qasleuth
05-15 11:48 PM
Can someone shed light on this topic?
I know Writ of mandamus cases are common for FBI name check delays.
What about AC 21?
When USCIS ignored AC 21 and denied I-485, did anyone file for Writ of Mandamus?
What are the costs involved?
How much time does it take to get a ruling from the court?
Per Wikipedia "The applicant pleading for the writ of mandamus to be enforced should be able to show that he has a legal right to compel the respondent to do or refrain from doing the specific act. The duty sought to be enforced must have two qualities:[3]It must be a duty of public nature and the duty must be imperative and should not be discretionary."
The last sentence is key. AC21 is the law but USCIS issued multiple 'Memos' clarifying, making rules, giving 'recommendations' etc etc. These memos are not cast in law but sound like "discretionary". It also perhaps depends on the exact reasons for denial. Did the person get an RFE before a denial, the applicant move to same or similar job, was the I140 approved or was it merely 'approvable'. Many moving parts.
I know Writ of mandamus cases are common for FBI name check delays.
What about AC 21?
When USCIS ignored AC 21 and denied I-485, did anyone file for Writ of Mandamus?
What are the costs involved?
How much time does it take to get a ruling from the court?
Per Wikipedia "The applicant pleading for the writ of mandamus to be enforced should be able to show that he has a legal right to compel the respondent to do or refrain from doing the specific act. The duty sought to be enforced must have two qualities:[3]It must be a duty of public nature and the duty must be imperative and should not be discretionary."
The last sentence is key. AC21 is the law but USCIS issued multiple 'Memos' clarifying, making rules, giving 'recommendations' etc etc. These memos are not cast in law but sound like "discretionary". It also perhaps depends on the exact reasons for denial. Did the person get an RFE before a denial, the applicant move to same or similar job, was the I140 approved or was it merely 'approvable'. Many moving parts.
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gc_on_demand
12-17 04:35 PM
They might have moved all non - preadjuicated files to NSC. TSC has nothing to process so may be close to current in processing time.
NSC will be overloaded though..
NSC will be overloaded though..
sunny1000
02-21 10:57 PM
I know that PERM labor gets expired if one does not file I-140 within 180 days of labor's approval date.
I am wondering if DOL has any procedure to revive expired approved/unused PERM by filing some sort of request/appeal or by paying some sort of fees etc. or if not ,then one files a new PERM by referring the old unused approved labor for the same job and same person then DOL can give an expedited approval.
They give 180 days to file...what stops the person from filing for the I-140 within the 180 day window in the first place? Are you talking about labor substitution? If so, they got rid of it because of extensive abuses and so, don't count on it.
I am wondering if DOL has any procedure to revive expired approved/unused PERM by filing some sort of request/appeal or by paying some sort of fees etc. or if not ,then one files a new PERM by referring the old unused approved labor for the same job and same person then DOL can give an expedited approval.
They give 180 days to file...what stops the person from filing for the I-140 within the 180 day window in the first place? Are you talking about labor substitution? If so, they got rid of it because of extensive abuses and so, don't count on it.
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martinvisalaw
07-16 01:22 PM
My MTR was received by USCIS on June 25, 2009. Today I received an auto-generated email with case status update. My MTR has been denied :-(
Any advice for the next steps is appreciated.
What were you or the company applying for originally that was denied? More details please....
Any advice for the next steps is appreciated.
What were you or the company applying for originally that was denied? More details please....
more...
Ind-Can
01-05 12:35 PM
Thanks for the reply Pandey.
morchu
05-18 11:58 AM
True up to some extent. When filing AOS, you still "intent" to join for the exact same employment (including location), as specified in your LC. You are NOT required to take that exact employment "at the time" of filing AOS. What is required "at the time of filing AOS" is to have a legitimate intention to take that exact employment upon GC. By joining for that exact employment from anytime now, will actually help in proving the "legitimacy" of your intention (but not "required").
My LC and I-140 was approved with my ex-employer in CA.Now I have a oppurtunity to join my ex-employer in the east coast. Will I be able to file AOS if I join in a similar role and when my PD becomes current ? The immigration lawyer of my ex-employer told me that I have to join in the same location as my LC was approved to take advantage of AOS as it is location specific. Is it true?
Thanks
Member of north calif
dontation : $500
My LC and I-140 was approved with my ex-employer in CA.Now I have a oppurtunity to join my ex-employer in the east coast. Will I be able to file AOS if I join in a similar role and when my PD becomes current ? The immigration lawyer of my ex-employer told me that I have to join in the same location as my LC was approved to take advantage of AOS as it is location specific. Is it true?
Thanks
Member of north calif
dontation : $500
more...
arnab221
12-20 07:56 PM
With full due respect to the extremely hard IIT JEE and the brilliance of the students that make it to the IIT , the reason that only 3500 make it from over 150,000 is because of India's staggering population and staggering student numbers . The US has less than a third of US's population and hence Harvard accepts 10% . It is simple math.
I feel that just because a person could not crack a question in IIT JEE and gets rejected makes him any less smarter than the ones who make it given the small number of seats that used to be sometime back .
It is good that ye government has now opened a lot more IIT's and IIM's so that more people can get the privilege of going into these elite institutionalism , the ones who missed the Institution because they could not crack one question in the JEE .
I feel that just because a person could not crack a question in IIT JEE and gets rejected makes him any less smarter than the ones who make it given the small number of seats that used to be sometime back .
It is good that ye government has now opened a lot more IIT's and IIM's so that more people can get the privilege of going into these elite institutionalism , the ones who missed the Institution because they could not crack one question in the JEE .
