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  • gcny2006
    07-11 12:17 AM
    This is a three page article, but worth the read. Especially, I didn't think it would mention my name -->
    http://www.washingtonpost.com/wp-dyn/content/article/2007/07/10/AR2007071002055.html?referrer=emailarticle
    Redemption Maan !!

    Anand Sharma

    I hate to be nitpicking but

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

    Bajaj its not migrationits immigration. bird migrate people immigrate





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

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





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  • walking_dude
    01-10 11:53 AM
    Please don't give much credence to 'conspiracy theory' posts by paranoid folks like H1bmajdoor who live in fear of their own shadows. Neither do they understand the difference between a law AC21 and regulations ( USCIS frames these) nor do they care to learn. Their ignorance causes them fear, and fear causes them to act irrationally.

    It's best to ignore such losers who beam negative-energy. Their penchant for inaction is a self-fulfilling prophecy that dooms their life. Nothing will happen to them in life, as they don't do anything to make things happen! . Don't join their league.





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  • ilwaiting
    06-29 05:08 PM
    DEAR GOD!!!!!! THIS APPEARS TRUE. THEY ARE CALLING FOR PLAINTIFFS.

    American Immigration Law Foundation (AILF) Seeks Plaintiffs for the Lawsuit on Visa Bulletin Fiasco

    The AILF is an affiliate of the AILA and its litigation arm. They are seeking the victims who would participate as plaintiffs in the lawsuit by the organization against the government agencies relating to the outrageous and lawlessness of the agencies involving the management of immigrant visa numbers and implementing the visa bulletin in compliance with the law. Please contact your attorneys if you are willing to participate in the lawsuit.



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  • syzygy
    06-29 04:27 PM
    This is height of torture and inhumna treatment in world's most advanced country. On top of it, it is torture of most educate class Wow !



    This is so ridiculous....these OH Law Firm lawyers have to be kidding! Who postpones/suspends work based on rumors? I would get fired from my job if I stopped coding just because there was a rumor that the release date was being postponed!!!!

    Thanks,
    Jayant





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  • gc28262
    06-13 10:36 PM
    The L1 visas done by the outsourcing companies are the main reason for the employment problem. These companies like TCS, Wipro etc.. bring people in L1A, L1B blamket visas to do the common development/Business Analysis/Project Management job in the client site.

    There is no quota for L1 Visas. They can bring any # of people they want. Per law the L1A s should be of senior managerial position with at least 4 subordinates working under them in US and L1B should be of specific skill very important for the project and not available in US. But the most of the L1As from these companies are just programmers/BAsor small PMs. They are directly controlled by their client manager.

    The main intent of these our sourcing companies is to send the employees on L1 and the employees are constantly told to somehow transfer the project to offshore.

    The L1 frauds should defenitely be reported. I totally support this initiative to report the L1 frauds committed by these outrsourcing companies.

    I understand your point. But this is exactly what anti-immigrants complain about H1Bs. ( depressing wages, outsourcing etc)

    It is interesting that we are using anti-immigrant's arguments to pin L1s.



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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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  • logiclife
    01-19 06:37 PM
    However, if there is so much noise over immigration in general, then atleast there is hope of comprehensive immigration bill being considered by Senate which will lead to overall comprehensive legislation -- a vehicle that can carry legal immigration reform also.

    Nice post APNAIR.

    --logiclife.



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  • ras
    09-30 02:37 PM
    I already took Vonage world phone. I am happy with it. However, I happened to see somewhere in the thread about Lingo offering india calling even through the mobile. That had me give a second thought on switching over to Lingo.

    However, when I read the fine print on the lingo site, it mentions you cannot call Mobile phones in India. This catch makes me go crazy. Can some one confirm how are they handling with this constraint. Is that still a good option to switch over vonage to lingo based on this single feature?

    Thoughts are welcome...





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  • krishnam70
    06-19 11:43 AM
    Factoryman,

    Apprecaite ur taking time and responding to my query. When I said add to mother's file I was quoting USCIS rep, earlier I was speaking to them and they mentioned something of that nature. I will call again tomorrow and speak with different rep to see what they say. I am the principal applicant in this case. If we could read and understand the AILA handbook none of us would need to go to an attorney for anything. I am here to get advise from people who may have already done it and learn from their experience. Once gain please share your experiences on this so others can benefit from it.

    thanks
    kris

    From 485 form
    Form G-325A, Biographic Information Sheet.

    You must submit a completed Form G-325A if you arebetween 14 and 79 years of age.



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  • psaxena
    09-24 12:52 PM
    THe reason USCIS is showing low numbers for the reason that , no one will then raise the question for recpature. Looking at the numbers they will say, O, the numbers are so low, whats the need for recapture and we will be left hanging cold and dry.

    This is a plot of a well planned strategy.

    Something is screwed up.....

    Mexico has over 2000 cases in April 2001 yet its PD is May 1st 2001
    India has less 500 cases in April 2001 yet its PD is Apr 15 2001
    This along with CIS giving "bad/incorrect" data to IV is indication of someone's malicious intentions.

    I appreciate IV's effort in getting FOIA executed and now working on aftermath of it.

    For people who are angered with whats been going on in last couple of days. All I can say is to try volunteering for IV even for a month.





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  • grupak
    03-25 04:05 PM
    I believe that as long as interviewing is concerned companies may have the right not to interview particular kind ("EAD holders" for an example) and interview particular kind ("GC Holder for an example..)


