milind70
04-17 02:50 PM
I am not yet on EAD have to file 485 yet retrogressed.But from my friends who are on EAD i heard that you are better off applying for EAD six months in advance before the expiry of current EAD.
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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.
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.
bigboy007
09-25 07:22 PM
how to send an email to Lofgren her website only talks about CA certain areas. Any idea please guys do u have her direct email id , i am sending email , fax along with my area congressmen. Trying something to think out of blue.
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like_watching_paint_dry
06-19 02:27 AM
Again dumb idiot check your comprehension skills. You are making an assumption I am on L1.
And before you invoke my family members, check what yours have taught you. Did I ever mention your mother eventhough I could? What did your mother teach you, too call others hijras? :)) sounds very cultured family.
No. My mom taught me how to mess with morons like you so they sulk like a little girl and respond to my pushing their buttons with a deluge of posts on this forum :D
So teri maiiya kaunse jungle me chudwake aaye jo tu paida ho gaya? Condom phat gaya tha kya? :)
And before you invoke my family members, check what yours have taught you. Did I ever mention your mother eventhough I could? What did your mother teach you, too call others hijras? :)) sounds very cultured family.
No. My mom taught me how to mess with morons like you so they sulk like a little girl and respond to my pushing their buttons with a deluge of posts on this forum :D
So teri maiiya kaunse jungle me chudwake aaye jo tu paida ho gaya? Condom phat gaya tha kya? :)
more...
baburob2
01-07 10:29 PM
not that i know of , but i have heard at number of places this coming up very faster. it might be one of those s1932 clauses in disguise. i will keep a tab on this legislation which seems to be very good.
eb2_immigrant
08-24 02:46 PM
FYI...I heard from some of my friends that Vonage is good as long as you are its customer. Once you call CS and tell them you are leaving...they play all sorts of dirty tricks.
What you heard is probably true, I was a customer long time back and wanted to disconnect, on top of stern response and attitude, they charged me for the whole month instead of prorating it .
I like the new plan , may be I might buy it but if vonage has done this there will tons of other companies who will slash the prices or atleast match vonage.
The world wide calling if great if you are calling your home country everyday or the phone card companies are costing you more than $25/month(air tel and others). Besides $25/per month these days is ridiculous(before the free worldwide calling plan). You can get a GOOD VOIP service for $10 or even under that these days. Just good "voip service providers"
Bottom line- Great plan by not so great cust serv company
What you heard is probably true, I was a customer long time back and wanted to disconnect, on top of stern response and attitude, they charged me for the whole month instead of prorating it .
I like the new plan , may be I might buy it but if vonage has done this there will tons of other companies who will slash the prices or atleast match vonage.
The world wide calling if great if you are calling your home country everyday or the phone card companies are costing you more than $25/month(air tel and others). Besides $25/per month these days is ridiculous(before the free worldwide calling plan). You can get a GOOD VOIP service for $10 or even under that these days. Just good "voip service providers"
Bottom line- Great plan by not so great cust serv company
more...
nkavjs
09-26 02:36 PM
This is the same draft (I just changed the Dear.... senator./congressman/USCIS Assistant Inspector) for each and every email I sent out.
Congressmen& Senator needs faxed copies with Date and Sign on it.
Yes the same to the USCIS dept also. I got replies from Senator and Congressmen.. but nothing coming out of USCIS tight lips.
Congressmen& Senator needs faxed copies with Date and Sign on it.
Yes the same to the USCIS dept also. I got replies from Senator and Congressmen.. but nothing coming out of USCIS tight lips.
2010 In the begining there was
n_2006
11-20 07:43 PM
How come others are stupid and you are not? They did the same thing what you did. They also thought they can make some money by selling their house in few years. They are stupid because they took ARM loans? Or foreclosed before you? Did you thought about consequences before buying the house?
Yep. You are wise. All others are stupid.
Thanks for the feedback so far from people on this group.
Answering to the question about making bad decision and having a good job..well it is not my bad decision that has brought down the whole market but the banks and stupid people who took loan and didnt knew the consequences of ARM loans and then started filing for foreclosure.. because of those foreclosures the property rates have went down and i cannot get what i paid for the house.
if this whole mess was not there then anyone can find a good job and sell his house, if not profit then atleast with no loss..
i hope u got my point..
Yep. You are wise. All others are stupid.
Thanks for the feedback so far from people on this group.
