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  • akhilmahajan
    11-07 10:54 AM
    I thought i had updated the poll and posted a message here, but to my surprise not.

    Me and My wife, both have sent out the letters last week.

    GO IV GO. TOGETHER WE CAN.





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  • krish2006
    09-10 08:23 AM
    I got RFE to submit employment history and AC21 details. My previous employer had file I-129 for my H1 and this triggered the query as per RFE Letter.

    Update Profile my Priority date is Apr 2006

    How can your previous employer can file I-129 for your H1B when you are not working for that employer? or you meant to say Your previously filed I-129 was amended so that some one else can use your H1B. I dont understand your RFE issue here





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  • alisa
    06-24 07:00 PM
    if we pursue independent applications (so both spouses have the option to stop working if they want to); is this the way it works:
    - file independent I-485s.
    - whoever stops working changes status to H4 or F1 (depending on what they want to do)
    - if one gets approved, the other withdraws the application made as a primary and files one as a dependent (since the other persons PD would be current at that point). Some lawyers say you can interfile the spouses I-140 at this stage, others say you cant.

    Can you add a dependent after your 485 is approved?
    Also, if I become a beneficiary on my wife's application, will I be able to maintain my H-1 status, and keep on renewing it?

    My wife and I are now leaning towards independent filing, with no beneficiary for now.





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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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  • Hassan11
    05-23 02:35 PM
    I have a question regarding the I-693 Medical exam. it was mentioned that you will need to take a vaccine for MMR, Varicella, Tetanus and Hapatitis B. it was also mentioned that they will do a tb test and a blood test for HIV and syphilis. are these all the vaccinations and blood tests required or are there aother blood test required in addition to these??

    please advise. Thanks



    Below are the list that I have from my lawyer to prepare my I-485 :

    1. for Evidence of status you need a Copy of Last Entry I-94
    non immigrant arrival/departure record, showing your admission
    to the US and current status. (Front and back, make sure the date is
    clear to see)

    2. To show that you are always in status while you are in US you will need
    Copies of all immigration related documents from USCIS
    (such as I-20, OPT, H1B, H4 approval notice, or other status)

    3. Copy of Birth Certificate
    (need translate & notarize if not in English)

    4. Copy of Marriage Certificate if you are married
    (need translate & notarize if not in English)

    5. Copy of Passport pages with non immigrant visa
    (including all passports you have used since the last entry you need to
    copy all the stamp you had on the passport. Again this is to show the
    last time your in you US and to make sure you are always in status)

    6. I-693 (Medical Exam)
    (You can dial 1-800-375-5283 to choose the physician list)
    you will required to show a proof that you have take MMR, Varicella, Tetanus and hepatitis B
    if you can't show any proof they will required you to take it on their office and it will cause you quite a lot money ( you can take
    the vaccine earlier on your family/ regular dr. office and could get covered by you insurance) it could save you $300 per person.
    the mandatory test you have to take at their office is tb test, blood test
    for HIV and syphilis and regular phisical test. once you have all vaccine
    and the mandatory test they should gave you the seal envelope to send to USCIS along with your other document and they will give you a copy as well.

    7. If you apply for your family member you will need
    I-134 (Affidavit of Support) stamp by Notary for each family member

    8. Employment Verification Letter
    Employement letter on the letter head of the petitioning employer
    which confirms that the job on which visa petition is based is still
    available to you. The letter must also state the salary that will be paid.

    9 . Photos (2*2 color front-view passport photos)
    *2 for each I-485, additional 2 for each I-131,
    additional 2 for each I-765

    10 Fee Payment made to USCIS (1 per applicant)
    $325 for each I-485 filing fee
    $70 for each Fingerprint fee
    $170 for each I-131 filing fee (if apply for Advance Parole)
    $180 for each I-765 filing fee (if apply for Employment Authorization) .

    Hope this list is help for those who is ready preparing their document.





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  • jbr
    03-10 03:37 PM
    Sri1309,

    I agree with both of your points: a solid action plan from IV core team would go a long ways to inspire and motivate others and that we should continue spreading the word (by writing to change.gov, news organizations, law makers etc.). Comments from IV core team are welcome.



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  • HV000
    08-04 07:53 PM
    FBI NAME CHECK banners (see below) should be displayed during the september rally to illustrate the painful delay in the NAME CHECK process.

    DELAY IN SECURITY CHECK UNDERMINES THE GOAL OF NATION'S SECURITY!!

    PREVENTION IS BETTER THAN CURE!!!

    LONGER THE DELAY GREATER THE RISK!!

    Media and Congress WILL PAY to this issue!





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  • snathan
    03-30 05:43 PM
    If USCIS is providing spillover visas to EB2 in May, shouldn't the PDs of China and India (countries with most demand) have the same PDs in May VB? Doesn't this also mean that in the worst case the PD of EB2 India will be Jul 22 2006 (the current PD of China) in May VB?

    -CinBoy

    First they will move India to July 22 2006, if there are more visa numbers both I/C will move togather.



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  • glus
    01-16 09:59 AM
    If you entered on AP and your I485 is pending, you cannot fell out-of-status as you are being considered in "Adjustment of status" status. This is somehow a special kind of a status. The only problem one may have is if the I-485 is denied for any reason. At that point you fell out of status. That's the reason many choose to enter on h1 instead AP. Then, even if I485 is denied, a person who entered on H1 is still in H1 legal status. Hence, it is generally advisable to enter and maintain an non-immigrant status while i485 is pending.

