Googler
02-14 04:24 PM
"Based on a review of the facts and bedrock principles of administrative agency law, the Court finds that USCIS�s name check requirement has
(1) never been authorized by Congress;
(2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and
(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions..."
http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf
What a fabulous ruling this is.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the �fingerprint check� described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
(1) never been authorized by Congress;
(2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and
(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions..."
http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf
What a fabulous ruling this is.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the �fingerprint check� described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
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PresidentO
02-10 08:46 PM
dvb123,
Update your profile
You seem to say that EB-4 & EB-5 are completely expiring. If I am not mistaken, pieces of them are. Not the whole categories.
Update your profile
You seem to say that EB-4 & EB-5 are completely expiring. If I am not mistaken, pieces of them are. Not the whole categories.
vin13
09-30 03:37 PM
If your last FP was more than 15 months ago, then write to local congressman, that usually works.
But would you get a notice or RFE or something like that....I am asking because i am my spouse both have recieved RFE's today....so wanted to assume something till we get the actual mail.
But would you get a notice or RFE or something like that....I am asking because i am my spouse both have recieved RFE's today....so wanted to assume something till we get the actual mail.
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madan
01-10 08:11 AM
Thank you so much...
What is the H4 Process for new wife? will she be given the H4 Visa with no issues in us consulates in India???
What is the H4 Process for new wife? will she be given the H4 Visa with no issues in us consulates in India???
more...
pointlesswait
02-01 12:22 PM
I am looking for someone in chicago area or close..
i have used gowda for H transfer..few years back..was ok!
any reccos for IL area??
i have used gowda for H transfer..few years back..was ok!
any reccos for IL area??
paskal
02-12 05:55 PM
I guess most of us dont want to take the pain of "mailing the letters"
How abt someone obtains online authorization to mail letters on members behalf.
I mean members authorize mailing a letter on their behalf by IV.
!?
Question is asked when they sign in... or login to the website!
snail mailed, signed letters are far more effective. straight from the horse's mouth, so please believe it.
it's 5 min and a few cents...tell me you can't do that (pain) again...?
How abt someone obtains online authorization to mail letters on members behalf.
I mean members authorize mailing a letter on their behalf by IV.
!?
Question is asked when they sign in... or login to the website!
snail mailed, signed letters are far more effective. straight from the horse's mouth, so please believe it.
it's 5 min and a few cents...tell me you can't do that (pain) again...?
more...
bindas74
02-05 12:00 AM
If you applied for I-485 on/before August 17th 2007 (Extended deadline after the July 2007 visa bulletin fiasco), you fall into the old fee structure. This means you will have to pay renewal fees for EAD/AP based on your I-485. Hope this helps.
Gurus,
I have a similar question. I filed for my 485 in June 2007. But, did not file for EAD at that time. However, I filed for my EAD in March 2008 with the new filing fee i.e $340. My EAD is up for renewal (it's valid till Jun 12th...but considering the 3 month wait time, I am plannig to file it around 13th of this month ).
Since I have already filed with the new fee structure I am hoping I dont have to pay any fees , right? But, I dont see any instructions to that extent. Can any one please point me to the right link or document?
Regards
Gurus,
I have a similar question. I filed for my 485 in June 2007. But, did not file for EAD at that time. However, I filed for my EAD in March 2008 with the new filing fee i.e $340. My EAD is up for renewal (it's valid till Jun 12th...but considering the 3 month wait time, I am plannig to file it around 13th of this month ).
Since I have already filed with the new fee structure I am hoping I dont have to pay any fees , right? But, I dont see any instructions to that extent. Can any one please point me to the right link or document?
Regards
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tpcool
05-31 05:21 PM
Hi,
I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.
A short description of this role (for those of you who don't know about this role)
The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels
I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.
All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.
Appreciate your thoughts on this
I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.
A short description of this role (for those of you who don't know about this role)
The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels
I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.
All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.
Appreciate your thoughts on this
more...
jsb
08-13 09:26 PM
EB2 India
PD 5/2004
I-140 approved 6/2006 TSC
I-485 delivered Jul 2, NSC
LUD on I-140 7/28/2007
No receipts or check cashing yet
Hi,
My application reached NSC on july 2nd 10.25 am & the LUD on my I-140 was changed on July 28th still no receipt notice or the cheque got cashed. No idea whatz going????
So I guess the LUD change is nothing relevant to I-485 filing.
Thanks & Regds
MV
PD 5/2004
I-140 approved 6/2006 TSC
I-485 delivered Jul 2, NSC
LUD on I-140 7/28/2007
No receipts or check cashing yet
Hi,
My application reached NSC on july 2nd 10.25 am & the LUD on my I-140 was changed on July 28th still no receipt notice or the cheque got cashed. No idea whatz going????
