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Tuesday, July 5, 2011

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  • bajjuri77
    03-31 10:51 PM
    Does it needs subscription or just one time donation? I have donated one time. But it still not working for me too.





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  • Libra
    01-11 10:25 AM
    bump





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  • feedfront
    09-12 11:35 PM
    On Friday, I got SMS from USCIS that my case is updated and I should check status online. I checked my email. I was happy :) to see an email from USCIS and opened it excitedly with butterfly in stomach. Well it said..

    "Your Case Status: Request for Evidence

    On September 10, 2010, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires...........
    "

    Looks like I have to wait more :D





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  • anilsal
    06-21 02:05 PM
    Got "No" from lawyers from both sides.



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  • abhijitp
    07-09 08:34 PM
    Why is everybody so happy? He has just briefly and curtly informed in the message that flowers will be forwarded. They won't be sitting on my desk and embarrasing me. There is no acknowledgement of the issue or any empathy or compassion with the sufferers. Now even the press coverage will make USCIS director look good. I don't see what's the positive development here.

    They probably tried to pass the irritant to someone else. If USCIS continues receiving flowers, and therefore passing them on, one day even the soldiers will say "No thanks!". Then they will pass them on to someone else. But for how long?

    I think this campaign will NOT lose its effect-- as long as we are persistent. Ideally, we should continue sending flowers at least so long as it does not become a MUCH talked about issue in the print and radio and TV media. My humble opinion.





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  • sayantan76
    01-24 08:56 PM
    Indians do not need a visa to go to Hong Kong also and these days Singapore for those in transit (upto 96 hrs).
    dont forget nepal and bhutan



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  • FinalGC
    08-18 09:32 AM
    Congrads!
    So when children reach 14 years of age they have to do fingerprinting?

    I think it is around 13 or 14...if they are under that, USCIS only takes a thumb print





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  • chanduv23
    03-25 02:35 PM
    Mark's previous suggestion works fine in such scenarios. Do not mention the word "EAD" before hand.Do not mention H1 even. Do not try to even discuss EAD/H1 etc... As long as requirement allows Green card and where ever it is required for you to mention work status, jot down " Elligible to work for any US employer in USA". That would work. After interview, if they select submit EAD as a proof. At that moment they will not be able to deny that as a work status proof.

    Note: Other thing I experienced is using the word "Work Permit" in place
    of "EAD" makes things easy for everybody.

    Right, we must avoid the word as much as possible. But then a lot of reqruiters and HRs now seem to educate themselves about the whole EAD thing and seem to be absolutely fine with the EAD.



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  • SunnySurya
    08-07 02:35 PM
    The question is how would you identify which jobs are genuine and which are not. In addition, the question the porting comes at I-485 stage.
    So in other words there could very well be job out there and you won't know till its I-140 is approved if it is for porting reasons.
    Also, a good/established company may most likely will not file a new labor and I-140 for a person because it an unncessary expenditure for them.
    So guess who are the people who are most benefitted by this...

    Ok. I am finally beginning to see your point. If the objective of your exercise is to eliminate alleged non-genuine EB2 jobs, that really don't exist, but are simply advertised just for the sake of porting by unscrupulous companies who stand to gain money by this, then you certainly are making a valid point.

    But I still do not understand how a lawsuit will help? Was the labor-sub elimination the result of a lawsuit? Also, I would be concerned about lots of other valid/genuine companies who really have jobs for BS + 5 years experience ...?





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  • GCBy3000
    11-26 07:29 PM
    people who try to make quick money in couple of years by investing in house is ............... It is better to go and try it out in Las Vegas how lucky you are in making money instead of trying it out in real estate market with the span of 1-2 years in mind.

    Even if someone wants to make quick money, here are the few tips. Also these tips are tips and not guidelines.

    0. Know your limits. If you earn 100K, your buying power by thumb rule is 300K. So on saferside start searching with the range of 250K-260K. VERY IMPORTANT RULE.

    1. Check the rental cost where you live. Example if 2br apt is 1200, then try to limit your mortgage, taxes etc within 1500 assuming you buy at least 3br house.

    2. Reverse calulate the down paymet you have to put by subsituting your monthly payment ( apartment rental cost in your area + house tax + $300). Calculate the % of down payment from the above formula.

    If the down payment comes to 10-15%, then it is worth buying than renting in your area. If the down payment is above that, then try to meet it. In worst case put 20-30% down payment to keep your mortgage payment lower.

