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  • Hello every one,
    I am starting this thread for all of us not to just think about the GC process. If any one is residing here for 10 years without GC, think about making a law which can lead us to Citizenship. My thoughts on this:
    Many of our colleagues who landed with us during the late 90s (1998, 1999) and early 2000, who got their GC without any issues are now Citizens or waiting to become Citizen soon.
    What is our status?. Just think. Still we are strugling to get the GC. Even by law change, if we are getting the GC this year (by GOD's Grace), then we need to wait for another 5 years from now (approximately 2014). Many persons like me who have come to this Country in their later career will be very much affected due to this delay (we have lot of other issues like the dependents reaching the age of 21 etc., College, University fees etc.,).
    Core team and every one, please consider this and try to lobby for getting the citizenship without further wait if the persons satisfy the folowing conditions:
    1. If they are legally here for 10 years (With approved I-140 and waiting for Adjustment of Status without current date).
    2. If they have earned full 40 points in Social Security
    3. If they have paid the tax continuously for 10 years
    4. If they own a house and paying Mortgage (adding weightage to the Economy boost)
    and
    5. If they do not have any criminal records in these 10 years.
    Please again do not just concentrate on the GC issues. Consider this and if any one can come with a letter draft with legal openion, we can send it to all Congress members, State Governers etc.,
    Hope the members and the Core team consider this issue. I have one more thread on this, which I started some months back but the response was not that good. If every one of us unite on this and raise this to the Congress, I think the new Government may consider as this is very genuine.


    I fully support this...

    People who meet the conditions above can benefit the US Economy in a long run because...
    1)Deficits are going to be high for a long time...in trillions, and if we are allowed to apply for naturalization directly, there is a better chance for us to pay taxes to reduce the burden.
    2)If we are asked to leave now, the US is committed to Social Security payments(with the minimum 40 points) even if we are outside.
    3)By now, we already have kids who are American citizens... which means that when they become 18, they can always sponsor us as citizens. All that we are asking is for the congress to do the same a few years earlier. It is better we are here in our earning years than when we are in our older years.

    If this Bill is introduced in congress, people will listen because...
    1)People waiting for 10 years... and done all the right things, no one can simply ignore. Also, there will be a sense of guilt on the US Government to have let the situation deteriorate. They will think of ways to make the transition smoother... remember they created a special green card category for Iraqis since there was a sense of guilt.

    2) Whether this passes congress or not, there is a legitimate argument of asking for the congress to rectify the situation. That is the best we can do.

    3) We need to give more and more options to the congress. Not everything sticks, but even if one or two get passed, it goes a long way to help all of us.

    I personally will contribute bigtime if IV core want to take this up!





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  • Please sing this petition:

    http://capwiz.com/aila2/issues/alert/?alertid=8489276&type=TA (http://capwiz.com/aila2/issues/alert/?alertid=8489276&type=TA)

    Senate Judiciary Committee to Debate Immigration Reform on March 2!
    Urge Committee members to support a realistic, comprehensive solution
    On March 2, the Senate Judiciary Committee is scheduled to mark up an immigration reform bill. Enter your zip code in the box, and if your Senator is a member of the Committee, send a letter urging him or her to support a realistic, comprehensive solution that includes a path to permanent legal status for the current undocumented population. We need to let our Senators know that the enforcement-only approach endorsed by the House in December will hurt our communities and compromise our economy but will not fix our broken immigration system.
    If your Senators are not members of the Judiciary Committee, you can still send a general letter urging them to support comprehensive immigration reform when the debate reaches the Senate floor. Enter your zip code to take action now!

    just signed the document and sent.
    Also the below link
    http://capwiz.com/aila2/issues/alert/?alertid=5183421&type=CO

    Admin, Is it possible to have a sepearet tab/page for Pettition and list all of these or similar links, so folks can find them easily and sign.





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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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  • Hi,

    My wife and kid are outside india. Can i file for 485 and include them...Do they have to be in india for that. Also can i file for my wife's ead





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  • My attorney said only copy of recent i-94 and i-797 required.

    I-94s are submitted at the airport when you leave the country. In many cases there are no I-94s coz they have been submitted and no one thought of making copies of them before travelling out of country. I am sure I dont have all the I-94s that I ever used. I submitted them at the airport when I went out and didnt make copies.

    I think it must be ok if you dont have all of them. Can anyone advise if that's the case?





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  • One thing i would like to emphasize like others, is background check when you apply for any company in future. Most good companies do a thorough check which includes your credit history. When i joined the company i currently work , I asked for a copy of the report for my reference and it did include that i have a good credit history. Not sure how much companies pay attention to this but yes if they do it could affect your employment chances at some of the top companies.

    On the positive side, I strongly believe that the economy will come back on track. Who knows 5-10 years from now your decision may look good. As others advised you should also consider renting out your place... With the population ever increasing, and the land being constant, I always think investment in land will always be a good investment on the long run. At least you have something concrete to show for your money :).

    Rest the feeling that you are doing the right thing even though its the hard way is always priceless :)

    Anyways i agree its easier to say these things sitting on the other side of the fence.

    Hope things work out the best for you.





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  • All of you guys are smart ,highly skilled immigrants.

    Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..

    Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.

    same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
    He left current employer and found another who willing to apply under Eb2.

    Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.

    CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.





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  • Good job & getting media attention.

    Any local Virginia/DC volunteers that can photograph/video at the USCIS center will be great...Love to see more
    photographs.

    Can someone go to Hospitals where these flowers are directed & publish / send media those photographs ?

    My best $30 ever spent !





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  • All,

    Lets do another flower campaign to wish get well soon to SunnySurya and Rooling_flood.

