Kevin Sadler
October 23rd, 2005, 02:57 AM
if i'm around, sure. i was just up there today near petaluma.
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jkays94
05-17 07:33 PM
My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.
The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.
Did you appeal your case to the Board of Immigration Appeals ? Have you sought the intervention of congressional offices ? Congressional offices can ask questions and get answers which you otherwise would never get. What status did you file under ? EB category ? etc
Judges in the US do not discriminate on national origin or immigration status. There have been cases where legal and illegal immigrants convicted of crimes have sued the US and won key phases of their cases even when the cases were appealed. Examples of such are Jogi v. Voges and :
In two recent decisions, the Fourth Circuit reversed lower court rulings that had dismissed law suits filed by two Colombian nationals under the Alien Tort Statute. Both lawsuits sought $2 million in damages on the grounds that the arresting authorities had failed to advise them of their right to consular notification and communication.
While this were not immigration cases, the following case might even demonstrate that Judges are there to uphold the law without fear or favor. In this particular case, a court ordered a US consulate to adjudicate a visa application in 60 days when the applicants had been kept waiting for over 4 years. Mind you the individual was outside the US and still sued and won :
Mandamus Granted Against U.S. Embassy in Moscow in 4-Year Wait for Visa (http://www.aila.org/content/default.aspx?docid=16767)
A District Court in California grants mandamus against the U.S. Embassy in Moscow in an immigrant visa case, finding that 4 years is an unreasonable time for an application to be pending and that a U.S. petitioner has standing to bring a mandamus action against an overseas consulate in a visa application case. Courtesy of Kenneth White.
Finally, I am not an attorney, but I strong suggest pursuing the congressional office route, if need be, use both your congressman(woman) and senator's office to get to the bottom of what appears to be an obvious error. You might want to schedule a meeting with them rather than discuss the issue over the phone and provide all copies of correspondence.
The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.
Did you appeal your case to the Board of Immigration Appeals ? Have you sought the intervention of congressional offices ? Congressional offices can ask questions and get answers which you otherwise would never get. What status did you file under ? EB category ? etc
Judges in the US do not discriminate on national origin or immigration status. There have been cases where legal and illegal immigrants convicted of crimes have sued the US and won key phases of their cases even when the cases were appealed. Examples of such are Jogi v. Voges and :
In two recent decisions, the Fourth Circuit reversed lower court rulings that had dismissed law suits filed by two Colombian nationals under the Alien Tort Statute. Both lawsuits sought $2 million in damages on the grounds that the arresting authorities had failed to advise them of their right to consular notification and communication.
While this were not immigration cases, the following case might even demonstrate that Judges are there to uphold the law without fear or favor. In this particular case, a court ordered a US consulate to adjudicate a visa application in 60 days when the applicants had been kept waiting for over 4 years. Mind you the individual was outside the US and still sued and won :
Mandamus Granted Against U.S. Embassy in Moscow in 4-Year Wait for Visa (http://www.aila.org/content/default.aspx?docid=16767)
A District Court in California grants mandamus against the U.S. Embassy in Moscow in an immigrant visa case, finding that 4 years is an unreasonable time for an application to be pending and that a U.S. petitioner has standing to bring a mandamus action against an overseas consulate in a visa application case. Courtesy of Kenneth White.
Finally, I am not an attorney, but I strong suggest pursuing the congressional office route, if need be, use both your congressman(woman) and senator's office to get to the bottom of what appears to be an obvious error. You might want to schedule a meeting with them rather than discuss the issue over the phone and provide all copies of correspondence.
pvganesh
10-28 01:17 AM
Thanks again for your advice..
I have experience as 'systems analyst' continuously but job duties/responsibilities increased over last 7 years; during this time received multiple trainings, certifications, outstanding performer awards and traveled other countries for work etc. Will these help in proving 'progressive experience? My PERM requires Masters or 60 months of experience in any of the positions; programmer or IT analyst or systems analyst. Would it be sufficient in this case, if we can reflect progressive job duties in experience letters.
I have seen in many forum posts that affidavits from co-workers at client location (not colleagues) are valid, is this really true?
