bestin
04-01 11:23 AM
Guys do not feed the freeloaders by telling anything you are reading in the donor forum. Let these people help themselves by signing up for recurring contributions if they want helpful nformation about their EB2 PD movemement. We are still not meeting of our advocacy day amount. It is all because most people want free lunches. This needs to stop. The 200 people going to DC tomorrow are going to speak for you and me for yours and mine greencard. They are taking time off and spending own money for you and me. Nothing is free in this world. IV is also doing this for you and me and we are taking it for granted. Let people do some good deed today if they want to know good information
I am not sure if u were born as an idiot or became an idiot after being turning a so called "donor".
To be frank I stopped contributing as and when IV started having donor forums.
There are thousands of websites and forums througout the internet to get info and what VKBris posted may not even come close to what Q and Teddy and so many others used to share as a group.
Now coming on to freebies,What benefit does IV provide to past contributors.I have contributed in the past, have been active at the initial stages,have spent my own money and booked airtickets to meet senators.Been a leader in a state chapter.But later realised that it was not worth for this forum which has partitions among so called donors.
Why the heck does any one want to see in a home page about posts on a donor forum.Just hide it and keep it among yourself and discuss .
Now red may follow,and a possible ban.
I am not sure if u were born as an idiot or became an idiot after being turning a so called "donor".
To be frank I stopped contributing as and when IV started having donor forums.
There are thousands of websites and forums througout the internet to get info and what VKBris posted may not even come close to what Q and Teddy and so many others used to share as a group.
Now coming on to freebies,What benefit does IV provide to past contributors.I have contributed in the past, have been active at the initial stages,have spent my own money and booked airtickets to meet senators.Been a leader in a state chapter.But later realised that it was not worth for this forum which has partitions among so called donors.
Why the heck does any one want to see in a home page about posts on a donor forum.Just hide it and keep it among yourself and discuss .
Now red may follow,and a possible ban.
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SunnySurya
08-07 10:28 AM
Not cutting line my friend, just standing and waiting paitently in line for my number to come.
Then you will get GC faster though you had cut the GC line. What else...
Then you will get GC faster though you had cut the GC line. What else...
nkavjs
09-14 10:29 AM
AOS filed July 2nd @ NSC (10:25 AM, J.Barrett)
I-140 approved from TSC in Feb 07 (LUD: 08/05)
Absolutely nothing yet...
----------------
I-140 approved by TSC
LUD on I-140 of 8-5-07
I-485 filed with NSC on 2nd july
J Barrett - 10.25am
No news yet.
When called IO, they say no application in system yet.
I-140 approved from TSC in Feb 07 (LUD: 08/05)
Absolutely nothing yet...
----------------
I-140 approved by TSC
LUD on I-140 of 8-5-07
I-485 filed with NSC on 2nd july
J Barrett - 10.25am
No news yet.
When called IO, they say no application in system yet.
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sreenivas11
07-11 03:08 PM
www.andhrajyothy.com
more...
fromnaija
08-20 11:50 AM
are they talking about calling from US to any India #? this sounds ridiculous.
Calls to both land line and cellular phones are included.
Calls to both land line and cellular phones are included.
CADude
09-20 04:12 PM
USCIS is not prepared for anything. if this works then great. if not i tried didn't work out.... :)
I fully agree that USCIS should work FIFO, but "should" does not make that happen. Clearly USCIS is not equipped for FIFI when truck loads of applications arrive. We may complain now, but I believe we should give them additional 10 days they need (to make it 90 days). I am equally worried about my July 2 filing. Nevertheless, I wish and hope the congressman's intervention helps.
I fully agree that USCIS should work FIFO, but "should" does not make that happen. Clearly USCIS is not equipped for FIFI when truck loads of applications arrive. We may complain now, but I believe we should give them additional 10 days they need (to make it 90 days). I am equally worried about my July 2 filing. Nevertheless, I wish and hope the congressman's intervention helps.
more...
Nil
03-10 09:05 PM
Thanks,
This is funny - one red and one green, so it turned blue now.
Anyway - can we quickly compile a list of to-dos to take this idea fwd?
This is funny - one red and one green, so it turned blue now.
Anyway - can we quickly compile a list of to-dos to take this idea fwd?
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HumHongeKamiyab
06-21 03:19 PM
No original.. Only photocopy
Do we have to submit the original birth affidavit with 485 or just a copy?
Do we have to submit the original birth affidavit with 485 or just a copy?
more...
kondur_007
10-01 11:19 AM
According to Ron Gotcher:
"There shouldn't be any debate, as the statute is explicit:"
EB2 INDIA future for fiscal year 2010 - Page 2 - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/general-immigration-questions/9181-eb2-india-future-for-fiscal-year-2010-a-2.html)
Let's see if DOS follows the law as the USCIS pending numbers clearly demonstrate that spill over to oversubscribed countries will be required(by law) in the first quarter, moreso with the new "Pending I485 numbers" report that will be released by USCIS hopefully in a month or two (since Aug25, 2009 report didn't reflect the EB2I approvals in Sepetember 2009).
