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  • The more than half million highly-skilled legal immigrants already working productively in the United States find themselves trapped in a system that is taking years longer than intended.

    It should read as, "There are more than half million highly-skilled legal immigrants already working productively in the United States who find themselves trapped in a system that is taking years longer than intended.

    Pls feel free to change the text of the letter and personalize it if you wish. If you wish to include your story and attach a photo copy of your degrees, patents, awards, please do so. Just make sure to include the provisions we are trying to push.

    If you are handwriting the letter, your writing should be legible.. If nobody can read your writing, then it will defeat the purpose. Write the letter in such a way that the key points are easy to read. If you would like to use rules, bold text, highlighters etc... go ahead and do it.

    We all need to be as creative as possible to make this campaign a success.





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  • 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





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  • I used the format below:

    Dear Officer,

    My case has been pending since September 2007. Below are the steps I have taken till now in order to get a decision on my case:

    1: Initiated enquiry through my attorney.
    2: Opened a service request with USCIS (Got an invalid response of no visa numbers available)
    3: Made an Infopass appointment with an immigration officer.

    None of the above has resulted in any clarity towards my case status.

    Below are my case details- (Myself & spouse)-

    Applicant name:
    Application type: I-485
    Category: Employment based EB2 (India)
    Priority date:
    Receipt number:

    Spouse details:
    Applicant name:
    Application type: I-485
    Category: Employment based EB2 (India)
    Priority date:
    Receipt number:

    I had the following questions on my case:

    1: As my priority date is current, has my case been assigned to an Immigration officer.
    2: When can I expect a decision to be made on my case as my case is pre-adjudicated.

    If you need any additional details from me, I can be reached at email or phone @ phone number.

    Regards,

    iam sending the email to i opened sr and contacted congressman too iam just curious about how long this will take





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  • .....
    We all have choices so if you do not want to get transit visas just choose a route that precludes the need for one. Ten pages bad mouthing the UK is not helping anyone it is just antagonizing those of us who originated there.
    .....

    Right. Anyone at receiving end of 'terrorism' will be extra cautious. It is the right of the country to decide who visits/transits and the requirements for such visist. And others need to understand that. At the same time govts need to compassionate also .





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  • My $0.02. This could be a pre-emptive measure on the part of AILA. There must have been some talk at the state department of mid-month regression. This might be a strategy to scotch that. Raise a ruckus and send a message that we are prepared to file a law suit. Who knows? We are mere pawns in this grand game. Whatever happens, I hope people keep some perspective and not lose sleep over this.
    - Sri


    yeah right. scare the state-department with a lawsuit.


    guys, this is the government we are talking about. A lawsuit is not going to deter them. AILA will settle, the government will investigate and some poor sod somewhere will be fired. Life will then go-on with us hanging on in limbo.


    Whatever happens, I hope people keep some perspective and not lose sleep over this.


    good advice. Since we cant control whats happening, might as well take our mind off it, and wait and see what happens.





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  • Congrats inderman. Seeing Light at the end of the very very long Tunnel !!!
    I got CPO email on Oct 22, at 7:45 pm from USCIS (not CRIS), almost the same time as yours.
    What are the emails you got? I didn't get any email on I-485 approval. Update me if you get any other correspondence. I will update too.
    Waiting for spouse's approval to come.





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  • Well, no - my basic argument is that the banks bloated up the 'real' asset value - I had the money then and I have the money now and I am still paying my monthly mortgage amount - the point is about the inflated housing prices.....with these banks knowing the actual value of the asset and still going ahead with the extravagant loans.

    From another point of view, tell me 1 reason why would you lend out money to somebody who you know would not be able to pay you back?


    Let me try to understand your logic. You don't have money and went to bank and requested that they help you out with a loan. They give you loan based on what you bid your house and it is all their fault. If only banks had refused the loan, you wouldn't have bought the house. Is this your logic? Do you ever think for yourself?:confused: I am not going to say that banks were not at fault. But to act like nothing is punjabi's fault is ridiculous.
    BTW if you think he can afford it now wait for another year. The full impact of these mistakes will be known by then. We will be deep into a depression. We will have on top of it ALT-A resets and his house will lose more than 20K for sure. My opinion would be to sell it now and take the hit or wait and lose more. The housing will not rebound to the 2007 peek for a decade.





