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  • qasleuth
    05-14 01:38 PM
    Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
    http://www.ailf.org/lac/pa/lac_pa_081505.pdf

    Wrongful denial is disputed based on the Administrative Procedures Act (�the APA�)
    The APA allows reversal of agency action that is �arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.� 5 U.S.C. � 706(2)(A).
    Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
    http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf

    Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.


    this is extremely useful information. Can you please update IV Wiki, when you get a chance ? www.immigrationvoice.com/wiki




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  • singhsa3
    09-12 02:48 PM
    We don't need 70K people. 50-100 will do. But we do need a media strategy.
    only 30 people have voted so far....and we are talking about organizing 70,000 People.....Most of the users come here to get the latest news related to GC and to get answers to their questions....50% of users won't even log in to the site if they don't have any "URGENT Question" or "Need Help.."( I know that 50% of my friends don't log in to the site everyday) Type of questions to Post...I bet more then half of the users won't be aware of these efforts that we are trying to put in. I think we need to first inform everybody that IV needs theirs support. we should send emails to every users to come and check the site..




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  • yoda
    09-13 12:54 PM
    State coordinators and the team from states with a large immigrant population like the IL, MI, FL, GA, AZ.. Where art thou?

    Please remove some time to send the rally information to the important radio stations (Public Radio) and your state's/town's largest newspapers..

    We are on the final leg of our run folks, lets give it the final push!




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  • SGP
    05-25 01:02 PM
    Thanks LONGGCQUE and forgerator. For the benefit of others, I will post the time time it took to get approval as soon as I get it.

    It seems Feb 2011 is a golden era for PERM approvals , almost similar effect of July 2007. I have noticed people who filed in February got their PERM approvals in under 2 weeks.

    I just got a response today from my employer that my labor has been approved today :D under EB3. It was applied on March 29 & approved today (May 25) its just shy of 2 months.



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  • vkannan
    03-03 06:41 PM
    That is not true, my lawyer who is very influential and he has some good contacts he told me that this year spill-over would be different form last year. I was stupid so didn�t believe him about July 2007, and paying it for now for not having EAD.

    I know this is hard to believe especially if something comes from lawyer.






    Thank's
    MDix


    Buddy, you are scaring EB2 folks a bit there with your comment (including self...) anyways I truly feel ppl. who applied before me should get their GC....it doesn't matter which category they are in.....anyways buddy your profile says you have a PD in 2008, why do u say you missed 2007 fiasco???:confused:




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  • flthere
    07-11 10:39 AM
    Well, everyone is going to pay just one time for EAD from now on ... but sad thing is they need to apply for EAD again in a year ... at that time it's gonna be free applying :D



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  • akhilmahajan
    09-14 02:04 PM
    Ppl dont deserve, its their right. If they understand the meaning of deserve, they would be in DC with families.

    But we educated ppl still think we dont deserve.
    I dont know when we will come out of our comfort zone.

    Its very easy to find 1000 cowards but always hard to find 1 brave person.

    I am sure all our educated brethern are BRAVE ppl, but i think hesitant to show it outside their comfort zone.

    Go IV Go
    It's on September 18th or Never.




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  • 485Mbe4001
    06-10 12:07 PM
    Recapture is actually a non controvertial issue and most politicians support it in private. The business lobby was sucessful in getting it done (btw the democrats opposed it even then). These days we have the sword of 'amnesty' hanging over everything related to immigration plus the positions are so polarized that it is impossible to get anything done. The lame duck presidency isnt helping either, each congressman/senator has to worry about its own agenda and their people.

    With the internet every little bit of information is distributed immediately and the opposing forces can easly create noise to drown it...that in a nutshell is why nothing is working for us.

    As mpadapa mentions people satisfied with EAD/AP think that life is good and dont want to help. When people wait in EB3 for 7-8 years and renew EAD/AP for 4-5 times like i have, they will understand. Untill then we hope and pray and call

    Visa numbers have been recaptured in the past (year 2000, I think).

    Do we know more details on how this happened? Who worked for this and what did they do to make their efforts successful?

    Same with the AC21 provision that allows changing jobs after 180 days. That is a huge accomplishment for whoever worked to make it happen.

    Perhaps we can borrow some of their wisdom.



