lazycis
02-14 04:48 PM
Violation of regulations is also affirmative misconduct.
Here is an extract from my brief
8 CFR � 103.2(b)(18), titled �Withholding adjudication�:
�A district director may authorize withholding adjudication of a visa petition or other application if the district director determines that an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion, where applicable, in connection with the application or petition, and that the disclosure of information to the applicant or petitioner in connection with the adjudication of the application or petition would prejudice the ongoing investigation.
If an investigation has been undertaken and has not been completed within one year of its inception, the district director shall review the matter and determine whether adjudication of the petition or application should be held in abeyance for six months or until the investigation is completed, whichever comes sooner. If, after six months of the district director�s determination, the investigation has not been completed, the matter shall be reviewed again by the district director and, if he/she concludes that more time is needed to complete the investigation, adjudication may be held in abeyance for up to another six months. If the investigation is not completed at the end of that time, the matter shall be referred to the regional commissioner, who may authorize that adjudication be held in abeyance for another six months. Thereafter, if the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement, determines it is necessary to continue to withhold adjudication pending completion of the investigation, he/she shall review that determination every six months.�
The legal alien�s application has been pending for over 2.5 years at the time of filing his complaint with the District Court. So, according to the requirements of 8 CFR � 103.2(b)(18), his application should have been reviewed twice by the USCIS district director (at 1 and 1.5 year marks), once by the USCIS regional commissioner (at 2 year mark) and once by the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement. There is no evidence on record that these procedures have been followed. Therefore, the USCIS have violated the Federal regulations and �unlawfully withheld� adjudication of the legal alien�s application. Furthermore, 8 CFR � 103.2(b)(18) is not part of the Subchapter II of the Chapter 12 of the INA, therefore jurisdictional bar of � 242(a)(2)(B)(ii) does not preclude review of the withholding of adjudication.
Here is an extract from my brief
8 CFR � 103.2(b)(18), titled �Withholding adjudication�:
�A district director may authorize withholding adjudication of a visa petition or other application if the district director determines that an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion, where applicable, in connection with the application or petition, and that the disclosure of information to the applicant or petitioner in connection with the adjudication of the application or petition would prejudice the ongoing investigation.
If an investigation has been undertaken and has not been completed within one year of its inception, the district director shall review the matter and determine whether adjudication of the petition or application should be held in abeyance for six months or until the investigation is completed, whichever comes sooner. If, after six months of the district director�s determination, the investigation has not been completed, the matter shall be reviewed again by the district director and, if he/she concludes that more time is needed to complete the investigation, adjudication may be held in abeyance for up to another six months. If the investigation is not completed at the end of that time, the matter shall be referred to the regional commissioner, who may authorize that adjudication be held in abeyance for another six months. Thereafter, if the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement, determines it is necessary to continue to withhold adjudication pending completion of the investigation, he/she shall review that determination every six months.�
The legal alien�s application has been pending for over 2.5 years at the time of filing his complaint with the District Court. So, according to the requirements of 8 CFR � 103.2(b)(18), his application should have been reviewed twice by the USCIS district director (at 1 and 1.5 year marks), once by the USCIS regional commissioner (at 2 year mark) and once by the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement. There is no evidence on record that these procedures have been followed. Therefore, the USCIS have violated the Federal regulations and �unlawfully withheld� adjudication of the legal alien�s application. Furthermore, 8 CFR � 103.2(b)(18) is not part of the Subchapter II of the Chapter 12 of the INA, therefore jurisdictional bar of � 242(a)(2)(B)(ii) does not preclude review of the withholding of adjudication.
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gcpain
07-24 02:44 PM
I did not realize this before and even my attorney did not tell me anything about this. what is the requiremnet for passport to apply I485? same time my application was mailed today afternoon in registered post. If there is slight chance of rejecting I want to call back my application and applying with new passport. what you guys think about this?
hopefulgc
01-30 03:48 PM
I would certainly come back to update it... and i am sure there would be more than a few who would do the same.
After all, its a good way to put the fitting GC pain to rest.
How reliable is this Tracker(or any) data? I don't think all the registered people who gets their GC would come back and change the status of their application to 'Approved' in the Tracker. Though its better than nothing but still data is too vague to derive any real conclusion.
