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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RNGC
02-23 01:18 PM
Interesting (?!) situation!
One of my relative is on F1 visa, he wants to marry someone in India. He has applied family based GC. Can he bring that person in India thru a visitor visa here to USA and get married here ?
1. Is marriage between two non-immigrants valid in USA ? Can this marriage be registered here ?
2. Will his greencard process be in jeopardy if he gets married during the AOS wait time ?
Thanks
One of my relative is on F1 visa, he wants to marry someone in India. He has applied family based GC. Can he bring that person in India thru a visitor visa here to USA and get married here ?
1. Is marriage between two non-immigrants valid in USA ? Can this marriage be registered here ?
2. Will his greencard process be in jeopardy if he gets married during the AOS wait time ?
Thanks
amaacnt27
04-01 07:15 AM
roseball,
Thank you.
Thank you.
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raysaikat
07-30 07:16 PM
I have applied concurrently for green card under EB2 in August 2007.Received I140 approval and I485 is in process. Have applied for H1b extension and is pending. I am working for a consulting firm at present. I got job offer for a permanent position with the client that has same job duties and title. But the salary is about $20, 000 lower than what my consulting firm is paying now. My labor was applied with a higher salary. Can this lower salary and the difference create problems with the green card processing? Did anyone have any of this experience? Please help!!!
Yes, lower salary by that much will be a basis of denial of your I-485. Your new position must have at least the salary mentioned in the LC.
Yes, lower salary by that much will be a basis of denial of your I-485. Your new position must have at least the salary mentioned in the LC.
more...
uimv
05-31 02:54 PM
Thanks. So if I-485 is approved, then all OK.
What happens when there is a problem with I-485: Denial or NOID ?
If denial, and in US, MTR can be filed and if MTR accepted, the period (from Denial) is considered as legal stay (even if not maintaining H1b status).
But if denial, and outside US, you can NOT enter on AP. Correct ? Here only option to enter US is H1b ? Can MTR be filed ?
What happens when there is a problem with I-485: Denial or NOID ?
If denial, and in US, MTR can be filed and if MTR accepted, the period (from Denial) is considered as legal stay (even if not maintaining H1b status).
But if denial, and outside US, you can NOT enter on AP. Correct ? Here only option to enter US is H1b ? Can MTR be filed ?
pandu_hawaldar
07-06 09:16 AM
Hi,
My wife's AP is expiring in mid of October 2010. I am going to apply for her new AP before she travels to India in the 3rd week of July. Is there any issue if she comes back with the new AP? As the renewed AP will be received while she is in India. She will leave with her existing AP and enter back (lets say in Nov 2010) with newly renewed AP.
Please guide.
My wife's AP is expiring in mid of October 2010. I am going to apply for her new AP before she travels to India in the 3rd week of July. Is there any issue if she comes back with the new AP? As the renewed AP will be received while she is in India. She will leave with her existing AP and enter back (lets say in Nov 2010) with newly renewed AP.
Please guide.
more...
godblessamerica_2009
02-04 01:27 PM
It's not clear what you really mean.
You say your employer has agreed to file your AOS papers but has not agreed to proceed with the processing. Isn't that one and the same?
Besides you should ask for exactly what the risk is.
Maybe hiring your own immigration attorney or a consult is the best to get your facts straight.
I corrected that. It is the attorney who didn't give a positive sign yet
You say your employer has agreed to file your AOS papers but has not agreed to proceed with the processing. Isn't that one and the same?
Besides you should ask for exactly what the risk is.
Maybe hiring your own immigration attorney or a consult is the best to get your facts straight.
I corrected that. It is the attorney who didn't give a positive sign yet
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frostrated
07-09 02:08 PM
Hi,
I looked at the list of civil surgeons that approved by USCIS. I called some of them and everyone told me differently in pricing. The basic I693 test would cost around $$220, and if i need vaccines, It would be an addition cost. Like some said the MMR vaccine would cost $120, the other said $50
Lot of them said the cost for chicken pox vaccins is around $120 ( I dont have insurance). My parent is not really sure if I ever have chicken pox or not so incase I need one, DO you know where to get those shots cheaper? Thank you for your time!
go to your county health clinic and take the vaccinations. they are usually free or very cheap. you can then show the report to the uscis doctor to get a waiver.
I looked at the list of civil surgeons that approved by USCIS. I called some of them and everyone told me differently in pricing. The basic I693 test would cost around $$220, and if i need vaccines, It would be an addition cost. Like some said the MMR vaccine would cost $120, the other said $50
Lot of them said the cost for chicken pox vaccins is around $120 ( I dont have insurance). My parent is not really sure if I ever have chicken pox or not so incase I need one, DO you know where to get those shots cheaper? Thank you for your time!
go to your county health clinic and take the vaccinations. they are usually free or very cheap. you can then show the report to the uscis doctor to get a waiver.
more...
askreddy
02-14 12:58 PM
Hi
USCIS mails are NOT forwarded.
When you update the USCIS about address change.You will get confirmation ( may take 30days ) that the address is changed to ur new address.
If the EAD is approved before confirmation the EAD will go to the old address and returned to USCIS.Then Again you need to ask them to resend.
Now a days Iam seeing may people loosing EAds in mail.Even I lost the EAd in the mail because of address change and it never reached new/old/USCIS. I had to apply for replacement card. ( I don't want to scare You).
May be you go to local USCIS office and check what address they have on file.
Thanks
USCIS mails are NOT forwarded.
When you update the USCIS about address change.You will get confirmation ( may take 30days ) that the address is changed to ur new address.
If the EAD is approved before confirmation the EAD will go to the old address and returned to USCIS.Then Again you need to ask them to resend.