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  • santb1975
    06-08 07:49 PM
    none at all?? :confused:




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  • java_jaggu
    06-04 01:15 PM
    http://www.ilw.com/articles/2007,0604-lee.shtm

    Based on this article, it looks like even those 140's and 485's filed after the cut-off date will be fine as long as the GC is approved before Oct 1, 2008, so folks will have some breathing time and flexibility to plan their next move, if the bill passes in the current form.



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  • gcformeornot
    01-05 08:19 PM
    I have been confused by some of the things Professor Wadhwa says -- being opposed to H1 visas and saying there are no shortages of engineers. I saw this video on Youtube which explained everything to me. He is acting like a true American -- like we should once we become citizens. He is advising America on how they can stay competetive -- like all of us want for this great country. But he is also saying that the real solution is for America to welcome immigrants as permanent residents rather than on temporary visas.

    Now I understand his message -- if you want to bring in the best from all over the world, bring them here on green cards -- not H1 visas. I also read one of his interviews where he said he was concerned about how H1 workers were taken advantage of and how they lived in immigration limbo. He really does care about doing what is right for all of us.

    I totally totally agree with Professor Sahib! I wish the government listens to him. What he is saying is good for everyone. As Indians we want America to succeed and prosper and we want to be a big part of the reason they prosper.

    Please see this and give it a good review -- http://www.youtube.com/watch?v=bvqqYDmLgjY

    Gayatri

    Its completely conflicting. I think somebody edited it to suit themselves. There are contracdictions everywhere.




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  • indio0617
    03-09 10:38 AM
    Talking about real -id act....



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  • milind70
    07-11 11:15 AM
    Just did some stats on , did only for texas service center

    It appears that Notice Date is immaterial. As long as your PD is current.
    So, you dont need to worry, if your notice date is Oct 2007 and TX processing date still shows July 17th. They are approving the cases as long as your PD is current in PD order which makes sense.

    I see a case with Nov 12 2007 ND and PD of dec 2002 is approved.

    Dont expect any LUD's either, Only suprise email matters....welcome to america, card production ordered.....:D

    Yes that seems to be the case , I had a friend who could have applied in June 2007 but due to some documents issue applied in Aug 2007 under the July adjusted bulletin, his notice date was very recent but he suddenly got his GC(his PD was current). But he said no LUDs or anyhting of that sort just recieved the magical email one fine day. His case was at Texas Service Center. His PD was Oct 2002 EB2.




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  • chanduv23
    09-15 04:16 PM
    Bump



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  • DDLMODES
    07-06 10:17 AM
    What the hell on earth is this? Do you know for sure they have ignored it? Do not add masala to the existing crap. Do you understand the consequences of these kind of spiced up stuff? We all would be sulking in the security check for ever, if DHS gets pissed off or gets a congressional hearing and the authorities get lambasted over this. You are seeing how doctors are being implicated in UK and all over. Security is the most important thing right now on this planet and western world is agog over security. I dont know from where Greg Siskind and Jay Solomon got the tip off. They tipped each of their hats off and put the story in our brains to run the show. Security is not a Joke. Do not make it a bigger issue unless you dont know whether it really has happened. The consequences can be pretty dangerous to the extent of revoking all the issued GC's in the past 20 days, if congress gets high on this. I dont know what lawyers want, but my understanding is none of us want to have negative consequences of this issue.

    No matter who screwed up, we should be conveying the following message after we say that USCIS/DOS goofed up.

    "The root cause of the situation is the inability of
    a) DOS/USCIS to recapture the visa numbers from previous years
    b) to carry forward the unused numbers for atleast one year

    If congress makes the needed legislative changes to solve the above two issues, USCIS/DOS will not be in the ugliest predicaments like they are in right now"


    Its our choice to make USCIS/DOS our enemies or we get compassionate to the situation considering how arcane the current laws are. We agree or not, we have to work with them going forward. Just that they are down and we are on a bashing spree right now doesnt mean that it will be situation for ever.

    Agreed 100 % !
    Stop spreading RUMORS that can hurt us guys !
    :mad:




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  • niraj1207
    09-11 01:39 PM
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  • maddipati1
    09-01 11:57 PM
    other options? u mean like Canada ?

    what life? do u have one? in Canada ? if u have, u wouldn't be on this US immi website posting stupid comments.

    sour grapes? feeling like jumped out too quick?

    feeling like NA GHAR KA NA GHAT KA ?