    Not a lawyer, obviously :) , but the first line on I-9 about discrimination covers "hiring, discharging, or recruiting or referring... It is illegal to discriminate against work eligible individuals."



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  • seekerofpeace
    10-05 09:30 PM
    Guys,

    Thanks for your wishes. As much as I feel it as a journey I still consider myself lucky seeing so many people with PDs earlier than me both for EB2 and EB3 still languishing. We all consider FIFO to be fair and it is hard for us to decipher why it is not followed by DHS.

    My suggestion to you all is that if you are told that your case is with an IO ask him or her if an email can be sent to that IO that you are concerned. This is exactly what I told Janet on Friday, one of the good CSRs from TSC. I had told her that knowing a case is with an IO is of no help to me if that IO is on vacation or is sick or is not aware that the case is current.

    Also if you guys had followed my never ending streak of mails, I had mentioned that my wife had got a call from a CSR at DC probably in response to her SR that I opened or my concerned and frustrated mail to Napolitano...she was told that her case is with an IO and that since the case was transfered her Biom had not been uploaded and that she is ordering new Biom request and she should get it done...I had told her that by the time we receive it the visas may be over and also how come I am approved....moral of the story is "THEY KNOW NOTHING" as Jim Cramer used to say.

    The only person I found reliable was this Ms Beck at TSC who I was fortunate to get hold of exactly 2 weeks back and she had told that we don't need new FP and Biom it just needs updating by the IT dept and she is sending a request to that effect...I had asked her how long should it take and she had told me 2 weeks..she also told me you will get your card b4 your wife.....and she may be a bit delayed but will get approved.

    So guys from TSC keep trying and hope to get this Ms Beck...you can alway ask the person's batch number and name and don't waste your time if you get someone else.

    All the very best and hang in there...

    SoP





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  • ingenix
    09-09 12:01 PM
    Called up all the above



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  • lost_in_gc_land
    02-16 01:31 AM
    Hi all,
    I am planning for a trip to india and get my first visa stamping done some time in may. My visa was approved in july 2007. Does anyone think that this issue will prolong till may? Or will all these database updates for the PIMS verification checks be complete by then? Any inputs will be highly appreciated. Thanks.

    Hi Bhagyesh,
    From what I have gathered in the PIMS ruling is that cases approved after the PIMS ruling implementation will be put in the database first followed by cases that were approved prior...
    Anyone else gather this from the PIMS ruling please let me know...and correct me if I am wrong.





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  • shukla77
    01-10 08:58 PM
    Wow.. I am super motivated now..I am gonna try the same with the people who work for me and see how it works.... just kidding... :D:D:D:D I will send letters on saturday...

    Good Luck

    IV has not done anything that could have a negative impact on your green card processing. IV is striving hard to change your lives.

    Shame on those who are scared or pessimistic. All you people do is to gaze at the sky and wait for the stars to fall.

    If you are so scared - how will u raise your children? What will u teach them? Cowardice? Will U teach them to run away from issues? Will u teach them how to not cooperate?



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  • mallu
    01-26 01:25 PM
    It really is amazing how much hot air has been generated on this thread over a well established transit visa requirement.

    The reason transit visas are required in the UK is that many passengers with an intention to transit the UK have stayed. The transit visa was introduced as a way of making sure (as much as possible) that the passenger has the intention and the ability to transit the UK and to enter a third country.

    The list of nationals that are required to have a visa to transit the UK represents a list of countries where there has been a particular problem with over stayers. It is not race based, but merely an effort to target the problem.

    It really does not matter what anyone thinks about the transit visa requirement because it is UK law. Everyone has a choice whether or not to transit the UK. Going back to the original post, to book a ticket without researching visa requirements and then trying to deflect personal responsibility by blaming the visa requirement is ridiculous.

    If one doesn't like transit policy of a country, just avoid that transit point, rather than putting curse on that country ( or try changing the policy of that country through democratic means, if one can ).





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  • flipflop
    08-17 02:01 PM
    Just sharing my history:

    Category: EB2 India (Bachelors engg + 6 years of exp)
    PD: Feb 3 2006
    I-485 Filed Date: July2 2007 NSC
    I-485 Received Date: Aug 9 2007 NSC

    First (and last) Fingerprint: Oct 26 2007

    last LUD before Approval: Feb 3 2009 (probably pre-adjudicated at this time)

    4th Aug 2010: Card Production Ordered
    9th Aug 2010: Received Welcome letter in smail mail.
    11th Aug 2010: Got I-485 Approval Email
    16th Aug 2010: Received physical cards for me and spouse (letter said they were dispatched on Aug 11).

    Any RFE: No
    Any SR opened: No
    Contacted USCIS/Infopass: No
    Contacted Congressman/senator/ombudsman: No





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  • snathan
    09-09 06:10 PM
    Just called Howard L. Berman's office and staff told me he is supporting the bill.
    :D:D:D





    kshitijnt
    07-13 02:30 PM
    I pity Gonzales now, may be Chertoff called him up and said why on the earth is he responding to flower campaign? Or may be Walter Reed Soldiers refused to accept mourning flowers. LOL....

    I smell something fishy... is it just me???


    If that is a case then maybe Chertoff needs some flowers





    glus
    07-11 07:13 AM
    I am happy this was already posted. My story finally got outhere.

    Jakub