    Regards,

    I am not an attorney. If you need a legal advise, seek an immigration attorney.





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  • SleeplessinSeatle
    11-07 03:04 PM
    Is it possible to file a class status suit?



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  • ash27
    06-12 07:40 PM
    Ganguteli, why do you keep on questioning everybody's intentions all the time. the other day, I had posted about L1 exploiting the loop to file GC in EB1 and your answer was plainly stupid and irritating - "I would have done the same thing if I had a chance"....

    There is nothing wrong in exposing any kind of visa fraud...I came here on F1 10 years back and still in line for GC after getting masters from a decent school and working with major employers. What is wrong in making sure that it is FIFO....





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  • 485Mbe4001
    09-26 04:39 PM
    http://en.wikibooks.org/wiki/FBI_name_check

    if you have a name there is a possibility that you might get stuck :) thats about it...



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  • malaGCPahije
    08-08 09:38 AM
    You can't move to EB2 if both employer and position remain the same. I was promoted after working with them for 3 years!:rolleyes: Plus I have a Masters in Computer Science. My new position required more experience and a Master's Degree, hence qualified for an EB2.

    Similarly, you can change employers and look for a better job. Then you can use the experience gained at the previous employer. But, ALWAYS, the job requirement has to state the need for years of experience or Advanced degree.

    This helps answer my question. I am a little unclear about promotions and whether that will qualify one for a new labor, etc. I personally am not planning to change anything at the moment. My promotion, etc is not being stalled because of my status. So I am OK. Thanks again for your answer.





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  • santb1975
    01-11 12:17 AM
    anyone?



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  • makemygc
    06-29 07:29 PM
    Most of us are at the mercy of our attorney's to file for I-485. The attorney's take their sweet time to prepare the draft and send the application. In this heated moment the attorney's offices should hire more people and get the ball rolling.
    All that we can do as employees is pester our HRs and attorneys.:p

    more than 100% true...My attorney took two weeks to prepare the 3 forms and when he sent out those forms to me for review, I was amazed to see it was full of errors and mistakes. Finally, I'd to prepare the application and send it to him. Application is so simple that anyone can prepare it. I think we should better do it ourselves if given the chance.





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  • Milind123
    01-27 09:06 PM
    Now about the staff at Heathrow. Surely anyone with eyes that work can see most of them are not British at all but immigrants of some variety or another. A true Brit is a very friendly individual. The invasion of their island during the past fifty years has changed the face of the entire community, not all for the better that is for certain.



    Now how do you know that, do you check their passports or do you ask them point blank about their origin. Or do you try to place them by their accent. Obviously not. The only way you can make such a blanket statement and attach an "immigrant of some variety" lable is by the looks alone. My friend, the last ten pages are precisly about such issues. Also, it is quite possible for a third generation Indian/Pakisani, a true Brit nevertheless, to work at Heathrow ... and If I borrowed your eyes for a minute, I see only an immigrant invading the country.



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  • pappu
    01-08 10:31 AM
    Everyone that took part in the IV lobby day in September 2007 should get in touch with the lawmaker offices now and request them for letters. If you have met your local lawmaker offices through state chapters or on your own, it is time to visit them again for this request.





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  • siravi
    01-08 09:23 AM
    Reminder: Pls mail 2 letters

    1) (copy 1)please send a separate letter to the President.
    2) (copy 2)Send a copy of that letter to IV. After the letters are sent to the President, IV will have a meeting with senior administration officials. In that meeting we will carry the copies of the letters and deliver to them.

    ok, will do.





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  • jthomas
    05-09 08:33 PM
    If you are offended, I don't give a DAMN!! I know about India very well and has been to India many a times. I know very well about the indian corruption which has no comparison with any country in the developed world. All you have to look at is the suveys from various NGOs that track corruptiy on at various countries in the world and you can see where India ranks relative to US or UK

    Hunter, Mind your own business. What is your point.
    1. We all agree there are loopholes in each and every system. Are you trying to fill 1% by punishing 99% of the people. If you want to fix loopholes this is not the right place to be. Go to the court and fight with the adminstration. Why the hell you are wasting your time.
    2. Considering you are a anti-immigrant, and you want to fix the system. Are you targeting Employment based immigrants or family based immigrants. Employement based immigrants are just 17% of the total immigrants whereas family based immigrants are more than 50+ %. better target them. Don't waste your time since you won't get anything as everybody over here are working and US employers want them.
    3. If you are unemployed, please spend your time in findiing a job. The minimum salary in US is around 8 dollars a hour so you have wasted your entire day. close to 100 dollars. You have not earned a thing by writing your thoughts in this forum.
    4. Senator Grassley and Durbin are working on your side and they also like you don't want a google, yahoo, ebay and other firms to suceed iin US. Be prepare to immigrate to some other country in future.

    I hope you get back to your work and THANKS FOR YOUR COMMENTS. ENOUGH.

    J Thomas





    gg10004
    07-09 06:35 PM
    Here is the link. Read the news section
    http://www.uscis.gov/portal/site/uscis

    +++

    We should not worry about the flowers, they are going to the right place, we should be rather happy that atleast the message reached USCIS.





    akhilmahajan
    11-07 10:54 AM
    I thought i had updated the poll and posted a message here, but to my surprise not.

    Me and My wife, both have sent out the letters last week.

    GO IV GO. TOGETHER WE CAN.



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