Robert Kumar
04-04 06:32 AM
Getting any sort of data out of any of the immigration agencies is often frustrating. Especially something like how many eb2 I-140 did they accept, approve, deny... However, they do randomly throw number out and we can scavenge through them for `clues'. Here is one such link.
USCIS: National Processing Volumes and Trends (http://dashboard.uscis.gov/index.cfm?formtype=7&office=5&charttype=1)
I agree, thanks.
USCIS: National Processing Volumes and Trends (http://dashboard.uscis.gov/index.cfm?formtype=7&office=5&charttype=1)
I agree, thanks.
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needhelp!
01-09 05:53 PM
Those who already sent.. get your friends to send. Its great, I was planning to invite my friends over anyway, and I will get copies of the letter and have them sign it, and I will make it pain free for them and mail it for them as well. :)
ash27
06-12 07:40 PM
Ganguteli, why do you keep on questioning everybody's intentions all the time. the other day, I had posted about L1 exploiting the loop to file GC in EB1 and your answer was plainly stupid and irritating - "I would have done the same thing if I had a chance"....
There is nothing wrong in exposing any kind of visa fraud...I came here on F1 10 years back and still in line for GC after getting masters from a decent school and working with major employers. What is wrong in making sure that it is FIFO....
There is nothing wrong in exposing any kind of visa fraud...I came here on F1 10 years back and still in line for GC after getting masters from a decent school and working with major employers. What is wrong in making sure that it is FIFO....
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GCKaMaara
11-26 02:46 PM
And you did not understand that this is a way for the lawyer to advertise himself.
He may have seen many people worried about this issue on IV and he wrote on his site . Now you are becoming his agent and posting on this site. This is not a news. It is only a comment. It can be true/partially true or partially false.
To me this issue is a non issue for which IV is working and this lawyer is blowing out of proportion. Only handful of people got denials and that too because their Desi employer acted in revenge for them leaving the company.
Even if Desi Employer (blood sucker at least in this case, agreed?) go for revenge, there should not be impact if I-140 is approved and 485 is filed for more than 6 months. Few cases also should give enough alarm.
He may have seen many people worried about this issue on IV and he wrote on his site . Now you are becoming his agent and posting on this site. This is not a news. It is only a comment. It can be true/partially true or partially false.
To me this issue is a non issue for which IV is working and this lawyer is blowing out of proportion. Only handful of people got denials and that too because their Desi employer acted in revenge for them leaving the company.
Even if Desi Employer (blood sucker at least in this case, agreed?) go for revenge, there should not be impact if I-140 is approved and 485 is filed for more than 6 months. Few cases also should give enough alarm.
more...
Milind123
01-27 09:06 PM
Now about the staff at Heathrow. Surely anyone with eyes that work can see most of them are not British at all but immigrants of some variety or another. A true Brit is a very friendly individual. The invasion of their island during the past fifty years has changed the face of the entire community, not all for the better that is for certain.
Now how do you know that, do you check their passports or do you ask them point blank about their origin. Or do you try to place them by their accent. Obviously not. The only way you can make such a blanket statement and attach an "immigrant of some variety" lable is by the looks alone. My friend, the last ten pages are precisly about such issues. Also, it is quite possible for a third generation Indian/Pakisani, a true Brit nevertheless, to work at Heathrow ... and If I borrowed your eyes for a minute, I see only an immigrant invading the country.
Now how do you know that, do you check their passports or do you ask them point blank about their origin. Or do you try to place them by their accent. Obviously not. The only way you can make such a blanket statement and attach an "immigrant of some variety" lable is by the looks alone. My friend, the last ten pages are precisly about such issues. Also, it is quite possible for a third generation Indian/Pakisani, a true Brit nevertheless, to work at Heathrow ... and If I borrowed your eyes for a minute, I see only an immigrant invading the country.
logiclife
06-15 12:32 PM
Do you have a question, comment, or give info about a previous post.
I don't mind, you just copied my post from another thread (minus the links).
What are you tryiing to say?
His point is to keep documents ready in case you can replace the ones sent by your lawyer (paralegal really does that) whcih is often rife with errors.
