gcgreen
08-07 02:01 PM
but why do you think this is an example of the system being gamed?
The IT consulting firm or whatever is willing to hire an experienced employee with more than X years experience for a job requiring more than 5 years experience. As long as this employer does everything by the book, and the prospective employee does everything by the book, what is wrong with this? Note that the prospective employee has still waited for about 5-6 years to get his GC, its not as if they are getting it within a year of applying.
[Note that if the IT firm is taking any money from the prospective employee whatsoever for the labor application, then that is against the labor regulations (at least I think this was part of the new regulations that got rid of labor sub)]
So where is the gaming? Also, assuming that you are saying the employer is taking money and creating artificial jobs then is this thing not a DoL and labor app problem as opposed to a lawsuit problem? I am confused. Please explain.
First let me state that I need people like you to proceed and hence I will be happy to answer the points you rasied to the best of my ability:
We all agree that there is severe backlog. Only way the backlog will alleviate is by increasing visa numbers, which not going to happen any time sooner.
So some people (and I know around 10 of them) what they are doing is the following:
They got the chance to file their 485 last July , which is pending. They are contacting several small desi consulting firms to file for their fresh labor in EB2 category. Once their labor is filled and new I-140 is approved, they plan to attach new I-140 to the original 485 and hence effectively convering to Eb2 category but with priority dates in 2002 and 2003 (because original I-140 had that priority). Worst, they would never join that desi consulting firm...
This how the system is being gamed. If I know 10 such cases, I am sure there must be thousand like that.Now you tell me , isn't that unfair
The IT consulting firm or whatever is willing to hire an experienced employee with more than X years experience for a job requiring more than 5 years experience. As long as this employer does everything by the book, and the prospective employee does everything by the book, what is wrong with this? Note that the prospective employee has still waited for about 5-6 years to get his GC, its not as if they are getting it within a year of applying.
[Note that if the IT firm is taking any money from the prospective employee whatsoever for the labor application, then that is against the labor regulations (at least I think this was part of the new regulations that got rid of labor sub)]
So where is the gaming? Also, assuming that you are saying the employer is taking money and creating artificial jobs then is this thing not a DoL and labor app problem as opposed to a lawsuit problem? I am confused. Please explain.
First let me state that I need people like you to proceed and hence I will be happy to answer the points you rasied to the best of my ability:
We all agree that there is severe backlog. Only way the backlog will alleviate is by increasing visa numbers, which not going to happen any time sooner.
So some people (and I know around 10 of them) what they are doing is the following:
They got the chance to file their 485 last July , which is pending. They are contacting several small desi consulting firms to file for their fresh labor in EB2 category. Once their labor is filled and new I-140 is approved, they plan to attach new I-140 to the original 485 and hence effectively convering to Eb2 category but with priority dates in 2002 and 2003 (because original I-140 had that priority). Worst, they would never join that desi consulting firm...
This how the system is being gamed. If I know 10 such cases, I am sure there must be thousand like that.Now you tell me , isn't that unfair
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sundarpn
01-20 09:44 PM
I have A number ...I think that signifies AOS number or something...
What is your point?
Right, but that A# I found on my H1b approval (approved Oct 10 '07) is different from the A # in my 458 receipts.
Just trying to figure out if folks who had an A# in the H1b approval notice are also facing the PIMS delay. (just a wild guess).
What is your point?
Right, but that A# I found on my H1b approval (approved Oct 10 '07) is different from the A # in my 458 receipts.
Just trying to figure out if folks who had an A# in the H1b approval notice are also facing the PIMS delay. (just a wild guess).
OLDMONK
06-29 07:52 PM
Samcam you are bringing in an Original post so its good. We have had about 5 original posts (not 15000) where people were contacted by law offices including you. since 2:pm PST today.
Other than that every one is referring to immi-law's OH or Aila or Murthy Now, Oh boy what a frenzy. Continue on original thread. Thanks
Other than that every one is referring to immi-law's OH or Aila or Murthy Now, Oh boy what a frenzy. Continue on original thread. Thanks
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Canadian_Dream
11-28 03:30 PM
My prediction was more on the long term like 5-10 years horizon. REITs have lost almost 70% of their values, but that's because asset value has gone down. If you want to gauge the returns look at the dividend yields on REIT which hasn't gone down that much. Besides due to free fall of oil and credit crunch we have deflationary pressure affecting the rents.
