Friday, July 15, 2011

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  • sayantan76
    07-02 09:38 AM
    last time i posted this idea everyone ridiculed.

    Well we desis can only follow the lead of firingis.. so firingis say that who the f*** asked you to come here in the first place and we understand their logic and tell ourselves who the f*** asked us to be here in the first place .. so we are to blame ourselves for everything and take the crap anyway..

    But that is not the point.

    The point is that me and my company and you and your organisation have paid a service fee with a reasonable expectation of service. reasonable expectation of service is subject to interpretetion based on common sense and no f**king common sense says that waiting 10 years for GC is reasonable .. unless your common sense has been replaced by self disrepecting logic ....
    i am not a lawyer but i think that when you pay a processing fees to apply for a privilege (drivers license, business permit, visa, green card etc) from the appropriate statutory authority (DMV, USCIS, Dept of Commerce etc) - the payment of fees does not make you the customer of the statutory authority - so to the extent that USCIS has not broken a law to discriminate against a particular set of applicants (class) - a class action may indeed have no merit.

    However, if it can be proved that there has indeed been gross negligence or that USCIS has not followed its own established procedures, made commitments but not honored those, lied or broken the law of the land - then there may be a case.......

    another angle is that if the law itself violates the constitution - there is a separate procedure to appeal against such a law (like may suits going on in state courts on laws related to gay rights) - however USCIS would not be party to such a lawsuit since USCIS does not make laws. one would need not only a good immigration lawyer but also a constitutional expert for a venture like this.





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  • ivslave
    09-15 05:48 PM
    Now that you have seen 'good' results, what have you decided? Buy or Rent?

    it.... already reserved books on home buying from library......... started data accumulation in spreadsheet.....





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  • for_gc
    06-23 04:27 PM
    I DID NOT pay the huge fee.

    I think they had given a waiver till August 21 or so for the July fiasco filers.

    Do you think I still not have to pay or should I pay the fee ?





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  • gconmymind
    08-27 03:11 PM
    Per my attorney and several forums i researched a second FP Is generally sent when your case is about ready to be approved and normally a good sign as they can approve GC and ask for FP after that before sending you cards. However in one forum i found someone posted a DHS release from 2007 describing the FP data is switched to digital storage in a system called BSS and will remain valid for 75 years, thus one theory says that if your first FP was done digitally you may not need second FO and IO can access the results of first FP and approve. But who knows what is true, all of these are speculations.
    I have not got second FP notice either and my first and only FP happened in Nov 2007.
    I got a 2nd FP notice for 485. I will be current next month. I also applied for AP last month, which got approved yesterday. Not sure if AP application triggerred the FP notice or if there is a chance I can get approved next month??



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  • mrajatish
    05-12 09:38 AM
    You just hit the nail hard on its head -

    1. yes, our employers pay big bucks to keep us employed and guess what, that will pay for the USCIS work force to legalize the undocumented workers. Isn't it good to have 300,000 people paying 2000 dollars each every year to extend H1 - such a nice revenue stream, and a great business idea. Guess how many Ameican jobs it creates?

    2. Oh btw, you keep paying SSN and Medicare like other educated workers and then if you are unlucky which a sizeable percentage is, you do not get a dime back. I hear a lot of SS going bankrupt etc., but hey, even in the worst case scenario, they talk about reducing SS, not abandoning it. So, you subsidize the older Americans but no one susidizes you when you are old.

    I think some politicians actually like our problem, we will always do things legally and it is easy to screw us as we are documented - they know who we are. Some employers (not all) like it because it i a great way to tether someone for eternity in a particular job. It is a win-win situation for these politicians and employers.

    But then there are other politicians who think of the long terms effects of taking advantage of legal immigrants, and they try to help our cause. And other employers who get scared that the best ad brightest will realize they have better opportunities else where and leave.

    Let us see which camp wins.





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  • anilsal
    01-01 11:19 AM
    refers to the same superior being for the 3 religions (Christianity, Islam and Judaism). So "God" and "Allah" are the same.

    Hindus refer to everything in the world as a representation of the supreme being. So they see the supreme being in everything. There is nothing wrong in workshiping the goodness of nature.

    For some, "parents are gods", "guest is like god" etc. The main point is to accept everything the world has to offer. :)

    A man without spirituality is like a rudderless boat. ;)



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  • indianindian2006
    10-01 06:57 PM
    If you want OCI, there are a few hoops to jump through -

    1. Apply for an Indian passport first.

    2. Once the Indian passport is issued, apply for the US passport.

    3. Return the Indian passport after the US passport is issued. The consulate should return the Indian passport back to you, but keep a photocopy in case they don't.

