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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gcwait2007
06-23 11:33 PM
Here is the USCIS official URL page/ press release:
http://www.uscis.gov/files/article/premproc_22jun09.pdf
http://www.uscis.gov/files/article/premproc_22jun09.pdf
a2k2
06-15 08:01 PM
Yes I did send a copy of her I-485.
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nissan_1
06-15 09:50 AM
As long as you return before the stamping expires on your passport, you are fine. Just carry the new H1B Approval with you and 2-3 recent paystub and a job reference letter from your employer. While entering US, show the new approval and make sure your I-94 has the correct employer name and expiry date. Sometimes the officer makes mistake :)
If I were to go for an India visit, Do I need to have the stamping done again while returning?
If I were to go for an India visit, Do I need to have the stamping done again while returning?
more...
mm1
10-16 11:20 PM
Actually how could the employer pay him before his visa status is activated. His visa status is activated only on 1st of october. and his status was changing from h4 to h1.
dsneyog
01-15 09:12 AM
I am planning to contact my district senator to help expedite my AP application.
If you have used such help before how you approached it. Did you call directly or sent email?
I just donno if I should write an email giving entire details or just be brief.
Thanks
If you have used such help before how you approached it. Did you call directly or sent email?
I just donno if I should write an email giving entire details or just be brief.
Thanks
more...
Zee
06-14 12:11 PM
As per July bulletin it looks like it will be current till Aug 31st...
Hi,
I have applied for my PERM labor and have not got any approval on that...I am checking to see if the Concurrent Filing of I-140 and I-485 is still available....???
and also how many days or months does anyone think this PD will remain current..???
Any suggestions will be appreciated...!!!
Hi,
I have applied for my PERM labor and have not got any approval on that...I am checking to see if the Concurrent Filing of I-140 and I-485 is still available....???
and also how many days or months does anyone think this PD will remain current..???
Any suggestions will be appreciated...!!!
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timyue
January 6th, 2005, 08:33 AM
since u already have a d100 no point of buying another one.. i'd say u shud go wit a D70.. its prices are dropping and hey its quality is not bad nad your lenses will fit perfeclty fine ^.^
tim
tim