I don't think deflation is going to last very long, and sooner than later inflation will come back. and rents will go up. The enormous spending that is on card along with the money printed for bailout will eventually lead to inflation and dollar decline. Though I would rather have a deflation, signs tell me it is going to be inflation, call it my luck I have often been on the wrong side of the table. Look out for 50% REIT dividend yields in next 5-10 years.
rents will sky rocket in our dreams (I own a little REIT - so in my dreams too). rents are mostly decided on supply and demand, location and vacancy rates. in 99% of the areas the rents will increase by a very small amount and there is a good chance that it will stay the same or come down (because of deals). there is a huge oversupply of rental apartments and townhomes/condos (which are converted to rentals in many places)
in other words - rents will not go up for long long time and in my experience in many places, it has come down by around 100 - 200$ in many locations
I don't think deflation is going to last very long, and sooner than later inflation will come back. and rents will go up. The enormous spending that is on card along with the money printed for bailout will eventually lead to inflation and dollar decline. Though I would rather have a deflation, signs tell me it is going to be inflation, call it my luck I have often been on the wrong side of the table. Look out for 50% REIT dividend yields in next 5-10 years.
rents will sky rocket in our dreams (I own a little REIT - so in my dreams too). rents are mostly decided on supply and demand, location and vacancy rates. in 99% of the areas the rents will increase by a very small amount and there is a good chance that it will stay the same or come down (because of deals). there is a huge oversupply of rental apartments and townhomes/condos (which are converted to rentals in many places)
in other words - rents will not go up for long long time and in my experience in many places, it has come down by around 100 - 200$ in many locations
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vg1778
10-02 01:45 PM
I didn't get the phone# for USCIS compaint dept. But some one(may be ashres11) posted one phone#18003238603 for DHS. I called that number and it turned out Inspector General office. As i reported earlier. He told me to call regular USCIS 800. I said it's useless. He took some note and asked to call this new number 877-246-8253.
E-mail :
cisombudsman.trends@dhs.gov
joint.intake@dhs.gov
Fax :
202-344-3390
I got the LIN# I-765 from congresswoman office per USCIS reply.
who is cisombudsman.trends@dhs.gov? Is this a name of some person or some department name?
E-mail :
cisombudsman.trends@dhs.gov
joint.intake@dhs.gov
Fax :
202-344-3390
I got the LIN# I-765 from congresswoman office per USCIS reply.
who is cisombudsman.trends@dhs.gov? Is this a name of some person or some department name?
asanghi
07-09 08:22 PM
Why is everybody so happy? He has just briefly and curtly informed in the message that flowers will be forwarded. They won't be sitting on my desk and embarrasing me. There is no acknowledgement of the issue or any empathy or compassion with the sufferers. Now even the press coverage will make USCIS director look good. I don't see what's the positive development here.
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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.
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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ocpmachine
04-05 04:01 PM
Is that mean they are going to move the PDs much further and again move back during the end of the year!!
So isn't this implying that the PDs will advance very very further than the available visa numbers!!!!!!!!!!
.
The way i read that statement is that DOS is being cautious and don't want to move the dates way ahead at one go, dates will move by some degree in May and then bulletin will have projected dates for future months, this way if DOS sees demand from porting in Sept, it may not move EB2 dates at all...My 2C.
So isn't this implying that the PDs will advance very very further than the available visa numbers!!!!!!!!!!
.
The way i read that statement is that DOS is being cautious and don't want to move the dates way ahead at one go, dates will move by some degree in May and then bulletin will have projected dates for future months, this way if DOS sees demand from porting in Sept, it may not move EB2 dates at all...My 2C.
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gc_buddy
09-15 02:13 PM
Will call each and everyone of them.
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nocomment
09-23 05:17 PM
That's exactly what I wrote a few posts above. I think the more basic question is - What does 485 inventory mean? Is it already filed 485 numbers or "can be filed based on approved I-140" numbers?
To the OP: Can you provide the link from where we can open the PDF instead of just throwing the PDF open. Maybe that will provide a better context to the numbers.
The data says Individuals born in india, Their country of chargebility could be different?