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rajsand
10-07 10:10 AM
I am also on the same boat.For me and my wife we only I-765 recipts only and the rest are not there.Checks are also encahsed only for this.I am not sure what is is the logic and which one will follow is it 485 then rest .
more...
moonrah
05-11 06:23 PM
I think you are talking about labor certification, but how about I-140
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marty
03-14 02:59 PM
I am almost in the same situation. My PD will hopefully be current in next bulletin and I've decided its worth to wait for couple of more months and not deal with any complications that may arise due to job change.
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babu123
03-31 10:41 PM
Thanks for the information.
Can we file I-130 and I-485 concurrently in this category now or I need to wait until my priority date is current to file I-485 in this category?
Appreciate your thoughts in this.
Can we file I-130 and I-485 concurrently in this category now or I need to wait until my priority date is current to file I-485 in this category?
Appreciate your thoughts in this.
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dmdrn2829
10-08 08:46 PM
YES! EAD is your license to work for any company, even for those not sponsoring you. It doesn't matter if your i140 is approved or not, you can work with EAD and that is legal.
Hi! thank you for your reply! :)
Hi! thank you for your reply! :)
more...
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rameshk75
02-28 02:14 PM
A question from one of my friend.
************************************************** *******
Here are my H1 details.
Initially I came to USA on H1B in May 2002 and stayed till June end 2004. In early 2004 I had applied for H1B extension and got it extended till Sep 2005. As I went back to India in July 2004 I didn't get a chance to extend my H1B for the second time. Effectively I
was in USA for just over 2 years on H1B and overall validity of my H1B was over 3 years.
Last year (2007) July I came to USA on L1A and I have the visa valid till March 2010.
************************************************** *******
Can someone suggest whether he can apply for H1 Transfer and Extension or does he need to apply for new H1B in the 2008 quota?
Thanks in advance.
************************************************** *******
Here are my H1 details.
Initially I came to USA on H1B in May 2002 and stayed till June end 2004. In early 2004 I had applied for H1B extension and got it extended till Sep 2005. As I went back to India in July 2004 I didn't get a chance to extend my H1B for the second time. Effectively I
was in USA for just over 2 years on H1B and overall validity of my H1B was over 3 years.
Last year (2007) July I came to USA on L1A and I have the visa valid till March 2010.
************************************************** *******
Can someone suggest whether he can apply for H1 Transfer and Extension or does he need to apply for new H1B in the 2008 quota?
Thanks in advance.
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vban2007
05-22 03:33 PM
Pls reply - Its urgent
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needhelp!
10-16 01:07 PM
second that!
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vdlrao
05-11 12:35 PM
Where is the bulletin. :rolleyes:
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gparr
July 27th, 2005, 09:14 AM
Agreed with Rune on the trees. Nice composition otherwise. I'd move to the other side of that tree line and shoot the barn from several angles. Looks like a lot of potential in that building. If you want the fence in the image, try it from the other end. Maybe the trees won't get in the way. The image also has the leaning-to-the-left feel to it.
Gary
Gary
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spicy_guy
06-28 11:08 PM
Why doesn't he want to do this in the foreground?
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GKBest
10-16 02:01 PM
Just wait a few more days and you will receive his I-485 receipt. Some members received online rejection only to find later on that they have been issued a receipt notice.
snhn
07-14 03:40 PM
Hello folks. Here is the overiview.
485 EB3 world, applied Augut 8, 2007. ND is Oct 8, 2007.
I just checked today and saw LUDS on my cases. NO lUD on 485 at all. (not approved) No LUD on AP or EAD. (these are approved)
These are all approved as well.
I129 LUd 7/13/2008
I140 LUD 7/13/2008
I290BLUD 7/13/2008 (I had to file because my H1 extension was denied. It was approved after the appeal. However, the status for this still shows received and we will let you know when we make a decision. this was 2 years ago. I have since then able to extend my h1 again.
No LUDs on EAD OR AP cases. NO LUDS of any kind for my wifes cases as well.
What does all this means. The messages are still the old ones, nothing new. Just LUDS on these cases. Does that mean that my 485 is going to be denied or that they might be looking at my case in the near future. does this mean that they may be looking for more information. Has anyone of you had LUDS on any of your old cases but not on your 485 case. I have ready somewhere that some got LUDS on older cases.
How is USCIS wokring on Sunday. 7/13 was yesterday and it was Sunday.
Please respond with your opinions.
Thanks!
485 EB3 world, applied Augut 8, 2007. ND is Oct 8, 2007.
I just checked today and saw LUDS on my cases. NO lUD on 485 at all. (not approved) No LUD on AP or EAD. (these are approved)
These are all approved as well.
I129 LUd 7/13/2008
I140 LUD 7/13/2008
I290BLUD 7/13/2008 (I had to file because my H1 extension was denied. It was approved after the appeal. However, the status for this still shows received and we will let you know when we make a decision. this was 2 years ago. I have since then able to extend my h1 again.
No LUDs on EAD OR AP cases. NO LUDS of any kind for my wifes cases as well.
What does all this means. The messages are still the old ones, nothing new. Just LUDS on these cases. Does that mean that my 485 is going to be denied or that they might be looking at my case in the near future. does this mean that they may be looking for more information. Has anyone of you had LUDS on any of your old cases but not on your 485 case. I have ready somewhere that some got LUDS on older cases.
How is USCIS wokring on Sunday. 7/13 was yesterday and it was Sunday.
Please respond with your opinions.
Thanks!
Queen Josephine
May 6th, 2005, 11:50 PM
Queen, it's good to know you're still receiving treatment for your condition. ;)
Gary
:D Well, they can't stop treatment until there's some improvement!
Gary
:D Well, they can't stop treatment until there's some improvement!