After all, its a good way to put the fitting GC pain to rest.
How reliable is this Tracker(or any) data? I don't think all the registered people who gets their GC would come back and change the status of their application to 'Approved' in the Tracker. Though its better than nothing but still data is too vague to derive any real conclusion.
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Queen Josephine
October 24th, 2005, 01:33 PM
Speaking of QJ I haven't seen much activity from her lately, you still out there Queen?
I'm still here, checking in once in a while. Unfortunately, got very busy doing some other things and haven't been doing much shooting. Just dropped Michael a note. I'd love to do a short get together. I haven't done much urban shooting, so it would be challenging for me. (although I've been having an urge to hit the Gold Country lately) I'll be back east 11/20-11/30 visiting family in NY and Georgia and pretty much incommunicado during that time.
Great shots of the bridge from Conzelman Road, and although I've never been able to bring myself to go down the one way section of Conzelman, there's suppose to be great shots from that section also. There's so many great places to see and things to do. Maybe we should start a list of possibilitites? I'll off to run the later starters around (I know Michael hit's the road really early.... 4 or 5 am?)
But I'm definitely open to planning something. I'll try to create a list of possible sites and post it here with in the next week or so for everyone to add to / subtract from. How's that sound?
I'm still here, checking in once in a while. Unfortunately, got very busy doing some other things and haven't been doing much shooting. Just dropped Michael a note. I'd love to do a short get together. I haven't done much urban shooting, so it would be challenging for me. (although I've been having an urge to hit the Gold Country lately) I'll be back east 11/20-11/30 visiting family in NY and Georgia and pretty much incommunicado during that time.
Great shots of the bridge from Conzelman Road, and although I've never been able to bring myself to go down the one way section of Conzelman, there's suppose to be great shots from that section also. There's so many great places to see and things to do. Maybe we should start a list of possibilitites? I'll off to run the later starters around (I know Michael hit's the road really early.... 4 or 5 am?)
But I'm definitely open to planning something. I'll try to create a list of possible sites and post it here with in the next week or so for everyone to add to / subtract from. How's that sound?
more...
s416504
08-29 02:52 PM
So far 95 Voted. 77% says No update
acecupid
07-12 02:18 PM
Guys, Arnie may just decide to terminate us.:D I think we was completely against immigrants (mexicans) and received a lot of flak for his statements against the hispanic community. He had to take back his statements to please the community. Some commedians made fun of this statements saying "I'm in, now close the door" (referring to the wall on the border)
fyi.. arnie is a austrian immigrant.
fyi.. arnie is a austrian immigrant.
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Ram_C
12-06 12:11 PM
bump
EndlessWait,
nothing to worry about, it happened to me too,
I opened an SR and two weeks later my wife got FP and I didn't, I thought I'll wait for a week or two but in vain. When I gave a follow-up call I came to know that FP was scheduled at my Attorney's place (I live in west coast and I was scheduled to attend FP at ASC in East coast) and the twist is my attorney never received it.on top of it when I asked the Rep about possibility of scheduling an FP at my place she advised me to file AR-11 form, at this point it was very clear to me that Rep doesn't have a clue on what she is talking about. the very next day I was luck to get hold of nice rep who said I quote
" I don't understand why these people schedule FP at attorney�s location"
he apologized and said he will open an SR to reschedule at my location and he assured me that this time it will be at my location, which I got in couple of weeks.
Hope you will get your FP notice soon.
good luck:)
EndlessWait,
nothing to worry about, it happened to me too,
I opened an SR and two weeks later my wife got FP and I didn't, I thought I'll wait for a week or two but in vain. When I gave a follow-up call I came to know that FP was scheduled at my Attorney's place (I live in west coast and I was scheduled to attend FP at ASC in East coast) and the twist is my attorney never received it.on top of it when I asked the Rep about possibility of scheduling an FP at my place she advised me to file AR-11 form, at this point it was very clear to me that Rep doesn't have a clue on what she is talking about. the very next day I was luck to get hold of nice rep who said I quote
" I don't understand why these people schedule FP at attorney�s location"
he apologized and said he will open an SR to reschedule at my location and he assured me that this time it will be at my location, which I got in couple of weeks.
