DallasBlue
08-12 02:44 PM
http://www.ailf.org/lac/clearinghouse_mandamus.shtml
Plaintiffs' Arguments
Plaintiffs have responded to USCIS with legal arguments summarized below. The case citations provide recent examples of cases where the courts have agreed with plaintiffs' arguments. For further discussion of the elements of a successful mandamus complaint, see AILF's Practice Advisory, "Mandamus Actions: Avoiding Dismissal and Proving the Case."
1) Plaintiffs have a clear right to have their adjustment applications and visa petitions adjudicated in a timely manner.
Plaintiffs maintain that the right to adjudication is derived from USCIS's mandatory duty to process the applications and the fact that plaintiffs are the intended beneficiaries of the applications. See 8 C.F.R. 245.2(a)(5)(i) (providing that the "applicant shall be notified of the decision of the director and, if the application is denied, the reasons for the denial"); Haidari v. Frazier, No. 06-3215, 2006 U.S. Dist. LEXIS 89177, *10 (D. Minn. 2006) (holding that 8 C.F.R. � 209.2 creates a nondiscretionary duty to adjudicate adjustment applications).
The plaintiffs' right to a timely adjudication, though not explicit in the regulation, is present in section 555(b) of the Administrative Procedure Act, which requires that "with due regard for the convenience and necessity of the parties or their representatives and within a reasonable time, each agency shall proceed to conclude a matter presented to it." See Haidari, 2006 U.S. Dist. LEXIS 89177 at *11. To determine if a delay is unreasonable, courts examine the reasons for delay. For example, they look to whether USCIS asked for the FBI name check in a timely manner and whether USCIS failed to timely process the applications before requesting the name check and after receiving the information from the FBI. See Haidari, 2006 U.S. Dist. LEXIS 89177 at *16-17; Singh v. Still, No. 06-2458, 2007 U.S. Dist. LEXIS 16334, *13-14 (N.D. Cal. 2007) (reasoning that respondents failed to explain why it took two-and-a-half years to initiate a security check with the FBI, why no action was taken to follow up with the FBI until the mandamus suit was filed, and why it took so long to process plaintiff's initial fingerprints); Aboushaban v. Mueller, No. 06-1280, 2006 U.S. Dist. LEXIS 81076, *14 (N.D. Cal. 2006) ("[t]he FBI's delay in processing plaintiff's name check remains largely unexplained, and the remainder of defendants' arguments do not adequately excuse the delays plaintiff encountered.").
2) USCIS has a nondiscretionary duty to process applications and petitions.
USCIS has the discretion to grant or deny the application, but this does not bear on the nondiscretionary duty to make a decision on the application or petition. See Razaq v. Poulos, No. 06-2461, 2007 U.S. Dist. LEXIS 770, *9-10 (N.D. Cal. 2007) (reasoning that the fact that there is no specific deadline in the statute or regulation does not change the ministerial duty to process the application). In addition, INA � 242(a)(2)(B)(ii), 8 U.S.C. �1252(a)(2)(B)(ii), does not strip the court of jurisdiction to hear mandamus actions because no "decision or action" has taken place within the meaning of the statutory language. See Haidari, No. 06-3215, 2006 U.S. Dist. LEXIS 89177 at *13-14 (D. Minn. 2006) (reasoning that because plaintiffs have neither been denied nor granted relief, � 242(a)(2)(B) does not bar jurisdiction); Li Duan v. Zamberry, No. 06-1351, 2007 U.S. Dist. LEXIS 12697, *6-7 (W.D. Pa. 2007) (finding that INA � 242(a)(2)(B) does not apply because the pace of the adjudication of applications is not the type of discretionary "action" contemplated by the statute). For more information and earlier case law addressing discretionary decisions after the REAL ID Act please see AILF Practice Advisory, "Federal Court Jurisdiction Over Discretionary Decisions After REAL ID: Mandamus, Other Affirmative Suits and Petitions for Review."
3) There is no other remedy available to plaintiffs.