    Again, the above information is based on my house search and analysis. Others might have different opinion. Please take it if it is worth for you otherwise just ignore it.



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  • apnair2002
    01-24 07:56 PM
    This is not good news. We dont know what happens in the next few weeks. Immigration is not a very high priority for everybody. The closer we go to elections the more the chances for other issues to creep into schedule. I hope they will atleast attach unused VISA numbers to some bill and tackle the immigration beast when they intend to.
    --MC

    01/24/2006: AILA Reports Push-Back of Senate Comprehensive Immigration Reform Debate Schedules

    AILA reported last week that the Senate Judiciary Committee could start immigration reform debates as early as February 2, but now it reports that the Senate Committee action on immigration legislation may be pushed back until later in February or perhaps into March.
    There are a few immigration portals in the community that monitor and share opinions and news on the comprehensive immigration reform legislation. The following three sites are particularly helpful: www.immigrationvoice.org, www.isnamerica.org, www.immigrationportal.com.
    We will post the summary of the pending comprehensive immigration bills shortly. Please stay tuned





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  • gg_ny
    01-24 12:37 PM
    Lufthansa is another option for no transit visa, cheaper ticket than NW, Emirates or Singapore airlnies, little bit security check at Frankfurt when returning .....

    with emirates, there is a route via dubai (no torture) and one via hamburg + Dubai. I traveled via the second one twice on emergencies. you are ushered in a square box of a building with barbed wires and armed (fully armed and body armored, hand gunned, you-mongrel-looking) guards. There is even a special
    barbed wire line for 'special immigrant' (read asylum or illegal migrants) inside though i have not seen it used. then comes double wammy security checks (show-me-your-baby'smilk-is-edible type). There is one bathroom for each gender that has useless (over 10 months)faucets and one bar (no shop for food). the layover reminded me of concentration camps. But it was still better than $274 ;-)



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  • beppenyc
    02-02 04:39 PM
    Any comment? It is a very interesting article, it look like an advice from the WSJ to the repubblican party : do not get dirty with the Immigration, becasue US citizens does not cares. I agree with that. The unemployment rate is very low, and the Agricolture business is based with the immigration labor, the same with trucking, storage and do not talk about resturant and cleaning business.





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  • theonlyron
    01-05 05:49 AM
    Appt. date: Dec 20th, 2007
    Received the PP by express mail on Dec 21st, 2007
    Mumbai Consulate did not interview husband and myself. An Indian gentleman called us to the counter and told us that the VO had approved our H1B renewals and that we would receive the PP by courier the following day.



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  • peer123
    05-23 05:42 PM
    Hi,
    Is there investigation that USCIS does in India before approving the 485?
    I heard from one of my friend.....





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  • chanduv23
    11-18 04:22 PM
    Chandu, what if a person has used only 4 out of total 6 years of H1 period. Still it needs stamping?

    Yes, unless your h1b comes with a i 94 extension - you have to get it stamped as per my understanding. Only h1b transfers come with i 94 extensions attached. Gurus can correct me if I am wrong



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  • knacath
    09-23 06:57 PM
    The total number of applications excluding EB2, EB3 are 7,653.
    The total visa's per annum -> 140,000
    Considering that there would be more applications during the year from non-retrogressed countries/categories ..it is evident now that there won't be more than 5K such applications. On pessimistic side even if we consider 10K such applications, The visas available for retrogressed EB2 and EB3 should be around 120K this year.
    Total pending EB2 is 74,932. So EB2 should be Current for all countries this year.
    EB3 should get around 40K visas this year.

    Any one disagrees?


    I thought each EB category could get upto 28.6% of 140000 = 40000 visas every fiscal year. So if EB1 uses up 5000 and EB2 takes the remaining 35000 and its annual allotment of 40000, EB3 does not get any spillover.

    Thoughts?