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  • we should do something ASAP before they decide upon Oct'2008 VB. Before FY2009 starts, we should make sure they are aware of EB3 problems so they can come up with new rules for new year.





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  • 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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  • Yes we can consider that too for our argument. 10 years in another country without citizenship is meaningless (most important part of our life is being spent here).





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  • What about the 1,194 EB2I cases pending with PD upto 12/31/2005?

    Those cases are void at least per DOS. If you look at last month (or prev 6 months) demand data from DOS .
    Demand Prior to Jan1st 2006 for EB2 I/C = 0

    Demand data reflects the latest and accurate. (at least this is the document DOS relies on to set the priority date in VB)





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  • How many times in this thread I have mentioned that I am getting replaced by one of these L-1B resource, I am a poor Oracle/DB developer who fortunately cannot be replaced by L-1B visa resources (as my skills is a common technical one). So once these violations impact your day to day life you look around for ways to stop this fraud. Its true that if I was a Nuero Surgeon in Phily or a Astro Scientist in Houston I wouldn't be interested in this violation :-) .... tomorrow let this scenario happen to you ... you would be first one to raise the alert.

    Regarding 'getting burnt', I don't think there is bigger burn than loosing our jobs (which already is happening) and hope you know that there is something called 'anonymity'... ya lets see whos going to get 'burnt' here. We'll definetly keep you updated regarding the outcome.

    l1fraud,

    I sympathize with you. If your job is getting impacted by this, you have every right to complain.

    On a friendly note, you need to upgrade your skill. You cannot survive on just oracle/db development.





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  • I received I-485 approval letter from USCIS today which reads as follows:

    "The above application has been approved. Prior to receiving your permanent resident card you may be required to report for biometrics processing (photo/fingerprint/signature). Please do not take any action at this time. If you are required to report for this processing, you will receive another notice advising you of the date, time and location to appear.

    If you have not received your permanent resident card or the above mentioned notice to appear for biometrics processing within 90 days, please call this office at the number listed above."

    Did anyone receive a notice like this? How many days did it take to get the biometric notice after this notice if anyone received the above?

    My wife already received her physical green card although she is beneficary of my application.

    I was planning on going to India in Nov, but can't book now as I don't know how long it will take :mad:

    I don't think InfoPass will entertain me to request for Biometrics especially since this notice tells to wait.

    Anyone with similar notice, any inputs are greatly appreciated. Thank you friends!!





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  • http://samachar.com/showurl.php?rurl=http://sify.com/finance/fullstory.php?id=14490148

    Green card seekers take to 'Gandhigiri' in US

    Wednesday, 11 July , 2007, 11:13

    Washington: In an eloquent display of Gandhigiri, unhappy Indian green card seekers sent hundreds of flowers to the US immigration agency to protest a last minute reversal in policy that would impede their way to permanent residency.

    Inspired by the hit Hindi movie Lage Raho Munnabhai that extolled Gandhian ways of non-violent protest, the green card applicants plan to send around a thousand flower deliveries to US Citizenship and Immigration Services (USCIS) Director Emilio Gonzalez in a three-day campaign that started on Tuesday.

    The protest followed the abrupt reversal last week of a June announcement offering expedited processing of green card petitions for thousands of skilled foreign professionals working under H1-B visas - reserved for skilled workers in computing, engineering and other special professions.

    Thousands of such visa holders scrambled and spent money on lawyers and medical exams to beat the July 1 deadline for green card applications. The abrupt change sent them back to the queue for 2008.



    Besides India, skilled workers from China, Poland and many other countries will now have to spend more time and money to get the coveted green cards - a halfway house to US citizenship.

    "The idea is to push them to honour their earlier notification," said Aman Kapoor, founder of Immigration Voice, a forum that inspired the unusual protest.

    Indians are the worst hit by country quota caps for immigration visas, which treat a billion strong India, boasting a highly skilled workforce, on par with a country like Trinidad and Tobago of one million souls, he said.

    On its part, the USCIS response was equally pacific. It plans to forward the flowers to Walter Reed Army Medical Centre and Bethesda Naval Hospital in Washington, the main facilities treating US soldiers wounded in Iraq and Afghanistan, said Gonzales in a statement on the agency website.





