cbpds
08-27 08:31 PM
I think Vonage will offer this free International calling for few months till it meets its target of new subscribers and then start charging per minute later on or in an indirect manner.
Once the new charges come into force the happy subscribers will not be able to cancel the service immediately due to cancellation charges and moreover since all other providers will be more of the same, Vonage wud then retain most of the customers
what say thou?
Remember you are talking about INDIA which is not US. you need broadband connection and Electricity for VOIP and you know the availability and reliability of both in INDIA.
Once the new charges come into force the happy subscribers will not be able to cancel the service immediately due to cancellation charges and moreover since all other providers will be more of the same, Vonage wud then retain most of the customers
what say thou?
Remember you are talking about INDIA which is not US. you need broadband connection and Electricity for VOIP and you know the availability and reliability of both in INDIA.
wallpaper the voice contestants xenia.
dhirajs98
11-25 10:49 AM
What they did on Wall Street was short selling of stocks. This is nothing to do with real estate. Short selling of real estate is a way for Lenders to get the marlet value of the property instead of foreclosing it for no value at all. This is something which is approved by the lenders based on the market. Nothing illegal in it.
is'nt this exactly what the investment bankers and speculators on wall street did? It was not illegal (since Paulson and Dubya have deregulated the market so much) but it has now led to the biggest economic downturn in decades, has decimated the retirement savings of millions, and led to millions losing their homes and jobs. Nothing illegal, good for the people who made those decisions (millions in bonuses) but absolutely disasterious for society as a whole.
this is a big irritant I have in this whole problem. People are blaming everyone but themselves. Those who bought houses to flip, or mortgages that they cant afford blame the lenders, the housing market, alan greenspan etc. The CEOs of the Detroit big-3 earlier this week blamed the economy, california emission standards, fuel prices etc.
WHat has happened to taking responsibility for their own actions?? Of all the financial firms it is the one doing somewhat ok: Goldman Sachs, which has cancelled bonuses for their execs. All these other firms which came tincan in hand begging for taxpayer bailouts should all also, by default cancel all salaries and bonuses for the execs. But no, there is no taking of responsiblity any more. Any problem that anyone in America has, is someone else's fault. Disgusting.
is'nt this exactly what the investment bankers and speculators on wall street did? It was not illegal (since Paulson and Dubya have deregulated the market so much) but it has now led to the biggest economic downturn in decades, has decimated the retirement savings of millions, and led to millions losing their homes and jobs. Nothing illegal, good for the people who made those decisions (millions in bonuses) but absolutely disasterious for society as a whole.
this is a big irritant I have in this whole problem. People are blaming everyone but themselves. Those who bought houses to flip, or mortgages that they cant afford blame the lenders, the housing market, alan greenspan etc. The CEOs of the Detroit big-3 earlier this week blamed the economy, california emission standards, fuel prices etc.
WHat has happened to taking responsibility for their own actions?? Of all the financial firms it is the one doing somewhat ok: Goldman Sachs, which has cancelled bonuses for their execs. All these other firms which came tincan in hand begging for taxpayer bailouts should all also, by default cancel all salaries and bonuses for the execs. But no, there is no taking of responsiblity any more. Any problem that anyone in America has, is someone else's fault. Disgusting.
lazycis
09-25 08:12 AM
How to find out if you name check has been done/cleared.
Call USCIS customer service and insist that you want to speak to the immigration officer. Be persistent. IO will be able to tell you that. No need to waste time for Infopass.
Call USCIS customer service and insist that you want to speak to the immigration officer. Be persistent. IO will be able to tell you that. No need to waste time for Infopass.
2011 The Voice: The Live Shows
danu2007
07-09 08:38 PM
Flower Campaign - Media published urls
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD
http://wadias.in/site/arzan/blog/gandhigiri-send-flowers-to-uscis/
http://www.touchdownusa.org/node/11
http://www.bibdaily.com/
http://www.immigration-law.com/
http://timesofindia.indiatimes.com/articleshow/2183334.cms
http://digg.com/politics/Gandhigiri_Green_Card_Hopefuls_to_Send_Flowers
http://www.wikio.com/entertainment/movies/bollywood
http://news.speeple.com/desicritics.org/2007/07/06/green-card-applicants-resort-to-gandhigiri.htm
From uspolitics.einnews.com(This page got deleted recently)
U.S. Citizenship & Immigration Services News - U.S. Politics Today
... changes in US immigration rules are planning to deluge US Citizenship and Immigration Services (USCIS) Director Emilio Gonzalez with flowers on July 10. ...
uspolitics.einnews.com/news/uscis - Jul 7, 2007 - Similar pages - Duly noted
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD
http://wadias.in/site/arzan/blog/gandhigiri-send-flowers-to-uscis/
http://www.touchdownusa.org/node/11
http://www.bibdaily.com/
http://www.immigration-law.com/
http://timesofindia.indiatimes.com/articleshow/2183334.cms
http://digg.com/politics/Gandhigiri_Green_Card_Hopefuls_to_Send_Flowers
http://www.wikio.com/entertainment/movies/bollywood
http://news.speeple.com/desicritics.org/2007/07/06/green-card-applicants-resort-to-gandhigiri.htm
From uspolitics.einnews.com(This page got deleted recently)
U.S. Citizenship & Immigration Services News - U.S. Politics Today
... changes in US immigration rules are planning to deluge US Citizenship and Immigration Services (USCIS) Director Emilio Gonzalez with flowers on July 10. ...
uspolitics.einnews.com/news/uscis - Jul 7, 2007 - Similar pages - Duly noted
more...