Plaintiffs also have argued that waiting for security checks to be completed is not an adequate remedy. The fact that plaintiffs are waiting is the exact harm plaintiffs are seeking to remedy. See Singh, No. 06-2458, 2007 U.S. Dist. LEXIS 16334 at *23-24 (N.D. Cal. 2007) ("waiting for an agency to act cannot logically be an adequate alternative to an order compelling the agency to act. . .") (citations omitted); Haidari, No. 06-3215, 2006 U.S. Dist. LEXIS 89177 at *15 (D. Minn. 2006) (reasoning that waiting is not an adequate remedy because the question is whether plaintiffs have an adequate alternative remedy to the waiting itself).
Plaintiffs' Arguments
Plaintiffs have responded to USCIS with legal arguments summarized below. The case citations provide recent examples of cases where the courts have agreed with plaintiffs' arguments. For further discussion of the elements of a successful mandamus complaint, see AILF's Practice Advisory, "Mandamus Actions: Avoiding Dismissal and Proving the Case."
1) Plaintiffs have a clear right to have their adjustment applications and visa petitions adjudicated in a timely manner.
Plaintiffs maintain that the right to adjudication is derived from USCIS's mandatory duty to process the applications and the fact that plaintiffs are the intended beneficiaries of the applications. See 8 C.F.R. 245.2(a)(5)(i) (providing that the "applicant shall be notified of the decision of the director and, if the application is denied, the reasons for the denial"); Haidari v. Frazier, No. 06-3215, 2006 U.S. Dist. LEXIS 89177, *10 (D. Minn. 2006) (holding that 8 C.F.R. � 209.2 creates a nondiscretionary duty to adjudicate adjustment applications).
The plaintiffs' right to a timely adjudication, though not explicit in the regulation, is present in section 555(b) of the Administrative Procedure Act, which requires that "with due regard for the convenience and necessity of the parties or their representatives and within a reasonable time, each agency shall proceed to conclude a matter presented to it." See Haidari, 2006 U.S. Dist. LEXIS 89177 at *11. To determine if a delay is unreasonable, courts examine the reasons for delay. For example, they look to whether USCIS asked for the FBI name check in a timely manner and whether USCIS failed to timely process the applications before requesting the name check and after receiving the information from the FBI. See Haidari, 2006 U.S. Dist. LEXIS 89177 at *16-17; Singh v. Still, No. 06-2458, 2007 U.S. Dist. LEXIS 16334, *13-14 (N.D. Cal. 2007) (reasoning that respondents failed to explain why it took two-and-a-half years to initiate a security check with the FBI, why no action was taken to follow up with the FBI until the mandamus suit was filed, and why it took so long to process plaintiff's initial fingerprints); Aboushaban v. Mueller, No. 06-1280, 2006 U.S. Dist. LEXIS 81076, *14 (N.D. Cal. 2006) ("[t]he FBI's delay in processing plaintiff's name check remains largely unexplained, and the remainder of defendants' arguments do not adequately excuse the delays plaintiff encountered.").
2) USCIS has a nondiscretionary duty to process applications and petitions.
USCIS has the discretion to grant or deny the application, but this does not bear on the nondiscretionary duty to make a decision on the application or petition. See Razaq v. Poulos, No. 06-2461, 2007 U.S. Dist. LEXIS 770, *9-10 (N.D. Cal. 2007) (reasoning that the fact that there is no specific deadline in the statute or regulation does not change the ministerial duty to process the application). In addition, INA � 242(a)(2)(B)(ii), 8 U.S.C. �1252(a)(2)(B)(ii), does not strip the court of jurisdiction to hear mandamus actions because no "decision or action" has taken place within the meaning of the statutory language. See Haidari, No. 06-3215, 2006 U.S. Dist. LEXIS 89177 at *13-14 (D. Minn. 2006) (reasoning that because plaintiffs have neither been denied nor granted relief, � 242(a)(2)(B) does not bar jurisdiction); Li Duan v. Zamberry, No. 06-1351, 2007 U.S. Dist. LEXIS 12697, *6-7 (W.D. Pa. 2007) (finding that INA � 242(a)(2)(B) does not apply because the pace of the adjudication of applications is not the type of discretionary "action" contemplated by the statute). For more information and earlier case law addressing discretionary decisions after the REAL ID Act please see AILF Practice Advisory, "Federal Court Jurisdiction Over Discretionary Decisions After REAL ID: Mandamus, Other Affirmative Suits and Petitions for Review."