Plus its easier to spot errors in your lawyer's work if you have correctly filled forms to compare them with.
I don't mind, you just copied my post from another thread (minus the links).
What are you tryiing to say?
His point is to keep documents ready in case you can replace the ones sent by your lawyer (paralegal really does that) whcih is often rife with errors.
Plus its easier to spot errors in your lawyer's work if you have correctly filled forms to compare them with.
more...
mail2me_Ds
10-01 03:53 PM
I think if you have I-551 stamped on your passport then you do not need any other document. i-551 is as good as physical green-card. You can carry the approval notice with you. This is my opinion, do no quote on me.
Thank you.
Thank you.
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garamchai2go
12-17 02:59 PM
All - I see a lot of "views" but no replies...
Please enter the info even if you have not received the passport yet.
eg:
Dec 5, Passport rcvd - NO (as of Dec 17), , H1-B, Chennai, Renewal-yes
other details: <.....................>
Any info. would be helpful at this time ... thanks!!!
Dec 6 1400 hrs, Passport rcvd - NO(as of Dec 17), H1-B, Chennai
With telephone conversation with consulate staff , I came to know that sometime tomorrow vfs will have my passport. Will let you know once I hear from vfs.
Please enter the info even if you have not received the passport yet.
eg:
Dec 5, Passport rcvd - NO (as of Dec 17), , H1-B, Chennai, Renewal-yes
other details: <.....................>
Any info. would be helpful at this time ... thanks!!!
Dec 6 1400 hrs, Passport rcvd - NO(as of Dec 17), H1-B, Chennai
With telephone conversation with consulate staff , I came to know that sometime tomorrow vfs will have my passport. Will let you know once I hear from vfs.
more...
seekerofpeace
10-05 10:53 PM
Caliguy,
POJ method can be used for all cases that are current and in the processing window...just keep on trying ur luck and I am sure you'll land a decent CSR who will be much much more useful and worth your trials and efforts.
Be persistent and you have every right to be after all you came this far.
Write to Janet Napolitano and mention that you are unfairly getting delayed and that you want to know what is holding your application and all checks and clearances done and visa number is available...
SoP
POJ method can be used for all cases that are current and in the processing window...just keep on trying ur luck and I am sure you'll land a decent CSR who will be much much more useful and worth your trials and efforts.
Be persistent and you have every right to be after all you came this far.
Write to Janet Napolitano and mention that you are unfairly getting delayed and that you want to know what is holding your application and all checks and clearances done and visa number is available...
SoP
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nish
06-12 05:27 PM
Hi,
I am currently working in Skilled visa through one of MNC company.I am working for this company for last 4 years and prior to this company i worked in another small company for two years.When I join my current company i provided all the legal document like exp,last two month pay stub and releiving letter and they did BG . They did not find anything wrong with prior employer in last 4 year. recently they found something wrong about my prior employer and asking me providing additional document and unfortunately company is closed or rename. I have told my current employer that i don't have any more evidance of my prior employer.Because of this reason they are asking me to come back india.
Is there any way that i can take legal action against this company in US because from last one week
they are harrassing my like anything.
Please let me know if anyone come across in this situation.
I am currently working in Skilled visa through one of MNC company.I am working for this company for last 4 years and prior to this company i worked in another small company for two years.When I join my current company i provided all the legal document like exp,last two month pay stub and releiving letter and they did BG . They did not find anything wrong with prior employer in last 4 year. recently they found something wrong about my prior employer and asking me providing additional document and unfortunately company is closed or rename. I have told my current employer that i don't have any more evidance of my prior employer.Because of this reason they are asking me to come back india.
Is there any way that i can take legal action against this company in US because from last one week
they are harrassing my like anything.
Please let me know if anyone come across in this situation.
more...
s_r_e_e
08-21 10:46 AM
i support any action.. but writing to Uscis will help only if your interpretation of law (or lack of law) on spill over is correct. Shouldnt this be confirmed first?