GC_2008
07-09 09:39 PM
I can't believe your statements. I think we all die in battle field together if all think like you. Of course we all have to be careful and be smart on our actions, but please do not embarrass yourself...
a_yaja
01-24 02:12 PM
For those in South ( Texas, Oklahoma, New Mexico, Louisiana) best way to go to India is new Emirates direct flight between Houston and Dubai and then onward to India.
I have had 3-4 friends fly this route since they started flying in November 2007 and they have nothing but praise for everything. These guys have excellent food and entertainment and no transit visa hassels plus duty free sopping in Dubai is good.
Pluse - they put you up in a hotel if your Dubai layover is more than 8 hrs (for economy class passengers) and you get a free transit visa to visit Dubai. During my last trip to Bangalore, I went via Dubai (NYC - Dubai direct flight) and on my way back we had 11 hrs layover. My wife and I got a chance to see the city. Next time we are going to India we are planning on staying for a few days and go for their desert camp trip.
I have had 3-4 friends fly this route since they started flying in November 2007 and they have nothing but praise for everything. These guys have excellent food and entertainment and no transit visa hassels plus duty free sopping in Dubai is good.
Pluse - they put you up in a hotel if your Dubai layover is more than 8 hrs (for economy class passengers) and you get a free transit visa to visit Dubai. During my last trip to Bangalore, I went via Dubai (NYC - Dubai direct flight) and on my way back we had 11 hrs layover. My wife and I got a chance to see the city. Next time we are going to India we are planning on staying for a few days and go for their desert camp trip.
more...
johnggberg
07-09 09:40 PM
if they forward to flowers, lets add some message for men and women in the army, thank them for there efforts and ask them to call uscis look into our efforts humanly
2010 The Voice picture gallery
SunnySurya
08-07 11:52 AM
I am impressed by your qualifications, what is your PD?
I am EB2-I with a couple of US grad degrees (and same undergrad school as Rolling Flood, not that it matters to anyone except perhaps those who suppor the lawsuit). And I think this lawsuit is a bad idea because it is divisive and petty.
There is an old Malayalam story that most people who went to school in Kerala would have read in their primary school classes. Two guys, Greedy and Jealous, pray to God. God appears and Greedy goes, "I just want double of what you give the other guy. All I want to be is to be ahead of him." Hearing this, Jealous says, "God, please make me blind in one eye."
This lawsuit, like the story above, is a case of knifing others in the back, for no real gain. We should instead try to leverage IV's large membership for a common good, which is what has made IV successful so far.
I am EB2-I with a couple of US grad degrees (and same undergrad school as Rolling Flood, not that it matters to anyone except perhaps those who suppor the lawsuit). And I think this lawsuit is a bad idea because it is divisive and petty.
There is an old Malayalam story that most people who went to school in Kerala would have read in their primary school classes. Two guys, Greedy and Jealous, pray to God. God appears and Greedy goes, "I just want double of what you give the other guy. All I want to be is to be ahead of him." Hearing this, Jealous says, "God, please make me blind in one eye."
This lawsuit, like the story above, is a case of knifing others in the back, for no real gain. We should instead try to leverage IV's large membership for a common good, which is what has made IV successful so far.
more...
veeru123
02-27 01:57 PM
Interview date: February 6th
Consulate: Chennai
Case: H4 for my wife(Same firm three year extension for my H1B)
PIMS verification done by DOS on February 25th
Passport sent to VFS for delivery on February 26th
To those who did not get it yet, I suggest calling the DOS (202-663-1225) in the US and find out what is happening. They are more likely to give you better information than your lawyer or the consulate staff in India. I wish the consulate staff in India were more courteous.
Extension cases are taking longer than new petitions. Typical processing times 10-15 days. In our case it took 11 working days for verification.
To those who intend to travel to India for a new Visa stamp, call the DOS and verify that your information is in the system. Just tell them that you need to travel and would rather make sure the information is in place and then make travel arrangements. If you just have a week's vacation time be prepared for flight extensions as it takes more than a week to process the extension cases.
Consulate: Chennai
Case: H4 for my wife(Same firm three year extension for my H1B)
PIMS verification done by DOS on February 25th
Passport sent to VFS for delivery on February 26th
To those who did not get it yet, I suggest calling the DOS (202-663-1225) in the US and find out what is happening. They are more likely to give you better information than your lawyer or the consulate staff in India. I wish the consulate staff in India were more courteous.
Extension cases are taking longer than new petitions. Typical processing times 10-15 days. In our case it took 11 working days for verification.