Hope you will get your FP notice soon.
good luck:)
2010 By: Bethany Joy Galeotti
shivarajan
03-17 08:00 PM
EAD etc. are only supplementing documentation which the underwriting agency may or may not look. The real thingy is ur cashdown, credit score (time of accounts in good standing) & W2's. We went with ING with absolutely no problems whatsoever (yes the market was not good at that time) and got a better interest rate with no questions asked (ead, gc etc.), we both ver in h1's when v applied!
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chanduv23
09-02 04:28 PM
My SR is for my 485, I didn't renew my EAD or planning to renew as I am not using it
It could mean your case is with IO but does not necessarily mean you will get a decision in 60 days - if you get - great - but don't rely on it 100%
It could mean your case is with IO but does not necessarily mean you will get a decision in 60 days - if you get - great - but don't rely on it 100%
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alterego
09-22 08:49 AM
http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-inline_21edi.ART.State.Edition1.427fa5a.html
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radhay
11-04 12:38 PM
More than likely you will be called for interview in 2 months. That is what happend in my case. However since there are no visas when they completed my interview my application was put on hold.
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yagw
03-16 11:49 AM
I am a primary applicant of GC. My question is can I take an unpaid vacation (for upto 6 months). FYI, My PD is EB3 - Aug 2003.
Does that affect my GC status in any way?
If this topic has been discussed earler, pl. point me to a correct thread.
Thanks,
If the company will cooperate with your Attorney in the paper works needed, for any potential RFEs, I don't see a problem. Make sure your Attorney (either your personal or current GC sponsoring company) gets RFE (updated g28 etc).
Also they might ask for copies of your tax returns...
DISCLAIMER: I am not an Attorney and this is not a legal advice
Does that affect my GC status in any way?
If this topic has been discussed earler, pl. point me to a correct thread.
Thanks,
If the company will cooperate with your Attorney in the paper works needed, for any potential RFEs, I don't see a problem. Make sure your Attorney (either your personal or current GC sponsoring company) gets RFE (updated g28 etc).
Also they might ask for copies of your tax returns...
DISCLAIMER: I am not an Attorney and this is not a legal advice
more...
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Gigantic697
10-12 01:29 PM
My wife got her H1b in 2007 and she was working for the company for 1 year and then she delivered in Oct 08 and since Oct 2008 she's on maternity leave. She was supposed to join back but because of the downturn her employer asked to extend the maternity leave and its an year almost. During this whole period her employer is ok and he has not removed her job. Is my wife is in status? I read on the web that the maternity leave is mutual as long as the employer and employee exists its ok. But my question is that is there a time limit on that. Also she's not getting paid for the full year when she was on maternity leave. The state remains the same now also. So what are right steps to do.....
Change to H4 till the employer asks to join back and then change to H1?
Please suggest
Change to H4 till the employer asks to join back and then change to H1?
Please suggest
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shantak
11-20 01:44 PM
Wenn Sie ein Kaukasier sind, stehen Sie nicht heraus. Sie m�ssen eine Person der Farbe, aus einem Ausland sein, zu verstehen warum Leute Sprechen sind, was sie sind. Dieses gesagt, ist es aber nat�rlich, dass dieses Forum schwer in Richtung zu den Indern beeinflu�t wird, weil es von Indians gegr�ndet wurde. Mitglieder aus anderen L�ndern sind in diesem Forum aktiv und werden mit den ge�ffneten Armen begr��t. Tats�chlich regt IV Leute aller L�nder an vereinigt zu verbinden und zu stehen.
Gru�
Interesting, I found a website that would translate any language to English and here is the output
"If you are a Caucasian, do not stick out. They must be to be understood a person of the color, from a foreign country, why people are a speech what they are. This said, however, it is natural that this forum is hard influenced in the direction of to the Indians because it was founded by Indians. Members from other lands are active in this forum and are greeted with the open arms. Really moves IV people of all lands in united to connect and to stand."
Gru�
Interesting, I found a website that would translate any language to English and here is the output
"If you are a Caucasian, do not stick out. They must be to be understood a person of the color, from a foreign country, why people are a speech what they are. This said, however, it is natural that this forum is hard influenced in the direction of to the Indians because it was founded by Indians. Members from other lands are active in this forum and are greeted with the open arms. Really moves IV people of all lands in united to connect and to stand."
more...