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  • pappu
    11-22 07:50 PM
    http://www.bibdaily.com/pdfs/Tao%2011-7-07.pdf

    Plaintiff suggests that the fact that her application
    has been pending for nearly three years is patently
    unreasonable. She argues that Congress intended
    applications to be adjudicated within 180 days. See 8
    U.S.C. � 1571(b) ("It is the sense of Congress that the
    processing of an immigration benefit application should
    be completed not later than 180 days after the initial
    filing of the application . . .."). That [*10] 180-day
    timetable may provide some guidance here, although the
    "sense of Congress" expressed in INA Section 1571(b)
    does not necessarily carry the force of law. See Yang v.
    California Dep't of Social Servs., 183 F.3d 953, 958-59
    (9th Cir. 1999).
    Defendants argue that there is no statutory deadline
    by which applications must be adjudicated and that, in
    any event, the "first-in, first-out" protocol must be given
    deference. True, Congress has not established a
    mandatory timeframe for the USCIS to adjudicate
    applications. Moreover, "'[t]he passage of time alone is
    rarely enough to justify a court's intervention in the
    administrative process, especially since administrative
    efficiency is not a subject particularly suited to judicial
    evaluation.'" Yu, 36 F. Supp.2d at 934 (quoting Singh v.
    Ilchert, 784 F. Supp. 759, 764-65 (N.D. Cal. 1992)).
    However, the court also recognizes that there is no
    precise formula for determining whether there has been
    an unreasonable delay. Instead, "[w]hat constitutes an
    unreasonable delay in the context of immigration
    applications depends to a great extent on the facts of the
    particular case." Id.





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  • gcseeker02
    05-22 12:22 PM
    Hi!

    My name on the birth certificate is "girl". What should I do correct it. I was reading on the forums, that we can get a written statement saying that the name was not decided when I was born. And submit that along with high school mark sheets etc. Are there any other things that could rectify this error.





    BharatPremi
    03-26 03:59 PM
    I appreciate your point of view and bringing forth the practical reality in this situation. However, your attitude and tone, which seems to suggest that this is a lost cause and a helpless situation, is somewhat discouraging.

    Nobody is suggesting that you drop your job search, drop everything, and file a law suit. What do you do? You go and find a job elsewhere, of course. You are right, the reality is that employers may ask you questions about your visa/immigration status. But there is a better way to handle such situations. Mark had posted some great tips on that. Even after all that, you may end up in a situation such as yours - where you mentioned that 5 employers told you that they will not hire somebody on EAD. You can remain quiet about it and go about your life, or you can do something about it. Its up to you.

    Think about the visa delays, retrogression, etc. You could have stayed quiet and let the lawmakers, employers and the government deal with it or you could have done something about it. There is nothing "illegal" that the government is doing by making you wait years for a green card. But you did not sit quiet about it, did you? You joined the cause of IV, you wrote letters to the President, right?

    Employers have the right to make a policy or a hiring decision that they want a person with certain skill set or experience, etc. They can find a tons of reasons not to interview or hire somebody. But race, gender, immigration status, etc. CANNOT be one of the reasons or criteria. This is my understanding of the law. I believe it is written in simple English that an employer CANNOT discriminate or make hiring decisions based on immigration status unless mandated by the job requirement (such as security clearance).

    You are blindly assuming that whatever the employers are doing is within legal bounds, without questioning, even when the documents (see I-9 form, or DOL's web site for example) clearly state that such practices are illegal. (I am not a lawyer, this is my understanding of the law.) All I am saying is that if I were in this situation (denied on EAD), I would write to the heads of HR, ask a lawyer if this constitutes discrimination, call the OSC hot line, ask in the forums for employment law, contact ACLU or other civil rights groups. Heck, I am not affected by this (yet), and I still did some of the above because I have the urge to find out if this is indeed discrimination as viewed by the law and if so, do something about it. You don't need written evidence for any of these.

    You still did not get it. Without evidence of discrimination it would be difficult to fight against... Forget this for a moment, in any law based battle you have to have a evidence. It is not that I do not want to fight or somebody do not want to fight. How could you make the base for fighting? This other guy, with his sheer luck (And with Capital One's stupidity) could get written evidence and so he has a valid base to fight against. And without evidence, whatever you write to whomsoever authirities, it would just be a blabbering. Even as one platform if IV decides to fight against this, IV team (Or lawyers whom we appoint) will ask the evidence first to make the case. Other thing, do not forget, what we could achieve in July 2007, the base was definately a first screw up from USCIS ( That is an evidence...). Once that screw up happened we could right away make it a reference and could make it a battle point.. Do you still understand or you do not want to understand?





    alterego
    06-15 02:32 PM
    Hi,

    My wife and kid are outside india. Can i file for 485 and include them...Do they have to be in india for that. Also can i file for my wife's ead


    NO They have to be in the US for AOS filing.



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