2'nd. He is using FedEx





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  • pani_6
    09-15 11:28 PM
    Call them once, twice , thrice;)



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  • baleraosreedhar
    08-21 05:11 PM
    Hi All

    I think we should not loose hope and feel USICS will wake up and resolve all this mess

    1) 4-6 years back there was big mess of labour blachole: people started rasing their voices, companies started writing letters and finally they started BackProcessign centers, streamlined process and finally labours were approved

    2) I 140 was taking hell of a time: people started writing letters and ther esult was Premium processing( Even though they have s toppe dit now but still USCIS had listed to us and gave a path to resolve our issues)

    So taking all these into perpective, I think all EB3 folks should not loose their heart, but we should make an effort to appraise USCIS,Congress,Senators of the pain of EB3 folks who are waiting for a long time to get their american dream realized.

    So dont get dishearted or loose ur focus by others comments, no one dreamed in 2003 that labours will be approved,but still they got approved.So today we maybe facing lot of negative vibes and comments that it snot going to happen and no law tells the EB3 should get their visa's before EB2.So my fellow EB3ians PLEASE write as many letters as possible, as many calls as possible to make it happen.

    It all starts with a dream, a zeal to achieve it.So I think it is possible if we make a collective effort .





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  • sayantan76
    01-24 08:56 PM
    Indians do not need a visa to go to Hong Kong also and these days Singapore for those in transit (upto 96 hrs).
    dont forget nepal and bhutan



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  • pappu
    01-07 07:11 PM
    LETTER TEMPLATE #3

    <<DATE>>

    The Honorable George W. Bush
    President of the United States
    The White House
    1600 Pennsylvania Avenue NW
    Washington, DC 20500

    Dear Mr. President:

    My name is <<FIRST NAME>> <<LAST NAME>> and I have been living as a tax-paying and law-abiding individual in the United States since <<YEAR>>. I work for <<COMPANY>> in <<CITY>> <<STATE>> as <<JOB TITLE>>. Although my employer intends for me to continue working permanently, the green card process so severely backlogged that I will wait another <<EXPECTED WAIT YEARS>> before becoming a permanent resident of the United States.

    Waiting in this probationary limbo is really starting to affect the quality of my life. It is an unnecessary burden to keep renewing temporary visas year after year and face an element of risk every time I return from international travel; but the worst of all is that wait times are becoming longer and longer, sometimes 6-12 years, and I will be forced to start the entire process over again if I choose to accept a promotion anytime in between. The broken legal immigration system is badly in need of fixes.

    Mr. President, your Domestic Policy Council has recognized the importance of employment-based immigration in the February 2006 report on the American Competitiveness Initiative which states:

    "The President also recognizes that enabling the world's most talented and hardest-working individuals to put their skills to work for America will increase our entrepreneurship and our international competitiveness, and will net many high-paying jobs for all Americans. The United States benefits from our ability to attract and retain needed immigrant and non-immigrant students and workers, and it is important that America remains competitive in attracting talented foreign nationals."

    I appeal to you, Mr. President, to facilitate the retention of the best and brightest from around the world by executing the following administrative fixes as an immediate interim measure:

    • Recapture administratively the unused visas for permanent residency to fulfill the congressional mandate of 140,000 green cards per year.

    • Revise the administrative definition of "same or similar" to allow slight additional job flexibility for legal immigrants awaiting adjudication of adjustment of status (I-485) petitions.

    • Allow filing of Adjustment of Status (Form I-485) when a visa number is not available.

    • Implement the existing interim rule to allow issuance of multi-year Employment Authorization Documents (EAD) and Advance Parole.

    • Allow visa revalidation in the United States.

    • Reinstate premium processing of Immigrant Petitions.

    I am only one among over 500000 highly skilled immigrants represented by Immigration Voice, and we are all counting on you to give us this much needed breathing room while we wait in line to live our American dream.

    Thank you very much for considering my requests.

    Yours Sincerely,

    <<NAME>>
    <<ADDRESS>>
    <<PHONE NUMBER>>





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  • beautifulMind
    06-16 09:02 PM
    who is your lawyer



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  • veeru123
    02-27 01:57 PM
    Interview date: February 6th
    Consulate: Chennai
    Case: H4 for my wife(Same firm three year extension for my H1B)
    PIMS verification done by DOS on February 25th
    Passport sent to VFS for delivery on February 26th

    To those who did not get it yet, I suggest calling the DOS (202-663-1225) in the US and find out what is happening. They are more likely to give you better information than your lawyer or the consulate staff in India. I wish the consulate staff in India were more courteous.

    Extension cases are taking longer than new petitions. Typical processing times 10-15 days. In our case it took 11 working days for verification.

    To those who intend to travel to India for a new Visa stamp, call the DOS and verify that your information is in the system. Just tell them that you need to travel and would rather make sure the information is in place and then make travel arrangements. If you just have a week's vacation time be prepared for flight extensions as it takes more than a week to process the extension cases.