So December 2009 Visa Bulletin Dates should include spillover visas. Hoping for the best.
He is right, but the problem is, USCIS and DOS has always done spill over only at the end of fiscal year and not quarterly.
Now who will go and tell them to read their own statute again and reinterprete?? (like the spill over that was done vertical for several years until they realize, "it needs to be horizontal by our statute!!")
"There shouldn't be any debate, as the statute is explicit:"
EB2 INDIA future for fiscal year 2010 - Page 2 - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/general-immigration-questions/9181-eb2-india-future-for-fiscal-year-2010-a-2.html)
Let's see if DOS follows the law as the USCIS pending numbers clearly demonstrate that spill over to oversubscribed countries will be required(by law) in the first quarter, moreso with the new "Pending I485 numbers" report that will be released by USCIS hopefully in a month or two (since Aug25, 2009 report didn't reflect the EB2I approvals in Sepetember 2009).
So December 2009 Visa Bulletin Dates should include spillover visas. Hoping for the best.
He is right, but the problem is, USCIS and DOS has always done spill over only at the end of fiscal year and not quarterly.
Now who will go and tell them to read their own statute again and reinterprete?? (like the spill over that was done vertical for several years until they realize, "it needs to be horizontal by our statute!!")
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nrk
08-16 01:24 PM
good to see approvals coming in today.
I got the CPO email today for both my wife and I.
Here is my info:
PD - Oct, 2005
NSC
Sent email to followup address on 8/6 (no response yet), sent again to scopsscata address on 8/13
Asked my congressman to inquire on 8/12
Opened SR on 8/13
Got CPO email on 8/16 (Happy Independence Day!!! Well I am sure they wanted to present this gift on 8/15, but what could they do, it was a Sunday!)
Hope and pray that the rest of the people waiting get their approvals soon!
I got the CPO email today for both my wife and I.
Here is my info:
PD - Oct, 2005
NSC
Sent email to followup address on 8/6 (no response yet), sent again to scopsscata address on 8/13
Asked my congressman to inquire on 8/12
Opened SR on 8/13
Got CPO email on 8/16 (Happy Independence Day!!! Well I am sure they wanted to present this gift on 8/15, but what could they do, it was a Sunday!)
Hope and pray that the rest of the people waiting get their approvals soon!
more...
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
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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pani_6
08-25 10:36 AM
So after all this Is it flower, calls or Letter or all??..15 days counting for the next bullettin..:confused:
more...
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trikap
05-22 06:40 PM
If you can restart ur app in Eb2, you should be fine dates wise. Unless CIR messes it up.
Approximately 2 months for PERM and then you can file 140+485 concurrently.
All the best!
thanks, I am going to look into that also.
I am still trying to talk the old employer. Is it such a big deal that they cant even write a letter of future employment for me? i told them that they are not obligated to hire me but they are scared that they are trying to show that they are in losses and that by filing for a GC and promising a future employment they will not be able to show that they are suffering losses.
Why is it so difficult and complicated?
I am losing hope in it.
Approximately 2 months for PERM and then you can file 140+485 concurrently.
All the best!
thanks, I am going to look into that also.
I am still trying to talk the old employer. Is it such a big deal that they cant even write a letter of future employment for me? i told them that they are not obligated to hire me but they are scared that they are trying to show that they are in losses and that by filing for a GC and promising a future employment they will not be able to show that they are suffering losses.
Why is it so difficult and complicated?
I am losing hope in it.
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thescadaman
08-27 10:35 PM
Initially I ignored this thread as some advertisement. Then I noticed that this thread was staying visible for several days. I got curious and started reading it and following the posts - Got convinced - Purchased the plan 2 days ago and I got my Vonage adapter today. I can now make long distance calls and calls to India all inclusive the 25 plus taxes.
This is super cool!
I called customer support and asked then to show me exactly where it says ALL India calls including cellphones are inclusive in free minutes. The support was nice and showed me this link
Vonage - Frequently Asked Questions (http://www.vonage.com/how_vonage_works_faq/?lid=faq_vonage_world&refer_id=WEBSR0706010001W1)
Quote
Are calls to mobile numbers free with Vonage World?
Vonage World includes free unlimited calling to cell phones in the Bahamas, Brunei, Canada, China, Guam, Hong Kong, India, Macau, Malaysia, Puerto Rico, Saipan, San Marino, Singapore, Thailand, the United States and the US Virgin Islands. See included country list
Unquote
Thanks everyone for sharing this good offer for real.
This is super cool!
