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  • doudou
    05-17 11:13 AM
    I am applying for AOS on a EB basis. My wife will apply along with me as a beneficiary. Unfortunately she worked on H1B for another company without notifying USCIS and on a different job capacity. What are the chances for her I485 to be denied? Do we have to mention that in I485 form. She is currently on H4 and is not working. Thanks.





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  • tonyHK12
    04-07 11:04 AM
    And then people will argue about how many arms does an octopus have :D

    We could use a free volunteer octopus. do we have leftovers from the reception? :)





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  • FrankZulu
    06-25 11:52 PM
    PERM EB2 India
    PD:Feb 2006
    I-140 Approved

    BEC EB2 from same company
    PD: Dec 2004
    Just approved today


    I am applying I-485 on July 2nd based on approved I-140 PD Feb 2006
    as I don't want to take chance with refiling I-140 for PD Dec 2004.

    In future can I apply I-140 for labor with PD Dec 2004 & on approval can I switch the
    PD for my pending I-485 if dates are current for that PD?

    Gurus below is an article on Murthy's site Posted in Jul 2000 which is related to the question I had above.

    http://www.murthy.com/news/UDpen485.html
    According to the year 2000 INS memorandum about procedures for substituting a new I-140 (employment-based petition) approval in a pending employment-based adjustment case

    "The rules are generally straightforward in the employment-based context. The regulations clearly states that if a person is the beneficiary of multiple I-140 approvals, s/he is entitled to the earliest priority date."

    Anybody please advice if this is still true and based on that
    for pending I-485 can PD be transfered in the same category(EB2) once my second I-140 with better priority date is approved?



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  • gc_wow
    09-30 05:59 PM
    Since 2004 EB2 is cleared, I am seeing less number of posts being made on IV.Yay I became a senior member, will that mean I will get a green card?





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  • illinois_alum
    09-25 02:12 PM
    The only thing I can tell is most of us are trying to search "light" from this "black and dark cloud". USCIS does not seem to be agree with what you are saying. Please have this trend chart and the worksheet in this thread together and then you will realize what we all are saying.:)

    Trend chart doesnt give you shit...its just an overall count
    I am referring to the PDF report - which clearly mentions that the numbers are for pending Employment based 485 applications. And yet people refer to this report and ask stupid questions or over-analyze it...



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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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  • GCNeophyte
    08-19 03:25 PM
    I got the CPO email first. In another days 6 days got welcome mail. Then the status changed back to post decision activity. 5 days from there, I got the cards. Even today the status says the same.

    Looks like you are so much addicted to check USCIS case update, you still checking your status after you receive your cards :)

    just curious, what are you expecting on your status after you received GCs?



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  • drona
    07-09 07:08 PM
    At this moment it is on the USCIS front page.

    The message no longer appears on USCIS portal now.
    I think they are reading our portals:)





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  • noman
    01-08 01:07 PM
    I have just mailed my letters, hand written! thanks for your help and support. Lots of prayers for IV.



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  • snathan
    04-01 03:51 PM
    Wait a minute, how was this India EB2 case even allowed to file I-485 when that PD has never been current? The lawyer alleges that it has been pending for several years.

    Does this "fee bill" have nothing to do with 485 filing? Is it just plain wrong or am I missing something obvious here?

    Perhaps he meant September 2006.

    This is not I-485 and its a CP case...





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  • knacath
    11-03 10:25 PM
    Sent 8 letters (spouse+self)



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  • desi3933
    06-16 02:59 PM
    OP Do you know how many L1 visa types are there???

    Please enlighten us.

    Who said L1 can't be at client place? Who said L1 can't do programming?

    Of course, person on L1 status can work at client site as long as he/she is directly managed by company that has sponsored L1 visa. They can not be directly managed by client. That is the restriction. Have you even read posts in this thread?



    Don't spit on other community becoz you are loosing some thing...
    A person is saint until it happens to him/her.





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  • mrsr
    06-20 09:36 AM
    please clear the doubt .. Affidavit of support is it I-134 or 864?



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  • BMS1
    10-17 12:02 PM
    I never watch Lou Dobbs since I am never home in that time slot. But had a chance to switch to his program last week. Actually I did not want to see him but wanted to see which companies are sponsoring his show and would like to lose me as a customer.

    Travelocity lost a customer in me. (I had a mixed feeling on this. When I used Travelocity the last time and I needed some customer support, the Travelocity person who tried to help me was an outsourcing company person in India).





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  • needhelp!
    01-11 03:25 PM
    So thats just somebody's interpretation of letter campaign. Perhaps one of the enthusiasts over here should post something over there differentiating the goals of the letter campaign from illegal immigration along with all the arguments posted here and explain that their interpretation is incorrect.

    Why not take it upon yourself to help out?



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  • nuke
    09-24 02:09 PM
    Analysis by BharatPremi is wrong.
    If there are 140K visas then EB3 category will get 140,000%28.7 = 40180
    and of these 40180 EB3 India will get just 40180%7= 2812

    Folks, only 2812 Visas for EB3 India and EB3 is not going to get any spillover this year!!





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  • sbind_77
    08-19 07:04 PM
    My status was changed from Initial Review to PDA.The status changed on Aug 7th. There is no CPO or Decision status in between.

    I see the following message
    On August 6, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

    I got my 485 Approval notice copy on Dec 13th and haven't received any welcome letter or my actual card.

    Is any one in the same state. How long does it take for the actual card to come.

    I need to renew my DL by end of this month. Can I renew it using my 485 Approval notice copy?

    Thanks
    Bala





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  • GCNeophyte
    08-19 03:25 PM
    I got the CPO email first. In another days 6 days got welcome mail. Then the status changed back to post decision activity. 5 days from there, I got the cards. Even today the status says the same.

    Looks like you are so much addicted to check USCIS case update, you still checking your status after you receive your cards :)

    just curious, what are you expecting on your status after you received GCs?





    wc_user
    10-13 04:25 PM
    yes. I did. I have sent them an e-mail mentioning the delay.





    wc_user
    10-12 06:42 PM
    wow.. I finally got my receipt numbers.. I called USCIS and it seems it was just entered into the system today. It starts with LIN...

    EB3 India
    PD-Dec02, I-140-Nov06 TSC
    July 2, Got the receipt for I-485 and EAD today



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