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jthomas
11-22 05:35 PM
It looks like a good discussion. Please note i guess you are a highly skilled legal immigrant in H1B/EAD. What are the chances of you gettting a NOID and you would be back to your home country if you cannot keep a job in H1B.
Do whatever you wish, Gain knowledge and don't sit in your house with morals. Later if u make good money (billionaire) donate it or send cash with a envelope, I was not able to sleep last night because i walked away from my home, but now i am a wealthy guy.
Do whatever you wish, Gain knowledge and don't sit in your house with morals. Later if u make good money (billionaire) donate it or send cash with a envelope, I was not able to sleep last night because i walked away from my home, but now i am a wealthy guy.
more...
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samrat_bhargava_vihari
06-29 05:38 PM
I am joining Law Suit. I am leaving this country, if they make it 'U' for Eb2 and Eb3 for India.
i don't see a point here. they no need to approve the cases if no visa numbers but what wrong to accept. thoguh I am effecting by this my feeling is that this is just a rumor.
i don't see a point here. they no need to approve the cases if no visa numbers but what wrong to accept. thoguh I am effecting by this my feeling is that this is just a rumor.
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conchshell
07-11 11:42 PM
Dainik Bhaskar:
http://70.87.69.50/DainikBhaskar/artMailDisp.aspx?article=12_07_2007_001_023&typ=1&pub=587
http://70.87.69.50/DainikBhaskar/artMailDisp.aspx?article=12_07_2007_001_023&typ=1&pub=587
more...
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Macaca
07-13 09:41 PM
In War on the Middle Class (http://www.amazon.com/War-Middle-Class-Government-Business/dp/0670037923) Lou Dobbs says H1B workers don't pay taxes.
However, H-1B workers are legally required to pay the same taxes as any other US resident, including Social Security and Medicare9 (Publication 519 (2006) (http://www.irs.gov/publications/p519/index.html), U.S. Tax Guide for Aliens). Some H-1B workers are not eligible to receive any Social Security or Medicare benefits unless they are able to adjust status to that of permanent resident. However, if their country of citizenship has a tax agreement with the United States, they are able to collect the Social Security they've earned even if they don't gain permanent residency.
In some cases, H-1B workers pay higher taxes than a US citizen because they are not entitled to certain deductions (eg. head of household deduction amongst many others).
Indian techie slams CNN Lou Dobbs! (http://www.indiadaily.com/editorial/10-28a-04.asp) By N. Sivakumar, October 28, 2004
In a book titled "Dude, did I steal your job? Debugging Indian Computer programmers", the author, an Indian software engineer, has slammed Lou Dobbs of CNN for calling the foreign high-tech workers as non-tax payers, and humiliating the enormous contributions of foreign high-tech workforce to the American economy.
"Foreign high-tech workers who come here on H-1B / L1 visas pay every tax that U.S. citizens do, including Social Security and Medicare. But if they return to their homeland, then they will not get any benefits from these programs. The recent recession cost the United States more than half a million foreign high-tech workers who had to return home after paying all these taxes. In fact, Americans owe them money"
The author writes.
"The ignorance to mention the stupendous contributions of immigrant high-tech workers was the primary cause for the anti-Indian atmosphere which is seen among computer professionals lately. Unfortunately, neither the media nor the public understand the foreign high-tech workforce. The net result: those who supported the foreign high-tech worker programs have taken a back seat to play safe, and Indians and others who came here on visas, and worked their butts off to make this country prosper are named 'slaves', 'dummies', and 'enemies'. writes the author, N.Sivakumar.
The book also claims that bringing in foreign high-tech workforce at the right time was the primary reason for America's stupendous high-tech success, and gives statistics and evidence to prove that hadn't America acted quickly, the Europeans would have taken over the software dominance.
The book also outlines the life, struggle and achievements of Indian programmers in America with entertaining facts, and is a prime discussion topic in many anti-outsourcing and immigration websites lately.
