chanduv23
09-21 09:38 AM
Approved on Sep 10th, got physical cards on Sep 20th. Best wishes to all who are still in the journey.
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glus
07-11 07:13 AM
Posted by the Journal News
Visa mix-up brings flood of flowers in protest
By LEAH RAE
Hundreds of legal immigrants are resorting to a new tactic this week in their pursuit of green cards: sending flowers to the head of U.S. Citizenship and Immigration Services.
The publicity stunt follows lobbying efforts and lawsuits protesting a sudden change in the rules that govern employer-sponsored immigrants. After rushing to submit green-card applications by July 2, the immigrants were told at the last minute to keep waiting.
Notes being delivered to Emilio Gonzalez, head of USCIS, along with the bouquets skip over the pleasantries and speak directly to the bureaucracy.
"Kindly do not return our I-485 petitions in July," the messages say, "and honor the original DOS visa bulletin."
The dispute concerns a U.S. Department of State bulletin from mid-June, dictating who could apply for an immigrant visa. The application is the final hurdle in getting a green card, or permanent residency. Because of a backlog, immigrants spend years waiting their turn, but the unusual June bulletin gave most job-based immigrants the go-ahead to apply.
Jakub Gorecki, who lives in Spring Valley, hurried to get his paperwork together in time. The thick packet of documents - medical exams, vaccination records, a birth certificate from Poland, a $325 application fee - was to arrive July 2 at USCIS, he said.
But that morning, a new bulletin came out, canceling the offer. No applications would be accepted until the new fiscal year in October.
The reversal sent Gorecki and others back to a limbo state.
Continued at..
http://www.thejournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350/1026/NEWS10
This is about me. I was photographed yesterday!!
Visa mix-up brings flood of flowers in protest
By LEAH RAE
Hundreds of legal immigrants are resorting to a new tactic this week in their pursuit of green cards: sending flowers to the head of U.S. Citizenship and Immigration Services.
The publicity stunt follows lobbying efforts and lawsuits protesting a sudden change in the rules that govern employer-sponsored immigrants. After rushing to submit green-card applications by July 2, the immigrants were told at the last minute to keep waiting.
Notes being delivered to Emilio Gonzalez, head of USCIS, along with the bouquets skip over the pleasantries and speak directly to the bureaucracy.
"Kindly do not return our I-485 petitions in July," the messages say, "and honor the original DOS visa bulletin."
The dispute concerns a U.S. Department of State bulletin from mid-June, dictating who could apply for an immigrant visa. The application is the final hurdle in getting a green card, or permanent residency. Because of a backlog, immigrants spend years waiting their turn, but the unusual June bulletin gave most job-based immigrants the go-ahead to apply.
Jakub Gorecki, who lives in Spring Valley, hurried to get his paperwork together in time. The thick packet of documents - medical exams, vaccination records, a birth certificate from Poland, a $325 application fee - was to arrive July 2 at USCIS, he said.
But that morning, a new bulletin came out, canceling the offer. No applications would be accepted until the new fiscal year in October.
The reversal sent Gorecki and others back to a limbo state.
Continued at..
http://www.thejournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350/1026/NEWS10
This is about me. I was photographed yesterday!!
roseball
09-24 08:39 PM
Any body know why there are 3341 cases in March 2005 in EB2 I category, is this about the time PERM came?With out quarterly spill over bulletin is going to get stuck in March 2005 till the end of the USCIS financial year.
Yes, PERM was introduced on 28th Mar'05. I guess the high number of EB-2s was due to employers rushing to file under the old system.
Yes, PERM was introduced on 28th Mar'05. I guess the high number of EB-2s was due to employers rushing to file under the old system.
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pranju
06-15 02:40 PM
Does the A# belong to primary applicant or it can be written in Spouse Application too ?
more...
chanduv23
01-10 03:26 PM
I know that is ACT. But USCIS can interpret the provisions and make adjustments like what we are requesting. Similarly it can , IF THEY WANT TO, include a provision saying the job not only need to be in similar field, but it shall be in the same labor market because that is where you got your labor. I am not saying this is going to happen just because IVs effort.