Now a days Iam seeing may people loosing EAds in mail.Even I lost the EAd in the mail because of address change and it never reached new/old/USCIS. I had to apply for replacement card. ( I don't want to scare You).
May be you go to local USCIS office and check what address they have on file.
Thanks
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shan74
06-20 07:51 AM
Yes, i got my reports from my doctor and i got the form 693 and the supplemental form.
more...
REQUIRE_GC
10-24 07:38 AM
If your name is coorect in EAD, then you should go to SSN office and
explain them , and if required re apply. You will get it changed. Remember SSN is going to be stuck to your lifetime. Hence better do the correct thing.
explain them , and if required re apply. You will get it changed. Remember SSN is going to be stuck to your lifetime. Hence better do the correct thing.
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paskal
11-28 05:18 PM
i'm presuming you are not talking about a physician NIW but and exceptional ability category?
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java4yogi
10-10 01:19 PM
good catch there !
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sunny1000
09-06 10:13 PM
Hello,
I have been approved for a new H1 visa for 2 years - Consulate Case. My previous visa extension was denied & so applied for a new one with a different company in a different state. I m trying to book an appointment online for the interview in which I have to fill up DS 156 form. There is one question # 24, where it is asking me write the address where I will stay. At present, I have not decided on address as I don't know stamping would be approved or not. So what do I need to write there. I presently stay in a different stay where I own a house.
Lawyers & experienced people pls. help out as soon as possible... I am running out of time...
Thanx In advance
The address should be the one which you are currently staying (on file with USCIS when you filed for GC or notified using AR-11).
I have been approved for a new H1 visa for 2 years - Consulate Case. My previous visa extension was denied & so applied for a new one with a different company in a different state. I m trying to book an appointment online for the interview in which I have to fill up DS 156 form. There is one question # 24, where it is asking me write the address where I will stay. At present, I have not decided on address as I don't know stamping would be approved or not. So what do I need to write there. I presently stay in a different stay where I own a house.
Lawyers & experienced people pls. help out as soon as possible... I am running out of time...
Thanx In advance
The address should be the one which you are currently staying (on file with USCIS when you filed for GC or notified using AR-11).
more...
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same_old_guy
07-20 07:34 PM
This is for June filers and NOT for July filers.
When this was releases July was not current, ie, released after July 2 and before July 17.
When this was releases July was not current, ie, released after July 2 and before July 17.
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vsoni
03-08 11:57 AM
My company would like to send me France on business.
But My H1 visa expired Jan 2006.
I got H1 approval up 2009 but passport is not stamped.
My lawyer told me that I can go to Paris (France) and visa stamped.
I am not sure France consulate will issue me visa to enter France.
Any comments and any input?
But My H1 visa expired Jan 2006.
I got H1 approval up 2009 but passport is not stamped.
My lawyer told me that I can go to Paris (France) and visa stamped.
I am not sure France consulate will issue me visa to enter France.
Any comments and any input?
more...
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ektha123
12-10 07:17 PM
can we call to customer care and change the name on tht.
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vin13
06-24 07:55 PM
Hi,
I've read conflicting information on whether one is eligible to receive unemployment benefits.
Specifically, i understand as a primary applicant in AOS status, one can not claim such benefits. But how about a derivative spouse, working on EAD , who lost her job? Can she claim such benefits as unemployment insurance. I've read that unemployment insurance should NOT be construed as a public charge, since its paid by the employer , when the employee is working.
So is it safe to get the basic unemployment benefits for a derivative spouse working in AOS status?
thanks
Yes, a derivative spouse can avail unemployement benefits and not jeopardize green card. Make sure she is eligible as per state laws. Each state has a different rule on who is eligible. Do some homework by calling your local unemployement office. I know of at least couple of immigration lawyers who discussed this on their newsletters. I know sheela murthy's website had that info too. Google for it and read.....
I've read conflicting information on whether one is eligible to receive unemployment benefits.
Specifically, i understand as a primary applicant in AOS status, one can not claim such benefits. But how about a derivative spouse, working on EAD , who lost her job? Can she claim such benefits as unemployment insurance. I've read that unemployment insurance should NOT be construed as a public charge, since its paid by the employer , when the employee is working.
So is it safe to get the basic unemployment benefits for a derivative spouse working in AOS status?
thanks
Yes, a derivative spouse can avail unemployement benefits and not jeopardize green card. Make sure she is eligible as per state laws. Each state has a different rule on who is eligible. Do some homework by calling your local unemployement office. I know of at least couple of immigration lawyers who discussed this on their newsletters. I know sheela murthy's website had that info too. Google for it and read.....
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munch_042
04-15 07:21 AM
I'm from the Philippines and Mar. 28, 2006 is my PD. My question now is, what if by June (by God's grace) my PD will be processed. How many more months should I wait before receiving my packet 4? considering that certain documents (ds230,nbi) need to be updated & be sent to them. A total of how many more months should I still need to wait before my embassy interview?
Hope u can really help me with this! thanks!
Hope u can really help me with this! thanks!
poise2000
08-29 07:56 PM
Thanks a lot!
belmontboy
08-13 12:06 PM
I got GC under EB2, I'm planning to start my own business. is there any risk factors if i leave my employer right after getting GC and change the Field of intrest?
thanks
If its subway or any other franchise restaurant, then yes you can.
if its another blood sucking desi consultancy exploiting people, then No. You can never change your field of interest.
:D
thanks
If its subway or any other franchise restaurant, then yes you can.
if its another blood sucking desi consultancy exploiting people, then No. You can never change your field of interest.
:D
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