Saturday, July 2, 2011

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  • kate123
    04-01 10:05 AM
    Guys do not feed the freeloaders by telling anything you are reading in the donor forum. Let these people help themselves by signing up for recurring contributions if they want helpful nformation about their EB2 PD movemement. We are still not meeting of our advocacy day amount. It is all because most people want free lunches. This needs to stop. The 200 people going to DC tomorrow are going to speak for you and me for yours and mine greencard. They are taking time off and spending own money for you and me. Nothing is free in this world. IV is also doing this for you and me and we are taking it for granted. Let people do some good deed today if they want to know good information

    Please do not generalize every one... I was a donor member in the past and I also made several one time contributions towards specific events...

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  • GCBy3000
    07-10 09:48 AM
    Veterans will see our message. So the credit will go to immigrants. We should have added the as footnote. always just like our taxes...this will go to the veterans also.
    The credit will go to USCIS.

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  • pappu
    06-20 04:05 PM
    There have been members on forums trying to find answers to common questions. Here are some answers and tips from Susan Henner


    Question: multiple filing of I485 if both husband and wife have I140 approved.
    As far as I know a person can and should only file 1 adjustment of
    application. You can not be a double adjustment applicant! So choose
    one with the 'more current' or older priority date as we expect some
    retrogression in up-coming months. This may go by the numbers and
    So you want to use the oldest date possible.

    If a person uses one of his I-140s and the adjustment is for some
    denied, it appears that there is no reason why they can not then
    for adjustment using the other approved I-140 providing all the
    are met under the petition.

    My other advice concerns the fact that the filing fees are increasing
    July 30th. This means every case should be filed by July 29th to avoid
    increase. This really only gives people between July 1 and July 29 to
    cases. So it will be a big rush.

    I also recommend scheduling physician appointments ASAP. I am told
    many INS physicians are extremely backlogged due to the visa
    If you have other answers from lawyers, you can post them. Make sure to post the lawyer's name. Do not post your opinion. Post legal advice given to you by your lawyer, with the lawyer's name. This will help members get accurate advice and not opinions.

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  • gbof
    08-17 12:51 PM
    [COLOR="DeepSkyBlue"]Your Case Status: Decision

    Case Status changed to Decision..with the above message today.

    After 2 failed marriages (i mean with 2 different companies)...some risk-taking ..coz, i left my second employer after crossing 200 days since filing I-485 , Used EAD and took up full-time employment with an awesome organization , and then later 2nd employer revoking I-140 that lead to an RFE ...and USCIS keeping the status Response received since Jan 2009 ...and now this ...after opening an SR on 08/10..Looks like it took an exact week since the SR was created.

    Of course, my roller-coaster was a small one compared to the rest of the friends in this forum.. Good luck to all and thanks to one and everyone.


    Congrats, Anil. I know it's a big relief....enjoy your freedom..


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  • jsb
    09-24 09:04 AM
    Another thread tells USCIS offices are shuttling cases around. See below

    No one is sure where you case has been sent to (at least until you get receipt...or even after that). Weekly updates only tell about the cases each office decided to keep. No one knows about transferred (or yet undecided as to where to send) cases...weekly updates don't apply to them !!!

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  • DianaSteve
    05-09 11:20 AM
    My PD is sept 2001. India. I would like to know if i can file I140 and I485 concurently? My attorney says I can. Only thing they will not do anything with 485 until the visa numbers become current. Is this true?

    Any help in answering my question is appreciated.

    Thanks in advance.


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  • Libra
    01-11 08:17 PM
    guys, take some time on weekend and send your letters. please support IV action item.

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  • CADude
    10-12 06:54 PM
    Please send your proof to Email: "PublicAffairs, CISOmbudsman" <>. This will help for future applicants. I don't want anyone go though this random waiting game. Thank you

    wow.. I finally got my receipt numbers.. I called USCIS and it seems it was just entered into the system today. It starts with LIN...

    EB3 India
    PD-Dec02, I-140-Nov06 TSC
    July 2, Got the receipt for I-485 and EAD today


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  • eb_retrogession
    02-03 09:20 AM
    Prez Mr. Bush visiting Intel Corporation today!!!!