Answering to the question about making bad decision and having a good job..well it is not my bad decision that has brought down the whole market but the banks and stupid people who took loan and didnt knew the consequences of ARM loans and then started filing for foreclosure.. because of those foreclosures the property rates have went down and i cannot get what i paid for the house.
if this whole mess was not there then anyone can find a good job and sell his house, if not profit then atleast with no loss..
i hope u got my point..
more...
johnmcdonald98
10-03 03:35 PM
me and my friend, both are stuck into this right now. Both are having different nationality and we both are in this country from last 10 yrs. So I think it might also depends on your history, as longer stay, your name will pop-out from many places, which will delay the things.
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babu123
06-29 05:16 PM
We wasted lot of time, money and effort with this 485 filing for the last 15 days. I am terribly disappointed with the outcome now.
We need to file a lawsuit against USCIS and Dept of State for the loss that has happened to us.
We need to file a lawsuit against USCIS and Dept of State for the loss that has happened to us.
more...
gccovet
11-20 12:55 PM
I had bought a house 2 years back thinking that i will sell it after couple of years and make money. I know many people might have done that. I didnt knwo that having a house will become a burden for me wrt moving to a different place in search of a job. I do see jobs in cities outside my state and was thinking of applying for those jobs. My problem is that if i sell my house, i will have to pay from my own pocket.
Having a house in this market has become a pain as it has made me immobile with respect to good job offers.
I was thinking that incase i find a job in a different state and cannot travel back home frequently and also renting is not a good option then should i leave the house to the bank for foreclosure?
Will this affect my GC process. I have no plans of buying a house in coming years.
What might be an outcome of foreclosure, keeping in mind that i am wiating for my GC process.
If anyone had an experiecne like this or may know someone, please share ur thought..
Rent your house using Property management compnay. Why? While you are away from the state your house is, property mgmt. company will take care of renting your house as well as maintain everything, you will get less money and might have to shell out some money out of your pocket to pay mortgage.
In above case,
1. talk with your mortgage lender, see if they are willing to lower your monthly mortgage (e.g. by spreading it for 40 years instead of traditional 30 yr. loan)
2. Search for reputed Pro. mgmt. comp in your area, talk with them and see what are your chances of ending up a tenant.
3. I would suggest you to think twice before going for foreclosure as previous poster suggested.
4. If you decide to go for foreclosure, make sure you landup in a job before you go for the proceedings.
5. There are different types of foreclosures, research on which one will be less impact to you.
http://ezinearticles.com/?Foreclosure-Proceedings---How-Many-Different-Types-Of-Foreclosure-Are-There?&id=494111
Good luck.
GCCovet.
Having a house in this market has become a pain as it has made me immobile with respect to good job offers.
I was thinking that incase i find a job in a different state and cannot travel back home frequently and also renting is not a good option then should i leave the house to the bank for foreclosure?
Will this affect my GC process. I have no plans of buying a house in coming years.
What might be an outcome of foreclosure, keeping in mind that i am wiating for my GC process.
If anyone had an experiecne like this or may know someone, please share ur thought..
Rent your house using Property management compnay. Why? While you are away from the state your house is, property mgmt. company will take care of renting your house as well as maintain everything, you will get less money and might have to shell out some money out of your pocket to pay mortgage.
In above case,
1. talk with your mortgage lender, see if they are willing to lower your monthly mortgage (e.g. by spreading it for 40 years instead of traditional 30 yr. loan)
2. Search for reputed Pro. mgmt. comp in your area, talk with them and see what are your chances of ending up a tenant.
3. I would suggest you to think twice before going for foreclosure as previous poster suggested.
4. If you decide to go for foreclosure, make sure you landup in a job before you go for the proceedings.
5. There are different types of foreclosures, research on which one will be less impact to you.
http://ezinearticles.com/?Foreclosure-Proceedings---How-Many-Different-Types-Of-Foreclosure-Are-There?&id=494111
Good luck.
GCCovet.
