lazycis
05-14 12:46 PM
Can you shed some light on this process? Do "Immigration Litigation" Attorneys be able to help in this?
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
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 person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
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.
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badluck
07-24 02:33 PM
Are you talking about emplyment based or family based.. may be your wife sponsord you.. please clear.
logiclife
04-26 04:46 PM
My H1 extension is under process. I had applied in Dec 2006. My DL expires on May 6. Is it possible to renew my license with the H1 extension receipt?. Is it possible to do Premium Processing now?
Pending H1 transfer/extension petitions can be upgraded to premium processing by sending another form (for upgrade to premium) and the premium fee of $1000.
Some states accept H1 extension filing receipt notice. Other states dont. Depends on the state regulation and state laws. You should check with your DMV / DPS of New Jersey and ask them before you make decision to upgrade your H1 petition to premium. Maybe they will renew your DL with receipt...so check before you spend that money.
Pending H1 transfer/extension petitions can be upgraded to premium processing by sending another form (for upgrade to premium) and the premium fee of $1000.
Some states accept H1 extension filing receipt notice. Other states dont. Depends on the state regulation and state laws. You should check with your DMV / DPS of New Jersey and ask them before you make decision to upgrade your H1 petition to premium. Maybe they will renew your DL with receipt...so check before you spend that money.
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kondur_007
12-10 04:20 PM
Does this mean that spill over is not "quarterly" as we've been discussing
Yes, that's is correct. and they clarified (once more) that "when spill over occurs, PD of oversubscribed countries will move together".
For example, if EB2 India and China has different PDs, spillover is not occuring.
Additionally, it looks like demand in Eb1 is high enough that spill over may not be big, and so even with spill over, EB2 PD will not cross 2005. (they are saying indirectly that dont hold the hopes for big jump in the last quarter this year....)
USCIS seems to be working very efficiently and has a good grasp on the number of applications now (at least it seems...). All that extra staff they hired for July 2007 fiasco is working now and there is not much new filing. System will stay efficient until the time comes for them to handle 12 million undocumented after the CIR.
Yes, that's is correct. and they clarified (once more) that "when spill over occurs, PD of oversubscribed countries will move together".
For example, if EB2 India and China has different PDs, spillover is not occuring.
Additionally, it looks like demand in Eb1 is high enough that spill over may not be big, and so even with spill over, EB2 PD will not cross 2005. (they are saying indirectly that dont hold the hopes for big jump in the last quarter this year....)
USCIS seems to be working very efficiently and has a good grasp on the number of applications now (at least it seems...). All that extra staff they hired for July 2007 fiasco is working now and there is not much new filing. System will stay efficient until the time comes for them to handle 12 million undocumented after the CIR.
more...
sriramkalyan
07-06 12:10 PM
I hope people who started this discussion do not have sinister ideas against IV.
I am totally against any change to Leadership but pro for anyone going to DC talking to Congress/USCIS.
I am totally against any change to Leadership but pro for anyone going to DC talking to Congress/USCIS.
EAD
09-12 01:37 PM
I am a new member and sent $50 by personal check to IV.
EAD
PD: May 04 (BEC cleared Nov 06)
I-140: Jan 07 (Pending NSC)
I-485: Aug 07 ( No reciepts)
EAD
PD: May 04 (BEC cleared Nov 06)
I-140: Jan 07 (Pending NSC)
I-485: Aug 07 ( No reciepts)
more...
makemygc
07-06 05:39 PM
I dont see anything about the law suit on OH site.
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pappu
09-13 03:28 PM
Please post the URL
Pls see the first post on this thread for directions and the URL
Pls see the first post on this thread for directions and the URL
more...
amsgc
06-08 10:47 AM
^^
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cnag
01-07 04:07 PM
I closed on dec 27. Underwriter asked me about green card. I just sent EAD copy front and back as well as AP and explained to him that EAD is like learners driving permit that is issued when your GC is under process. :D
more...