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  • gc_lover
    06-29 08:22 PM
    My labor is also stuck in PBEC...

    Trust are in better position then those who are stuck because of this USCIS mess!


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  • hazishak
    09-14 11:19 PM
    Why they need name check when they have finger print? Name can be change any time where as finger print cant be.

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  • smisachu
    01-02 02:20 AM
    I have an appointment at Kolkata on the 11th. Scheduled to fly back to US on the 26th. Considering Martin Luther king Jr day it will be 9 working days. After seeing the PIMS delays, I am seriously considering return back on AP. Cannot take the risk of delaying the flight as I dont have vacations to hang around and wait for PP.


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  • aadimanav
    01-03 12:56 AM
    Part 2 continued....

    USCIS delays have become so excessive in this arena that many foreign nationals have sought relief in federal court. The Administrative Procedure Act of 1946 (APA), which governs federal agency actions and decisions, requires that an agency resolve a matter presented to it within a "reasonable" time frame. See 8 U.S.C. 555(b). Using the APA, foreign nationals have argued that waiting for two or more years for a decision on an immigration application is "unreasonable" under the statute. The cases are divided, but a majority of courts have agreed that making a foreign national wait years and years just for a decision on his or her application is unreasonable. As a result, many judges have ordered the FBI and USCIS to complete pending name check cases within 60 or 90 days where a foreign national has been waiting for two or more years. Some judges have noted that security concerns are not to be taken lightly, but this only reinforces the fact that such issues should be resolved in a matter of weeks as opposed to years.

    The success or failure of litigation in this arena ultimately turns on the court's reading of a jurisdiction-stripping provision embedded in the Immigration and Nationality Act (INA), as amended by the Real ID Act of 2005. The INA precludes judicial review of any "decision or action" of the USCIS that is "specified [under INA] to be in the discretion" of the USCIS. See 8 U.S.C. 1252(a)(2)(B)(ii). In defending challenges to delayed applications, the U.S. Attorney's office has argued that the adjudication of a green card application, including the pace of adjudication, is committed to the sole discretion of the USCIS, because the INA specifies that a decision to approve or deny a green card application is within the discretion of the USCIS. See 8 U.S.C. 1255(a).

    None of the circuit courts have ruled on this issue, but the relationship between USCIS delay and the role of the judiciary has become a "national judicial debate" at the district court level. See Saleem v. Keisler , 2007 U.S. Dist. LEXIS 80044 (W.D. Wis. Oct. 26, 2007). Some courts have bought the government's argument, holding that a discretionary "action" includes every interim action taken along the way leading up to an ultimate decision on an application. See Safadi v. Howard , 466 F.Supp. 2d 696, 699 (E.D. Vir. 2006). Under this theory, a stalled name check is simply action along the way to a final decision. The majority of courts have rejected this reading of the statute, holding that USCIS' discretion only applies to the ultimate decision on an application, not the pace of its adjudication. As one court stated, "it would require Orwellian twisting of the word ["action"] to conclude that it means a failure to adjudicate." Saleem v. Keisler, supra. Similarly, U.S. District Judge Stewart Dalzell recognized that the INA grants discretion to the USCIS to grant or deny a green card application, but "national security does not require that it also have absolute discretion to delay such an application to Dickensian lengths." Cao v. Upchurch , 496 F.Supp. 2d 569, 574 (E.D. Pa 2007). Put simply, "there is a difference between the [USCIS'] discretion over how to resolve an application and the [USCIS'] discretion over whether it resolves an application." Singh v. Still , 470 F. Supp. 2d 1064, 1068 (N.D. Cal. 2007).