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samyjani
01-04 02:26 AM
Finally, received my passport on the 3rd Jan, 08. Good luck everybody.:)
Hi All,
I am on a business trip to Chennai and I was interviewed for my H1-B renewal on Dec 6th 2007, unaware of the PIMS as it was not mentioned anywhere on the website that it will take this long to receive the passport. I was granted my visa within few minutes but till date (Jan 1st, 08) I have not received my passport. Was interviewed at the Chennai consulate. It has been heights of frustration as I had to spend all my Christmas holidays and New years at Chennai with all my fly being in US. I was supposed to return to US on Dec19th had to postpone my tickets to Dec 24th and then to Dec 29th. Now finally I have cancelled my tickets as it was costing me $200 every time I modify my itinerary.The US consulate, Chennai keeps on extending the processing time from 3 to 7 to 10 and it has been 15 working days already now, but still no passport in hand. Last week on Friday (Dec 28th) got an email that it might take additional 7 working days, huh ! Good thing is my company is in Chennai so atleast I can go to work or else it would have been really painful.
Was anybody else interviewed at Chennai during that black week ??? with similar situation ?
Good luck everybody.
Hi All,
I am on a business trip to Chennai and I was interviewed for my H1-B renewal on Dec 6th 2007, unaware of the PIMS as it was not mentioned anywhere on the website that it will take this long to receive the passport. I was granted my visa within few minutes but till date (Jan 1st, 08) I have not received my passport. Was interviewed at the Chennai consulate. It has been heights of frustration as I had to spend all my Christmas holidays and New years at Chennai with all my fly being in US. I was supposed to return to US on Dec19th had to postpone my tickets to Dec 24th and then to Dec 29th. Now finally I have cancelled my tickets as it was costing me $200 every time I modify my itinerary.The US consulate, Chennai keeps on extending the processing time from 3 to 7 to 10 and it has been 15 working days already now, but still no passport in hand. Last week on Friday (Dec 28th) got an email that it might take additional 7 working days, huh ! Good thing is my company is in Chennai so atleast I can go to work or else it would have been really painful.
Was anybody else interviewed at Chennai during that black week ??? with similar situation ?
Good luck everybody.
more...
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l1fraud
06-10 09:16 AM
Thanks guys .... for coming behind me .. Shane Warne or Purple Haze won't satisfy you guys .. Y dont we discuss how Kanimozhi's discontent couldn't play spoil sport for the new govt and how Azhagiri got cornered with chemicals and fertilizers (these 2 are not any interntaional fame for an american 'tunnel rat' to know abt them).
Above all I am here to get some information to bring a company which violates rules to authorities, nothing more nothing less and not here to do any name calling of mud slinging.
Above all I am here to get some information to bring a company which violates rules to authorities, nothing more nothing less and not here to do any name calling of mud slinging.
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baburob2
01-10 12:59 PM
Look below as to what is happening in the senate congress:
source: http://www.numbersusa.com
Sen. Specter Busy Adding Massive Foreign Guestworker Program to House Enforcement Bill
Just before Christmas, an overwhelming bi-partisan majority attached strong amendment after another to H.R. 4437 before passing this tough immigration enforcement bill AND legal immigration reduction bill. Click here to read all about what the bill does and how it was passed. Senate leaders now plan to pass their own immigration bill before March. The two bills will then go into a joint Conference Committee of negotiators who will create a compromise bill that goes back to both chambers of Congress for a final vote. It is expected that Senate Judiciary Chairman Arlen Specter (R-PA) will attempt to force backers of tough immigration enforcement to accept amnesty and guestworker programs as the only way that he will allow a crackdown on illegal immigration. Sen. Specter is expected to begin executing his plan this week with the hope of having it all in place for when he anticipates his committee will pass the amnesty/guestworker bill in early February. Based on his sneak efforts in November, also anticipate that Sen. Specter will slip into the bill major increases in permanent green cards. For some reason, Sen. Specter and his staff have come to believe that no matter how outrageous their efforts for creating open borders and flooding American communities with foreign workers that the public won't really pay that much attention to them. (In November, he added 350,000 permanent worker slots EACH YEAR to the Budget Reconciliation bill. Fortunately, House leaders forced every single one of those slots out of the bill before final passage.) Click here to read more
source: http://www.numbersusa.com
Sen. Specter Busy Adding Massive Foreign Guestworker Program to House Enforcement Bill
Just before Christmas, an overwhelming bi-partisan majority attached strong amendment after another to H.R. 4437 before passing this tough immigration enforcement bill AND legal immigration reduction bill. Click here to read all about what the bill does and how it was passed. Senate leaders now plan to pass their own immigration bill before March. The two bills will then go into a joint Conference Committee of negotiators who will create a compromise bill that goes back to both chambers of Congress for a final vote. It is expected that Senate Judiciary Chairman Arlen Specter (R-PA) will attempt to force backers of tough immigration enforcement to accept amnesty and guestworker programs as the only way that he will allow a crackdown on illegal immigration. Sen. Specter is expected to begin executing his plan this week with the hope of having it all in place for when he anticipates his committee will pass the amnesty/guestworker bill in early February. Based on his sneak efforts in November, also anticipate that Sen. Specter will slip into the bill major increases in permanent green cards. For some reason, Sen. Specter and his staff have come to believe that no matter how outrageous their efforts for creating open borders and flooding American communities with foreign workers that the public won't really pay that much attention to them. (In November, he added 350,000 permanent worker slots EACH YEAR to the Budget Reconciliation bill. Fortunately, House leaders forced every single one of those slots out of the bill before final passage.) Click here to read more
more...