    Get well soon Mamu...

    I agree. People are not born evil. Situation makes them. Same is happening with SunnySurya and Rooling_flood.





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  • My 485/EAD/AP application was filed last month at NSC and the recipt date is 04/19/2007. First time when you apply for EAD at NSC how much time it will take approximately to get the EAD approval?

    Appreciate your help





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  • FYI...I heard from some of my friends that Vonage is good as long as you are its customer. Once you call CS and tell them you are leaving...they play all sorts of dirty tricks.

    I agree with you. I was once-upon-a-time a vonage customer, then I got reformed. :D
    When you are a customer CS will treat you like God. Once you call them to cancel, they will play all kinds of tricks. They even lied to me about certain things.

    But this 24.99 unlimited India offer sounds really good. I might consider signing up again. :rolleyes:





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  • Last time I had travelled by British Airways in 2004 and I have made a resoultion for never tavelling with them again. We had a baby 2 years old and he was cranky and my wife asked airhostess to clean the feeder and she refused, saying that 'Mam we don't do this!'. Point is that they don't treat us well even though they get lot of income on routes to India. Also, look at those crappy old planes they deploy on these routes. As someone else said in this thread that it is time for Indian Govt. to wake up and be stiff on such lapses. I am sure they will listen, as they can't afford to lose big bucks coming from India anymore.

    You are asking for too much. Any reason why you or your wife could not clean the feeder? They are air-hostesses and not your personal servants.

    Jeez what's next? Shine my shoes?? :rolleyes:





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  • Thanks for the reply..Sanju.

    Would you know if you were to use AC21 after 180 days of filing 485, to change employer what you would need..?

    Do you need to change H1-B ???

    Thanks
    Hey Buddy, as far as I know when you use AC21 you loose your non-immigrant status but start working leagally. So changing H1 to the new company is not needed.
    And as far as I can think, if you change your H1 to a new company at that pont it might even affect negatively on your green card process. Please check that with a lawyer.





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  • Call quality: Is not good as that of Vonage. But it is ok.
    Customer service: Not good

    Contract is the killing part.
    After tax, lingo and vonage prices are about the same.

    If you haven't signed up for the service yet, sign up for vonage.

    Thanks for the update and based on the user gc28262 update that the taxes going to be
    12+ dollars, not at all worthy......





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  • I am from Ga.. So i called Hank Johnson (D-Ga.) 202-225-1605..

    I will try to call some more people..





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  • He probably read the article about you too..

    I know it is hard to believe, but according to the tracking number below, Mr. Gonzalez signed for delivery of my flowers today.

    See below:(click on view package progress)
    http://wwwapps.ups.com/WebTracking/processInputRequest?HTMLVersion=5.0&sort_by=status&tracknums_displayed=5&TypeOfInquiryNumber=T&loc=en_US&AgreeToTermsAndConditions=yes&InquiryNumber1=1ZE19A16P204195432


    G





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  • I agree to what you say. The intend of this thred is not to support/oppose the outsourcing/offshoring the jobs. The intent of this thred is the fradulent use of L1s by the offshoring companies.

    .................................................. ....................


    rsharma, l1fraud,

    There is nothing wrong in reporting fraud.
    However your argument that you are reporting it since you cannot tolerate fraud isn't that convincing.

    If you were always against injustice/lawlessness, you will see a lot of it in your daily life. Do you report or take action against each of those ? I don't think so.

    After living in India for long and seeing people put up with all injustice and sometimes doing it themselves, it is hard to believe your argument that you are doing it just for the sake of law.





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  • I too had a LUD on my old H1.
    Lets hope for the best





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  • To all who are getting green. Good to see many approvals in the first few days itself.
    Best wishes to all others.





    I just checked my online status one last time for the day; since the USCIS website was down all day. Usually its the same status but now I saw a LUD in today�s date. I checked the case status and both me and my wife have the Card Production Status:D
    No emails or text just the update. Called the phone number and got the same message that the card has been ordered.

    Its been a very long journey very similar to many here. Its been almost 11 years to a month since we came to this country and had to go through 2 applications to finally reach here. Sacrificed career for the sake of the GC and was at my wits ends with this long wait. Thanks to the almighty the road from here is hopefully green:)


    Friends, IV�ians and fellow sufferers,

    Today we received our physical Green card; 63 years since my motherland got her freedom I got mine. Its been a long journey and I am glad that I can shut this chapter and go on to the next..
    First of all let me tell you that the mail that you get the card is as incognito as they come. Its not in the USCIS envelope, looks almost like a credit card offer. Wife was almost going to shred it but felt the card and opened it :). Its actually green. With the date of birth mentioned a gazillion times. Magnetic strip, hologram and all that kind of jazzy stuff. I have no freaking clue where they got the picture from, its not what I submitted with the I485. It should be the one they took while finger printing in 2007.

    Finally I popped the cork off a bottle of Champagne that I have been saving for this occasion and have taken more than a few morsel sips of the bubbly. (please pardon any excesses I might make in this post :D). Now I can chart out my career as I want to with no constraints to cap my potential. I can attain full self actualization in whatever I decide to do and also hopefully contribute more to society both here in my karma bhoomi and back in India my janma bhoomi.

    If I may paraphrase Jawaharlal Nehru � when the world sleeps (its 12:45AM eastern); I awaken� !!
    I have contributed both financially and with my time to IV. I will continue to do so. I wish all of you the very best and hope the ones waiting in get their GC soon. Keep the faith.





    I think IF we stress for FIFO principle then jumping lines , ships will be taken care of by themselves. let RD be used and PD recaPture request date on the letter be RD.



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