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  • Ramba
    08-21 05:25 PM
    . The ambiguity of the law for the preference of vertical vs. horizontal spill-over allowed them to do that.


    There is no ambiguity in law. The law is clear. One law (and one rule) should yield one interpretation. If someone interperting the languge of law differently; then that is their mistake. Thats what DOS was doing in between 2001 and 2006. This could be possible for them because no one was going after DOS. Now somehow they realized (or some affected applicants notified DOS). If the old practice is a result of correct interpretation of law, why they should change now? This is very high sensitive area; DOS might have not changed their practice without risk analysis. They should not care about how much retrogression in India; They should only care about implementing the law correctly, as becuase they are executive branch of government not legislative branch to worry about retrogression.





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  • soni7007
    08-07 01:24 PM
    LOL...

    This reminds me:

    Car = $30,000
    iPhone = $200
    House = $450,000
    Icecream = $2.50
    TV = $500

    There are some things money CAN buy, For everything else, there's GREEN CARD
    (i don't know what everything else is though...LOL)


    To add a few more conditions to the aforesaid situation...

    This is 2008.. Both JE and MBA are thinking that they will get their GC in 2009...

    Meanwhile they start arguing.. and many like them join their verbal-struggle..
    Because of this, IV community is divided.. Earlier only 200 people used to respond to action items .. now because of the rift only 100 do... this weakens the momentum that the campaign had..

    Meanwhile, NumbersUSA et all increased their efforts..
    Anti-immigration forces are united and under their pressure all the EB relief bills fail...

    Election is close USCIS shifts the focus to FB visas..
    EB backlog, retrogression goes up..

    JE and MBA still fighting their verbal fight... in same line.. still fighting with words... with few more years added to their wait-time.





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  • makemygc
    06-15 01:41 PM
    Filed for EAD for my husband along with the I 485's and have had all receipts, also had fingerprints done already, exactly one month after the receipt date. Sent both entire packets of forms with checks to Nebraska. We did not file advanced parole since I still have a valid H1B and plan to stay in my current job until I get my card. Husband will work on EAD and will not travel until gets his card, no family left in England.

    Don't you have to file Advanced Parole for your husband or can he travel just on EAD?





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  • illinois_alum
    09-25 02:12 PM
    The only thing I can tell is most of us are trying to search "light" from this "black and dark cloud". USCIS does not seem to be agree with what you are saying. Please have this trend chart and the worksheet in this thread together and then you will realize what we all are saying.:)

    Trend chart doesnt give you shit...its just an overall count
    I am referring to the PDF report - which clearly mentions that the numbers are for pending Employment based 485 applications. And yet people refer to this report and ask stupid questions or over-analyze it...



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  • gapala
    09-03 01:55 PM
    Hi,

    If any one is interested in signing and needs referral, Ping Me. I will send the referal link so that both of us will get 2 months free of service.

    thanks

    WOW! First post to solicit the referals from members??? :confused:
    Well, Thank you for your offer.... Do we know you??;)
    Are you also waiting for your GC like most of us here?

    By the way, Welcome to IV.:)





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  • chanduv23
    03-24 04:08 PM
    Got a reply back just now

    My mail to Capital One after getting the initial response:

    Craig,

    Thank you for the reply.

    I am surprised by the disqualification since the Department of Homeland Security (DHS) had issued the EAD. DHS has set clear guidelines not to discriminate based on any of the authorized work documents issued by them, EAD being one of them. The I-9 form required to be filled in by every employee (citizen or otherwise) clearly mentions this.

    Are you sure CapitalOne does not allow candidates who are on EAD specially when it does not require sponsorship from the employer ?

    Response that I received for the above email:

    Thanks for your message. The information regarding Capital One's policy on pursuing EAD card holders is correct. We are only able to pursue US Citizens or Green Card holders for these roles. I'm sorry, but we won't be able to consider your candidacy at this time.