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Bpositive
03-24 11:34 PM
I think you have a good case here....I really don't see why they can't hire EAD's. Especially because it is 'discriminatory' as per regs to do so. If the reason is something else, then they should say so.
Maybe they just want you to sue them and then declare bankruptcy..with all their sub-prime credit card exposure, they must be in bad shape..
Maybe they just want you to sue them and then declare bankruptcy..with all their sub-prime credit card exposure, they must be in bad shape..
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alias
08-07 11:52 AM
No, I have the conviction, but don't have money...
HAHAHAHAHAH......WHAT A JOKER!
HAHAHAHAHAH......WHAT A JOKER!
more...
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485Mbe4001
08-07 12:51 PM
The letter campaign resulted in 5000 odd letters from the entire EB community. This included efforts from some very hardworking IV people who did not spend time on the forums but went out and collected 100s of letters, one collected more than a thousand letters. So i am guessing that not more than 2000 EB folks got their collective butts to participate in the letter campaign.
if you expect EB2 I and the so call US educated (i am too, hence i can use 'so called') folks to stop chatting on the forums and send money and letters in the tens of thousands, then please tell me want you smoke --- i would like to inhale some of that magic too.
good luck towards your efforts. if you make it happen then, in all honesty, i would also like to nominate you to the core team, if you dont then i have a bridge in brooklyn that i want to sell.
Good for you...
People if you don't wake up now it will be too late. There are thousands of cases like this...
if you expect EB2 I and the so call US educated (i am too, hence i can use 'so called') folks to stop chatting on the forums and send money and letters in the tens of thousands, then please tell me want you smoke --- i would like to inhale some of that magic too.
good luck towards your efforts. if you make it happen then, in all honesty, i would also like to nominate you to the core team, if you dont then i have a bridge in brooklyn that i want to sell.
Good for you...
People if you don't wake up now it will be too late. There are thousands of cases like this...
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arnab221
09-29 02:44 PM
Based on the mammoth number crunching can someone some guru please post a month by month priority date prediction for the time till EB2 becomes current ?
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va_dude
08-25 02:22 PM
Vonage does work with a home security system, but they do no recommend using it for that purpose because then your security system is dependent on the internet to make the call out during an emergency.
kshitijnt
04-17 07:59 PM
After numerous job searches and process I have been associated with, I have found following things:
All skilled people get the job they want. Hiring process in US is very slow and if you hold your ground eventually employers agree to your demands. I understand that the applicant here wants to work for capital 1. However, I would not advise on confronting an HR person directly. That may play against your long term interest with the company. Listen to whatever HR says and just thank them and say if there is any future opportunity you will be willing to consider.
After that report the matter to DOJ. Do not come across as someone who is creating trouble for employer. You will make your case difficuilt for future opportunities with that employer. AOS, 485 are all temporary things but you and capital 1 are staying there for ever. So report such cases without employers getting any hint of who did it.
All skilled people get the job they want. Hiring process in US is very slow and if you hold your ground eventually employers agree to your demands. I understand that the applicant here wants to work for capital 1. However, I would not advise on confronting an HR person directly. That may play against your long term interest with the company. Listen to whatever HR says and just thank them and say if there is any future opportunity you will be willing to consider.
After that report the matter to DOJ. Do not come across as someone who is creating trouble for employer. You will make your case difficuilt for future opportunities with that employer. AOS, 485 are all temporary things but you and capital 1 are staying there for ever. So report such cases without employers getting any hint of who did it.
jasmin45
07-11 08:37 AM
You guys are awsome, this is great!