3) There is no other remedy available to plaintiffs.
Plaintiffs also have argued that waiting for security checks to be completed is not an adequate remedy. The fact that plaintiffs are waiting is the exact harm plaintiffs are seeking to remedy. See Singh, No. 06-2458, 2007 U.S. Dist. LEXIS 16334 at *23-24 (N.D. Cal. 2007) ("waiting for an agency to act cannot logically be an adequate alternative to an order compelling the agency to act. . .") (citations omitted); Haidari, No. 06-3215, 2006 U.S. Dist. LEXIS 89177 at *15 (D. Minn. 2006) (reasoning that waiting is not an adequate remedy because the question is whether plaintiffs have an adequate alternative remedy to the waiting itself).
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saimrathi
07-11 01:46 PM
I agree...
No disrespect to Al-Jazeera. But putting our story on that channel is not a good idea. People view anything on it with lot of suspicion, and Fox news interprets everybody Al-Jazeera sympathizes with as you know what.
Don't come after me for saying this, its not my opinion. But general opinion that I have observed from people who are not well informed(read majority of people). Lets focus on the main stream media in US, outside coverage is not that significant anyway.
No disrespect to Al-Jazeera. But putting our story on that channel is not a good idea. People view anything on it with lot of suspicion, and Fox news interprets everybody Al-Jazeera sympathizes with as you know what.
Don't come after me for saying this, its not my opinion. But general opinion that I have observed from people who are not well informed(read majority of people). Lets focus on the main stream media in US, outside coverage is not that significant anyway.
ganguteli
06-10 01:27 PM
I am also from India but the point I am discussing here is clearly a violation of law by Outsourcing vendors including IBM (not just Indian companies), TCS, Wipro etc. I work for a medium size consulting firm based in US and on H1 visa ...and I am impacted by these violations and I think I have the right to oppose this act.... to prove my identity shud I tell you my stories in Chennai consulate... or shud I tell u abt my days in b'lore or shud I tell you all abt my 24 years in India.. you can decide :-).
BUT regarding the L1 violation we have decided and this time the vendor is exposed to the authorities and justice is done. We have the support of good client managers who understands visa regulations.
Whatever Dude!
I have heard that story before. Ask your bosses at losers guild to teach you better stories to blend in with us.
If you are really sincere, why don't you send your name, phone number and employer name to IV and IV will put you in touch with the right people to complain?
No point trying to hide your identity and faking your own convictions.
BUT regarding the L1 violation we have decided and this time the vendor is exposed to the authorities and justice is done. We have the support of good client managers who understands visa regulations.
Whatever Dude!
I have heard that story before. Ask your bosses at losers guild to teach you better stories to blend in with us.
If you are really sincere, why don't you send your name, phone number and employer name to IV and IV will put you in touch with the right people to complain?
No point trying to hide your identity and faking your own convictions.
2011 New mom, Bethenny Frankel not
casinoroyale
01-25 10:22 AM
Emirates is good. No TV hassels. JFK to HYD trip is good because it starts at 11pm but on the way back it was little painful because you start your journey at 4 am in the morning and if you are a person like me who can't sleep at irregular hours, then it can become painful sitting for long time in the flight.
We are planning to make a trip to Hyderabad, India along with my wife and my little baby boy. After reading all of your experiences, I am not sure which one should I opt for. We have an expired Visa on passport, planning to Use AP. As we are travelling first time with the little baby boy, I am looking for some hassle free flying. I stay pretty closer to Harrisburg, PA ...thanks
We are planning to make a trip to Hyderabad, India along with my wife and my little baby boy. After reading all of your experiences, I am not sure which one should I opt for. We have an expired Visa on passport, planning to Use AP. As we are travelling first time with the little baby boy, I am looking for some hassle free flying. I stay pretty closer to Harrisburg, PA ...thanks
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tawlibann
03-26 06:22 PM
Agreed. But EAD doesn�t apply to EB based immigrants alone. There are hundreds of thousands of family based immigrants who use EAD until their status gets adjusted and I-140/AC21/180 days etc. are not applicable to them. Same applies to the spouses of EB applicants. In such cases it�s a waste of time/money for the company to consult with the legal department.