To those who intend to travel to India for a new Visa stamp, call the DOS and verify that your information is in the system. Just tell them that you need to travel and would rather make sure the information is in place and then make travel arrangements. If you just have a week's vacation time be prepared for flight extensions as it takes more than a week to process the extension cases.
hair THE VOICE — Live Show
krish2006
04-04 03:33 PM
A simple calc to find out how much EB3-EB2 porting going on as of today:
If you look at Demand data released last month by DOS, It lists
Prior to January 1, 2007 , EB2- I pending : 13,200
In my opinion Demand data includes EB3- EB2 porting as well since Demand data reflects overall demand for one category.
Now if you look at inventory data released on Jan 5 ,2011 ,
EB2 India Pending Prior to Jan1st 2007 : 13,516
But if you exclude all the data prior to May = 13,516 - 1,110 - 103 - 133 - 74-108 = ~ 12K
EB2 I demand from the inventory btwn May - Dec 06 = 12K
But Demand data says EB2-I demand is 13,200
Diff : 13,200 - 12K = 1200 ( This number has to be porting)
We know EB2 - I dates have not moved since Oct ,2010 .
So India regular quota for the last six months : 2800/2 = 1400 .
Since dates have not moved, I am assuming 1400 should also be considered towards porting.
so my conclusion is so far 1200 + 1400 = 2600 porting already took place. (though only 1400 really got GC)
EB3 Porting could use up to 8K though, and new filing could be 2K
and EB2 I/C pre-07/2007 still have about 34K at the beginning of oct/2010
So it is even at most...
There are lots of uncertain
1. EB1 is now the biggest uncertainty
2. EB2 ROW
3. Porting
But EB1 and Eb2 ROW, EB2 I/c new fling (ppl who missed 07/2007 w/ PD before 07/2007) have to file in May to get it approved by Sept as processing time is 4 month.
So After May, from June to August, it is all spill over game for EB2 I/C
That is why i guess Charles is saying the trend is now, and will start use the numbers in May
If you look at Demand data released last month by DOS, It lists
Prior to January 1, 2007 , EB2- I pending : 13,200
In my opinion Demand data includes EB3- EB2 porting as well since Demand data reflects overall demand for one category.
Now if you look at inventory data released on Jan 5 ,2011 ,
EB2 India Pending Prior to Jan1st 2007 : 13,516
But if you exclude all the data prior to May = 13,516 - 1,110 - 103 - 133 - 74-108 = ~ 12K
EB2 I demand from the inventory btwn May - Dec 06 = 12K
But Demand data says EB2-I demand is 13,200
Diff : 13,200 - 12K = 1200 ( This number has to be porting)
We know EB2 - I dates have not moved since Oct ,2010 .
So India regular quota for the last six months : 2800/2 = 1400 .
Since dates have not moved, I am assuming 1400 should also be considered towards porting.
so my conclusion is so far 1200 + 1400 = 2600 porting already took place. (though only 1400 really got GC)
EB3 Porting could use up to 8K though, and new filing could be 2K
and EB2 I/C pre-07/2007 still have about 34K at the beginning of oct/2010
So it is even at most...
There are lots of uncertain
1. EB1 is now the biggest uncertainty
2. EB2 ROW
3. Porting
But EB1 and Eb2 ROW, EB2 I/c new fling (ppl who missed 07/2007 w/ PD before 07/2007) have to file in May to get it approved by Sept as processing time is 4 month.
So After May, from June to August, it is all spill over game for EB2 I/C
That is why i guess Charles is saying the trend is now, and will start use the numbers in May
more...
kiran24
06-29 07:20 PM
yeah enjoy ur weekend. if you have filed ur application then chill and if not then ....what r u doing , lazy boy...move ur ass and courier it now.....hahahhhaha.
Most of us are at the mercy of our attorney's to file for I-485. The attorney's take their sweet time to prepare the draft and send the application. In this heated moment the attorney's offices should hire more people and get the ball rolling.
All that we can do as employees is pester our HRs and attorneys.:p
Most of us are at the mercy of our attorney's to file for I-485. The attorney's take their sweet time to prepare the draft and send the application. In this heated moment the attorney's offices should hire more people and get the ball rolling.
All that we can do as employees is pester our HRs and attorneys.:p
hot images the voice contestants
desitechie
09-16 06:12 PM
Airtel call quality is really good and it's cheap compare to reliance....I stopped using reliance almost 3 years......if you pay 9.99+taxes will give you 600 minutes talk time and 45 days validity...I also used for australia and singapore, call quality was great...never had any problems...
Thanks. The 45 days validity period starts from the buying day or first use day?
Thanks. The 45 days validity period starts from the buying day or first use day?
more...
house dresses the voice tv show
ak_2004
05-06 10:16 PM
Hi friends,
My husband and me work for the same company now. He applied in EB3 (India) and PD date with December 2006. I-140 approved and I-485 applied in July 2007. Got EAD and AP for both but still working on H1B (Not used EAD and AP).