    The U.S. Attorney's office has also argued that the USCIS is not required to make a decision on green card or naturalization applications since the INA does not specify a time frame for the agency's decision. See Assadzadeh v. Mueller , 2007 U.S. Dist. LEXIS 80915 (E.D. Pa. Oct. 31, 2007). The government's argument is based on Norton v. So. Utah Wilderness Alliance , 542 U.S. 55 (2004), where the U.S. Supreme Court held that a plaintiff can succeed in compelling an agency to act under the APA if and only if the action sought to be compelled is a "discrete action" that the agency is "legally required" to take. Under the government's theory, the USCIS cannot be compelled to act where its organic statute fails to require it to make a decision. But, under Norton , an agency's regulation with the force of law can create a legal duty. Arguably, the USCIS is legally required to act on applications presented to it, as its own regulations provide that it inform applicants of its decisions. See 8 C.F.R. 245.2(a)(5)(i) (green card applications); 8 C.F.R. 316.14(b)(1) (naturalization applications). Most judges in the Eastern District of Pennsylvania appear to accept this argument. For example, in Kaplan v. Chertoff , 481 F. Supp. 2d 370, 399 (E.D. Pa. 2007), Judge Eduardo Robreno held that the USCIS has a duty to adjudicate green card and naturalization applications, based, in part, on the agency's own regulations.

    Once a court determines that its jurisdiction is not stripped under the INA, it usually faces little difficulty finding a cause of action under the APA. Of course, determining whether an agency has acted unreasonably is a fact-intensive inquiry, but the government's position does not look promising where the USCIS has failed to perform three distinct background checks for two or more years without any indication of special circumstances. See, e.g., Saleem v. Keisler, supra . The government has argued that flagging agency resources are to blame, but many courts find little sympathy for such posturing. In addressing the issue of agency resources, one court stated that the USCIS should take its complaints up with Congress. See Liang v. Attorney General , 07-cv-2349-CW (N.D. Cal. Oct. 30, 2007). "The executive branch must decide for itself how best to meet its statutory duties; this Court can only decide whether or not those duties have been met." Id . Even factoring in flagging appropriations, the court held that a two-and-a-half-year delay is unreasonable as a matter of law. Id .

    With more than 340,000 cases in the name check backlog, it is not clear when some foreign nationals will ever have their cases resolved at the agency level. At least with the advantageous decisions handed down from the federal district courts, foreign nationals have the hope of going into court to request an expeditious resolution to their name checks. In the majority of situations, it appears that litigation is the only option, but at least an option exists.

    Please email the author at with questions about this article.

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  • v2neha
    01-09 03:48 PM
    Letters sent


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  • SunJoshi
    12-30 03:52 PM
    Starting this thread to discuss bills and proposals for 2006. Open for public.

    The dabate will help formulate strategies.

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  • franklin
    07-11 12:13 AM
    Congratulations guys - I am proud of you all


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  • arkrish68
    09-10 07:34 PM
    Send email to:
    You will have to fill this form and attach to the email:

    Thank you very much for your update. Went to the Infopass today and as per the IO came to know that my case is in adjudication review and will get the interview. I don't know how much ombudsman will be helpful, but will try all options. My labour was approved in 2 months and I-140 in 18 days but it seems I485 is sturck for ever :mad:

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  • Legal
    06-29 03:51 PM
    If your PD is current for the July bulletin, then your application has to reach on July 2nd which is a Monday.

    If your application was to reach on Saturday, June 30, and if the mail room guy is working overtime (assuming that the hell has frozen over), then your application will be sent back soon enough. Of course, the mail room guy is not going to open it on the same day; he/she is only going to stamp the date. And then when they really open it (2, 3, 4 weeks from now), they will send it back to you.
    If your application was to reach on Sunday, July 1st, and if the mail room guy is working overtime (assuming that the hell has frozen over AGAIN), then your application will be accepted.

    But if either of the two things above happen, I am not sure that GC is going to be my priority since hell would have frozen over...and I believe that's where we currently are stuck! :-)

    So just take a chill pill, guys, your lawyer should know that the application should reach between Monday, July 2nd and Tuesday, July 31st. The end date can change once the August bulletin comes out.


    Better to mail on Saturday and have it delivered on Monday.

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  • pop
    01-20 08:40 AM
    Because you still need a visa to enter the USA (though you have an H-1B approval) and application for the visa abroad is not always easy.

    09-09 05:55 PM
    List has been updated with IV members' feedback.
    Lets continue calling.

    01-16 10:23 PM
    Can some one please clarify what this case number is. Do we get the case number when we apply for visa, or this is just the approval notice number.

    I am going for my interview on 23rd January to Mumbai. I was just trying to find out whether I can call KCC before leaving US to find out if my approval notice is in the PIMS system or not.

    Did you call KCC to check if your approval is in PIMS system?

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