Monday, July 4, 2011

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  • andy garcia
    06-15 01:55 PM
    No one can travel on EAD. EAD is for employment authorization. AP is for travel. You cant mix and match the purpose of them.

    If you dont need to travel or if you have a valid H1 stamp for travel, dont file for AP. If you want to travel and if your stamp has expired and dont want to apply for new stamp, then file for AP.

    If you want to work for your employer and continue there and if you are sure of your job security, then you dont need EAD, and dont apply for EAD. However its a good idea since EAD is a great option of you are suddenly fired or laid off. EAD makes it easy to search for jobs coz the employer doesnt have to file your H1 and you can join them immediately without any hassles.

    You are correct. When I filed on 2005 I did not apply for either AP or EAD. My H1 was valid until May 2007 and I do not intend to change jobs or travel(my country is too dangerous :mad: ).
    I am already 55 :rolleyes: and am not going anywhere.
    In January 2007 I filed EAD myself and got it approved in 40 days. My lawyer was charging me $400 to file it.





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  • krishmunn
    04-01 03:12 PM
    Link please..

    Shusterman’s Immigration Update April 2011 | Carl Shusterman (http://shusterman.com/newsletterusimmigrationapril2011.html)





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  • msekhargc
    01-08 10:25 AM
    great idea.
    I will send the letters after returing from India





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  • WAIT_FOR_EVER_GC
    08-14 11:20 AM
    Today I received my card in the mail.
    CPO Greened on 8/3/10 .
    Card Received : 8/13/10.

    Wait_for_ever's wait_is_over now.



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  • Edison99
    03-31 01:58 PM
    Thanks pappu for the updates!
    During the discussions on 1485 filing provisions we there were questions related to EB2, EB3 backlog numbers post 2007 july + Based on the recent information we got on pending numbers + our discussion on if EB2 will get current this year helps us understand how the last quarter will behave. This analysis is not official and is our own interpretation based on information we know. We do not wish to seek out specific information on visa bulletins. It has not been IV policy. VBkris has been involved with IV statistical analysis of data and has been in meetings with officials. He has come up with an explanation to this news and how it may play out for the last quarter. His interpretation makes sense to me and I have asked him to post on the forum.





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  • 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.



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  • desi3933
    08-07 12:44 PM
    ...
    ...


    I guess Mr. Sunshine will be out then, he said he is shit scared that he is going to loose his job...Dude, I say go home, NOW, aren't you ashamed about your sorry job....

    I strongly disagree with you. No one has right to say to anyone else to go home.

    We may not agree with SunnySurya for this lawsuit, but we should keep debate civilized. No personal attacks please.

    ___________________________
    Permanent Resident since 2002





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  • smisachu
    01-29 09:17 AM
    AP can be used to re-enter and you can continue on your H1 if it is valid. Your H1 is invalidated only if you use EAD.
    I just came back to US using AP, I had booked an appointment for Visa interview. But after seeing the PIMS mess I decided to use AP. It was very smooth and easy.


    A question though: is'nt it abandoning your H1B1 visa tenure if you enter on AP even with a valid H1B remaining?[/QUOTE]



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  • starscream
    09-11 01:38 PM
    bump





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  • greencardvow
    06-26 02:26 PM
    What is the Period of Stay Form. Is there a format for this form.



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  • acecupid
    07-09 06:55 PM
    What you guys are talking about ... Walter reed is the best place for the flowers to go, with all what is going on in there ... the media will eat this news . DO not Cancel whatever you Do do not cancel instead call the media and let them know........... This is even better.

    Can we do a blood drive next as protest! seriously. Donate blood as protest and for media attention.


    I would donate blood if there was any left after my blood sucker employer sucked me dry!:D





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  • vvicky72
    02-26 09:53 PM
    I appeared for an interview on Feb 11 (H1b renewal and H4b renewal case).
    Was asked to wait a week for an email and was given the yellow form.
    Its been 16 days and no reply yet.
    Does anyone know how long the wait will be?
    How can I follow this up with the Mumbai consulate?
    Is there a way I can cancel my application and go back on AP?