However, H-1B workers are legally required to pay the same taxes as any other US resident, including Social Security and Medicare9 (Publication 519 (2006) (http://www.irs.gov/publications/p519/index.html), U.S. Tax Guide for Aliens). Some H-1B workers are not eligible to receive any Social Security or Medicare benefits unless they are able to adjust status to that of permanent resident. However, if their country of citizenship has a tax agreement with the United States, they are able to collect the Social Security they've earned even if they don't gain permanent residency.
In some cases, H-1B workers pay higher taxes than a US citizen because they are not entitled to certain deductions (eg. head of household deduction amongst many others).
Indian techie slams CNN Lou Dobbs! (http://www.indiadaily.com/editorial/10-28a-04.asp) By N. Sivakumar, October 28, 2004
In a book titled "Dude, did I steal your job? Debugging Indian Computer programmers", the author, an Indian software engineer, has slammed Lou Dobbs of CNN for calling the foreign high-tech workers as non-tax payers, and humiliating the enormous contributions of foreign high-tech workforce to the American economy.
"Foreign high-tech workers who come here on H-1B / L1 visas pay every tax that U.S. citizens do, including Social Security and Medicare. But if they return to their homeland, then they will not get any benefits from these programs. The recent recession cost the United States more than half a million foreign high-tech workers who had to return home after paying all these taxes. In fact, Americans owe them money"
The author writes.
"The ignorance to mention the stupendous contributions of immigrant high-tech workers was the primary cause for the anti-Indian atmosphere which is seen among computer professionals lately. Unfortunately, neither the media nor the public understand the foreign high-tech workforce. The net result: those who supported the foreign high-tech worker programs have taken a back seat to play safe, and Indians and others who came here on visas, and worked their butts off to make this country prosper are named 'slaves', 'dummies', and 'enemies'. writes the author, N.Sivakumar.
The book also claims that bringing in foreign high-tech workforce at the right time was the primary reason for America's stupendous high-tech success, and gives statistics and evidence to prove that hadn't America acted quickly, the Europeans would have taken over the software dominance.
The book also outlines the life, struggle and achievements of Indian programmers in America with entertaining facts, and is a prime discussion topic in many anti-outsourcing and immigration websites lately.
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TheNewTiger
04-07 11:40 AM
When one should feel to donate, they can donate. Doesn't mean that you donated, means everyone should donate.
It is about donation, not Haptaa-vasooli.....
So, before taunting anyone you should understand the meaning of "Donation".
People are not contributing for Advocacy day and they will contribute to hire the octopus ?? :rolleyes:
It is about donation, not Haptaa-vasooli.....
So, before taunting anyone you should understand the meaning of "Donation".
People are not contributing for Advocacy day and they will contribute to hire the octopus ?? :rolleyes:
more...
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SunnySurya
08-07 11:52 AM
I am impressed by your qualifications, what is your PD?
I am EB2-I with a couple of US grad degrees (and same undergrad school as Rolling Flood, not that it matters to anyone except perhaps those who suppor the lawsuit). And I think this lawsuit is a bad idea because it is divisive and petty.
There is an old Malayalam story that most people who went to school in Kerala would have read in their primary school classes. Two guys, Greedy and Jealous, pray to God. God appears and Greedy goes, "I just want double of what you give the other guy. All I want to be is to be ahead of him." Hearing this, Jealous says, "God, please make me blind in one eye."
This lawsuit, like the story above, is a case of knifing others in the back, for no real gain. We should instead try to leverage IV's large membership for a common good, which is what has made IV successful so far.
I am EB2-I with a couple of US grad degrees (and same undergrad school as Rolling Flood, not that it matters to anyone except perhaps those who suppor the lawsuit). And I think this lawsuit is a bad idea because it is divisive and petty.
There is an old Malayalam story that most people who went to school in Kerala would have read in their primary school classes. Two guys, Greedy and Jealous, pray to God. God appears and Greedy goes, "I just want double of what you give the other guy. All I want to be is to be ahead of him." Hearing this, Jealous says, "God, please make me blind in one eye."
This lawsuit, like the story above, is a case of knifing others in the back, for no real gain. We should instead try to leverage IV's large membership for a common good, which is what has made IV successful so far.