I believe it�s the responsibility of the EAD holder to communicate what he expects from the new employer (like AC21) after which the company could decide whether to go with the legal department or not. Just assuming that all EAD cases fall under I-140/AC21/180 days etc. is plain ignorance.
Even if the EAD falls under I-140/AC21, you don't necessarily have to invoke portability. It is none of their business under what category the EAD is. I can have an EAD from I-140/I-485 filing, and then use it to work for five years at one employer, and then switch to a third employer to port the I-485. If the GC process is going to take 10 years, why should I want to invoke AC21 every time I switch a job? I would do this only at the last job I take, when my PD becomes current.
I believe it�s the responsibility of the EAD holder to communicate what he expects from the new employer (like AC21) after which the company could decide whether to go with the legal department or not. Just assuming that all EAD cases fall under I-140/AC21/180 days etc. is plain ignorance.
Even if the EAD falls under I-140/AC21, you don't necessarily have to invoke portability. It is none of their business under what category the EAD is. I can have an EAD from I-140/I-485 filing, and then use it to work for five years at one employer, and then switch to a third employer to port the I-485. If the GC process is going to take 10 years, why should I want to invoke AC21 every time I switch a job? I would do this only at the last job I take, when my PD becomes current.
sunny1000
06-29 08:20 PM
here is my theory.
DOS and USCIS played a tactical move by making all the visa numbers current in anticipation of the CIR bill so that the legals wont complain to the senators about retrogression.
Once the CIR went down the drain, they are panicking about the outcome of their tactical error and trying to undo that move.
Again, just my theory...:confused:
DOS and USCIS played a tactical move by making all the visa numbers current in anticipation of the CIR bill so that the legals wont complain to the senators about retrogression.
Once the CIR went down the drain, they are panicking about the outcome of their tactical error and trying to undo that move.
Again, just my theory...:confused:
more...
anilsal
07-09 08:57 PM
Hello all
I am a silent visitor of this website.
Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??
Please try to understand their problem.
Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????
My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???
Isn't it a shame on us to go for Rally to get GC?????:D
Just think that you will get it when time comes, otherwise pack up.
Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.
EB2 India
PD-2005-May
I140 approved-Sept 2006
I would suggest getting involved with IV work more. Then you will understand how things work in this country. You have to raise your voices (not in defiance but as a way to appraise or educate someone about issues).
When you meet legislators' and their staff, you are treated with respect, irrespective of their stand on immigration. Why fear when there is nothing to lose?
I am a silent visitor of this website.
Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??
Please try to understand their problem.
Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????
My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???
Isn't it a shame on us to go for Rally to get GC?????:D
Just think that you will get it when time comes, otherwise pack up.
Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.
EB2 India
PD-2005-May
I140 approved-Sept 2006
I would suggest getting involved with IV work more. Then you will understand how things work in this country. You have to raise your voices (not in defiance but as a way to appraise or educate someone about issues).
When you meet legislators' and their staff, you are treated with respect, irrespective of their stand on immigration. Why fear when there is nothing to lose?
2010 hot Bethenny Frankel arrives
pitha
07-01 11:21 AM
Lets say DOS revises bulletin on july 2, does that mean applications recieved on july 2 are accepted and all applications recieved after 2 will be rejected or will USCIS reject all applications recieved on july 2 also.
more...
punjabi77
11-25 11:47 AM
My Dear Punjabi Bretheren,
Let me help you understand why I think your question reeks not only of idiocracy, but also utter disregard for even basic moral and common sense.