If the intent of the similar job requirement is not to hurt the local talent because that is that job that is advertised for, the restriction of the same labor market will serve the same purpose.
That is a legitimate doubt and concern for some.
Chandu, I have great respect for your enthusiasm , but why do you have to be so hostile to a person that does not seem to think the way you are thinking. Different people react differently for the same news. I am not sure your rant has any back ground with any other post by the people you are pissed off about ;)
And the above answers concerns some may have and shuts them up. Shouting at them definitely will not help any body's cause. What has getting a GC to do with how you raise your children ?
Since when this immigration is a BIG issue in USA...... remember the BIG Rally ?? Some of the efforts with positive intentions may have a negative consequences in the short term or a long term.
The reason I post those strong words is because negative posters seem to influence people's decisions a lot. An example is , right during the rally time, I had negative people calling my wife and frightening her about the rally. She was always confused, and did not understand if she wants to support me for my efforts on mobilization or listen to them. It took a while for us to overcome her confusion. Negative posts and negative influence impact and hinder our efforts a lot. We do not need anti immigrants to cause damage, these negative posters do more damage than anti immigrants. One negaitve post can influence many people, as such it is very difficult to draw people for a good cause these days, people just do not want to cooperate or just are not motivated, negative posters demotivate the fence sitters.
If people are positive and cooperative they influence positively, they set an example for others to follow and that is what all the positive folks do, no matter what the negative influencers say or do, positive people always remain positive and try to guide people through examples.
"needhelp" is a good example of positive motivation - she does everything she can to set an example - if people learn from her - that is what we want
walking_dude - motivates people - dedicated to the cause
Above are positive examples
If the intent of the similar job requirement is not to hurt the local talent because that is that job that is advertised for, the restriction of the same labor market will serve the same purpose.
That is a legitimate doubt and concern for some.
Chandu, I have great respect for your enthusiasm , but why do you have to be so hostile to a person that does not seem to think the way you are thinking. Different people react differently for the same news. I am not sure your rant has any back ground with any other post by the people you are pissed off about ;)
And the above answers concerns some may have and shuts them up. Shouting at them definitely will not help any body's cause. What has getting a GC to do with how you raise your children ?
Since when this immigration is a BIG issue in USA...... remember the BIG Rally ?? Some of the efforts with positive intentions may have a negative consequences in the short term or a long term.
The reason I post those strong words is because negative posters seem to influence people's decisions a lot. An example is , right during the rally time, I had negative people calling my wife and frightening her about the rally. She was always confused, and did not understand if she wants to support me for my efforts on mobilization or listen to them. It took a while for us to overcome her confusion. Negative posts and negative influence impact and hinder our efforts a lot. We do not need anti immigrants to cause damage, these negative posters do more damage than anti immigrants. One negaitve post can influence many people, as such it is very difficult to draw people for a good cause these days, people just do not want to cooperate or just are not motivated, negative posters demotivate the fence sitters.
If people are positive and cooperative they influence positively, they set an example for others to follow and that is what all the positive folks do, no matter what the negative influencers say or do, positive people always remain positive and try to guide people through examples.
"needhelp" is a good example of positive motivation - she does everything she can to set an example - if people learn from her - that is what we want
walking_dude - motivates people - dedicated to the cause
Above are positive examples
ksam75
06-29 06:17 PM
I can't believe this is happening to me. My priority date became current as of June1. My attorney has sent my wife's petition to Chicago instead of NSC. He got the petition returned this afternoon. I got my I485 approved on June 25. My wife is currently out of status. If the rumor is true, I'll be totally screwed. After 10 years in this country, a dumb mistake pretty much ruined my life.
more...
another one
07-13 10:34 AM
I thought he might say something stupid about the Hindu Prayer disruption in Senate yesterday. However he didn't bring it up. But the way it's been going his "faux pas" (anti-Italian remarks during Italian parade in Little Italy, anti-Latino, anti-Indian and anti-Chinese remarks such as "socio-ethnic interest groups", "foriegn" and "cheap labor", "Communist China" and ofcourse the 7000 lepers in 3 years...) are all building up and sooner or later something will give.