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ItIsNotFunny
10-30 11:38 AM
Guys,
This is one of the most critical issue we are facing today. The activity has proper plan defined as endorsed by IV.
Please don't think that AC21 is not for you. In current market anything can happen to job anytime. Please do participate in the activity and help the group resolving the issue with USCIS in right way.
Sending mails is first step and has to be done successfully before second step could be taken.
Sent my mails.
This is one of the most critical issue we are facing today. The activity has proper plan defined as endorsed by IV.
Please don't think that AC21 is not for you. In current market anything can happen to job anytime. Please do participate in the activity and help the group resolving the issue with USCIS in right way.
Sending mails is first step and has to be done successfully before second step could be taken.
Sent my mails.
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ns521
01-26 02:50 AM
Well even if you use AP, you need a passport, dont you? And the passport must be with the Consulate pending stamping. So one way to get the passport back is to withdraw the visa application.
A question though: is'nt it abandoning your H1B1 visa tenure if you enter on AP even with a valid H1B remaining?
I don't know if procedures are different in the consulates..In my country you apply for H1B visa ,they interview you and tell you that you will be granted a visa so we will call you when stamp is ready...you take your paaport and yoiu go home and whenever they call you for stamping you bring your passport and stamp it the same day...Are procedures different these days?
A question though: is'nt it abandoning your H1B1 visa tenure if you enter on AP even with a valid H1B remaining?
I don't know if procedures are different in the consulates..In my country you apply for H1B visa ,they interview you and tell you that you will be granted a visa so we will call you when stamp is ready...you take your paaport and yoiu go home and whenever they call you for stamping you bring your passport and stamp it the same day...Are procedures different these days?
BharatPremi
03-25 04:09 PM
Here is the text that is in the I-9 Form:
"Anti-Discrimination Notice. It is illegal to discriminate against any individual (other than an alien not authorized to work in the U.S.) in hiring, discharging, or recruiting or referring for a fee because of that individual's national origin or citizenship status. It is illegal to discriminate against work eligible individuals. Employers CANNOT specify which document(s) they will accept from an employee. The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination."
Yes, This comes into picture once company decides to hire. Now hiring is teh last process and beofre that you get grilled in multiple interviews. Employer is tsill at liberty not to interview EAD holder. If you are not interviewed, hiring would not come into picture and hence this text of law in I-9 form is worthless for you for that position. This I-9 text will only cover the situation for the period after hiring not before hiring.
"Anti-Discrimination Notice. It is illegal to discriminate against any individual (other than an alien not authorized to work in the U.S.) in hiring, discharging, or recruiting or referring for a fee because of that individual's national origin or citizenship status. It is illegal to discriminate against work eligible individuals. Employers CANNOT specify which document(s) they will accept from an employee. The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination."
Yes, This comes into picture once company decides to hire. Now hiring is teh last process and beofre that you get grilled in multiple interviews. Employer is tsill at liberty not to interview EAD holder. If you are not interviewed, hiring would not come into picture and hence this text of law in I-9 form is worthless for you for that position. This I-9 text will only cover the situation for the period after hiring not before hiring.
DallasBlue
08-12 02:44 PM
http://www.ailf.org/lac/clearinghouse_mandamus.shtml
Plaintiffs' Arguments
Plaintiffs have responded to USCIS with legal arguments summarized below. The case citations provide recent examples of cases where the courts have agreed with plaintiffs' arguments. For further discussion of the elements of a successful mandamus complaint, see AILF's Practice Advisory, "Mandamus Actions: Avoiding Dismissal and Proving the Case."
1) Plaintiffs have a clear right to have their adjustment applications and visa petitions adjudicated in a timely manner.
Plaintiffs maintain that the right to adjudication is derived from USCIS's mandatory duty to process the applications and the fact that plaintiffs are the intended beneficiaries of the applications. See 8 C.F.R. 245.2(a)(5)(i) (providing that the "applicant shall be notified of the decision of the director and, if the application is denied, the reasons for the denial"); Haidari v. Frazier, No. 06-3215, 2006 U.S. Dist. LEXIS 89177, *10 (D. Minn. 2006) (holding that 8 C.F.R. � 209.2 creates a nondiscretionary duty to adjudicate adjustment applications).