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  • sri1309
    09-15 09:12 AM
    Looks like they do not publish the e-mail address to contact congressman. You can send e-mail only through contact your rep system where you can send only to your local rep. If your ZIP code does not match the congressman's district, then you cannot send him the mail. Even to Judiciary committee chairman !!!!!!!!!!!
    The only alternative is to send fax. I don't know how I can send so many faxes when I don't have fax at my home.
    IV core: Any solution??? About 20 support messages are at stake from my side alone.

    Guys,

    I got these addresses in case you want to use:. I got the list from one of the forums here. If something is not OK or the list itself, please let me know and I can change it. Else to be safe, I will send these today in the next 2-3 hrs based on responses here.
    Thanks,
    Sri.

    Majority Members (Democrats)
    Member Name DC Phone
    Luis V. Gutierrez (D-IL) 202-225-8203
    2266 Rayburn Building
    Washington, DC 20515



    Howard L. Berman (D-CA) 202-225-4695
    Congressman Howard L. Berman
    2221 Rayburn House Office Building
    Washington, D.C. 20515
    Phone: (202) 225-4695




    Sheila Jackson-Lee (D-TX) 202-225-3816
    Washington Office
    2435 Rayburn Building
    Washington, DC 20515




    mS. Maxine Waters (D-CA) 202-225-2201
    2344 Rayburn House Office Building
    Washington, DC 20515-0535
    Phone: (202) 225-2201




    Bill Delahunt (D-MA) 202-225-3111
    Washington, DC
    2454 Rayburn House Office Building
    Washington, DC 20515
    202-225-3111




    Linda T. Sanchez (D-CA) 202-225-6676
    dont find,



    Artur Davis (D-AL) 202-225-2665
    208 Cannon H.O.B.
    Washington, D.C. 20515
    (202) 225-2665 (phone)



    Keith Ellison (D-MN) 202-225-4755
    The Honorable Keith Ellison
    1130 Longworth House Office Building
    Washington, DC 20515
    Phone: (202) 225-4755



    Anthony Weiner (D-NY) 202-225-6616
    1122 Longworth HOB
    Washington, DC 20515
    202.225.6616



    Minority Members (Republicans)

    Member Name DC Phone


    Steve King (R-IA) [Ranking Member]202-225-4426
    Washington, D.C.
    1609 Longworth Office Building
    Washington D.C. 20515

    Elton Gallegly (R-CA) 202-225-5811
    Office of Congressman Elton Gallegly,
    2309 Rayburn HOB, Washington, DC 20515-0523




    Bob Goodlatte (R-VA) 202-225-5431
    2240 Rayburn House Office Building
    Washington, DC 20515


    Dan Lungren (R-CA) 202-225-5716
    Congressman Dan Lungren
    2448 Rayburn House Office Building
    Washington, DC 20515


    J. Randy Forbes (R-VA) 202-225-6365
    307 Cannon House Office Building
    Washington, D.C. 20515
    (202) 225 - 6365

    Louie Gohmert (R-TX) 202-225-3035
    510 Cannon HOB
    Washington, DC 20515





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  • file485
    01-24 11:55 PM
    Milind...

    good writing skills in that pain too...
    a 10 on 10 on that...

    thanks for the post before even people book their tickets via British babu's place..



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  • chanduv23
    09-13 08:58 PM
    I got CPO on September 10th
    Changed to Decision on September 11th
    Changed to CPO again on September 13th, today

    Looks like a cycle :)

    Waiting for actual cards.