I called customer support and asked then to show me exactly where it says ALL India calls including cellphones are inclusive in free minutes. The support was nice and showed me this link
Vonage - Frequently Asked Questions (http://www.vonage.com/how_vonage_works_faq/?lid=faq_vonage_world&refer_id=WEBSR0706010001W1)
Quote
Are calls to mobile numbers free with Vonage World?
Vonage World includes free unlimited calling to cell phones in the Bahamas, Brunei, Canada, China, Guam, Hong Kong, India, Macau, Malaysia, Puerto Rico, Saipan, San Marino, Singapore, Thailand, the United States and the US Virgin Islands. See included country list
Unquote
Thanks everyone for sharing this good offer for real.
more...
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shantanup
09-22 10:37 AM
My priority date is current this month (Sep. 2010). An InfoPass appointment inquiry on Sep. 3 and a congressional inquiry on Sep. 9 answered that my case is being actively worked on by an immigration officer since Sep. 1. SR on Sep. 10 responded that visa numbers are not available for my case. SR response was dated Sep. 10 � same date when it was initiated. On Sep. 15 my I-485 got approved. And here is the funniest part. I received the I-485 approval notice and the SR response that said �no visa numbers available� on Sep. 20 � both on the same day � by snail mail. What a contradiction? Such are the ways of USCIS. Why do we not want to question them? Would raising this issue with the Ombudsman be of any use? Can this be presented as a proof of a hideously mismanaged government entity?
Let me give you an example and you would understand my point. USCIS Customer Services Directorate received 16 million calls from the public and 300,000 from Members of Congress. Add to it, all other items people do to get attention for their case and think that by sending an email or a phone call from Senator or by a lawyer, the officer will realize his mistake and quickly open the file and approve it. If you look at the responses people post to their inquiries, you would see that most responses are standard. USCIS is not just approving 140K greencards but more than a million greencards, hundreds of thousands of H1 and other visa types, EADs etc...every year. Greencards do not get issued on the day date gets current. It is not a automatic process. There is lot of human work involved and many people do not understand that or spend time understanding it. They would rather waste their time either on useless task of tracking or calling customer service every single day.
Let me give you an example and you would understand my point. USCIS Customer Services Directorate received 16 million calls from the public and 300,000 from Members of Congress. Add to it, all other items people do to get attention for their case and think that by sending an email or a phone call from Senator or by a lawyer, the officer will realize his mistake and quickly open the file and approve it. If you look at the responses people post to their inquiries, you would see that most responses are standard. USCIS is not just approving 140K greencards but more than a million greencards, hundreds of thousands of H1 and other visa types, EADs etc...every year. Greencards do not get issued on the day date gets current. It is not a automatic process. There is lot of human work involved and many people do not understand that or spend time understanding it. They would rather waste their time either on useless task of tracking or calling customer service every single day.
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NolaIndian32
11-24 05:31 PM
I don't think you want to go into foreclosure. It will mar your credit report for sure, and it may be difficult for you to get another homeowners loan in the future.
Why don't you consider renting out your house via a property management firm?
Best of Luck!
Why don't you consider renting out your house via a property management firm?
Best of Luck!
more...
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pappu
04-06 11:56 AM
Updates on advocacy day posted on http://immigrationvoice.org/forum/forum14-members-forum/2086451-live-updates-advocacy-day-in-dc-april-2011-a-6.html#post2499745
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johnmcdonald98
05-20 03:16 PM
The 485 and EAD requires total 4 identical photos of each person. I enquired at Walgreens, but their passport photo package contains only 2 photos. Any idea how to get 4 identical photos of the same person? Moreover, the photos must be 2 inch X 2 inch. How to get photos of that size?
Any help is really appreciated.
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Any help is really appreciated.
Costco! Way to go, cheaper, better and perfect!
Among friends we say, "In costco we trust!"
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CADude
10-02 12:42 PM
Please call them every hours.. USCIS is full morons!!
I am a July 2nd files, they told me to call on the 3rd of October. (I don't know what is the logic to calculate 90 days at the USCIS). I am trying to make the attorney call that day. May be she will have more luck. :confused:
I am a July 2nd files, they told me to call on the 3rd of October. (I don't know what is the logic to calculate 90 days at the USCIS). I am trying to make the attorney call that day. May be she will have more luck. :confused:
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.
laborchic
07-10 09:09 AM
I am planning to go to the USCIS office tomorrow for media coverage. Any one in the DC area willing to join? This would be between 10 am and 1 pm. send me a pm with your name, number for more info. I really want to hear from the people who were ready for the protest in DC. This is a good opportunity to explain what has happened and the root cause of the issue.
WHOA .. nows thats a good move.. way to go Nixstor.. u da best... wish I was in DC neighbourhood.
WHOA .. nows thats a good move.. way to go Nixstor.. u da best... wish I was in DC neighbourhood.
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