BharatPremi
11-09 02:12 PM
Thanks to the glorious service of the Atlanta center :mad: I missed the I-485 bus by 7 days( Labor cleared on Aug end ). Many people with later PD's got cleared from the Chicago PERM center . Now I just watch as all members get their EAD's and AP's while I wait with nothing but hope and watch legislation after legislation fail in the senate and house , and the letters flying all over the place .
I remember my past by reading your sad story. Though I had different cause for my tragedy. In Year 2000 November my then employer filed RIR labor and I got approval in January 12th 2001 and Same day HR filed my I-140. On January 22nd during companywide mass lay off I was slashed.. Again go through one more lay off in year 2002 with different employer and still waiting for GC(After filing 4th application in year 2003, Rotting in PBEC for almost 4 years)... Best Luck to you.
I remember my past by reading your sad story. Though I had different cause for my tragedy. In Year 2000 November my then employer filed RIR labor and I got approval in January 12th 2001 and Same day HR filed my I-140. On January 22nd during companywide mass lay off I was slashed.. Again go through one more lay off in year 2002 with different employer and still waiting for GC(After filing 4th application in year 2003, Rotting in PBEC for almost 4 years)... Best Luck to you.
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gc_kaavaali
09-01 11:16 AM
Arrived Aug 2002. Got GC last month. I would suggest people to file for GC as early as possible. Do not change employers for money (unless unless it is really really really necessary) until u get GC.
more...
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Libra
09-14 02:58 PM
thank you mdmd10 for contribution, hope to see you in DC.
Just made a 1 time contribution of $100.
Thank you for all the good work.
Just made a 1 time contribution of $100.
Thank you for all the good work.
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DCQC
08-21 04:03 PM
Hi,
Can we use the I-485 receipt notice for extension of DL for my wife. She was on H4 which expires Oct 20. She plans to use the EAD card to work and we will not extend her H4 unless EAD does not come before Oct 20. She got a letter from DMV yesterday asking for additional proof for extended stay. Also will EAD suffice as evidence?
We live in California.
Can we use the I-485 receipt notice for extension of DL for my wife. She was on H4 which expires Oct 20. She plans to use the EAD card to work and we will not extend her H4 unless EAD does not come before Oct 20. She got a letter from DMV yesterday asking for additional proof for extended stay. Also will EAD suffice as evidence?
We live in California.
more...
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amitjoey
07-18 03:56 PM
Hello All,
Some food for thought.
As I understand we (i.e IV) has 21000 members and 14000 active members. If even each active member contrubute $ 20 per month, that would be $ 420,000 per month or about $ 5 Mn per year.
Imagine the miracles that we can do with that kind of fund!! And I am damn sure that we can afford $ 20 per month. Cost of few gallons of gas per month.
Non contributing, active members! Please wake up atleast now and do some soul searching!!!
Absolutely right, loved your post. There are thousands of new members and thousands of new ideas, new agendas, new campaigns that they want to implement. IV Core has an action plan, a legislative change plan, need $$$$ for lobbying, not new ideas.
Some food for thought.
As I understand we (i.e IV) has 21000 members and 14000 active members. If even each active member contrubute $ 20 per month, that would be $ 420,000 per month or about $ 5 Mn per year.
Imagine the miracles that we can do with that kind of fund!! And I am damn sure that we can afford $ 20 per month. Cost of few gallons of gas per month.
Non contributing, active members! Please wake up atleast now and do some soul searching!!!
Absolutely right, loved your post. There are thousands of new members and thousands of new ideas, new agendas, new campaigns that they want to implement. IV Core has an action plan, a legislative change plan, need $$$$ for lobbying, not new ideas.
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newbie2020
04-30 04:17 PM
Yes it is legal to upload it, Since it is a public domain file. (Judiciary committee/USCIS may also make it available to public for review)
more...
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vparam
10-11 06:33 PM
vparam...
Thanks for your detailed anwers.
have you opened your own LLC currently while on EAD?