    4. Now you can apply for OCI on the grounds that your son once held an Indian passport.

    Did you try the same.





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  • jsb
    03-19 03:32 PM
    We could not even pool $10K for FOIA. For lobbying, one needs lots and lots of money in the range of 100K -200K. What can IV do? Can you explain what you mean by "something'? if all of us EB3's can pool 100K, then we can request IV to do "SOMETHING". Hope every one understands this.

    How is anybody sure that by spending 5K or 10K, you will get what you are looking for? Just because somebody quoted 5K fee for such an information (which may be their standard response to such custom information extraction requests), it does not mean it can be readily found. If it were that easy, USCIS/DOS would be using it. The fact remains that PD related information does not exist other than in physical paper applications/files related with LC, I-140 and I-485. There is nothing on the system based on PD's. Don't we see it in guesswork used for advancing and retrogressing PD's. Note that for most immigration applcations PD's do not play any role. Only when at adjudication time, birth country is noted to be India/China, the officer has to check PD with respect to current cutoff dates. Systems are not designed for handling any processings based on PD's, so quick access to such information is not available - with a fee or without a fee



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  • garybanz
    12-07 08:09 AM
    I have already waited 90 days, my RD is July 02, ND is July 27.

    Then IMHO you should give USCIS a visit.





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  • EkAurAaya
    05-14 05:20 PM
    Can someone please advice pros and cons, keeping in mind the forward movement of priority dates could be just for the month of June!

    My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?

    Also what are the wait times for CP in Mumbai India?

    Thanks!

    May we all get outa this mess :cool: and move on with life!
    =======================
    COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING


    The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.

    I. TIME
    Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.

    II. CONSULATE NOTIFICATION
    The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.


    From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.


    There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.

    III. 180 DAY PORTABILITY RULE
    Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.

    IV. LOCAL ISSUES
    Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.


    In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.


    In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.


    In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.

    V. COSTS
    Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.


    Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.

    VI. RISKS
    The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.


    Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.


    Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.


    Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.


    Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.

    VII. EMPLOYMENT FOR SPOUSES
    Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.

    VIII. CONCLUSION
    In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.



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  • terriblething
    06-12 01:28 PM
    Some correction. 2 witness, one is a neighbour in another building. We live in 3rd floor, that woman live in 3rd floor on another building, there is one driveway between 2 building! Another witness is from leasing office staff, she claimed just near that area. That "help" is from that damn staff.

    We only move to this apartment in 2 ~3 month, and both of us biz traveled lot, so don't think we bother neighbor much. And one of neighbor knew our miserable experience, he and his wife said would volunteer to support us in court if necessary.

    Thanks!!!!!

    YOu are right, it would be "STATE" Vs terriblething. I wonder, why the neighbour gave "false" statement of hearing "help!...."?

    Terriblething, looks like you were not in good terms with your neighbours or must have pissed them off in one way or other.

    GCCovet





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  • gc_lover
    06-28 02:29 PM
    my attorney said i need to wait for 140 receipt to file 485
    is that true?



    i need big help with my 140 filed in Premium Processing
    and i did not get my receipt to file 485
    applied it on Jun 20 2007 (this month)
    any way i can get some copy of the receipt to file 485?

    No you don't. You can file without 140 receipt, atleast that's what my lawyer told me. Anyways, mine is concurrent filing.



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  • bottlemani
    11-02 09:02 AM
    I got my license renewed till 2013. No issues at all. I am on EAD.
    I love NY!





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  • srinivas_o
    07-09 12:34 PM
    I do have the Employer and Attorney details. I searched based on that. Reg, case number, which case number we have to use, the backlog center number or any other number? I do have a copy of the approval letter received from backlog center.

    Let me know what else I can do?

    How are you trying to locate your record? Do you have your case number handy? Employer details, priority date - all that helped me find mine (rather helped me narrow it down).



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  • dontcareanymore
    03-18 04:46 AM
    You may have trouble entering the country. There was an article on this very subject on murthy.com . You may search for the article with the key word.

    From what I remember from that article, misdemeanors are not considered as inadmissibility, but the catch is, if the crime is a "felony" but ruled "misdemeanor" that could be treated as ground for inadmissibility. The shop lifting was given as an example of such case. I don't mean to scare you , but re-entry may not be your only issue, I think I485 approval may also be an issue.