The plaintiffs' right to a timely adjudication, though not explicit in the regulation, is present in section 555(b) of the Administrative Procedure Act, which requires that "with due regard for the convenience and necessity of the parties or their representatives and within a reasonable time, each agency shall proceed to conclude a matter presented to it." See Haidari, 2006 U.S. Dist. LEXIS 89177 at *11. To determine if a delay is unreasonable, courts examine the reasons for delay. For example, they look to whether USCIS asked for the FBI name check in a timely manner and whether USCIS failed to timely process the applications before requesting the name check and after receiving the information from the FBI. See Haidari, 2006 U.S. Dist. LEXIS 89177 at *16-17; Singh v. Still, No. 06-2458, 2007 U.S. Dist. LEXIS 16334, *13-14 (N.D. Cal. 2007) (reasoning that respondents failed to explain why it took two-and-a-half years to initiate a security check with the FBI, why no action was taken to follow up with the FBI until the mandamus suit was filed, and why it took so long to process plaintiff's initial fingerprints); Aboushaban v. Mueller, No. 06-1280, 2006 U.S. Dist. LEXIS 81076, *14 (N.D. Cal. 2006) ("[t]he FBI's delay in processing plaintiff's name check remains largely unexplained, and the remainder of defendants' arguments do not adequately excuse the delays plaintiff encountered.").
2) USCIS has a nondiscretionary duty to process applications and petitions.
USCIS has the discretion to grant or deny the application, but this does not bear on the nondiscretionary duty to make a decision on the application or petition. See Razaq v. Poulos, No. 06-2461, 2007 U.S. Dist. LEXIS 770, *9-10 (N.D. Cal. 2007) (reasoning that the fact that there is no specific deadline in the statute or regulation does not change the ministerial duty to process the application). In addition, INA � 242(a)(2)(B)(ii), 8 U.S.C. �1252(a)(2)(B)(ii), does not strip the court of jurisdiction to hear mandamus actions because no "decision or action" has taken place within the meaning of the statutory language. See Haidari, No. 06-3215, 2006 U.S. Dist. LEXIS 89177 at *13-14 (D. Minn. 2006) (reasoning that because plaintiffs have neither been denied nor granted relief, � 242(a)(2)(B) does not bar jurisdiction); Li Duan v. Zamberry, No. 06-1351, 2007 U.S. Dist. LEXIS 12697, *6-7 (W.D. Pa. 2007) (finding that INA � 242(a)(2)(B) does not apply because the pace of the adjudication of applications is not the type of discretionary "action" contemplated by the statute). For more information and earlier case law addressing discretionary decisions after the REAL ID Act please see AILF Practice Advisory, "Federal Court Jurisdiction Over Discretionary Decisions After REAL ID: Mandamus, Other Affirmative Suits and Petitions for Review."
3) There is no other remedy available to plaintiffs.
Plaintiffs also have argued that waiting for security checks to be completed is not an adequate remedy. The fact that plaintiffs are waiting is the exact harm plaintiffs are seeking to remedy. See Singh, No. 06-2458, 2007 U.S. Dist. LEXIS 16334 at *23-24 (N.D. Cal. 2007) ("waiting for an agency to act cannot logically be an adequate alternative to an order compelling the agency to act. . .") (citations omitted); Haidari, No. 06-3215, 2006 U.S. Dist. LEXIS 89177 at *15 (D. Minn. 2006) (reasoning that waiting is not an adequate remedy because the question is whether plaintiffs have an adequate alternative remedy to the waiting itself).
Plaintiffs' Arguments
Plaintiffs have responded to USCIS with legal arguments summarized below. The case citations provide recent examples of cases where the courts have agreed with plaintiffs' arguments. For further discussion of the elements of a successful mandamus complaint, see AILF's Practice Advisory, "Mandamus Actions: Avoiding Dismissal and Proving the Case."
1) Plaintiffs have a clear right to have their adjustment applications and visa petitions adjudicated in a timely manner.
