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
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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skillet
06-20 01:07 PM
Mine was filed in Feb 07. My lawyer has opened an inquiry and its pending too
ChainReaction
04-25 11:12 AM
Isn't that what senate is proposing forthe illegal that those who are inthe country for more than 5 yrs get special treatment compared to those who came 2yrs ago, so why that can't be applicable for Legal Immigrants?:rolleyes:
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quizzer
07-06 02:16 AM
Please digg
http://digg.com/politics/Suit_Planned_Over_Visas_for_the_Highly_Skilled
jus dugged
excellent article
http://digg.com/politics/Suit_Planned_Over_Visas_for_the_Highly_Skilled
jus dugged
excellent article
more...
sri1309
08-14 10:54 AM
I would name such a fund "Visa recapture fund" or something that clearly identifies our requirement. But again, we will not be very loud if you contribute to such funds as, when compared to many others who contribute, our number is very small.
We must be able to push ourselves forward with the clear banner and express ourselves.
Sri.
We must be able to push ourselves forward with the clear banner and express ourselves.
Sri.
ramus
07-06 12:10 PM
Please change subject of this thread or close it . It seems like we have new visa bulltein from DOS..
more...
HV000
09-28 11:43 PM
Can all of us at least send a joint request/letter to Rep Lofgren to ask USCIS to formalise a procedure for re-capture of visa numbers?I guess USCIS can do this without any senate approvals.At least ,this will decrease retrogression a little.Any major reform looks unlikely anyways till year 2009...
2009 is VERY OPTIMISTIC. Why would a new administration take up "touchy" issue like immigration in its 1st year (2009)? Least we can expect is 2010 IF NOTHING HAPPENS BY MID NOVEMBER - Congress goes to recess for the year.The window of opportunity is short!
2009 is VERY OPTIMISTIC. Why would a new administration take up "touchy" issue like immigration in its 1st year (2009)? Least we can expect is 2010 IF NOTHING HAPPENS BY MID NOVEMBER - Congress goes to recess for the year.The window of opportunity is short!
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EkAurAaya
04-30 03:15 PM
Hahaha... Oppenheim just got caught in his words by that guy ... yoooooo!
Care to elaborate... for the audio/visually deprived :)
Care to elaborate... for the audio/visually deprived :)
more...
add78
06-19 12:01 PM
Guys,
every bit helps.
do whatever you can.
remember that cup of starbucks / dunkin is $3 / $2 a day, 10 days = 2 weeks of coffee = $30 / $20.
we can reach out to our friends and energize them.
every phone call counts. every discussion counts. every persuasion triggers another one. every donation counts.
$100/year = 27 cents a day!
$50/year = 14 cents a day!
Let us stand up to our High Income, High Education, High Skills reputation.
Please donate. Please reach out. Please do whatever you can to help your own cause.
Thank You.
every bit helps.
do whatever you can.
remember that cup of starbucks / dunkin is $3 / $2 a day, 10 days = 2 weeks of coffee = $30 / $20.
we can reach out to our friends and energize them.
every phone call counts. every discussion counts. every persuasion triggers another one. every donation counts.
$100/year = 27 cents a day!
$50/year = 14 cents a day!
Let us stand up to our High Income, High Education, High Skills reputation.
Please donate. Please reach out. Please do whatever you can to help your own cause.
Thank You.
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QuestGC
01-06 08:30 AM
A small but important correction in the above quote. Indian education is not a gift of the Brits. As a matter of fact history of eduction in India dates back to its cultural heritage. Nalanda university is considered to be the worlds first university. Correct me if I am wrong.
Yes. Nalanda Univerisyt is one of the oldest. If you consider the 80% of education system we follow, they are all gifted by brts.
Ex: English... the way we speak and use the language is like brit.
Irony,,, Nalanda University is being revamped (I think structure wise) by Japan government.
Yes. Nalanda Univerisyt is one of the oldest. If you consider the 80% of education system we follow, they are all gifted by brts.
Ex: English... the way we speak and use the language is like brit.
Irony,,, Nalanda University is being revamped (I think structure wise) by Japan government.
more...