Yes, Opened and have done business worth 10K :-)
Thanks for your detailed anwers.
have you opened your own LLC currently while on EAD?
Yes, Opened and have done business worth 10K :-)
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Milind123
09-14 07:56 PM
Lets have a quick penultimate round. New contributors have, so far, not let us down. They have stepped forward in each and every round and made it a success. They have taken the most difficult step; contribute for the first time. I know, I was there once. Kudos to them.
In this round could I have support from three existing contributors to quickly finish this round. May I have some pledges please? I would like to fire the third round. BTW this pistol has seven shots. Once we finish this round we will move to the last round and it has 14 shots. 21 shots in total.
These 2 rounds is specially dedicates to the core team members; without them there won�t be any shots fired here. Without them Sept18th would be just one ordinary day on the calendar. They have given us a chance to remember Sep18th forever, no matter what the results are after that day. For me personally, Sept 18th will be a defining moment. So lets give a deserving 21 Gun salute to the core team.
We just need three people who have never contributed before.
In this round could I have support from three existing contributors to quickly finish this round. May I have some pledges please? I would like to fire the third round. BTW this pistol has seven shots. Once we finish this round we will move to the last round and it has 14 shots. 21 shots in total.
These 2 rounds is specially dedicates to the core team members; without them there won�t be any shots fired here. Without them Sept18th would be just one ordinary day on the calendar. They have given us a chance to remember Sep18th forever, no matter what the results are after that day. For me personally, Sept 18th will be a defining moment. So lets give a deserving 21 Gun salute to the core team.
We just need three people who have never contributed before.
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chanduv23
06-10 10:48 AM
Why not do a flower campaign or the like, that we did last time? Clearly that worked and the phone campaign doesnt "have the appearance" of working. I am not saying it is not working, it just isint having the same media impact as last time. It doesnt have to be the flower campaign again, heck we can do a fruit basket deal this time.
Our message should be "Please stop punishing people that came here the right way, in order to help the people that did not". We are not against undocumented workers getting amnesty, we just dont want their issues to hold up everyone else's.
There are reasons we MUST NOT do anything like that. Lobbying works on the long run. These days lawmmakers are more informed about the situation and it is just a matter of time.
Do not lose hope - we will succeed.
Please convince your friends and coworkers to make phone calls and visits to law makers offices.
Our message should be "Please stop punishing people that came here the right way, in order to help the people that did not". We are not against undocumented workers getting amnesty, we just dont want their issues to hold up everyone else's.
There are reasons we MUST NOT do anything like that. Lobbying works on the long run. These days lawmmakers are more informed about the situation and it is just a matter of time.
Do not lose hope - we will succeed.
Please convince your friends and coworkers to make phone calls and visits to law makers offices.
JunRN
05-15 09:34 PM
Hi! I have some questions:
1. Do you have a lawyer when you filed the first MTR or did you do it by yourself?
2. Did you submit a copy of the I-140 approval and the AC21 memo during MTR?
Thanks.
1. Do you have a lawyer when you filed the first MTR or did you do it by yourself?
2. Did you submit a copy of the I-140 approval and the AC21 memo during MTR?
Thanks.
alterego
12-10 08:36 PM
It looks like they have heard from IV members about the spillover rules and their clarification about the QUARTERLY spillover is useful. Also them categorically stating that any spillover visas would be used in strict order of PD is reassuring. Whether they actually practice or not, it is good that they have gone on record as saying that is the way it should be.
In the past spillover was not applied in the way they are saying and EB2I suffered greatly for it.
This spillover rules if enforced will accelerate EE2I movement initially and then EB3. I suspect that by this summer EB2I folks from 2007 should be seeing some action.
In the past spillover was not applied in the way they are saying and EB2I suffered greatly for it.
This spillover rules if enforced will accelerate EE2I movement initially and then EB3. I suspect that by this summer EB2I folks from 2007 should be seeing some action.
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