    Best Regards,

    Craig

    HRs generally "quote" the policy word in every sentence they speak or write. It is a matter of interpretation. The HR may not have a decision making power and is just following what he/she is asked to do. No company has a policy that says GC or citizen, but policy can says "Authorized to work for any em ployer in the United States. I guess it is a matter of interpretation.

    The HR seems to be ill informed. Many companies do accept EAD and they are quite aware of the delays in EAD renewal - and that has rarely been the basis to reject a petition.

    If this is a trend then it is an issue to all, but if this is an isolated case then definitely you can look into places other than Capital One.

    If you want to spend time and resources you can go to a lawyer, but you have no guarantee that you will get the job there too.



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  • nkavjs
    11-09 02:13 PM
    On the Receipt notice. it says application received on 4 August. Processed on Oct 1, 2007.





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  • saimrathi
    07-11 02:43 PM
    I knew you would find something.. sorry to quote you again.. but i think the quotes are necessary in replies to understand the context of replies.. Yes lets make him aware of the rally in San Jose.. can we have a PDF with info on the rally and a back ground of the case... Thanks..

    I think we are on to something here. Please see the quote below from Arnold. Let's start communicating with his office and highlight the visa bulletin fiasco, flower campaign and media coverage. Should we start a new thread on this topic.

    As Schwarzenegger has said multiple times:

    "I think the most important thing to note is I am a champion of immigrants. I promote immigration. I am an immigrant myself. I think it's extremely important that we do it in a legal way."
    �Polls Push Governor to the Border�, LA Times, April 30, 2005



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  • vik_usa_2008
    01-17 02:25 PM
    I am in the same situation. Appeared for interview on 8th jan in Mumbai. They returned my PP, I-797 with a yellow paper and asked me to wait for email. Haven't recieved any email yet. Do I need to contact my employer? Does my employer need to call someone in US for approval? Or shall I just keep waiting? It is very frustrating. I called VFS office but they don't know anything.. If anyone has received email or approval please keep us posted as this is the only source of information.





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  • piyu7444
    08-24 01:27 PM
    If you give my reference we both will get 2 months free.

    Srikanth Vadlakonda
    972-798-0307 (H)
    friend.

    I think you need to send an email via vonage account to refer someone and the system automatically gives your account a credit when the other person signs up. Dont know if you can give a phone # and say that MR ABC should get the benefit of 'refer a friend'



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  • eastindia
    11-16 04:16 PM
    Vonage reaches settlement with states - Business First of Louisville: (http://louisville.bizjournals.com/louisville/stories/2009/11/16/daily11.html)





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  • gccovet
    08-07 01:41 PM
    Sunny ,
    What is your PD???

    Sunny_surya,
    What is you PD?

    I asked this earlier, may be you missed it, so, let me ask you again...
    What is your PD.

    Regards,
    GCCovet



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  • desi485
    11-17 04:17 PM
    There are a lot of interpretations. Popular Attorneys like Rajiv Khanna and Sheela Murthy claim it is not valid and always advise clients to have a h1b backup. Not sure why they are so keen on h1b. It could be because some adjudicators may send EAD revocations also along with 485 denials.

    Chandu, they may have other good reasons to do so, but one advantage for attorneys is an added fees out of filling for H1B; and for employers is less employee turnover due to the fact that even if employee is willing to change jobs. It is not so easy to find next job with H1 sponsorship than to be able to find one on EAD :)





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  • kumar1
    11-20 01:40 PM
    Do things in this order -

    1. Find a job first.
    2. Secure a good apartment at new job's location.
    3. If you need a better car buy one right now.
    4. Get some credit cards.
    5. Let your home go to foreclosure.

    It is a financial decision. Every once in a while, most of us go to different stores and ask them to match the price for the item that we had purchased earlier. If they do not match the price then we return that item. Don't we? Do not get sentimental. Just walk off! Your credit history would get screwed but if you plan it the way I said above, you will be fine. Good luck.

    And it won't affect your GC.



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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!