I don't think anything would give as a big part of america can relate to all this. At the most CNN may fire him but a number of other stations would be ready to pick him up. Last thing a broadcaster wants is for people to ignore him/her. Thanks to us that is not going to be a problem for Dear Lou, and so a number of stations would love to have him just for that.
I don't think anything would give as a big part of america can relate to all this. At the most CNN may fire him but a number of other stations would be ready to pick him up. Last thing a broadcaster wants is for people to ignore him/her. Thanks to us that is not going to be a problem for Dear Lou, and so a number of stations would love to have him just for that.
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neelu
10-12 07:42 PM
Thank you, FatJoe, for sharing your experience.
Would you mind sharing which state you reside in? I am wondering if anyone contacted Maryland senators/congressmen.
Neelu:
My attr said that uscis does not follow any chrological order to approve cases. Rather, it takes any 485 application filed before Jan 22, 05. So, your point on "giving more time" won't work here.
This is what I did. I did not get GC yet though, but got to know where I'm at.
1. Contacated NCS numerous times and raised two SRs.
2. Took inforpass a couple of times. Infopass IOs have more detailed info about our cases.
3. Contact Senator requesting that my appln be assigned to an IO, and it was done so. It is with an IO now. Hoping and praying that my IO picks up application to approve it this week.
4. Contacted Ombudsman late last week. Hoping to get some good actions taken on my application.
5. You might consider contacting Janet Napolitino as well.
All the best.
Would you mind sharing which state you reside in? I am wondering if anyone contacted Maryland senators/congressmen.
Neelu:
My attr said that uscis does not follow any chrological order to approve cases. Rather, it takes any 485 application filed before Jan 22, 05. So, your point on "giving more time" won't work here.
This is what I did. I did not get GC yet though, but got to know where I'm at.
1. Contacated NCS numerous times and raised two SRs.
2. Took inforpass a couple of times. Infopass IOs have more detailed info about our cases.
3. Contact Senator requesting that my appln be assigned to an IO, and it was done so. It is with an IO now. Hoping and praying that my IO picks up application to approve it this week.
4. Contacted Ombudsman late last week. Hoping to get some good actions taken on my application.
5. You might consider contacting Janet Napolitino as well.
All the best.
more...
7software
09-15 05:24 PM
I would like to give update on visa availability. My PD is 03/06- EB2. Opened SR for me and my spouse on 08/30/10
1. For me, letter by USPS came stating that, I485 is at USCIS local office and will notify about decision in 30 days
2. Spouse got below response by email (On 09/13/2010)
"The status of this service request is:
Your I-485 application is waiting for a visa number to become available. When it becomes available, it will be assigned to an adjudicator to make a decision on the case.
If you have not heard from the service within 30 days after your number becomes available, you can make an Info pass appointment to visit the Customer Service Division,
at the District office"
On 09/14/10 we took infopass and spoke to customer service representative. She told that visa Numbers are not available any more and also checked validity of finger prints in system.
Told us that they are expired (Till now we gave 2 times, one in sept 07, 2nd one in may 09 (FP are valid for for 15m)) - I guess we need to give 3 rd time soon.
She told that dates for FP at ASC center are not available and will try to send us ASAP when Visa Numbers are available.
1. For me, letter by USPS came stating that, I485 is at USCIS local office and will notify about decision in 30 days
2. Spouse got below response by email (On 09/13/2010)
"The status of this service request is:
Your I-485 application is waiting for a visa number to become available. When it becomes available, it will be assigned to an adjudicator to make a decision on the case.
If you have not heard from the service within 30 days after your number becomes available, you can make an Info pass appointment to visit the Customer Service Division,
at the District office"
On 09/14/10 we took infopass and spoke to customer service representative. She told that visa Numbers are not available any more and also checked validity of finger prints in system.
Told us that they are expired (Till now we gave 2 times, one in sept 07, 2nd one in may 09 (FP are valid for for 15m)) - I guess we need to give 3 rd time soon.
She told that dates for FP at ASC center are not available and will try to send us ASAP when Visa Numbers are available.