From other company, in 2007, I applied for labor substitution and it is approved yesterday, which has PD Nov 2004 (EB3 - India). One of my friend working for this company and I got the reference last moment and I was not hoping for this approval.
Now I have to switch to this company as the company management are asking me to join the company. I read many threads in this forum and this thread too about multiple filings of I485s and withdraw one while applying other.
I read some people had no problems with multiple I-485s. But Murthy's advice is against this while others like Rajiv in favour of this.
Please advice me what could be the best in my case.
I have PG in engineering (CS) from India.
Thanks in advance
My husband and me work for the same company now. He applied in EB3 (India) and PD date with December 2006. I-140 approved and I-485 applied in July 2007. Got EAD and AP for both but still working on H1B (Not used EAD and AP).
From other company, in 2007, I applied for labor substitution and it is approved yesterday, which has PD Nov 2004 (EB3 - India). One of my friend working for this company and I got the reference last moment and I was not hoping for this approval.
Now I have to switch to this company as the company management are asking me to join the company. I read many threads in this forum and this thread too about multiple filings of I485s and withdraw one while applying other.
I read some people had no problems with multiple I-485s. But Murthy's advice is against this while others like Rajiv in favour of this.
Please advice me what could be the best in my case.
I have PG in engineering (CS) from India.
Thanks in advance
tattoo dresses the voice xenia. the
aadimanav
01-03 12:56 AM
Part 2 continued....
USCIS delays have become so excessive in this arena that many foreign nationals have sought relief in federal court. The Administrative Procedure Act of 1946 (APA), which governs federal agency actions and decisions, requires that an agency resolve a matter presented to it within a "reasonable" time frame. See 8 U.S.C. 555(b). Using the APA, foreign nationals have argued that waiting for two or more years for a decision on an immigration application is "unreasonable" under the statute. The cases are divided, but a majority of courts have agreed that making a foreign national wait years and years just for a decision on his or her application is unreasonable. As a result, many judges have ordered the FBI and USCIS to complete pending name check cases within 60 or 90 days where a foreign national has been waiting for two or more years. Some judges have noted that security concerns are not to be taken lightly, but this only reinforces the fact that such issues should be resolved in a matter of weeks as opposed to years.
The success or failure of litigation in this arena ultimately turns on the court's reading of a jurisdiction-stripping provision embedded in the Immigration and Nationality Act (INA), as amended by the Real ID Act of 2005. The INA precludes judicial review of any "decision or action" of the USCIS that is "specified [under INA] to be in the discretion" of the USCIS. See 8 U.S.C. 1252(a)(2)(B)(ii). In defending challenges to delayed applications, the U.S. Attorney's office has argued that the adjudication of a green card application, including the pace of adjudication, is committed to the sole discretion of the USCIS, because the INA specifies that a decision to approve or deny a green card application is within the discretion of the USCIS. See 8 U.S.C. 1255(a).
None of the circuit courts have ruled on this issue, but the relationship between USCIS delay and the role of the judiciary has become a "national judicial debate" at the district court level. See Saleem v. Keisler , 2007 U.S. Dist. LEXIS 80044 (W.D. Wis. Oct. 26, 2007). Some courts have bought the government's argument, holding that a discretionary "action" includes every interim action taken along the way leading up to an ultimate decision on an application. See Safadi v. Howard , 466 F.Supp. 2d 696, 699 (E.D. Vir. 2006). Under this theory, a stalled name check is simply action along the way to a final decision. The majority of courts have rejected this reading of the statute, holding that USCIS' discretion only applies to the ultimate decision on an application, not the pace of its adjudication. As one court stated, "it would require Orwellian twisting of the word ["action"] to conclude that it means a failure to adjudicate." Saleem v. Keisler, supra. Similarly, U.S. District Judge Stewart Dalzell recognized that the INA grants discretion to the USCIS to grant or deny a green card application, but "national security does not require that it also have absolute discretion to delay such an application to Dickensian lengths." Cao v. Upchurch , 496 F.Supp. 2d 569, 574 (E.D. Pa 2007). Put simply, "there is a difference between the [USCIS'] discretion over how to resolve an application and the [USCIS'] discretion over whether it resolves an application." Singh v. Still , 470 F. Supp. 2d 1064, 1068 (N.D. Cal. 2007).
The U.S. Attorney's office has also argued that the USCIS is not required to make a decision on green card or naturalization applications since the INA does not specify a time frame for the agency's decision. See Assadzadeh v. Mueller , 2007 U.S. Dist. LEXIS 80915 (E.D. Pa. Oct. 31, 2007). The government's argument is based on Norton v. So. Utah Wilderness Alliance , 542 U.S. 55 (2004), where the U.S. Supreme Court held that a plaintiff can succeed in compelling an agency to act under the APA if and only if the action sought to be compelled is a "discrete action" that the agency is "legally required" to take. Under the government's theory, the USCIS cannot be compelled to act where its organic statute fails to require it to make a decision. But, under Norton , an agency's regulation with the force of law can create a legal duty. Arguably, the USCIS is legally required to act on applications presented to it, as its own regulations provide that it inform applicants of its decisions. See 8 C.F.R. 245.2(a)(5)(i) (green card applications); 8 C.F.R. 316.14(b)(1) (naturalization applications). Most judges in the Eastern District of Pennsylvania appear to accept this argument. For example, in Kaplan v. Chertoff , 481 F. Supp. 2d 370, 399 (E.D. Pa. 2007), Judge Eduardo Robreno held that the USCIS has a duty to adjudicate green card and naturalization applications, based, in part, on the agency's own regulations.