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  • hello, my case is exactly same. lying in uscis san francisco office. interviewd 2 years back.
    still waiting. i took an infopass at the local office but no use. the IO told me wait for 60 days and you would hear something.

    which local office is you case lying ?

    Los Angeles.





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  • I would not trust the lawyers in any of this, because their analysis will be superficial and not even close compared to what we see here. We have around 4-5 different folks here doing some really good sound analysis, so unless it's a lawyer known to historically make accurate predictions, I wouldn't care less about their say.

    Lawyer is sharing info that some of their client have got fee invoice from NVC. I have done family based application through NVC for my parents and I know you get fees invoice almost 4 months prior to your GC interview date. So lawyer is thinking that NVC is thinking to go upto Nov 2007 in case if CIS fails to act on enough cases in last months.





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  • As usual typical stereotyping devoid of any reality and isn't even worth a reply. It is clear that knowledge of the above poster about ameriacn teenager comes from watching MTV.

    No wonder otherwise tolerant americans are saying "F*** You" to fraudulent indian companies trying to commit fraud under the guise of globalization.

    Usual Xenophobic rant.

    Which site have you come from? Who do you represent? Tell your masters to open some education classes and help you learn new technologies so that you can find a job. That is better use of your time and money.

    They say, idle mind is devils workshop.
    It is because of people like you USA is losing is competitive edge.





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  • I don't understand why some section of educated people doesn't understand small things...
    1. Intention in sending the flowers is to gain attention from USCIS and the media.
    2.Do you know one thing, USCIS director himself helped us more than half to gain media attention by making a statement and forwarding those flowers to the Hospital.
    3. If there are 'n' flower orders, they will reach 'n' families in the states with our message in them. Our initial goal was to gain the attention of USCIS director and media. Now we are getting a bonus of 'n' families and their mouth publicity to our problem.

    If you sent flowers, and you differ in thinking atleast have patience and see the result in couple of days. Don't do any bad at this point.

    Lets hope the best.





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  • I received I-485 approval letter from USCIS today which reads as follows:

    "The above application has been approved. Prior to receiving your permanent resident card you may be required to report for biometrics processing (photo/fingerprint/signature). Please do not take any action at this time. If you are required to report for this processing, you will receive another notice advising you of the date, time and location to appear.

    If you have not received your permanent resident card or the above mentioned notice to appear for biometrics processing within 90 days, please call this office at the number listed above."

    Did anyone receive a notice like this? How many days did it take to get the biometric notice after this notice if anyone received the above?

    My wife already received her physical green card although she is beneficary of my application.

    I was planning on going to India in Nov, but can't book now as I don't know how long it will take :mad:

    I don't think InfoPass will entertain me to request for Biometrics especially since this notice tells to wait.

    Anyone with similar notice, any inputs are greatly appreciated. Thank you friends!!





    According to ALIPAC every immigrant is 'illegal'. Who cares? They don't make the laws in this country.

    I don't understand where is the conflict here. The website above - ALIPAC - is "Americans for Legal Immigration". From what I read in their website, they want to stop illegal immigration and they support legal immigration. Unless they have a hidden agenda, they should be supporting IV's letter campaign.

    How is this in conflict? Am I missing something?





    Yes!! You can work now it self. It is legal under some circumstances please see Murthy website with AC21 FAQ :http://www.murthy.com/news/UDac21qa.html

    Question 2 : I lost my job before the 180-day period. Can I still use portability? TOP

    Quite possibly, provided the I-485 remains in pending (unadjudicated) status for at least 180 days. It is the I-485 processing time that is important, not when the beneficiary changes positions. This is because the "green card" (GC) is based upon a future job offer. The person is not required to have worked for the GC-sponsoring employer prior to filing or obtaining the GC. Accordingly, it appears the AC21 law did not intend to change the prior law, which only requires a future job offer with respect to the GC sponsorship in employment-based cases. Please refer to the disclaimer at the end of this page, since, at the time of this writing, the regulations have not been published.



    Question 3 : I never worked for my sponsoring employer. It was a future job offer. Can I use AC21 portability? TOP

    Yes, under the same circumstances as Question 2.



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