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like_watching_paint_dry
06-19 02:06 AM
Dick head, as I said check your reading comprehension skills. I am sure you will flunk it. Agreed reference was in my post but you have diluted the whole meaning of my post. Great that you are a perfectionist who reads words carefully.
You just picked up one words in my post and diluted the whole meaning of it. Cant imagine where chutiyas like you come from.
I am sure you are some lowly developer under threat from off shore vendors and hence desperate to see their backs off you by hook or crook.
You are certainly showing your class and language skills here. Your momma teach you to talk like that? :rolleyes:
Tell me something.. when you applied for your L1 visa, did you fill out a DS157 form? All males in a certain age group are required to fill that, women are not.. but I'm not sure what they require from hijras like you :D
You just picked up one words in my post and diluted the whole meaning of it. Cant imagine where chutiyas like you come from.
I am sure you are some lowly developer under threat from off shore vendors and hence desperate to see their backs off you by hook or crook.
You are certainly showing your class and language skills here. Your momma teach you to talk like that? :rolleyes:
Tell me something.. when you applied for your L1 visa, did you fill out a DS157 form? All males in a certain age group are required to fill that, women are not.. but I'm not sure what they require from hijras like you :D
more...
nareshg
07-11 02:02 PM
Hi Folks,
In many of the articles and forums I have read that applicants spent a lot of money on medical exams, lawyer fees, and so on towards the Employee based Green Card application.
Is it legal for one to spend money (out of one's own pocket) towards getting employee based green card ?
From what I had hear from my company's legal department was that they cannot take any money from me towards the green card application as it is not legal. Employee Based Green Card is for Employer's benefit and not employee's....though it eventually helps the employee -:)
Any comments ?
In many of the articles and forums I have read that applicants spent a lot of money on medical exams, lawyer fees, and so on towards the Employee based Green Card application.
Is it legal for one to spend money (out of one's own pocket) towards getting employee based green card ?
From what I had hear from my company's legal department was that they cannot take any money from me towards the green card application as it is not legal. Employee Based Green Card is for Employer's benefit and not employee's....though it eventually helps the employee -:)
Any comments ?
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suriajay12
03-09 06:57 PM
5 years in US legally and paid taxes: get a Greencard.
10 years ,,,..,, Citizenship.
I do not get a benefit in this directy, but the queue will be reduced
Lets go for it .. LETS DO SOMETHING... what are we waiting for...???????
10 years ,,,..,, Citizenship.
I do not get a benefit in this directy, but the queue will be reduced
Lets go for it .. LETS DO SOMETHING... what are we waiting for...???????
more...
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prabasiodia
09-29 03:57 PM
They went from 2nd to 3rd level and from parents to children too. :D
The new link is: http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf
looks like uscis figured out that we r accessing the backlog data that they did not yet publish...... they pulled down the pdf document
http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20(Left%20Nav%20Parents)/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf
this link is not working now.
The new link is: http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf
looks like uscis figured out that we r accessing the backlog data that they did not yet publish...... they pulled down the pdf document
http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20(Left%20Nav%20Parents)/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf
this link is not working now.
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aadimanav
05-22 11:02 AM
Hello Immigration gurus,
I have a very simple question.
When can a person leave the job to work for any employer to do any kind of job (other than one mentioned in the Labor Certificate)?
Choice 1:
6 months after FILING 485
Choice 2:
6 months after GETTING green card
Choice 3:
??
I have a very simple question.
When can a person leave the job to work for any employer to do any kind of job (other than one mentioned in the Labor Certificate)?
Choice 1:
6 months after FILING 485
Choice 2:
6 months after GETTING green card
Choice 3:
??
more...
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gc_on_demand
09-16 09:22 AM
If Admins donot make this thread sticky. Help me to bump this thread on top today.
Any one will help me ?
Please call every one.. ask spouse , co-workers and friends to call. This is last chance before election. If we loose we will not get GC for years.
Once we have recapture we can start pushing USCIS to follow FIFO on PD. but to do that first we need numbers.
Lets forget all thread only for today and make call.
Any one will help me ?
Please call every one.. ask spouse , co-workers and friends to call. This is last chance before election. If we loose we will not get GC for years.