Once a court determines that its jurisdiction is not stripped under the INA, it usually faces little difficulty finding a cause of action under the APA. Of course, determining whether an agency has acted unreasonably is a fact-intensive inquiry, but the government's position does not look promising where the USCIS has failed to perform three distinct background checks for two or more years without any indication of special circumstances. See, e.g., Saleem v. Keisler, supra . The government has argued that flagging agency resources are to blame, but many courts find little sympathy for such posturing. In addressing the issue of agency resources, one court stated that the USCIS should take its complaints up with Congress. See Liang v. Attorney General , 07-cv-2349-CW (N.D. Cal. Oct. 30, 2007). "The executive branch must decide for itself how best to meet its statutory duties; this Court can only decide whether or not those duties have been met." Id . Even factoring in flagging appropriations, the court held that a two-and-a-half-year delay is unreasonable as a matter of law. Id .
With more than 340,000 cases in the name check backlog, it is not clear when some foreign nationals will ever have their cases resolved at the agency level. At least with the advantageous decisions handed down from the federal district courts, foreign nationals have the hope of going into court to request an expeditious resolution to their name checks. In the majority of situations, it appears that litigation is the only option, but at least an option exists.
Please email the author at gforney@wolfblock.com with questions about this article.
USCIS delays have become so excessive in this arena that many foreign nationals have sought relief in federal court. The Administrative Procedure Act of 1946 (APA), which governs federal agency actions and decisions, requires that an agency resolve a matter presented to it within a "reasonable" time frame. See 8 U.S.C. 555(b). Using the APA, foreign nationals have argued that waiting for two or more years for a decision on an immigration application is "unreasonable" under the statute. The cases are divided, but a majority of courts have agreed that making a foreign national wait years and years just for a decision on his or her application is unreasonable. As a result, many judges have ordered the FBI and USCIS to complete pending name check cases within 60 or 90 days where a foreign national has been waiting for two or more years. Some judges have noted that security concerns are not to be taken lightly, but this only reinforces the fact that such issues should be resolved in a matter of weeks as opposed to years.
The success or failure of litigation in this arena ultimately turns on the court's reading of a jurisdiction-stripping provision embedded in the Immigration and Nationality Act (INA), as amended by the Real ID Act of 2005. The INA precludes judicial review of any "decision or action" of the USCIS that is "specified [under INA] to be in the discretion" of the USCIS. See 8 U.S.C. 1252(a)(2)(B)(ii). In defending challenges to delayed applications, the U.S. Attorney's office has argued that the adjudication of a green card application, including the pace of adjudication, is committed to the sole discretion of the USCIS, because the INA specifies that a decision to approve or deny a green card application is within the discretion of the USCIS. See 8 U.S.C. 1255(a).
None of the circuit courts have ruled on this issue, but the relationship between USCIS delay and the role of the judiciary has become a "national judicial debate" at the district court level. See Saleem v. Keisler , 2007 U.S. Dist. LEXIS 80044 (W.D. Wis. Oct. 26, 2007). Some courts have bought the government's argument, holding that a discretionary "action" includes every interim action taken along the way leading up to an ultimate decision on an application. See Safadi v. Howard , 466 F.Supp. 2d 696, 699 (E.D. Vir. 2006). Under this theory, a stalled name check is simply action along the way to a final decision. The majority of courts have rejected this reading of the statute, holding that USCIS' discretion only applies to the ultimate decision on an application, not the pace of its adjudication. As one court stated, "it would require Orwellian twisting of the word ["action"] to conclude that it means a failure to adjudicate." Saleem v. Keisler, supra. Similarly, U.S. District Judge Stewart Dalzell recognized that the INA grants discretion to the USCIS to grant or deny a green card application, but "national security does not require that it also have absolute discretion to delay such an application to Dickensian lengths." Cao v. Upchurch , 496 F.Supp. 2d 569, 574 (E.D. Pa 2007). Put simply, "there is a difference between the [USCIS'] discretion over how to resolve an application and the [USCIS'] discretion over whether it resolves an application." Singh v. Still , 470 F. Supp. 2d 1064, 1068 (N.D. Cal. 2007).
