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Thursday, June 30, 2011

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  • BharatPremi
    09-24 12:53 PM
    How did you come up with dividing by 5 that is like 20% per country. isn't the cap 7% per country?

    You are not reading it correctly. Pleasse read it again.





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  • waiting for GC
    09-24 05:49 PM
    Got the CPO mails for myself and spouse.
    11 years wait is over finally. I wish all the best for the remaining folks !!





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  • whitecollarslave
    01-14 01:43 PM
    I posted the following question for the Nevada Presidential debate. I urge all of you, specially if you are from Nevada, to ask a similar question.

    http://www.msnbc.msn.com/id/22574335
    http://www.januarydebate.com

    "Illegal immigration has been a topic of heated debate and has received much needed attention during this election. Many of you have taken a strong position on one side or the other of this issue while ignoring the problems of aspiring legal immigrants. In the midst of all the hype and bickering about ILLEGAL immigration, there is a group of people, often forgotten and ignored, who are caught up in a bureaucratic mess and stuck in a limbo, patiently waiting on the path to LEGAL immigration. This is a group of high skilled workers, most of whom have advanced degrees in medicine, engineering and science from Universities in the US. These people have worked hard, paid taxes and waited their turn, many for a decade, without the end anywhere near sight because of a system that is hopelessly broken and inefficient. I am one of those people. I have been here legally for 10 years and still years away from the realizing the dream of immigrant status.

    As the President of the United States how do you intend to address the problems faced by future Americans already living and working LEGALLY in the United States?"

    For the skeptics-

    I know the chances of including such a question are really slim, specially with the sponsors they have. However, if a lot of us ask similar questions, maybe they might bring it up.

    Also, one might argue that even if they pose the question its not like all the backlogs are going to be eliminated. Thats not the expectation here. The idea behind this is to create an awareness and start people/media talking about problems of legal immigration.





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  • vikki76
    10-12 12:45 AM
    Thanks for such informative post KewlChap.
    My case is pending with IO since Sept 15th and there are no updates officially from USCIS. My question is- what should I ask IO through POJ method on phone? They just tell me to wait.
    Should I directly ask "what is status of my application"- tried that once and then was told to wait.
    Folks,

    Got the email about being registered as a new permanent resident on Oct 8th. Thanks to SoP, caliguy, fatjoe and all others on the forum who helped / gave me support. I essentially learned that USCIS will not move quickly on their own, they need to be pursued just like any other govt. office in India. I give my time line below for an idea of what I did. If anyone is waiting still, I sincerely think that you should do all of POJ/SR/Infopass/Senator/Ombudsman.

    Timeline:

    Sept 1st - became current
    Sept 5th - contacted NSC several times through POJ. Finally, a very nice lady told me that my case was not even assigned to an officer. Said that she will send in a request to the contractor to pull my case out and get it assigned to an officer.
    Sept 11th - Case pulled out of storage area and moved to a smaller waiting room [got this info later, but this is what had happened]
    Sept 13th: Opened SR.
    Sept 18th - Infopass: Told me that my case was assigned to an officer on Sept 11th (which was wrong really) and that I should wait 30 days. Also told me that my FP were renewed on March 9th and all my checks were clear.
    Sept 20th: Contacted Senator's office. Said they will send in inquiry.
    Sept 25: Response to SR. Case under review. Wait 30 days.
    Sept 27th: Letter from Senator saying my case was under review and I need to wait 30 days.
    Oct 2nd: Contacted NSC again through POJ method. A nice lady, Terry, told me that my case was assigned to officer on Sept 30th. She said, "your case was pulled out of storage and put in a rather large holding area where it was till Sept 30th." Also confirmed that my FP was renewed and other checks were clear. Said, just wait, it will happen soon.
    Oct 6th: Sent 7001 form to USCIS Ombudsman.
    Oct 8th: Got decision email.

    Learnings: Pursue your case as much as you can. Call NSC, but be polite. They are usually in good mood on Thu/Friday evenings and if you make some small talk, they will help you. I kept records of which NSC IO is rude and if they picked up the next time, I would just keep the phone down. In fact, the lady who helped me remembered me 'coz I managed to reach her 3 times. Dont just ask for status, say that you have called in the past and so far you know xxxx about your case. Some IOs are nice, some are rude. Nice ones actually tried to explain the entire storage area, holding area, supervisor supply chain to me. I think I kind of understand the process that happens at NSC just through these conversations now. Approach Ombudsman asap with form 7001. Call your Senator office and ask to speak to the immigration person. They are very understanding and will help you.

    Long-ish email, but thought that I will put it out there, and it might help someone stuck in this morass. If you need more info, ask me / PM me. I will be around these forums for some more time.



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  • caliguy
    10-22 05:19 PM
    @ fatjoe

    I will call them tomorrow to find the status. Thanks for providing the phone #.

    Btw, can you send me a pvt msg with your email address? Thanks!

    Did you send 7001 to Ombudsman? So, Ombudsman is also hopeless?
    Did you call them to find out the status? Here is Om's #, in case you don't know: 202-282-8000. Call them and update us as well.
    [/QUOTE]





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  • pop
    01-20 08:40 AM
    Because you still need a visa to enter the USA (though you have an H-1B approval) and application for the visa abroad is not always easy.



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  • cbpds
    04-06 01:22 PM
    Admin, please ban PoimibokInorn





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  • GC08
    07-09 09:22 PM
    why do you keep parroting the pro USCIS, pro -antiimmigrant line all the time?
    there are times when your realism makes sense, then there are others when it's plain silly.
    this was not a mistake. this was not an accident.
    civil servants do not show up on weekends by accidents. and they do not do 6 mnths of work in 15 days by mistake.
    it was intentional, directed and planned.
    you can believe whatever motives you want and you can sympathize with uscis till kingdom come. but pleaaasee don't tell me it was a random event, some act of god that is our destiny or such crap. please!