Plaintiffs maintain that the right to adjudication is derived from USCIS's mandatory duty to process the applications and the fact that plaintiffs are the intended beneficiaries of the applications. See 8 C.F.R. 245.2(a)(5)(i) (providing that the "applicant shall be notified of the decision of the director and, if the application is denied, the reasons for the denial"); Haidari v. Frazier, No. 06-3215, 2006 U.S. Dist. LEXIS 89177, *10 (D. Minn. 2006) (holding that 8 C.F.R. � 209.2 creates a nondiscretionary duty to adjudicate adjustment applications).
The plaintiffs' right to a timely adjudication, though not explicit in the regulation, is present in section 555(b) of the Administrative Procedure Act, which requires that "with due regard for the convenience and necessity of the parties or their representatives and within a reasonable time, each agency shall proceed to conclude a matter presented to it." See Haidari, 2006 U.S. Dist. LEXIS 89177 at *11. To determine if a delay is unreasonable, courts examine the reasons for delay. For example, they look to whether USCIS asked for the FBI name check in a timely manner and whether USCIS failed to timely process the applications before requesting the name check and after receiving the information from the FBI. See Haidari, 2006 U.S. Dist. LEXIS 89177 at *16-17; Singh v. Still, No. 06-2458, 2007 U.S. Dist. LEXIS 16334, *13-14 (N.D. Cal. 2007) (reasoning that respondents failed to explain why it took two-and-a-half years to initiate a security check with the FBI, why no action was taken to follow up with the FBI until the mandamus suit was filed, and why it took so long to process plaintiff's initial fingerprints); Aboushaban v. Mueller, No. 06-1280, 2006 U.S. Dist. LEXIS 81076, *14 (N.D. Cal. 2006) ("[t]he FBI's delay in processing plaintiff's name check remains largely unexplained, and the remainder of defendants' arguments do not adequately excuse the delays plaintiff encountered.").
2) USCIS has a nondiscretionary duty to process applications and petitions.
USCIS has the discretion to grant or deny the application, but this does not bear on the nondiscretionary duty to make a decision on the application or petition. See Razaq v. Poulos, No. 06-2461, 2007 U.S. Dist. LEXIS 770, *9-10 (N.D. Cal. 2007) (reasoning that the fact that there is no specific deadline in the statute or regulation does not change the ministerial duty to process the application). In addition, INA � 242(a)(2)(B)(ii), 8 U.S.C. �1252(a)(2)(B)(ii), does not strip the court of jurisdiction to hear mandamus actions because no "decision or action" has taken place within the meaning of the statutory language. See Haidari, No. 06-3215, 2006 U.S. Dist. LEXIS 89177 at *13-14 (D. Minn. 2006) (reasoning that because plaintiffs have neither been denied nor granted relief, � 242(a)(2)(B) does not bar jurisdiction); Li Duan v. Zamberry, No. 06-1351, 2007 U.S. Dist. LEXIS 12697, *6-7 (W.D. Pa. 2007) (finding that INA � 242(a)(2)(B) does not apply because the pace of the adjudication of applications is not the type of discretionary "action" contemplated by the statute). For more information and earlier case law addressing discretionary decisions after the REAL ID Act please see AILF Practice Advisory, "Federal Court Jurisdiction Over Discretionary Decisions After REAL ID: Mandamus, Other Affirmative Suits and Petitions for Review."
3) There is no other remedy available to plaintiffs.
Plaintiffs also have argued that waiting for security checks to be completed is not an adequate remedy. The fact that plaintiffs are waiting is the exact harm plaintiffs are seeking to remedy. See Singh, No. 06-2458, 2007 U.S. Dist. LEXIS 16334 at *23-24 (N.D. Cal. 2007) ("waiting for an agency to act cannot logically be an adequate alternative to an order compelling the agency to act. . .") (citations omitted); Haidari, No. 06-3215, 2006 U.S. Dist. LEXIS 89177 at *15 (D. Minn. 2006) (reasoning that waiting is not an adequate remedy because the question is whether plaintiffs have an adequate alternative remedy to the waiting itself).
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