The U.S. Attorney's office has also argued that the USCIS is not required to make a decision on green card or naturalization applications since the INA does not specify a time frame for the agency's decision. See Assadzadeh v. Mueller , 2007 U.S. Dist. LEXIS 80915 (E.D. Pa. Oct. 31, 2007). The government's argument is based on Norton v. So. Utah Wilderness Alliance , 542 U.S. 55 (2004), where the U.S. Supreme Court held that a plaintiff can succeed in compelling an agency to act under the APA if and only if the action sought to be compelled is a "discrete action" that the agency is "legally required" to take. Under the government's theory, the USCIS cannot be compelled to act where its organic statute fails to require it to make a decision. But, under Norton , an agency's regulation with the force of law can create a legal duty. Arguably, the USCIS is legally required to act on applications presented to it, as its own regulations provide that it inform applicants of its decisions. See 8 C.F.R. 245.2(a)(5)(i) (green card applications); 8 C.F.R. 316.14(b)(1) (naturalization applications). Most judges in the Eastern District of Pennsylvania appear to accept this argument. For example, in Kaplan v. Chertoff , 481 F. Supp. 2d 370, 399 (E.D. Pa. 2007), Judge Eduardo Robreno held that the USCIS has a duty to adjudicate green card and naturalization applications, based, in part, on the agency's own regulations.
Once a court determines that its jurisdiction is not stripped under the INA, it usually faces little difficulty finding a cause of action under the APA. Of course, determining whether an agency has acted unreasonably is a fact-intensive inquiry, but the government's position does not look promising where the USCIS has failed to perform three distinct background checks for two or more years without any indication of special circumstances. See, e.g., Saleem v. Keisler, supra . The government has argued that flagging agency resources are to blame, but many courts find little sympathy for such posturing. In addressing the issue of agency resources, one court stated that the USCIS should take its complaints up with Congress. See Liang v. Attorney General , 07-cv-2349-CW (N.D. Cal. Oct. 30, 2007). "The executive branch must decide for itself how best to meet its statutory duties; this Court can only decide whether or not those duties have been met." Id . Even factoring in flagging appropriations, the court held that a two-and-a-half-year delay is unreasonable as a matter of law. Id .
With more than 340,000 cases in the name check backlog, it is not clear when some foreign nationals will ever have their cases resolved at the agency level. At least with the advantageous decisions handed down from the federal district courts, foreign nationals have the hope of going into court to request an expeditious resolution to their name checks. In the majority of situations, it appears that litigation is the only option, but at least an option exists.
Please email the author at gforney@wolfblock.com with questions about this article.
more...
pictures hairstyles the voice xenia
snathan
03-29 12:33 PM
ImmInfo Newsletter: India EB2 cutoff dates to advance in May (http://www.imminfo.com/News/Newsletter/2011-3-31/India-eb2-to-advance-in-may.html)
Based on just released information, it appears that India EB2 cutoff dates will advance, perhaps substantially, in May. China EB2 cutoff dates will also advance. The American Immigration Lawyers Association (AILA) reports that they were told the following by Charlie Oppenheim, Chief, Immigrant Visa Control and Reporting Division, U.S. Department of State:
“[US]CIS says they have seen a decline in filings, and does not expect a change in the number use pattern. Therefore, this decline in EB-1 number use will allow me to begin having those ‘otherwise unused’ numbers drop down and be available for use in the EB-2 category. Based on current indications, that would mean that at least 12,000 additional numbers will be available to the EB-2 category. This situation will allow me to advance the India EB-2 cut-off date for May. The reason being that all ‘otherwise unused’ numbers are provided strictly in priority date order, and the India demand has the largest concentration of early dates.”
There have been two reasons for China and India EB2 cutoff dates not moving forward as rapidly as had been the case in the past. The first is the unusually high demand for EB1 numbers and the second has been the increased demand for EB2 numbers represented by EB3 to EB2 upgrades.
The significance of this announcement is that it appears that the recent surge in demand for EB1 visa numbers has abated. The CIS reports that this demand slowed down in October, 2010 and has not resumed. Presumably, this means that substantially most the EB2 applicants who felt that they could upgrade to EB1 have now filed the petitions and had them adjudicated. If this is the case, then the number of unused EB1 numbers will increase back to previous levels and become available for use by EB2 applicants.
================================================== ==================
P.S : the EB1 filing reduced may be because the Indian IT companies stopped filing EB1C ? Its just my thought
Based on just released information, it appears that India EB2 cutoff dates will advance, perhaps substantially, in May. China EB2 cutoff dates will also advance. The American Immigration Lawyers Association (AILA) reports that they were told the following by Charlie Oppenheim, Chief, Immigrant Visa Control and Reporting Division, U.S. Department of State:
“[US]CIS says they have seen a decline in filings, and does not expect a change in the number use pattern. Therefore, this decline in EB-1 number use will allow me to begin having those ‘otherwise unused’ numbers drop down and be available for use in the EB-2 category. Based on current indications, that would mean that at least 12,000 additional numbers will be available to the EB-2 category. This situation will allow me to advance the India EB-2 cut-off date for May. The reason being that all ‘otherwise unused’ numbers are provided strictly in priority date order, and the India demand has the largest concentration of early dates.”
There have been two reasons for China and India EB2 cutoff dates not moving forward as rapidly as had been the case in the past. The first is the unusually high demand for EB1 numbers and the second has been the increased demand for EB2 numbers represented by EB3 to EB2 upgrades.