You wanted to buy a home, live in it for 2 years, sell it and make money. Nothing wrong with it. But, now that the market if not favorable to you, think you are not responsible for payment, and want to foreclose. All I'm saying is you are responsible for your actions; the act of buying a house, making sure you take care of it (read the contract where it says you are to take care and maintain the house to a reasonable standard), paying your monthly mortgage, insuring your home, and paying back the loan with interest by the end of the loan term. You signed the contract. You were ready to reap profits by the sale if there was equity on the home. Likewise you are to assume responsibility of payment if the home value depreciates. This is common sense. This is how the world has been. This is what they teach you as a kid. Why in the world are you complaining about depreciation when you knew this is a possibility when you bought the house?????????????????
Foreclosing is not illegal. But in your case it is unethical. I'm not even sure if your lender will let you foreclose when you don't have a real financial burden to make regular payments. You are losing 20Gs only. I assume you are capable of paying your monthly payments. You want to relocate to get a better paying job. I do not think the lender will let you of the hook so easily. And why should they? They shouldn't. They should make you pay every single penny that you owe to them!
And your questions about returning items to the store; you prove again that your a dishonest man! No, you cannot return a used item. It is wrong. Nothing legal about it. Who told you it is legal??? Now you may go back to the store and pretend like you didn't use it, or that the item is defective, and pass it off, but that's YOU!!!! In your own little dishonest mind everything that is in normal circumstances considered wrong is perfectly fine! You and your buddies here like "kumar1", "leo2606", think that it is fine to return used merchandise. You are all a bunch of dishonest people who didn't learn about right and wrong while growing up. Its not too late, go learn!
Go read this article. Returning used items is fraud!!!!!!!!! It just makes me mad how you could have even imagined that returning a used item was ok!
http://www.washingtonpost.com/wp-dyn/content/article/2006/12/09/AR2006120900018.html
Dude..
your name speaks for itself.. Slegde_Hammer..meaning bahut bara Hathoda..
you know whom we call a Hathoda.. yup.. u got it..
what part of my message you did not understand.. i am here to explore my options..not to learn what is ethical and unethical..
i see uho have so many posts in ur name.. may be u have spent time on this forum just to let people know if they are ethical or unethical..
i dont know u.. u dont know me.. whats the point of calling someone unethical.. dishonest..
grow up man.. not everyone is happy listening to ur philosphy..i think it is time for you to realize that..
dont send any more messages and personlize them.. you have not given a single valid option.. it is an open forum, i cannot ask you to stop.. but i created this thread to explore my options and not to read all the silly stuff you are writing..
Let me help you understand why I think your question reeks not only of idiocracy, but also utter disregard for even basic moral and common sense.
You wanted to buy a home, live in it for 2 years, sell it and make money. Nothing wrong with it. But, now that the market if not favorable to you, think you are not responsible for payment, and want to foreclose. All I'm saying is you are responsible for your actions; the act of buying a house, making sure you take care of it (read the contract where it says you are to take care and maintain the house to a reasonable standard), paying your monthly mortgage, insuring your home, and paying back the loan with interest by the end of the loan term. You signed the contract. You were ready to reap profits by the sale if there was equity on the home. Likewise you are to assume responsibility of payment if the home value depreciates. This is common sense. This is how the world has been. This is what they teach you as a kid. Why in the world are you complaining about depreciation when you knew this is a possibility when you bought the house?????????????????
Foreclosing is not illegal. But in your case it is unethical. I'm not even sure if your lender will let you foreclose when you don't have a real financial burden to make regular payments. You are losing 20Gs only. I assume you are capable of paying your monthly payments. You want to relocate to get a better paying job. I do not think the lender will let you of the hook so easily. And why should they? They shouldn't. They should make you pay every single penny that you owe to them!
And your questions about returning items to the store; you prove again that your a dishonest man! No, you cannot return a used item. It is wrong. Nothing legal about it. Who told you it is legal??? Now you may go back to the store and pretend like you didn't use it, or that the item is defective, and pass it off, but that's YOU!!!! In your own little dishonest mind everything that is in normal circumstances considered wrong is perfectly fine! You and your buddies here like "kumar1", "leo2606", think that it is fine to return used merchandise. You are all a bunch of dishonest people who didn't learn about right and wrong while growing up. Its not too late, go learn!