I'm planning to have a consultation with an attorney for a second opinion on this and discuss the strategy, how this petition should be filed, do you recommend?
Thanks in advance.
PVGanesh
I have experience as 'systems analyst' continuously but job duties/responsibilities increased over last 7 years; during this time received multiple trainings, certifications, outstanding performer awards and traveled other countries for work etc. Will these help in proving 'progressive experience? My PERM requires Masters or 60 months of experience in any of the positions; programmer or IT analyst or systems analyst. Would it be sufficient in this case, if we can reflect progressive job duties in experience letters.
I have seen in many forum posts that affidavits from co-workers at client location (not colleagues) are valid, is this really true?
I'm planning to have a consultation with an attorney for a second opinion on this and discuss the strategy, how this petition should be filed, do you recommend?
Thanks in advance.
PVGanesh
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srarao
07-23 12:51 PM
There is no significance, just to track
more...
ganguteli
02-10 01:27 PM
The idea is good but,
People with EAD will not come. They are out of the troble zone anyways and can use EAD to get a new job easily as EAD is like a greencard.
People not working in financial sector will not come as they do not think it affects them
People from financial sector will also not come as they are busy finding a job
Remaining will also not come as we desis are reluctant to spend money. It costs money to travel. So maybe DC area and nearby area people may come. But they will be handful.
Most people will be ok to do online petition or fax campaign as you just need to press a button.
People with EAD will not come. They are out of the troble zone anyways and can use EAD to get a new job easily as EAD is like a greencard.
People not working in financial sector will not come as they do not think it affects them
People from financial sector will also not come as they are busy finding a job
Remaining will also not come as we desis are reluctant to spend money. It costs money to travel. So maybe DC area and nearby area people may come. But they will be handful.
Most people will be ok to do online petition or fax campaign as you just need to press a button.
chanduv23
06-18 03:13 PM
u never went to india since 5 years, your crazy :)
I met a US citizen of Indian origin who came to US in 1991 on a tourist visa and in those days, they managed to get green cards - dunno how. He never visited India. Got married here and still visualizes India as how it was in 80s.
I met a US citizen of Indian origin who came to US in 1991 on a tourist visa and in those days, they managed to get green cards - dunno how. He never visited India. Got married here and still visualizes India as how it was in 80s.
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rajnag21
07-17 05:51 PM
First of all thanks to IV core team,logiclife,pappu and all the others who have made this possible for the rest of us !
As I understand change of marriage date is really not possible as everything has been paid for and arranged et al...
Thanks so much for your advice on this matter. I will convey the advice for this posting to him so he can take the appropriate decision.
As I understand change of marriage date is really not possible as everything has been paid for and arranged et al...
Thanks so much for your advice on this matter. I will convey the advice for this posting to him so he can take the appropriate decision.
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shri22
11-13 09:40 PM
Hi All,
Can you please tell me, when following was announced? Is this a new rule ?
VISA CONVERSATION NOT POSSIBLE FROM H4->H1 or from F1=> H1
I have appointment for Jan12 in TIJUANA , I took this appointment Oct 19th
I worked almost more than 1 year in USA with H1 status but never stamped on my passport.
Thanks
Shri
Can you please tell me, when following was announced? Is this a new rule ?
VISA CONVERSATION NOT POSSIBLE FROM H4->H1 or from F1=> H1
I have appointment for Jan12 in TIJUANA , I took this appointment Oct 19th
I worked almost more than 1 year in USA with H1 status but never stamped on my passport.
Thanks
Shri
more...
sammyb
02-09 10:31 PM
RNGC .. great work done by your little princes ... am eagerly waiting to see the letter ... guess when you post in the forum you have an option to attach certain documents like pdf etc ...
Sammy.
Sammy.
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jingi1234
08-19 05:30 PM
Hi Friends,
My PD is Mar, 2005 filed under EB2. Me & My wife got an RFE asking status for a particular period [like May 01, xxxx to Feb xxxx]. These dates exactly fall under just one month before graduation to OPT expiration.
For my case �.. no issues providing evidence and everything is straight forward.
But for my wife �.we have some issue (I think)
USCIS wants her status from May 01, 2003 to Mar 01 2006.