So I guess the LUD change is nothing relevant to I-485 filing.
Thanks & Regds
MV
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eilsoe
10-02 02:48 PM
It's for Filter Queen Danmark A/S... my dad and I, plus one of his friends have been working on www.filterqueen.dk for some months now, now our client wants a pacman style game too...
Ilyas is doing me a favor by coding it.. :) I'm doing all the designing and graphic work.
You can ask him if you want in too, w're gonna need that tile engine thingy, you saw yourself how the game lagged...
Anyone who helps wil get their name in the credits on filterqueen.dk of course...
Ilyas is doing me a favor by coding it.. :) I'm doing all the designing and graphic work.
You can ask him if you want in too, w're gonna need that tile engine thingy, you saw yourself how the game lagged...
Anyone who helps wil get their name in the credits on filterqueen.dk of course...
more...
softa
June 1st, 2006, 06:51 AM
I need some serious help with my D50 equipment. I have no experience at all with SLR cameras, and have recently bought a bundle consisting of a Nikon D50 and a Nikon 18-55mm f/3.5-5.6G ED AF-S Dxlens. Now I am interested in buying another lens (The Nikon 70-300mm f/4-5.6 AF Zoom Lens) in hope that these two lenses would suit my needs in amateur photography. I intend to photo landscapes, portraits and some ''macro'' (flowers and some insects). So, I would like to know if these lenses are an acceptable choice, having in mind that I can't afford to buy some expensive lenses, as my average monthly salary almost amounts to the price of these cheap ones. Thanks.
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nareshg
12-15 07:40 PM
Still Wondering why would they sent so early:(..never understand crazy CIS and its dynamic policies..
I thought many who had submitted in July 2007 (July fiasco) had got FP notice...but not sure....
anyways, does anyone know about what I am asking...once you get the biometrics processing stamp, does that mean that they have sumibbted for security clearance usiung the fingerprints or does it mean that the security clrearance is done ?
I thought many who had submitted in July 2007 (July fiasco) had got FP notice...but not sure....
anyways, does anyone know about what I am asking...once you get the biometrics processing stamp, does that mean that they have sumibbted for security clearance usiung the fingerprints or does it mean that the security clrearance is done ?
more...
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ak_2006
05-05 05:52 PM
Got it
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vin13
03-09 01:17 PM
Ok, so one can own but not run a business with H1B, but can own and run with EAD,right?
Thanks!!
Right, one can own but not run a business with H1-B, but can own and run with EAD.
Thanks!!
Right, one can own but not run a business with H1-B, but can own and run with EAD.
more...
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rajmehrotra
10-16 01:57 PM
B-1 is a visitor's visa with no immigration intent. H1-B is dual intent. This needs to be figured out on a case-ta-case basis by an experienced attorney.
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boreal
02-08 12:38 PM
In a move that could ruffle a few feathers in the Barack Obama administration, American entertainment giant Warner Bros has said it will be outsourcing jobs to India.
I think this kind of a thing is going to happen more and more in the future. If you cut-off H1-b supply, choke green card process for legal immigrants (would-be), throw spanners into the wheels of a slowing economy by ill-thought restriction-ist policies, how are the companies going to survive (and rake in the moolah for the investors, get fat bonuses to the CEOs etc)? Its just not possible to hire some citizen who happens to be lying around without work, it just doesnt work that way. Skill-set counts. Otherwise, we would have seen a lot more citizens (whites specifically) around our work-places (software/hardware development). It is not pure coincidental and only to reduce wages that one finds tonnes and tonnes of Chinese/Indian folks slogging around in tech offices. Around 2005 when our company (big storage giant) was trying to hire for our Software development team, we couldnt find many candidates even to interview for regular Network programming (C/C++ types) jobs..so we had to go and hire an entry level graduate (MS), a white guy who had no programming skills (was a Project Mgr earlier, and looking for job) and another Developer from Canada. Ofcourse, I didnt even clear the guy with no programming skills but my manager took him anyway as we were not even finding folks to interview..and the guy left after a couple of months unable to cope with programming related challenges..Long story short, you need the right set of people to work the right set of jobs!
This is something that idiots like Grasslet/Sessions/King etc will never understand. All they are trying to do is pander to a particular vote base and thats what they will continue to do.