To the OP: Can you provide the link from where we can open the PDF instead of just throwing the PDF open. Maybe that will provide a better context to the numbers.
The data says Individuals born in india, Their country of chargebility could be different?
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gcnirvana
06-16 12:07 PM
A# is the alien number that is given to the applicant during the GC process. It is either given at 140 approval or at 485. If you have a A# in your 140 approval then you can use that # in all your 485 forms.
To answer pranju's question, yes its only for primary applicant. You can leave that field as blank for your spouse.
What is A#?
Thanks
To answer pranju's question, yes its only for primary applicant. You can leave that field as blank for your spouse.
What is A#?
Thanks
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Edison99
03-31 01:58 PM
Thanks pappu for the updates!
During the discussions on 1485 filing provisions we there were questions related to EB2, EB3 backlog numbers post 2007 july + Based on the recent information we got on pending numbers + our discussion on if EB2 will get current this year helps us understand how the last quarter will behave. This analysis is not official and is our own interpretation based on information we know. We do not wish to seek out specific information on visa bulletins. It has not been IV policy. VBkris has been involved with IV statistical analysis of data and has been in meetings with officials. He has come up with an explanation to this news and how it may play out for the last quarter. His interpretation makes sense to me and I have asked him to post on the forum.
During the discussions on 1485 filing provisions we there were questions related to EB2, EB3 backlog numbers post 2007 july + Based on the recent information we got on pending numbers + our discussion on if EB2 will get current this year helps us understand how the last quarter will behave. This analysis is not official and is our own interpretation based on information we know. We do not wish to seek out specific information on visa bulletins. It has not been IV policy. VBkris has been involved with IV statistical analysis of data and has been in meetings with officials. He has come up with an explanation to this news and how it may play out for the last quarter. His interpretation makes sense to me and I have asked him to post on the forum.
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srgadi
09-10 07:22 PM
Do you get emails when you get soft LUDs ?
No, you don't e-mails or SMS for soft LUDs
No, you don't e-mails or SMS for soft LUDs
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needhelp!
01-09 07:40 PM
To find immigrant community everywhere.. at your workplace, at grocery stores, cinema halls, places of worship, where else?
Lets find them and inform them and CONVINCE them of the importance of doing this.
Lets offer to make it easy for them by having printed letters ready for signature + name + address.
We have only 4 weekends to get it done. In my past experience, you will need an hour to yield an output of about 10 - 15 letters. Plan and be prepared.
If you get a friend to go with you, it will be great, but if not, then plan yourself and execute. I had done this for our signature campaign prior to the rally and I will do it again!
Lets find them and inform them and CONVINCE them of the importance of doing this.
Lets offer to make it easy for them by having printed letters ready for signature + name + address.
We have only 4 weekends to get it done. In my past experience, you will need an hour to yield an output of about 10 - 15 letters. Plan and be prepared.
If you get a friend to go with you, it will be great, but if not, then plan yourself and execute. I had done this for our signature campaign prior to the rally and I will do it again!
more...
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hope_4_best
05-26 07:35 PM
One of the information required in I-485 form is:-
C. List your present and past membership in or affilation with every organization , association, fund....
I am currently a member of the below listed service oriented/not for profit organizations.
1.http://www.indiateam.org/
2.http://www.helpsavelife.org/
3.http://www.albanytamilsangam.org/
Do I need to tell about them?
Thanks in advance for all your suggestions.
C. List your present and past membership in or affilation with every organization , association, fund....
I am currently a member of the below listed service oriented/not for profit organizations.
1.http://www.indiateam.org/
2.http://www.helpsavelife.org/
3.http://www.albanytamilsangam.org/
Do I need to tell about them?
Thanks in advance for all your suggestions.
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kevinkris
10-02 01:26 AM
Hi All,
My friend whose PD is Dec 30 2004 - EB2 - Texas got his approval email. But he is already in india and travelling back this Oct 12th.
He already has valid Advanced Parole with him.
He wants to if there are any issues for him to enter at port of entry?
Any documents or print out of approval etc to be carried with him?
Does he needs to tell the office that his GC got approved?
Please help.
My friend whose PD is Dec 30 2004 - EB2 - Texas got his approval email. But he is already in india and travelling back this Oct 12th.
He already has valid Advanced Parole with him.
He wants to if there are any issues for him to enter at port of entry?