Once we have recapture we can start pushing USCIS to follow FIFO on PD. but to do that first we need numbers.
Lets forget all thread only for today and make call.
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english_august
01-10 05:58 PM
1. In the draft letter to president, the line "Reinstate premium processing of
Immigrant Petitions." is a bit ambigous and dosent specify which petition.
Shouldnt it read "Reinstate premium processing of I-140 Immigrant Petitions."
People to whom this petition is going know that the Immigrant Petition implies I-140 petition. We do not want our letter to read like an alphabet soup.
2. Also shouldnt the goals be in the order of ease of acheivability. Many of the
more difficult (though more powerful) goals are at the top wheras items like
reinstating I-140 premium proessing are at the bottom.
What do you folks think..?
You really cannot determine the achievable factor of a goal on a scale of 1 to 100 so that ordering is moot. In fact, there is some merit in keeping our most ambitious goals upfront - with enough support from the community we might just achieve them.
Immigrant Petitions." is a bit ambigous and dosent specify which petition.
Shouldnt it read "Reinstate premium processing of I-140 Immigrant Petitions."
People to whom this petition is going know that the Immigrant Petition implies I-140 petition. We do not want our letter to read like an alphabet soup.
2. Also shouldnt the goals be in the order of ease of acheivability. Many of the
more difficult (though more powerful) goals are at the top wheras items like
reinstating I-140 premium proessing are at the bottom.
What do you folks think..?
You really cannot determine the achievable factor of a goal on a scale of 1 to 100 so that ordering is moot. In fact, there is some merit in keeping our most ambitious goals upfront - with enough support from the community we might just achieve them.
more...
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eb_retrogession
02-24 03:09 PM
Pages 245 and 246 includes recapture clause
Thanks for pointing that out. Yes it is all there :-)
Thanks for pointing that out. Yes it is all there :-)
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desi3933
06-16 03:37 PM
--
Who actually controls the work? The client.
.
Sir, the question is not
Who actually controls the work?
the question is
Who actually controls the L1 person by directly managing him/her?
big difference.
Who actually controls the work? The client.
.
Sir, the question is not
Who actually controls the work?
the question is
Who actually controls the L1 person by directly managing him/her?
big difference.
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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.
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.
ganguteli
06-18 04:02 PM
Natives blame Naturalized citizens/GC Holders/H1s/L1s for taking their job
Naturalized Citizens/GC Holders blame H1s/L1s for taking their job
H1 holders blame L1s for taking their job
L1s blame ImmigrationVoice members for taking their job:D
Good one.
... and H1Bs are fools that they are becoming puppets on this thread. Has anyone even spoken to L1fraud guy to see who he is? He is simply inciting IV members against their own?
You guys do not have time to fight for your own greencards and courage to meet your congressman, but have time to fight against L1s just because L1s are getting greencards before you. Grow up and see the evil designs of anti-immigrants. They also want you H1bs and EAD holders out of this country because you people are also all frauds according to them. Arn't you faking your resumes, doing consulting and taking away jobs according to them? H1bs are spreading disease according to them and overstaying illegally and what not. Go read anti immigrant websites.
Shame on all of you supporting OP.
Naturalized Citizens/GC Holders blame H1s/L1s for taking their job
H1 holders blame L1s for taking their job
L1s blame ImmigrationVoice members for taking their job:D
Good one.
... and H1Bs are fools that they are becoming puppets on this thread. Has anyone even spoken to L1fraud guy to see who he is? He is simply inciting IV members against their own?
You guys do not have time to fight for your own greencards and courage to meet your congressman, but have time to fight against L1s just because L1s are getting greencards before you. Grow up and see the evil designs of anti-immigrants. They also want you H1bs and EAD holders out of this country because you people are also all frauds according to them. Arn't you faking your resumes, doing consulting and taking away jobs according to them? H1bs are spreading disease according to them and overstaying illegally and what not. Go read anti immigrant websites.
Shame on all of you supporting OP.
imneedy
05-16 01:27 PM
Do you have F1 stamped or you just changed your status from F-1 to H-4?
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