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chehuan
01-18 03:17 PM
do you know the reason for the i140 denial? That could be very critical....its just not about what your title is ..and what you do ..its about the whole 9 yards...let us know the reason for denial
I can surely find out and let you know
Thanks to all for helping out
I am just into the process and I am not so wise with the whole thing
I can surely find out and let you know
Thanks to all for helping out
I am just into the process and I am not so wise with the whole thing
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snathan
02-22 01:00 PM
Yes, in my case we wouldn't be using the experience gained with the current employer as I already have the required 1 year experience before joining the employer.
My fear is that DOL/USCIS would come back and say hey you have almost the same requirement for both the positions, why does one require only MS+1 while the other accepts BS+3..
Its a valid point. If its more or less the same description of the job...you will have hard time to convince the USCIS. Most likely the PERM will be approved and you will face issues during EB2 - I-140.
My fear is that DOL/USCIS would come back and say hey you have almost the same requirement for both the positions, why does one require only MS+1 while the other accepts BS+3..
Its a valid point. If its more or less the same description of the job...you will have hard time to convince the USCIS. Most likely the PERM will be approved and you will face issues during EB2 - I-140.
more...
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TempWorker
08-20 08:18 AM
I will be there.
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sdrblr
09-01 03:19 PM
If you (or her ) do not get the card by 2nd week, make an infopass appointment and get the PP stamped.
I received email from USCIS this morning for my wife I-485 i.e Card Ordered for Production. I am the Primary applicant, but i am still waiting for my turn. My PD is Sep 2004 & EB2.
We booked our tickets to India before we received this email. I am travelling in 3rd week of Sep. We both have new AP's. So is i have to wait here in USA to receive the Card or can i proceed with my actual plan?. Can anybody share their expertise?.
I really for your help in Advance.
Thanks,
Lotus
I received email from USCIS this morning for my wife I-485 i.e Card Ordered for Production. I am the Primary applicant, but i am still waiting for my turn. My PD is Sep 2004 & EB2.
We booked our tickets to India before we received this email. I am travelling in 3rd week of Sep. We both have new AP's. So is i have to wait here in USA to receive the Card or can i proceed with my actual plan?. Can anybody share their expertise?.
I really for your help in Advance.
Thanks,
Lotus
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MetteBB
05-11 02:23 PM
alright, here's another one...
you guys r hard to please :to:
/mette
you guys r hard to please :to:
/mette
chanduv23
09-12 03:58 PM
Just like *ranga*, *billa* also has a story.
billa went to Texas A and M for his Mechanical Engineering and then moved into a lucrative job at a world famous oil company in Houston. His company has offered him a permanant job and offered to do his Green Card. But they don't know he will be leaving his job to go to Dubai because of Green Card logjam and uncertaainity that prevails.
Lets help to keep Billa and Ranga in the US. Lets all go to the rally
billa went to Texas A and M for his Mechanical Engineering and then moved into a lucrative job at a world famous oil company in Houston. His company has offered him a permanant job and offered to do his Green Card. But they don't know he will be leaving his job to go to Dubai because of Green Card logjam and uncertaainity that prevails.
Lets help to keep Billa and Ranga in the US. Lets all go to the rally
bbenhill
03-11 12:32 PM
Hi, For some reason, their employment based insurance rejected their pregnancy coverage. Do you have a link that show that pregnancy is NOT a pre-existing condition in group insurances (Law website or any links?)
her pregnancy is sometime around 6 months now and they will need insurance..
Thx for your help :)
* Coming as H4 --> So, assuming to join a H1 or equivalent.
* Spouse must be covered by his employer.
* As soon as she arrives, she can be included in his insurance (most insurances allow open window throughout the year for new arrivals into the country)
* Pregnancy is NOT as pre-existing condition in group insurances. It is LAW.
Relax.
her pregnancy is sometime around 6 months now and they will need insurance..
Thx for your help :)
* Coming as H4 --> So, assuming to join a H1 or equivalent.
* Spouse must be covered by his employer.
* As soon as she arrives, she can be included in his insurance (most insurances allow open window throughout the year for new arrivals into the country)
* Pregnancy is NOT as pre-existing condition in group insurances. It is LAW.
Relax.
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