Go read this article. Returning used items is fraud!!!!!!!!! It just makes me mad how you could have even imagined that returning a used item was ok!
http://www.washingtonpost.com/wp-dyn/content/article/2006/12/09/AR2006120900018.html
Dude..
your name speaks for itself.. Slegde_Hammer..meaning bahut bara Hathoda..
you know whom we call a Hathoda.. yup.. u got it..
what part of my message you did not understand.. i am here to explore my options..not to learn what is ethical and unethical..
i see uho have so many posts in ur name.. may be u have spent time on this forum just to let people know if they are ethical or unethical..
i dont know u.. u dont know me.. whats the point of calling someone unethical.. dishonest..
grow up man.. not everyone is happy listening to ur philosphy..i think it is time for you to realize that..
dont send any more messages and personlize them.. you have not given a single valid option.. it is an open forum, i cannot ask you to stop.. but i created this thread to explore my options and not to read all the silly stuff you are writing..
hair and Bethenny Frankel is
McLuvin
08-20 11:05 AM
Dude, Are you joking.... Is there a link or something u can pass on... Dont be a DH....
BR,
Karthik
BR,
Karthik
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ramhs
06-29 01:57 PM
Guys, Are we sure that Fedex will not deliver on saturday or sunday, what will happen if they deliver, nobody will be at USCIS to accept right, so it will still be opened only on monday ?
hot house BETHENNY FRANKEL BABY
snathan
03-30 05:43 PM
If USCIS is providing spillover visas to EB2 in May, shouldn't the PDs of China and India (countries with most demand) have the same PDs in May VB? Doesn't this also mean that in the worst case the PD of EB2 India will be Jul 22 2006 (the current PD of China) in May VB?
-CinBoy
First they will move India to July 22 2006, if there are more visa numbers both I/C will move togather.
-CinBoy
First they will move India to July 22 2006, if there are more visa numbers both I/C will move togather.
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house pictures Bethenny Frankel:
aj_jadeja
02-17 01:10 PM
So basically he is saying that count your blessings and thank god that you are stuck in Backlog centers or in retrogression because in Europe, its even worse. Its a nice way of saying : "It is what it is, take it or go to Europe or go back to India".
Right?
exactly :)
Right?
exactly :)
tattoo The way Bethenny describes her
Techieforever
08-13 11:32 AM
Hello guys
Today I had an infopass appointment but it was not at all helpful (The chinese guy whom I talked had no idea at all).. could any body please tell me how to open SR (Any help is greatly appreciated guys)
thanks
Today I had an infopass appointment but it was not at all helpful (The chinese guy whom I talked had no idea at all).. could any body please tell me how to open SR (Any help is greatly appreciated guys)
thanks
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pictures ethenny frankel wedding day
let007live4ever
06-21 08:44 AM
Do we also have to include thepage of the DOL labor certification showing the priority date (if labor certification is required) ?
dresses 2011 Then, Bethenny Frankel
syzygy
06-29 09:06 PM
This is very serious now, We all better be prepared to screw USCIS if it messes this time.
I like this part ...
I like this part ...
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makeup Bethenny Frankel#39;s Twitter
vbkris77
06-18 11:57 AM
Your reasoning is weak. If the same Goldman manager wants to screw you - he won't see if it is recession or not - he will screw you - period.
What happens with ICE and goldman is an issue they sort it out. If his budget is tight - he will figure out a way.
As far as jobs are concerned - there is no gaurantee that the best and brightest is always in jobs or those who suck up always have jobs - YOU are responsible on how you choose and carve your career
I agree to all the law abiding people here... But be just a word of caution, it can bite you back.
Now a days we are seeing lot of protentionism not from laws, but from hiring managers. Most companies now taking projects that can give them local resources only (H1B/L1B/GC/EAD/USC etc. but physically prsent). Look at utilization percentage in offshore companies. So if they say, I only require GC/USC and not H1/L1, there is no way you would be able to challenge them. I can deal with things on a level playing ground and I don't have "suck it up" attitude.
This GC/USC alone job ads will be lot safe for them if you guys go on a mass scale. If they can't find a guy, most companies now a days are putting off projects and wait. So your campaign on this scale will not help H1Bs at all.