    I wish USCIS could stand out and answer those questions... do whatever they can to clarify those "rumors". :confused:



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  • arun397
    08-05 09:49 PM
    When does his Citizenship promotion act 2007 come for the debate!!!!





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  • bajrangbali
    06-17 12:28 PM
    Thanks L1fraud guy for bringing up the details to complain. I have contacted the local office and proceeding with the process as outlined by the ICE officer. I agree with you and other members on this thread who say this fraud has to be stopped before it becomes uncontrollable.
    Best of luck to others who are planning to take action. Dont wait till the fraud hits your job directly one day..



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  • saileshdude
    09-20 12:15 PM
    Hi ski_dude,

    I also received response to SR for me and my spouse that our cases are under review and allow them 60 days. Did you send an e-mail to TSC after you received the response to SR or before. Also what did you write to them in the e-mail. If you can share that would be great. I am still waiting after becoming current in Sept.



    I received a similar response to the 2nd SR. I was told that my case was under additional review and to allow them 60 days. However, my wife's case had been assigned to an officer for review.

    Did you send an email to TSC.Ncscfollowup@dhs.gov (for TSC - another email for NSC). I had no clue where my application was when even 2006 cases were getting approved. I am seeing some movement after emailing them.





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  • chanduv23
    06-14 06:52 AM
    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.

    If these companies play as per law then there is no issue. Everything is OK in moderation even outsourcing or offshoring. However these companies does fraudulent use of the L1s. They send endless people in L1s. Even if the person does not have hire/fire authority he/she is sent as L1A. General java/Oracle/.net developers are sent in L1A or L1B.

    These people with L1s are placed at client location and they work under supervision of client manager. False names are shown in the chart under these L1As benefeciary when they are applied for renewals.

    These things should be reported and should not be supported.

    Falsifying information is not right. If you have credible information and knowledge - write about this in detail. Let people know, what's going on.



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  • jsb
    09-21 11:30 AM
    JSB ! You are just one very optimistic one.. aren't you ? :)

    Let me tell you I am as anxious and frustrated as you all "July 2 filers, no action yet" are. But I am thinking about it a bit calmly, rather than thinking of doing something so that I feel that I have done something (i.e. complain, write to congressman, etc.). Expressing my anger by saying they should have done this or that, does not change the situation. I believe USCIS is working, as expected, with the capability/attitude of a government worker, treating our filings (which are so important to us) just another government office paper work. Best is just to wait for another 10 days, and if nothing is heard by then, take action as per procedures.





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  • truthinspector
    08-21 07:52 AM
    When I cancelled in Mar-09 , my experience was different. The CS was humble and only persuaded me not to leave. But the cancellation process went smooth.

    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.



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  • samnay
    09-10 03:49 PM
    Folks, got Decision email on 09/03, Approval email on 09/08. Does anyone how long does it take to get the CPO email and the actual card from here on?

    EB2 - Mar. 06

    Never got the CPO email but who cares? :-)

    Got the cards in the mail today! F*** 10 years of wait is over! Not sure if it was worth it but at least its over now!

    Good luck to everyone who is still waiting for theirs....hang in there!





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  • SunnySurya
    08-07 12:33 PM
    My simple question to you is are you in or are you out. If I rember correctly, you have masters and in Eb2 line...
    If you are in, I want to give you call to discuss the logistics..
    Ha ha



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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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  • puddonhead
    06-18 11:24 AM
    Are you suggesting the fraud should not be reported?

    Its like saying that do not report burglary in your home, as thief may do something bad to the family. Typical scare the victim approach.

    No - I am not suggesting that!!

    What I am suggesting is that the right time to take this up is when a recession is not in full swing. Between 2004 (when this law was enacted) and 2007 was a great time to pick this battle. Maybe another year down the line would also be a great time to pick it. Picking up this particular battle right now would probably make YOUR and MY lives much more difficult in the medium term.

    Like you and the OP - I am a selfish individual. I will pick up only those fights which are in my interest. I believe that this particular fight is a lose-lose proposition in the current climate. I am disputing your (and OPs) belief that this will be beneficial for you/me/rest of us.

    Lets take the example of the same Goldman Sachs manager. Tomorrow ICE comes to him and says you need to get rid of these 50 guys under you. What will he do? He cant increase the budget in the current environment. So he probably will hire a couple of GC holders/Citizens and replaces the whole division (with 50 GC/Citizens besides the 50 'violators') with an offshore team.

    Think about it!!

    Now is the time when everybody is thinking in terms of cost cutting. If you create costly disruptions now - then either the company becomes GM and lose out to overseas competitors or migrates the eitire division out.





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  • pappu
    06-21 12:17 PM
    There are several threads on the subject of multiple 485 filing. These days everyone is starting a new thread, with their question without looking at existing threads and sometimes people do not even put a title that is easy to know.

    if a member who is in need of an answer to this question, can volunteer to search the forum and find the relavant posts on this topic and put their link/ copy paste on this thread, it will help everyone.

    There are several members with multiple I140 approved and both husband and wife wish to apply for their I485 to be safe.





    chanduv23
    11-13 09:48 AM
    I had sent the four letters to different service centers. Got a reply letter back from TSC.
    The letter says "Thanks you for your recent inquiry to the Texas Service Center (TSC) via letter for information regarding your case. ....." Seems like a standard letter template.
    They returned my letter and even the envelope too. :)

    I am assuming they have a clerk who has been instructed to do this.
    Lets not worry about it, lets keep sending the letters





    gagbag
    07-11 01:04 PM
    http://www.ilw.com/articles/2007,0710-lee.shtm



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