    I am sure I must have missed some thing in paraphrasing and recollecting the article, but you could search for the original article.

    Goodluck.

    Disclaimer : I am not a lawyer. This is just my opinion based on my recollection of reading some thing online on a general topic. You are probably better off discussing your specific case with a qualified attorney.




    Gurus,
    Need your valuable advice on this serious issue. Involved in shoplifting case, got arrested and plead guilty. Served the community service, and paid fine. Got the �Court Disposition Document� which states that I am all clear. My status is I-485 pending and have EAD, AP documents.
    1. Is it safe to travel to India and come back on AP?
    2. What are the possible chances that visa officer may not let me into the USA?
    3. Do I need to carry any letters from my criminal attorney explaining the situation?
    4. Any one in similar situation, please update me on this?
    5. Please list of documents I need to carry during my travel

    Please reply and post your valuable opinions/suggestions/advices.

    Appreciate all your inputs.

    Have a nice day!!!

    Thank you,
    Sahaayam.





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  • GCmuddu_H1BVaddu
    03-11 11:31 AM
    let us start May 2009 predictions.

    EB3-I 2003 October



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  • purgan
    08-18 03:13 PM
    After calling US born children of illegal immigrants as "anchor babies", and family immigration as "chain migration", our friends at the anti-immigrant NumbersUSA have a new term for skilled immigrants, you guessed it "anchor immigrant".

    They are again using their scare tactics to influence congress to drop its support for HR 5882.

    Calling all EB3 guys, Eb2 IND guys with PD after Aug 06, and others with PD retrogressed, its in your sef-interest to call your members of congress to seek their support for this legislation, and to contribute to IV. There will be no relief for a while if this fails.


    -=====

    NUMBERSUSA,
    ROy Beck
    Aug 18, 2008
    IT TAKES A VILLAGE -- Chain Migration Puts Nearly Everybody In Line To Overwhelm U.S. Communities


    By Roy Beck, Monday, August 18, 2008, 12:50 AM

    As soon as we take a single skilled immigrant from a developing nation, around 17 different families may be put in line to follow because of our reckless Chain Migration policies.

    Our immigration policies literally "take a village" every time a new Anchor Immigrant is admitted to this country.

    Fortunately, our immigration policies do have a few boundaries and delays that keep the whole village from entering our U.S. communities immediately. But every one of the members of those 17 families begins to consider future immigration to the U.S. as an entitlement. And because of that, millions don't wait for their turn, instead settling in the U.S. illegally to wait for the greencard that they believe is rightfully theirs.

    THE 'ANCHOR IMMIGRANT'
    Our U.S. population is exploding -- consigning more and more of us to heavily congested, heavily regulated lives -- because of high immigration numbers, which have snowballed because Congress insists on continuing Chain Migration.

    Because of Chain Migration, every immigrant we allow into the country because he/she brings a special skill, education or experience becomes an Anchor Immigrant.

    That is, if officials determine that an employer can't find an American to fill a job and allow the importation of a foreign worker, that worker becomes an anchor in the U.S. for vast numbers of other people from his/her home country.

    One problem for the United States is that only the Anchor Immigrant is supposed to be picked on the basis of serving the national interest.

    All the other immigrants attached to that Anchor through Chain Migration get to come without any regard whatsoever to their education, skill or humanitarian need.

    ONE ANCHOR CONNECTS TO 17 FAMILIES
    My "17-Family Chain-Migration Village" example is not close to the worst possible scenario but it is a nightmare that is not uncommon.

    Here's the scenario:

    Consider a typical Anchor Immigrant who comes from a developing nation and has three adult siblings. All of them come from one family. As soon as the Anchor Immigrant is accepted, all those siblings know that the Anchor Immigrant can put them in line for immigration once he/she becomes a U.S. citizen. Mentally, that one whole family is now in line to come to America.
    But there are many more families who mentally get in line, too. The Anchor's spouse, plus each of those three siblings' spouses will be eligible. That makes five families now in line (the original plus the families of the four spouses).
    In every one of those families are their own siblings, minor children, parents, etc. This is getting to be quite a crowd of people who suddenly see their future as possibly being in the U.S. That makes five families involved now (the original and the four spouses' families).
    Now, consider the siblings of those four spouses. That would be 3 siblings multiplied by the 4 spouses, equalling 12 more adults, all of whom potentially have their own spouses! Potentially, each of those 12 spouses of the siblings of the spouses of the Anchor's siblings is from a different family.
    Now, you have those 12 families, plus the Anchor's family, plus the families of the four spouses of the three siblings of the Anchor. That potentially adds up to 17 families that immediately can know that they are in a chain that eventually can have a chance to immigrate to America. And all of that happens the minute our government decides to give a permanent work permit to a single foreign worker.
    An Anchor Immigrant immediately creates chains of expectation into possibly 17 different families.