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  • qasleuth
    11-23 11:16 AM
    qasleuth - You do not even deserve my reply. So you are free to write anything that you want!

    why ? is that how you respond to a co-worker or manager at work, if you do not agree with them ? Repond like a grown up with rational arguments.
    Setting aside moral and ethical arguments: three of your five suggestions are plain wrong, financially speaking:
    taking new credit cards, buying a new car, renting an apartment. Interest rates are not locked and do you know, financial institutions can close your account and ask for the balance ? renters run credit report every time you extend your lease and can kick the renter out. These transactions may seem seamless for a person with decent credit but are extremely damaging for a person with very poor credit.

    Leo2606, Being ethical is not a fancy word in business, in the long run (I am not talking about decades) your partners, customers and lenders will know about your practices and run away. Ethics and Morals are not something you take lightly especially when you are running your own business.

    Take time to read some of the references listed here

    http://en.wikipedia.org/wiki/Business_ethics


    Being unethical can lead to legal problems apart from business losses. There is prudence and judgement which needs to be exercised, does not mean you do not have to be smart.



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  • fatjoe
    10-06 04:43 PM
    A basic question. What is POJ?





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  • arkrish68
    09-09 05:38 PM
    I wanted to put down the various steps I undertook or have happened since my PD got current in hopes that it might help anybody...

    PD: Nov 2005 EB2 @ NSC got current in August.

    We were in India when my wife got a FP notice in July. Missed it completely but was lucky that the lawyer realized we were on vacation and requested a postponement of FP appointment.

    The original FP appointment notice was for July 7th and we never received a second appointment notice until Aug 20th.

    In the meanwhileI travelled back to USA and opened SRs, Infopass and sent emails to NSC, Opended an Ombudsman inquiry, contacted senators separately for myself and for my wife. I got GC approval on August 10th.

    My wife had her FP taken on Sept 3rd and today we received CPO email for her too. Good luck to all who are waiting and I suggest do everything you can like SRs, emails, contacting senators, ombudsman inquiry, infopass appts. Not sure what worked.

    My Main conern was that my AOS (principal applicant) would be stalled because my spouse (dependent) had expired FPs and we missed an appointment. Apparently this turned out not to be the case.

    Thanks IV for a lot of useful information. All the best to everybody.


    Can you please let me know how to initiate ombudsman inquiry.





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  • chanduv23
    03-25 10:10 AM
    Another reason the companies give nowadays is "Unfortunately it is a government project and we cannot accept EAD status" - am baffled as to why they are OK with Green card and not EAD.





    vbkris77
    04-01 12:54 PM
    I don't disagree with any of the statements.. It is totally personal decision for someone to donate or not.

    I agree that there is no silver bullet in any analysis. It is a number crunching game.. What is important is follow-up after analysis, which is only possible with IV.


    Dems want votes and more Hispanics
    GOP want more temps since it is very good for business
    Lawyers want more money so they are not interested in solutions. They are in it for money
    Individuals want their greencard just in time and not worry about the guy right behind them..
    tracker websites need traffic to get money from adds, so they don't want solution..



    Thanks for your kind words, its people like you who motivate me to analyze the data and create interpretations for all of us. Believe me its all very simple but has been only possible with news, inputs, suggestions and critique from all its really teamwork. Only together we have been able to come to understand how best we can predict what the future holds for us. Nobody claims or guarantees for accuracy however we do try our best to give out the most up to date forecast. Many folks like and appreciate this and it brings traction and new members to IV. Nobody is discounting that advocacy is not important it really is important. However the characterization of freeloader by some is extremely unfortunate I would attribute it simply to their lack of understanding. VBKRIS it�s absolutely yours and IV prerogative to keep information in the Donor forum to respect hose who contribute financially, however in the internet age information travels very fast.





    vkrishn
    08-19 03:46 PM
    Folks,
    I got a call from the Ombudsman Office today morning was told that my case is in "transit". When is asked her what it means she told it is going to be reviewed by an IO. I got the similar response to my SR that "your case is pending adjudication by IO" so don't know what to make out of it in the sense that its been removed from the shelf and sitting in some pile and IO will get to it when he/she can?

    Did any one get their GC approved after their case was in transit? How long did it take?



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