The significance of this announcement is that it appears that the recent surge in demand for EB1 visa numbers has abated. The CIS reports that this demand slowed down in October, 2010 and has not resumed. Presumably, this means that substantially most the EB2 applicants who felt that they could upgrade to EB1 have now filed the petitions and had them adjudicated. If this is the case, then the number of unused EB1 numbers will increase back to previous levels and become available for use by EB2 applicants.
================================================== ==================
P.S : the EB1 filing reduced may be because the Indian IT companies stopped filing EB1C ? Its just my thought
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puddonhead
08-28 11:55 PM
My point is not everyone wud then leave Vonage and move to another service , thats how Vonage wud gain, again are u sure u read the complete fine print :P
Look up Bait and Switch (http://en.wikipedia.org/wiki/Bait_and_switch). If vonage intends to suddenly switch their offerings after gaining customers through misleading ad - then it fits the definition of Bait and Switch - which is clearly illegal in US.
So even if you leave aside the bad reputation from such a maneuver (which, in itself would be huge since their target consumer base is clearly immigrants - most of whom are savvy consumers) - Vonage may stand to lose a lot from legal fees and penalties if they try to pull such a trick. Class actions are not fun in US.
Look up Bait and Switch (http://en.wikipedia.org/wiki/Bait_and_switch). If vonage intends to suddenly switch their offerings after gaining customers through misleading ad - then it fits the definition of Bait and Switch - which is clearly illegal in US.
So even if you leave aside the bad reputation from such a maneuver (which, in itself would be huge since their target consumer base is clearly immigrants - most of whom are savvy consumers) - Vonage may stand to lose a lot from legal fees and penalties if they try to pull such a trick. Class actions are not fun in US.
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eb_retrogession
01-31 04:00 PM
http://www.rand.org/pubs/working_papers/2005/RAND_WR321.pdf
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WaldenPond
01-02 10:30 PM
WaldenPond,
I send u a PM.
--MC
Thanks mchundi. I replied to your PM. Please continue to contribute to this forum with ideas, information and participation that would help everybody here. Your participation is very important as it motivate others.
Thanks again.
WaldenPond
I send u a PM.
--MC
Thanks mchundi. I replied to your PM. Please continue to contribute to this forum with ideas, information and participation that would help everybody here. Your participation is very important as it motivate others.
Thanks again.
WaldenPond
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ras
08-08 10:06 AM
Good job analysing this particular issue. Appreciate ur patience in sharing with others.
The contents of this postings are based on what I have read from various Lawyer's website and my lawyer's suggestions.
Multiple I-485 Fillings Scenario:
1. Two I-485 for the with the same primary applicant
Case a: One I-140/I-485 Pending with another employer and one I-140/I-485 to be filed in July with the current employer.
Case b: One I-140/I-485 Pending due to substituted labor (and cannot be expedited because premium processing not available). Another I-485 to be filed based on approved I-140 (on one's own labor). Both from the same employer.
2. Two I-485 with different primary applicants (Primary on one and dependent on other)
Case a: I-140 for one is approved while other's pending
Case b: Both I-140 Approved
Case c: Both filling concurrently in June
Pros and Cons
Scenario 1, Case a: In this case there is a substantial risk that I-485 filed with first employer might lead to issues esp if I-140 is not approved. Thus is a good idea to file another one with current employer. (Pro)
Scenario 1, Case a: How can one Adjust the Status from two employer at the same time. (Con)
Scenario 1, Case b: Since first I-485 application is already filed and I-140's outcome is not known. It is a good idea to file another one as a fall back option. If one waits for the outcome of first I-140 and it is denied and then it will be too late to file another I-485 because dates might have retrogressed.
Scenario 2, Case a: One with the approved I-140 should file I-485 with other as dependent.
Scenario 2, Case b: I-485 for both is almost ensured and thus filling two will give added cover in case something happens. One might have a better priority date than other. (Pro)
Scenario 2, Case b: Job loss of one would still allow other with AC-21 benefits. (Pro)
Scenario 2, Case b:Only one of the two partners has to stick to the job description and other is free to pursue anything (including studies).
Scenario 2, Case c: Use I-140 Premium Processing on at least one application for added certainty.
Summary of Pros and Cons
Pros:
1. More flexibility as there are two applications to fall back on.
2. Only opportunity to file EAD/AP before retrogression kicks in.
3. Useful if I-140 is pending and outcome of it is unknown.
4. There are NO USCIS memos that prohibits such filling explicitly.
5. Many lawyers have recommended this as a best option.
6. It has been mentioned that USCIS cancels the second I-485 after approving the other. That makes this a hassle free option.
7. If there are issues with multiple filling one of the application can be withdrawn.
8. If later on it turns out two application is a norm and right thing to do and retrogression hits one has no one to blame but himself.
Cons:
1. Cost of two fillings (if paid by self)
2. There have been indications by lawyers that two fillings could lead to unnecessary delays and interviews.
3. Apart from delays there has been indications that USCIS might issue an
RFE and ask to choose one.