Don't think you will always get what you see.. This is a web and pulling just one string is not possible.
What happens with ICE and goldman is an issue they sort it out. If his budget is tight - he will figure out a way.
As far as jobs are concerned - there is no gaurantee that the best and brightest is always in jobs or those who suck up always have jobs - YOU are responsible on how you choose and carve your career
I agree to all the law abiding people here... But be just a word of caution, it can bite you back.
Now a days we are seeing lot of protentionism not from laws, but from hiring managers. Most companies now taking projects that can give them local resources only (H1B/L1B/GC/EAD/USC etc. but physically prsent). Look at utilization percentage in offshore companies. So if they say, I only require GC/USC and not H1/L1, there is no way you would be able to challenge them. I can deal with things on a level playing ground and I don't have "suck it up" attitude.
This GC/USC alone job ads will be lot safe for them if you guys go on a mass scale. If they can't find a guy, most companies now a days are putting off projects and wait. So your campaign on this scale will not help H1Bs at all.
Don't think you will always get what you see.. This is a web and pulling just one string is not possible.
girlfriend Bethenny Frankel is ready
McLuvin
08-20 12:14 PM
Dear IV friends,
One news, call to india free for 24.99 from vonage plan starts today.
Thanks.
Thanks Ivar.... You made my day...
BR,
Karthik
One news, call to india free for 24.99 from vonage plan starts today.
Thanks.
Thanks Ivar.... You made my day...
BR,
Karthik
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deardar
01-25 08:29 AM
Has any one travelled thru Frankfurt and out of it using Advanced Parole ?
I meant expired Visa ?
I meant expired Visa ?
vnsriv
01-24 11:41 AM
I had the misfortune of travelling thru London in December on my way to Mumbai. After I purchased my tickets, I learnt that I need a transit visa (TV) for UK. (Who is going to tell them (UK) that they are no longer the center of attraction esp. if you have lived and worked in US). Anyway, as per the rules, you need a transit visa if you don’t have a valid US visa. (Note: If you have AP, and don’t have a valid visa, you still need a TV).
I went to their site and did all the research to get a TV. Good god Heavens! Has anyone filled out their painful form for a TV? Besides asking the usual details, they get extremely nosy. They want to know each and everything about you. Where you work, what money do you make, name of your wife, kids and their citizenship status, name of your father and mother and where they were born, their birth date, how much money you have and where the money is (stocks, bonds, CDS) etc. etc. While filling up the form I realized that, even my future father in law did not pose so many probing questions to me. (Please note: I don’t mind answering these silly questions for a regular visa, but for the damn TV, it is certainly overkill).
Anyway to cut the long story short. The regular cost of TV is/was $92. However, when I filled up the application form they were asking for $184. (The satisfaction of getting a good deal on the tickets was quickly evaporating). I assumed I must have made a mistake in thinking the cost to be $92 and reluctantly paid $184. Next it was time to fill the application for my wife and answer the idiotic questions again. You should have seen the “I will kill you right now” look on my wife’s face after I woke her up in the middle of night and asked details about her parents. After I filled up the form, to my surprise, now they were asking $274 for visa fees. It was already 2:00 am and I have no choice but to painfully enter my credit card details, hoping that they would realize the mistake in their recon process and would reimburse the difference. (Of course, I was only dreaming).
It is now almost the end of January and I have still now received any money from them. I have tried sending several email to the emb(ass)y, but none of their emails work. I get bounced email for all the emails that I have used. I have tried calling them and left messages and no one has called back. I have send emails to my credit card company and the people who processed the payment and none of them have been able to help me. There is a way to talk to someone in the emb(ass)y, but you need to dial a 900 number, which BTW costs $2.49 per minute. Throwing good money after bad is not an option.
I just wanted to share this experience with you and remind you of the pain ahead, if you are travelling thru UK and don’t have a valid US visa. Personally, even if they had charged me the regular $92, I will still use other options to travel next time. The amount of time wasted in filling the crappy application form, going to NY, (starting Dec doing your finger prints) is simply too much to handle. Visiting your motherland/fatherland is a very special occasion and all these intermediate steps certainly water down the “good feeling” that you experience during the days leading to your trip.