Macaca
07-18 08:18 PM
IV has accomplished the current mission in a very american way, of lobbying, on behalf,of a grassroots movement, and based on fairness. Besides acheiving the goals, it also demonstrates that the legal skilled community is ready to integrate into the American society.....
A small contribution for the future goals ... $500 today and more to come....
Thank you IV for your time, effort and support through the emotional roller coaster.
Thank you very very much! :D :D
A small contribution for the future goals ... $500 today and more to come....
Thank you IV for your time, effort and support through the emotional roller coaster.
Thank you very very much! :D :D
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gc_on_demand
05-27 03:47 PM
If I may suggest it may help our funding drive if we allow smaller contributions. (20$ or 10$) both recurring and one time.
I know at least a couple of people who would do a 20$ 2-3 times a year but won't do a $50. Anecdotal but may hold true for a lot more people.
-dslamba
We should do that .. Only fear is people who are contributing 50 will change to 20.. and what if those new members wont contribute ?
I know at least a couple of people who would do a 20$ 2-3 times a year but won't do a $50. Anecdotal but may hold true for a lot more people.
-dslamba
We should do that .. Only fear is people who are contributing 50 will change to 20.. and what if those new members wont contribute ?
more...
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jonty_11
09-10 12:57 PM
i predicted this....- retrogression again......
This was bound to happen....we need legislation ...not monitoring these forumsin hope that dates will move...
This was bound to happen....we need legislation ...not monitoring these forumsin hope that dates will move...
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immi_twinges
07-20 04:02 PM
Senator Kennedy gave big speeches on immigration.
he talks about amnesty to people who stayed illegally for 10 years
How about staying legally for 10 years...
The Democrats falsely accused the anti-amnesty forces of "opposing immigration" and "racism." Actually more Democrats voted Nay.
I though Kennedy was pro immigration...looks like he just cares about illegal immigration..
Lets ask the so called pro immigration senators who voted naey...why they did it
Arent they aware of the USCIS wasting so many visas and plight of legal immigrants
They want to convert illegals to legal...
Lets ask them to First fix the Legal immigration:mad:
he talks about amnesty to people who stayed illegally for 10 years
How about staying legally for 10 years...
The Democrats falsely accused the anti-amnesty forces of "opposing immigration" and "racism." Actually more Democrats voted Nay.
I though Kennedy was pro immigration...looks like he just cares about illegal immigration..
Lets ask the so called pro immigration senators who voted naey...why they did it
Arent they aware of the USCIS wasting so many visas and plight of legal immigrants
They want to convert illegals to legal...
Lets ask them to First fix the Legal immigration:mad:
more...
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gc_on_demand
04-30 02:58 PM
I can understand if some congressman is agianst it.. but why USCIS doesnot want additional visa..
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jimytomy
05-24 09:56 AM
Contributed $100 . Good way to start long weekend !
Receipt ID: 2168-6313-9515-3493
Have a nice Week End !
- JimyTomy
______________________
EB3 India
Receipt ID: 2168-6313-9515-3493
Have a nice Week End !
- JimyTomy
______________________
EB3 India
more...
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willwin
07-11 09:06 AM
dude..dont rain on our parade...everyone knows the harsh realities.. i myself said earlier that only half the battle is won...but the least we deserve is one day of hope.
Congrats EB2-I !!
I guess the intention of DOS was to enable Consular posts to approve as many EB2 cases as possible inorder to minimize VISA wastage. And also continue to enable USCIS to pick the low hanging fruits.
Otherwise, I dont think USCIS has cleared all pending cases with PD earlier than April 2004.
Yes, EB2 definitely deserves this moment and at the same time EB3 I does not deserve this 'coma' stage in their PD movement.
Congrats EB2-I !!
I guess the intention of DOS was to enable Consular posts to approve as many EB2 cases as possible inorder to minimize VISA wastage. And also continue to enable USCIS to pick the low hanging fruits.
Otherwise, I dont think USCIS has cleared all pending cases with PD earlier than April 2004.
Yes, EB2 definitely deserves this moment and at the same time EB3 I does not deserve this 'coma' stage in their PD movement.