Conclusion
========
There is nothing wrong with two filings, worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other. Two filings indeed give you a peace of mind and reduce risk during the process. It doesn't change the outcome (like your application will not be denied just because you have filed two). If a little delay is acceptable to you as a price you pay to reduce a bigger risk and added benefits then multiple filing is right thing to do.
The contents of this postings are based on what I have read from various Lawyer's website and my lawyer's suggestions.
Multiple I-485 Fillings Scenario:
1. Two I-485 for the with the same primary applicant
Case a: One I-140/I-485 Pending with another employer and one I-140/I-485 to be filed in July with the current employer.
Case b: One I-140/I-485 Pending due to substituted labor (and cannot be expedited because premium processing not available). Another I-485 to be filed based on approved I-140 (on one's own labor). Both from the same employer.
2. Two I-485 with different primary applicants (Primary on one and dependent on other)
Case a: I-140 for one is approved while other's pending
Case b: Both I-140 Approved
Case c: Both filling concurrently in June
Pros and Cons
Scenario 1, Case a: In this case there is a substantial risk that I-485 filed with first employer might lead to issues esp if I-140 is not approved. Thus is a good idea to file another one with current employer. (Pro)
Scenario 1, Case a: How can one Adjust the Status from two employer at the same time. (Con)
Scenario 1, Case b: Since first I-485 application is already filed and I-140's outcome is not known. It is a good idea to file another one as a fall back option. If one waits for the outcome of first I-140 and it is denied and then it will be too late to file another I-485 because dates might have retrogressed.
Scenario 2, Case a: One with the approved I-140 should file I-485 with other as dependent.
Scenario 2, Case b: I-485 for both is almost ensured and thus filling two will give added cover in case something happens. One might have a better priority date than other. (Pro)
Scenario 2, Case b: Job loss of one would still allow other with AC-21 benefits. (Pro)
Scenario 2, Case b:Only one of the two partners has to stick to the job description and other is free to pursue anything (including studies).
Scenario 2, Case c: Use I-140 Premium Processing on at least one application for added certainty.
Summary of Pros and Cons
Pros:
1. More flexibility as there are two applications to fall back on.
2. Only opportunity to file EAD/AP before retrogression kicks in.
3. Useful if I-140 is pending and outcome of it is unknown.
4. There are NO USCIS memos that prohibits such filling explicitly.
5. Many lawyers have recommended this as a best option.
6. It has been mentioned that USCIS cancels the second I-485 after approving the other. That makes this a hassle free option.
7. If there are issues with multiple filling one of the application can be withdrawn.
8. If later on it turns out two application is a norm and right thing to do and retrogression hits one has no one to blame but himself.
Cons:
1. Cost of two fillings (if paid by self)
2. There have been indications by lawyers that two fillings could lead to unnecessary delays and interviews.
3. Apart from delays there has been indications that USCIS might issue an
RFE and ask to choose one.
Conclusion
========
There is nothing wrong with two filings, worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other. Two filings indeed give you a peace of mind and reduce risk during the process. It doesn't change the outcome (like your application will not be denied just because you have filed two). If a little delay is acceptable to you as a price you pay to reduce a bigger risk and added benefits then multiple filing is right thing to do.
sunty
09-23 09:51 PM
Maybe FOIA request by IV was one of the main causes for this data to be posted on the USCIS website. USCIS thought that since the cat is out of the bag anyways, why not make the data public as part of the redesign effort of the USCIS website.
If the data provided to IV on the Donor forum matches with that of the USCIS site, there might be some other details in the IV report that can give us a better picture.
If the data provided to IV on the Donor forum matches with that of the USCIS site, there might be some other details in the IV report that can give us a better picture.
chanduv23
12-01 03:17 PM
And you did not understand that this is a way for the lawyer to advertise himself.
He may have seen many people worried about this issue on IV and he wrote on his site . Now you are becoming his agent and posting on this site. This is not a news. It is only a comment. It can be true/partially true or partially false.
To me this issue is a non issue for which IV is working and this lawyer is blowing out of proportion. Only handful of people got denials and that too because their Desi employer acted in revenge for them leaving the company.
Revoking 140 does not neccessarily have to come from desi employers. In most cases, the 140s are revoked because the immigration attorneys suggest the employers to do so, so that they need not carry paperwork and also make it easy to respond to rfe for ability to pay.
For Immigration Attorneys, this is bread and butter and they will get into all avenues to do business and make money and keep their business running and booming.
He may have seen many people worried about this issue on IV and he wrote on his site . Now you are becoming his agent and posting on this site. This is not a news. It is only a comment. It can be true/partially true or partially false.
To me this issue is a non issue for which IV is working and this lawyer is blowing out of proportion. Only handful of people got denials and that too because their Desi employer acted in revenge for them leaving the company.
Revoking 140 does not neccessarily have to come from desi employers. In most cases, the 140s are revoked because the immigration attorneys suggest the employers to do so, so that they need not carry paperwork and also make it easy to respond to rfe for ability to pay.
For Immigration Attorneys, this is bread and butter and they will get into all avenues to do business and make money and keep their business running and booming.
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