    :mad:

    EB3- I is finished pretty much. It is illogical now to expect GC even. Need to accept reality and look at other options in life.




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  • manderson
    12-28 06:31 PM
    After some point we need to ask USCIS to update the processing times to reflect this long delay, or take legal action or whatever to expedite this...




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  • gk_2000
    08-23 10:50 PM
    Then why you are fighting for the spill over rules as they stand. Because its going to help you :confused:

    Read all the pages and let us know where anyone is stating to close the program. All we are saying is to close the loophole.

    Context is everything

    And people here are scolding and ranting against the program, not "loophole". But why even fight against the so-called loopholes? Don't we have anything better to do? Visa recapture is a much more worthy goal

    And BTW, a 30k salary doesn't matter for executives. Jerry Yang works for $1 a year, so does it mean he is not eligible? And what about the executives working for free for a noble cause? Not everyone is money-minded, and they may choose their goals and priorities




    javaconsultant
    03-27 11:51 AM
    guys, please post your action about Monday so we atleast have an approx no.of faxes going out to Ms.Chao

    We have the address but does anyone has the fax number?
    I would say all of us who ever wants to fax & mail letters to every authority. lets do it on April 3rd.
    Remember it is April 3rd and this has to be coordinated to all forums mainly to Dallas BEC and PBEC and same subject has to be used in all the fax's & Mail.

    DOES ANYONE GIVE ME THE FAX NUMBER?
    Please cut and post below into all forums with fax number you visit this way it will be coordinated.


    --------------------------------------------------------------------
    We are trying to conduct a nation wide rally of faxes/mail to be sent to Concerned authorities on April 3rd and April 4th, if your Labor is stuck in any of the BEC please send a
    - Mail to below address (so that all mail could reach authorities on same week)
    - Fax to below number (so that all faxes could reach authorities on same day)

    April 3rd and APRIL 4th

    Please use same subject in all your faxes, no matter how you want to address your content of the letter. Please try to post matter of this posting to all forums you visit.

    Subject: Delay in Foreign Labor Certification application approval process at BECs



    DOL Contacts

    Ms. Elaine L. Chao
    Secretary of Labor
    (202) 693-6000

    Mr. Paul T. Conway
    Chief of Staff
    (202) 693-6007

    Mr. Steven J. Law
    Deputy Secretary
    (202) 693-6000

    Ms. Ruth D. Knouse
    Executive Secretariat Director
    (202) 693-6100

    Ms. Amy Barrera
    Director of Advance & Scheduling
    (202) 693-6003

    Ms. Laura Genero
    Associate Deputy Secretary
    (202) 693-6000

    Address for all the above people
    U.S. Department of Labor
    Frances Perkins Building
    200 Constitution Avenue, NW
    Washington, DC 20210




    Below is the sample draft:
    -------------------------
    Dear Sir / Madam,

    Sub: Delay in Foreign Labor Certification Application approval process at BECs

    I would like to bring it to your attention the delays in LCA approval process at the two BECs, most notably the Philadelphia. I have been waiting for almost 2 years since the commencement of two BECs and have not recieved our apporvals.

    Me and my family are suffering constantly due to these delays. Please take necessary measures to speed up the approval process.

    I would be highly obliged if you look into this matter as soon as possible.

    Sincerely,
    your name
    City, State, Zipcode
    __________________
    Case Status:
    YOUR PRIORITY DATE
    YOUR STATE
    TR/RIR
    EB 1/2/3




    a1b2c3
    08-17 12:34 AM
    Looking at the recent approvals looks like USCIS does the following:

    1. Pick up x number of files using a random algorithm.
    2. Arrange these files in a random order using the same random algorithm
    followed in step 1.
    3. Randomly pick any file arranged in step 2.
    4. Toss a coin.
    5. On odd dates if it is heads,approve the file. On even dates if it is tails
    approve it.
    6. If file is not approved in step 5 put it on the shelf to be picked up
    in step 1 in next cycle.

    I can only hope you are wrong :). I hope they sort first by PD and then by RP.



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