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jgh_res
10-01 06:14 AM
First in First out is always the best option. Unfortunately that is not happening. In this scenario you should be happy that lot of people are getting green cards as the number of people in the line before you gets reduced and the visa numbers are not wasted. As some body said "Life is not fair".
The sad part is that some applicants who missed the boat called BEC with PD of around June 2004 on EB3/India got approved in June end/July time frame. I did see this on some forums external to IV.
I think there may be candidates from 2001/2002/2003 who may have applied in June/July 07. But if the rumors of NSC processing RD wise (as seen on some forum posts outside IV), then it is unfair to these people, because there may be others who missed the BEC boat and are ahead of these folks coming out of BEC.
The sad part is that some applicants who missed the boat called BEC with PD of around June 2004 on EB3/India got approved in June end/July time frame. I did see this on some forums external to IV.
I think there may be candidates from 2001/2002/2003 who may have applied in June/July 07. But if the rumors of NSC processing RD wise (as seen on some forum posts outside IV), then it is unfair to these people, because there may be others who missed the BEC boat and are ahead of these folks coming out of BEC.
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WillIBLucky
12-18 02:40 PM
Who ever has got the idea of striking, picketing or hunger strike, it will not work here. Lobbying is the only way out for us. Well I guess someone has taken a cue from Mamta Benerjee. Well it surely works in India but not in United States.
So lets stick to lobbying and calling the senators and addding members and contributing to help lobbying.
So lets stick to lobbying and calling the senators and addding members and contributing to help lobbying.
murali3000
08-25 08:44 PM
It is not a good idea to buy property in India now ( at high prices )
You can see a 30 to 40% decline in prices in coming months/ years.
Wait and buy.
As far as loan , go with SBI or LIC home loans - slow in processing , but you can save lot .
No ICICI
You can see a 30 to 40% decline in prices in coming months/ years.
Wait and buy.
As far as loan , go with SBI or LIC home loans - slow in processing , but you can save lot .
No ICICI
gccube
07-19 02:29 AM
I personally believe that PD is more significant than the RD but it makes sense to me that RD may take precedence if the PD is current (as suggested by some members of the forum).
But if we think that at all times RD is the order they process them what would happen in this scenario
1. A guy with 2001 PD filed later and was 750,000 th guy in the queue of AOS applications.
2. After accepting all the apps USCIS retrogressed the dates to 2002 Jan. That means that USCIS is asking for AOS apps which satisfy this PD. That means that a visa no is available as of that date for adjudication so the first new application received(after they are retrogressed) will be 750,001 th application.
3. If RD is the only processing order at all times then 750,001th application will not be sent to an officer for review until all other 750,000 th applications with a better RD are processed.
4. Assuming that this takes 3 years (for example) then they are accepting an application today which they are not going to even look at in the next three years and this is not making sense to me.
5. If they are accepting the 750,001 th application because that application qualifies for a visa no then that should be processed before the other applications(barring for special cases FBi name check issues, RFEs etc). This means PD comes into picture when there is retrogression. So then they have to apply the same rule for the I-485 applications which are pending with them. They some how have to order them on the PD and I assume this should not be rocket science for them as that data is part of our AOS applications.
Thanks everyone for your inputs.
But if we think that at all times RD is the order they process them what would happen in this scenario
1. A guy with 2001 PD filed later and was 750,000 th guy in the queue of AOS applications.
2. After accepting all the apps USCIS retrogressed the dates to 2002 Jan. That means that USCIS is asking for AOS apps which satisfy this PD. That means that a visa no is available as of that date for adjudication so the first new application received(after they are retrogressed) will be 750,001 th application.
3. If RD is the only processing order at all times then 750,001th application will not be sent to an officer for review until all other 750,000 th applications with a better RD are processed.
4. Assuming that this takes 3 years (for example) then they are accepting an application today which they are not going to even look at in the next three years and this is not making sense to me.
5. If they are accepting the 750,001 th application because that application qualifies for a visa no then that should be processed before the other applications(barring for special cases FBi name check issues, RFEs etc). This means PD comes into picture when there is retrogression. So then they have to apply the same rule for the I-485 applications which are pending with them. They some how have to order them on the PD and I assume this should not be rocket science for them as that data is part of our AOS applications.
Thanks everyone for your inputs.
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