    You can imagine how a village or urban neighborhood can quickly have most of its residents seeing that their future is in the United States. Not only does this build huge pressures for more migration and more population growth in the U.S. but it saps whole villages and neighborhoods of the will for self-improvement.

    Why will people pour themselves into bettering their own communities when they believe their future lies living in America? And, of course, the chain migration does not end with those 17 families. Our rules are set up so that every Chain Immigrant also becomes an Anchor Immigrant, making it possible for every relative to get in line to come to the U.S.

    The only solution is to end the Chain Migration categories entirely. (See our pages on the legislative solutions.) That means limiting each Anchor Immigrant to bringing a spouse and minor children. No adult children, siblings or parents.

    The Anchor Immigrant can easily visit his/her relatives annually (or more often) and can be in constant communication by phone, internet and postal mail. Chain categories must be ended if we are to avoid the nightmare of 439 million U.S. population in 2050 as projected by the Census Bureau.

    CONGRESS THREATENING TO ADD 550,000 MORE 'ANCHOR IMMIGRANTS' NEXT YEAR

    Sen. Menendez of New Jersey is blocking the re-authorization of E-Verify (to keep illegal aliens out of jobs) until Congress agrees to add 550,000 additional Anchor Immigrants next year.

    At the moment, the leadership of both Senate and House are seriously considering trying to pass the 550,000 increase in Anchor Immigrants.

    Powerful media like the Los Angeles Times and New York Times are lobbying hard for more Anchor Immigrants.

    Unless the American people themselves become fully aware of the dangers of Chain Migration and the concept of the "17-Family Chain-Migration Village," the Big Business and Big Media lobbyists are likely to multiply the chain migration nightmare many times again.

    Make sure you have gone to your NumbersUSA Action Buffet and sent all your free faxes to push your Members of Congress to stop Sen. Menendez and to eliminate Chain Migration.





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  • WeShallOvercome
    11-07 05:27 PM
    Thanks but were you able to trade in Indian shares using that account after you came to USA ? I heard it's illegal to trade using the normal demat account in you are NRI from USA.

    Yes I did do quite a bit of trading, sometimes on phone from here...It all stopped when they suspended my account for lack of PAN information.





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  • sachuin23
    04-20 11:45 AM
    Obama has done something. He made sure that we are in this pell mall because democrats are not getting additional 12 million supporters. Had he been only 50% passionate towards immigration as he was towards Health Care, we as well as millions of others would have been out of this mess. Lets see :). I am expecting a surprise before 2012 elections.





    go_guy123
    06-30 12:43 PM
    I think once an I-485 is filed every one should be equally treated based on their category. If country qouta is based on countries interest, there should not be more applications accepted than within the sitpulated visas. That is not the case here. We have thousands of applications stuck at USCIS. Since GC processing puts certain restrictions on ones ability to shape ones career, it is not fair to ask one applicant wait for more time than other applicant purely based on country quota. We should keep in mind that gc processing effects indaviduals not their countries. So, it is discriminating to make one applicant wait while issing visa's to other person with same qualifications (except that he is from another country).

    Yes true but why would ROW people be interested in it. They have everything to loose in this change of rules. The change of rules would lead to equal distribution of misery.





    gvenkat
    02-23 01:11 PM
    my dear.. pretentious pseudo middle class desi...
    i know ppl like you...
    you wear an armani to office but still carrying curd rice and pickel for lunch...
    you rejoice the success of slumDOG..with your liberal friends...with a martini glass filled with water..in hand..because ur amma told u not to drink alcohaal..;)

    according to u ...we are losers because we dont like being called a DOG in 21st century...

    if you want to wag ur skinny brown ass ..eveytime SlumDOG is uttered..thats ur problem..


    Do you have comprehension problems? what part of my post u did not understand. I said who ever is not recognizing this achievemnt is a loser. get the chip of ur shoulder and move on.. sore loser



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