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  • leoindiano
    10-14 09:02 PM
    my case is assigned to IO on sept 17th. Still waiting.... EB2I - Nov 2004. TSC...



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  • singhv_1980
    02-05 01:40 PM
    I've been stuck in India now for 55 days !:mad:

    I am sure you must have given this information earlier but can you please tell me where did you apply? And was it your first stamping or a renewal case?

    Also are u stuck coz of PIMS or 221 g clause?

    Thanks





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  • Openarms
    03-10 04:10 PM
    This is a great idea and please continue this effort and will do for any contributions. Let us know the action item.



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  • rcr_bulk
    08-25 03:56 PM
    Ask them to connect you to the head/Senior executive. I did the same thing with my local cable+phone and was connected to a the head of their customer Service. That person connected me to more senior marketing person. That marketing person called me and emailed me to discuss. The company had no idea about Vonage plan and seemed unprepared to have a strategy to stop the exodus of its customers to Vonage.

    All of you can do the same. When more people do it, it will generate market demand and customer demand that money hungry capitalist companies cannot ignore. If you do not do it, then one company will have monopoly over this market.
    I agree.





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  • eager_immi
    07-14 05:03 AM
    LOU DOBBS TONIGHT

    http://transcripts.cnn.com/TRANSCRIP...28/ldt.01.html

    I have posted sections from his trascript .......

    "Counterattack: President Bush's Veto Threat; Showdown Over Iraq; Danger Zone? Aired March 28, 2007 - 18:00 ET"

    DOBBS: Your view is -- well, let me just ask you this. If we could put up a slide here, because this is something most people don't talk about, gentlemen, I would just like to hear your view.

    We bring in 2 million people a year into this country legally, and I would like if we could have that information up on the screen so our audience at home could see it.

    BILBRAY: More than the rest of the world combined.

    DOBBS: It's pretty remarkable. Two million people legally admitted to the United States each year. Four hundred thousand H1 visas each year. Nine hundred thousand other employment visas each year. Six hundred thousand student visas issued each year. Four hundred fifty-five thousand temporary employment transfers granted.
    In addition, over 700,000 legal citizens. In addition, a million permanent residents. My gosh, what in the world are you folks talking about?

    FLAKE: I say thank goodness we do.

    DOBBS: You and me both -- let me say when you say thank goodness we, do, partner, I am just as excited about legal immigration. I'm more excited, I think, probably because it puts the lie to the nonsense of the president of the United States is saying that we cannot operate in this country without a guest worker program. We have tons of guest worker programs. What in the world are we doing?

    FLAKE: Well, when you have nearly five percent of the current work force here is illegal and our economy is doing well with that five percent working, what are we going to do? Are you going to deport five percent of the work force? If you are -- but if you can see we need them, then we need more legal immigration. BILBRAY: Lou, stop paying them to be here. You don't need to deport them. We didn't ship them in. It took 30 years of encouraging people to pay people to be here illegally. Stop paying them. Quit giving them benefits for being here illegally.

    DOBBS: Do you think your legislation is going to succeed?

    FLAKE: I do. I do. I think it's finally time. We - in Arizona, let me tell you, we need it desperately in Arizona.

    DOBBS: Well, it's always good to have a forecast. We'll see how the rain falls.

    All right. Thank you very much, Congressman Flake for being here. Good to talk to you.

    Congressman Bilbray, good to talk with you.

    BILBRAY: You keep up the good work.

    DOBBS: You too. Thank you.

    And up next at the top of the hour, THE SITUATION ROOM and Wolf Blitzer. Wolf.


    (COMMERCIAL BREAK)

    DOBBS: The results of our poll, 94 percent of you say Congress should retain its constitutional power and prerogative in trade policy.

    Thanks for being with us tonight. THE SITUATION ROOM starts right now with Wolf Blitzer. Join us at 8:00. Wolf, to you.

    TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.voxant.com





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  • needhelp!
    09-09 05:55 PM
    List has been updated with IV members' feedback.
    Lets continue calling.





    ilwaiting
    06-20 04:28 PM
    My company has 2 offices. I have an approved 140(software Engineer) from my current firm's branch office located in Iowa, where I would be working after getting GC. My W2 for last few years shows that I'm paying taxes for Iowa state. But my current H1B states the sponsoring employer as the local office in NY(Programmer).

    So on G325A what should I write as my current employer. Sould it be NY office or Iowa office?

    I think it has to be whats in my current H1B because GC is future job. But if anyone could confirm that would be great.





    485Mbe4001
    10-03 03:51 PM
    What is the root cause for namecheck issues ? the Ombudsmans report mentions
    a) the value/benefit of the name check process is undecided.
    b) lack of resources and funding to process all the name checks.
    (premium processing will provide those funds)

    immigration relief like recapture, more visas etc require congressional approval and i dont think we will see any till mid 2009 after the election is settled.

    Like 140 premium that program will be first suspended and then dumped eventually because there are resource and Process problems internally.

    Unless you fix root causes - these Premium things ain't going to work.



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