She graduated on May 23, 2003. She used 60 days grace period before applying for EAD.
OPT from July 31, 2003 to July 30, 2004 [exactly one year and was looking for job�didn't find one]
We filed H1B in April, 2004 so that she can start working from Oct, 2004 [H1B approved for Oct 2004 to Sep 2007 ..extension approved too�]
But No status from July 31, 2004 to Sep 30, 2004 [USCIS issued a gap relief for all the F1 students like this]�.
What are odds that her case might we rejected�any opinions here.
Thanks,
Jingi
My PD is Mar, 2005 filed under EB2. Me & My wife got an RFE asking status for a particular period [like May 01, xxxx to Feb xxxx]. These dates exactly fall under just one month before graduation to OPT expiration.
For my case �.. no issues providing evidence and everything is straight forward.
But for my wife �.we have some issue (I think)
USCIS wants her status from May 01, 2003 to Mar 01 2006.
She graduated on May 23, 2003. She used 60 days grace period before applying for EAD.
OPT from July 31, 2003 to July 30, 2004 [exactly one year and was looking for job�didn't find one]
We filed H1B in April, 2004 so that she can start working from Oct, 2004 [H1B approved for Oct 2004 to Sep 2007 ..extension approved too�]
But No status from July 31, 2004 to Sep 30, 2004 [USCIS issued a gap relief for all the F1 students like this]�.
What are odds that her case might we rejected�any opinions here.
Thanks,
Jingi
more...
fatjoe
10-23 03:50 PM
My friends who filed on Aug 6, Aug 8, and Aug 13 their EAD in one week gap.
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Munna Bhai
10-26 11:18 AM
Ashkam is right...
Labor has to be pending 1 year. I think you will get your PERM approval soon as DOL at present is free.
Be prepared with the paper work for your I-140 premium so that you can file it as soon as you get the PERM approval.
The lawyers will say it will take them no time but they will delay it by at-least 3 weeks to get the paper work done.
In the worst case go for a vacation for 4 months to Canada, get your paper work mailed to you, get the extension stamping done and be back.
I hope this helps and good luck on your green card pursuit...
I-140 premium processing is not available.
Labor has to be pending 1 year. I think you will get your PERM approval soon as DOL at present is free.
Be prepared with the paper work for your I-140 premium so that you can file it as soon as you get the PERM approval.
The lawyers will say it will take them no time but they will delay it by at-least 3 weeks to get the paper work done.
In the worst case go for a vacation for 4 months to Canada, get your paper work mailed to you, get the extension stamping done and be back.
I hope this helps and good luck on your green card pursuit...
I-140 premium processing is not available.
more...
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bho123
08-11 11:33 PM
Guys
I have filed for my renewal EAD on May 29th at NSC. My current EAD expires on Sept 24th. I havent got the renewal EAD yet, where as my wife got it both applications were sent in the same envelope. I am working on EAD and am losing sleep since if my EAD doesnt come in time I will be out of my payroll.
Has some one gone to the local USCIS office to get the interim EAD recently? I was told that option no longer exists.
Can some one post the FAX #s to expedite EAD requests?
yes that is true, Local uscis no longer provides interim EAD. they just place a request for interim EAD from their office only after your application has crossed 90 days from the receipt date (not notice date).
I have filed for my renewal EAD on May 29th at NSC. My current EAD expires on Sept 24th. I havent got the renewal EAD yet, where as my wife got it both applications were sent in the same envelope. I am working on EAD and am losing sleep since if my EAD doesnt come in time I will be out of my payroll.
Has some one gone to the local USCIS office to get the interim EAD recently? I was told that option no longer exists.
Can some one post the FAX #s to expedite EAD requests?
yes that is true, Local uscis no longer provides interim EAD. they just place a request for interim EAD from their office only after your application has crossed 90 days from the receipt date (not notice date).
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GCOP
11-08 07:17 PM
245i applicants ( the people who were out of status) were allowed to file for adjustment of status under LIFE ACT of year 2000 passed by congress. There were no additional Immigrant visas approved for these applications and they are being issued visas from the regular quota.