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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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  • foobar2001
    09-08 08:58 PM
    Thanks for your reply - but I looked at both email and they are exactly same except for approval date on them. that confused me :confused:

    how long it's taking to get actual card in mail after getting production email/ status update?

    yup - i got duplicate CPO emails as well - one on sep 1 and another on sep 2. The LUD date also changed from sep 1 to sep 2 after the 2 updates. Today i got the 485 approved email.
    Dont have the GC in hand yet - looks like none of the folks who got current in Sep have received their GCs yet. Speaking to some folks who got current last month, it seems like most folks had GCs in hand within 10-15 days of the first status update regarding CPO.





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  • spdy_mn
    06-29 06:19 PM
    Man this is Federal government dude and more over part of DHS. This is not a privately owned corrupted company where they can dick around with people.

    Govt agencies are more susceptible to bungling things than private companies. I can quote numerous examples but that will take the discussion away from the core subject.





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  • sri1309
    03-12 01:16 PM
    Dear Sri1309,

    Good morning!! Thanks a lot for your message about the letter to Ms Zoe. I think your letter is very fine. Good luck to everyone on immigration issue!!

    I have a question on your solution#4) "granting citizenship to people who have stayed in US for 10 years by rules to pay taxes". The 10 years ----are you talking about several years of study plus several years of working in US in H-1B visa ONLY or for any people who have legally stayed in US for 10 years??? I raise this question because I am curious to know whether I will fit this category. I was a foreign student in US for 10 years and pay foreign student tuition fee in full for 10 years. The first 6 years in several degrees and then back home and then come to US again for professional doctorate degree in 4 years. Originally I find employer to file me the H-1B visa but the quota for Master degree or above is full and then I back home until now. I am sure someone has similar situations to me!!
    From other forum, someone said that it is extremely difficult to legalize the illegal aliens due to recent huge economic recession. But if each illegal aliens give non-refundable $5000 immigration entry fee to the country, the country will have about $60 billion fixed income. Then I immediately have thought about if our international students who have stayed in US for 5 years or above give more immigration entry fee to the country, the country will have tremendous cash flow into the economy and may help the economic crisis. I have previously replied to somebody and the link is as below:

    This thread is located at:
    http://immigrationvoice.org/forum/showthread.php?t=23955&goto=newpost

    Do you think my thought is stupid and unreasonable??? If someone thinks a better idea/thought, please correct my idea. Anyway, good luck to everyone on the immigration issue because this topic is very tough due to recent economic recession!!

    Have a nice day!! Thanks a lot!!

    I will come to your quesiton, but let me ask the other guys who just responded, a question.

    Sunx_2004, Sarala, and ALL
    Thanks for the compliments, I'm happy but we will be thrilled if apart from compliments, if you've said that you have just written to change.gov or to atleast one or two reps. Just spend a $10 on postage stamps. Dont think the reps dont read our letters.

    If you want a green from me, in your reply, please reply with atleast that you have posted this on change.gov, under Agenda--> Immigration--> Submit your ideas. OK? after really doing it.
    when two of you do, it will make 4 others do.. then 16.., read my other thread by searching "Chain reaction".. that too went down the drain..

    Now to this post.. Ofcors how can I not include you in this.One of the last points clearly says to give a greencard to anyone who graduates here. Now its upto them to let in quality students., I support filters at entry level into schools or jobs, not to those who have spent 5-10 years here..
    My point is 5 years in US legally and 10 years in US legally. No matter if you went to school, or were on H1 from day one.
    Also I am sure you have good # of friends in situation like you are in. Pass this message to them also to write and also about IV.
    But dont wait for anyone to come and help you out. Create a snowball affect which gathers mass as it rolls.





    chanduv23
    11-17 11:44 AM
    To all those lazy folks out there - economy is constantly deflating and you must understand that you may not be spared. This action item is simple and it takes just 10 minutes. If you can't even do this to help yourself - then you face the consequences





    needhelp!
    01-16 02:29 PM
    Voted for 2 of the entries..
    http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004wel

    and

    http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004lrV

    Are we trying to vote on any others?



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