I think this kind of a thing is going to happen more and more in the future. If you cut-off H1-b supply, choke green card process for legal immigrants (would-be), throw spanners into the wheels of a slowing economy by ill-thought restriction-ist policies, how are the companies going to survive (and rake in the moolah for the investors, get fat bonuses to the CEOs etc)? Its just not possible to hire some citizen who happens to be lying around without work, it just doesnt work that way. Skill-set counts. Otherwise, we would have seen a lot more citizens (whites specifically) around our work-places (software/hardware development). It is not pure coincidental and only to reduce wages that one finds tonnes and tonnes of Chinese/Indian folks slogging around in tech offices. Around 2005 when our company (big storage giant) was trying to hire for our Software development team, we couldnt find many candidates even to interview for regular Network programming (C/C++ types) jobs..so we had to go and hire an entry level graduate (MS), a white guy who had no programming skills (was a Project Mgr earlier, and looking for job) and another Developer from Canada. Ofcourse, I didnt even clear the guy with no programming skills but my manager took him anyway as we were not even finding folks to interview..and the guy left after a couple of months unable to cope with programming related challenges..Long story short, you need the right set of people to work the right set of jobs!
This is something that idiots like Grasslet/Sessions/King etc will never understand. All they are trying to do is pander to a particular vote base and thats what they will continue to do.
more...
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optimist578
01-19 12:31 PM
I have observed, based on stories from different people that NSC sends RFEs when one tries to upgrade a non-premium I-140 case to premium. Does NSC send RFEs for premium cases? Till now, I have only heard NO.
No matter how hard I try, my lawyer keeps insisting that my case should not be upgraded to premium, because if an RFE is served, it might delay the case even more (implying, more than how long a regular case takes).
The whole thing does not seem to make any sense. If an applicant files under premium processing, according to NSC, his/her application is more reliable (and honest?) than if some one who files it on non-premium basis?
.
No matter how hard I try, my lawyer keeps insisting that my case should not be upgraded to premium, because if an RFE is served, it might delay the case even more (implying, more than how long a regular case takes).
The whole thing does not seem to make any sense. If an applicant files under premium processing, according to NSC, his/her application is more reliable (and honest?) than if some one who files it on non-premium basis?
.
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rkp27
07-11 01:03 PM
Your case is just like many others here. Does that worth you own thread?
Spend some time to read thru some posts. You will know there are many people who are with 2002 PD have not been approved yet. If there's a definitely answer for your question, why will they be frustrate.
My friend,
I dont know what tends to write the answer you replied.. but i am not here to find out why anybody frustrate or what any anybody is doing etc.. Its not my business as well..
I ask question because it just came in my mind.. i dont bothers about others at all..
God bless everyone..
Spend some time to read thru some posts. You will know there are many people who are with 2002 PD have not been approved yet. If there's a definitely answer for your question, why will they be frustrate.
My friend,
I dont know what tends to write the answer you replied.. but i am not here to find out why anybody frustrate or what any anybody is doing etc.. Its not my business as well..
I ask question because it just came in my mind.. i dont bothers about others at all..
God bless everyone..
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shana04
05-16 01:38 PM
For my spouse,
We have applied for I 485 after our visit to India.
1. First I 94 was taken at the airport and got the new one while we came back and one of the requirement is the copy of I 94
How and where can I get a copy (I never made a copy of that).
Note: Spouse passport has stamping but the requirement is copy of I 94
any help or suggestoins where can we get a copy. We have applied for states Id's in two different states where they made copies of I 94 but at that time I never though of making copies of it.
Any suggestions to get copy I 94? please share your exp.
Thanks in advance
We have applied for I 485 after our visit to India.
1. First I 94 was taken at the airport and got the new one while we came back and one of the requirement is the copy of I 94
How and where can I get a copy (I never made a copy of that).
Note: Spouse passport has stamping but the requirement is copy of I 94
any help or suggestoins where can we get a copy. We have applied for states Id's in two different states where they made copies of I 94 but at that time I never though of making copies of it.
Any suggestions to get copy I 94? please share your exp.
Thanks in advance
ak_manu
04-02 11:51 AM
I got exact query.
All you need is Affidavits from you Father, Mother and any other close relative. Ask them to go to your local court house. There will be people sitting there who do prepare affidavits and notarize them. They need to do it on 10 Rupees stamp paper and get it notarized. They shall have the date of birth affidavit template at court house.
Once they have them, ask them to scan and send them to you to save time. Also ask them to DHL the originals so that you could recieve in 2 or 3days.
All you need is Affidavits from you Father, Mother and any other close relative. Ask them to go to your local court house. There will be people sitting there who do prepare affidavits and notarize them. They need to do it on 10 Rupees stamp paper and get it notarized. They shall have the date of birth affidavit template at court house.
Once they have them, ask them to scan and send them to you to save time. Also ask them to DHL the originals so that you could recieve in 2 or 3days.
smuggymba
09-30 03:04 PM
mods - please delete
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