Following is the link for LIFE ACT
Full Text of Immigration Bill--12/15/00 (http://www.immigrationlinks.com/news/news677.htm)
We are in a very difficult situation. Unless congress passes some legislative change, it is very hard to determine the further progress in EB-3 India Category. I really do hope that, most of the 245i application visa adjudication would have been done. I have also heard that relatives of 245i applicants are being issued immigrant visas at US Consulates abroad. So these additional visas on top of 245i applications make it very hard for any prediction.
EB-3(India) & ALL EB categories need very URGENT HELP from congress, as this situation has arised due to 245i LIFE ACT.
WE REQUEST CONGRESS, TO PASS LEGISLATION - NOT TO COUNT ANY 245I VISAS AGAINST REGULAR QUOTA ( TO EXEMPT 245I VISAS FROM THE QUOTA).
Following is the link for LIFE ACT
Full Text of Immigration Bill--12/15/00 (http://www.immigrationlinks.com/news/news677.htm)
We are in a very difficult situation. Unless congress passes some legislative change, it is very hard to determine the further progress in EB-3 India Category. I really do hope that, most of the 245i application visa adjudication would have been done. I have also heard that relatives of 245i applicants are being issued immigrant visas at US Consulates abroad. So these additional visas on top of 245i applications make it very hard for any prediction.
EB-3(India) & ALL EB categories need very URGENT HELP from congress, as this situation has arised due to 245i LIFE ACT.
WE REQUEST CONGRESS, TO PASS LEGISLATION - NOT TO COUNT ANY 245I VISAS AGAINST REGULAR QUOTA ( TO EXEMPT 245I VISAS FROM THE QUOTA).
more...
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bigboy007
11-05 04:15 PM
Forget about comprehensive bills. With the gridlock in Washington, and both parties trying to gain points for 2012, nothing meaningful will happen !!!!!
Forget about congress.. Immigrantion reform should start with us Immigrants if we dont go and meet atleast our lawmakers who will help us ?
Forget about congress.. Immigrantion reform should start with us Immigrants if we dont go and meet atleast our lawmakers who will help us ?
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smaram1
11-24 08:44 AM
� Confirmation Receipt of E-filing
� Letter with the reason explaining why do I need to travel
� Copy of I-485 receipt
� Copy of I-140 receipt
� Copy of I-94 both front & back
� Copy of EAD
� 2 Passport photos
� Copy of marriage certificate
� Copy of Driver License
� Copy of Passport
� Letter with the reason explaining why do I need to travel
� Copy of I-485 receipt
� Copy of I-140 receipt
� Copy of I-94 both front & back
� Copy of EAD
� 2 Passport photos
� Copy of marriage certificate
� Copy of Driver License
� Copy of Passport
more...
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drona
07-12 01:48 PM
Can you send me the letter by PM or post it here? Would like to see the format. I could send one as well or fax it to him.
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485InDreams
02-11 07:56 PM
i haven't recevied my FP notice yet.....
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girishvar
08-15 12:14 PM
Non-compete is based on a state law. Consult a Virginia employment attorney. Generally non-compete doesn't have teeth, because every one has got a right to work and practice your profession/make living.
austindesi
07-15 12:10 PM
Count me in -- from Austin, Texas
aruny5
10-26 05:05 PM
My wife called Air France and France's Atlanta consulate. She will be requiring Airport Transit Visa B.
She will have to mail her original and one copy of passport and I 20 form with $ 86 Visa fee for Airport Transit Visa and an Express mail self address envelope.
Also Air France is going charge $ 50 each for extra bag after first (I received a mail about baggage fee after booking my ticket).
I will never again travel with Air France, British Airway and Lufthance even after geting GC. Today these three airlines lost a customer for life.
These three airlines don't need desi's business.:mad:
She will have to mail her original and one copy of passport and I 20 form with $ 86 Visa fee for Airport Transit Visa and an Express mail self address envelope.
Also Air France is going charge $ 50 each for extra bag after first (I received a mail about baggage fee after booking my ticket).
I will never again travel with Air France, British Airway and Lufthance even after geting GC. Today these three airlines lost a customer for life.
These three airlines don't need desi's business.:mad:
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