Any documents or print out of approval etc to be carried with him?
Does he needs to tell the office that his GC got approved?
Please help.
more...
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n_2006
11-20 07:43 PM
How come others are stupid and you are not? They did the same thing what you did. They also thought they can make some money by selling their house in few years. They are stupid because they took ARM loans? Or foreclosed before you? Did you thought about consequences before buying the house?
Yep. You are wise. All others are stupid.
Thanks for the feedback so far from people on this group.
Answering to the question about making bad decision and having a good job..well it is not my bad decision that has brought down the whole market but the banks and stupid people who took loan and didnt knew the consequences of ARM loans and then started filing for foreclosure.. because of those foreclosures the property rates have went down and i cannot get what i paid for the house.
if this whole mess was not there then anyone can find a good job and sell his house, if not profit then atleast with no loss..
i hope u got my point..
Yep. You are wise. All others are stupid.
Thanks for the feedback so far from people on this group.
Answering to the question about making bad decision and having a good job..well it is not my bad decision that has brought down the whole market but the banks and stupid people who took loan and didnt knew the consequences of ARM loans and then started filing for foreclosure.. because of those foreclosures the property rates have went down and i cannot get what i paid for the house.
if this whole mess was not there then anyone can find a good job and sell his house, if not profit then atleast with no loss..
i hope u got my point..
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InTheMoment
05-26 07:19 PM
First of all when it is visa information it is just that!
Please see answers below
Hi Friends,
I am in the process of filling I-485 form and got the following question, can you please help?
My stamped visa expired 1 year back and I am currently with H1B approval notice. In the 2nd page of I-485 form, under Part 3. Processing Information, I am wondering what I need to fill for the following columns.
1. Nonimmigrant visa number: Is this the EAC number of my current I797 or the visa number from my expired visa?. If it is from the expired visa, there are multiple numbers in the visa stamp, which one is the visa number?
------> The figures in red, not the control number on your
visa stamp.
2.Consulate where visa was issued: Is it the name of the consulate issued my last visa or Department?
------> If it was issued at a consulate state that, if
department mention department.
3.Date visa isssued: Is this is the date of last visa issued or the approval date of my current I797
-----> Again the one on your visa stamp.
Thanks advance for all your valuable suggestions.
Please see answers below
Hi Friends,
I am in the process of filling I-485 form and got the following question, can you please help?
My stamped visa expired 1 year back and I am currently with H1B approval notice. In the 2nd page of I-485 form, under Part 3. Processing Information, I am wondering what I need to fill for the following columns.
1. Nonimmigrant visa number: Is this the EAC number of my current I797 or the visa number from my expired visa?. If it is from the expired visa, there are multiple numbers in the visa stamp, which one is the visa number?
------> The figures in red, not the control number on your
visa stamp.
2.Consulate where visa was issued: Is it the name of the consulate issued my last visa or Department?
------> If it was issued at a consulate state that, if
department mention department.
3.Date visa isssued: Is this is the date of last visa issued or the approval date of my current I797
-----> Again the one on your visa stamp.
Thanks advance for all your valuable suggestions.
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imneedy
05-22 05:28 PM
Friends,
With the June visa bulletin, my priority date became current. My Labor and 140 already approved. When can I apply for I485? After May 31 or before May 31.
Thanks for your help.
RAJ
From June 1st to June 30th. Good luck!!
With the June visa bulletin, my priority date became current. My Labor and 140 already approved. When can I apply for I485? After May 31 or before May 31.
Thanks for your help.
RAJ
From June 1st to June 30th. Good luck!!
anilsal
01-26 12:24 AM
http://www.britainusa.com/visas/articles_show_nt1.asp?i=65025&L1=41000&a=41448
sundarpn
01-18 11:47 PM
I called the department of state, visa's section to enquire about this PIMS verification. They said that KCC handles it. When I called KCC they said they cannot check ahead of time :mad:
Folks who had delays in getting H1b stamped due to the PIMS system:
Can you look at your I-797 and see if there was an A number (something like A123 456 789) mentioned under the "Beneficiary" box?
Folks who had delays in getting H1b stamped due to the PIMS system:
Can you look at your I-797 and see if there was an A number (something like A123 456 789) mentioned under the "Beneficiary" box?
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