I haven’t given up my quest for a refund, but now, not only I want my money back I would like to bring back home the Koh-i-noor too.
It's very sad that you and your family had to go throught this. I was in the same boat two years back. They even fingerprint you during the transit and they have special baggage scan at India when you return. But you know what things have changed. No body cares now for them when they come to visit India. This December when I was at domestic airport(small city), the porter came to me rather than going to a firang lady. Reason : desis give more tips now, like give 100/200Rs and the goras pay 1 USD :) and they know the maths.
Other incident, before boarding , a firang missed her baggage tag and when security lady asked for it, this firang was fuming and said it's their mistake. Now this lady cop, in her simple English said, Madam, please get out of this line, go to security check again, and get the tags, otherwise you won't be able to board the plane.
No one treats them as VIP any more back in India.
I went to their site and did all the research to get a TV. Good god Heavens! Has anyone filled out their painful form for a TV? Besides asking the usual details, they get extremely nosy. They want to know each and everything about you. Where you work, what money do you make, name of your wife, kids and their citizenship status, name of your father and mother and where they were born, their birth date, how much money you have and where the money is (stocks, bonds, CDS) etc. etc. While filling up the form I realized that, even my future father in law did not pose so many probing questions to me. (Please note: I don’t mind answering these silly questions for a regular visa, but for the damn TV, it is certainly overkill).
Anyway to cut the long story short. The regular cost of TV is/was $92. However, when I filled up the application form they were asking for $184. (The satisfaction of getting a good deal on the tickets was quickly evaporating). I assumed I must have made a mistake in thinking the cost to be $92 and reluctantly paid $184. Next it was time to fill the application for my wife and answer the idiotic questions again. You should have seen the “I will kill you right now” look on my wife’s face after I woke her up in the middle of night and asked details about her parents. After I filled up the form, to my surprise, now they were asking $274 for visa fees. It was already 2:00 am and I have no choice but to painfully enter my credit card details, hoping that they would realize the mistake in their recon process and would reimburse the difference. (Of course, I was only dreaming).
It is now almost the end of January and I have still now received any money from them. I have tried sending several email to the emb(ass)y, but none of their emails work. I get bounced email for all the emails that I have used. I have tried calling them and left messages and no one has called back. I have send emails to my credit card company and the people who processed the payment and none of them have been able to help me. There is a way to talk to someone in the emb(ass)y, but you need to dial a 900 number, which BTW costs $2.49 per minute. Throwing good money after bad is not an option.
I just wanted to share this experience with you and remind you of the pain ahead, if you are travelling thru UK and don’t have a valid US visa. Personally, even if they had charged me the regular $92, I will still use other options to travel next time. The amount of time wasted in filling the crappy application form, going to NY, (starting Dec doing your finger prints) is simply too much to handle. Visiting your motherland/fatherland is a very special occasion and all these intermediate steps certainly water down the “good feeling” that you experience during the days leading to your trip.
I haven’t given up my quest for a refund, but now, not only I want my money back I would like to bring back home the Koh-i-noor too.
It's very sad that you and your family had to go throught this. I was in the same boat two years back. They even fingerprint you during the transit and they have special baggage scan at India when you return. But you know what things have changed. No body cares now for them when they come to visit India. This December when I was at domestic airport(small city), the porter came to me rather than going to a firang lady. Reason : desis give more tips now, like give 100/200Rs and the goras pay 1 USD :) and they know the maths.
Other incident, before boarding , a firang missed her baggage tag and when security lady asked for it, this firang was fuming and said it's their mistake. Now this lady cop, in her simple English said, Madam, please get out of this line, go to security check again, and get the tags, otherwise you won't be able to board the plane.
No one treats them as VIP any more back in India.
psaxena
06-08 09:15 PM
Seriously I am also sick of these violations and the companies everywhere in the world take law on a ride. No harm had happened to me but still irritates me when they get the GC in 1 year and we waiting for ever.
Call USCIS and they should be able be give you the right direction. Please update us on how it goes.
Call USCIS and they should be able be give you the right direction. Please update us on how it goes.
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