Friday, July 1, 2011

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  • syedajmal
    07-10 03:40 PM
    I am ready to pitch in for a lawsuit. Always believed independence the Bose way would have been better than the Gandhi way.




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  • gsc999
    11-28 10:22 PM
    Have been buzy with work. Santb thanks for the reminder

    GuysnGals and Kids, here is the ebay posting. Go out and bid on this special Wii. All proceeds will be donated to IV
    Have Fun:)

    http://cgi.ebay.com/Nintendo-Wii_W0QQitemZ200179110002QQihZ010QQcategoryZ62054Q QssPageNameZWDVWQQrdZ1QQcmdZViewItem




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  • om.vikas
    12-23 05:01 PM
    pras,

    As far i know you should your passort get corrected, if there is name mismatch in your passort & visa it can create problem for social security number.




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  • a1b2c3
    12-04 10:05 PM
    This is happening due to bad US immigration policies which of course largely reflects the conflict between american working class/employees and the business owners/employers.

    Neither do the senators pass tough bills which can block out illegal immigrants not do they give the existing ones amnesty.

    The illegals are stuck in some sort of limbo and it creates some human rights violations such as this one.

    With legals, they issue green cards but not in sufficient numbers to satisfy the overall demand because of a popular american notion that jobs are going away to foreign workers.
    I think if these lawmakers had done a good job of anticipating demand properly and regulating immigration, it would have been less chaotic.



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  • dontcareanymore
    08-11 12:39 PM
    My PD is May 2006. I applied for I-485 in September 2008 when my date had become current. Subsequently got married and now waiting for my date to be current again so I could add my wife.

    I had given hope and was not preparing for anything and hence have India trip planned (wife 11th Sept - 1st Nov and I'd go for the month of October).

    Given the latest movement, now I think to be safe I should do all that is necessary that in case dates move forward enough for October, I should be able to add my wife to my application. If there are any comments/advice around this, please do let me know.

    Also, what would be the things to get ready for her? I hope it'd be alrite that she will be in India while we apply for her I-485?

    Thanks for all the advise!

    The reason for this EB2 move is end of year overflow from other categories. I would not expect a significant forward movement next month (if at all there is ANY forward movement).
    If the past experience is any indication, you might see a pullback.

    You would know in advance if the dates move forward next month and I guess you can reschedule your visit and cut short your wife's trip.

    You can prepare all the necessary documentation like birth certificate (translations if necessary) marriage certificate and/or any affidavits (if necessary) in advance.
    I don't think your wife can apply AOS (Adjustment of Status) while abroad. She has to be present in USA. She can however file "Consular Processing" while in a foreign country, if that is what you want to pursue.




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  • longq
    02-04 06:28 PM
    I'll take that as the final word on this issue.

    And I expect people here to have enough integrity to let us (ROW) know if they intend to pursue the interests of the oversubscribed countries only, at the expense of the interests of the ROW.

    No one here takes advantage of any group. We are talking here is what law says and how it is implemented by various agencies. The problem is there is doubt that DOS has not understood the law. No one is against ROW and loves India and China. US immigration simply based on preference catagories. For example, wife of U.S citzen will be given first preference in immigration (FB1) compare to brothers and sisters of US permanent residents (FB4or5). This is the law.

    Similar thing in employment catagories too. Before 2000, there is a verical spill over of EB visas. Becase of this, a high skilled workers from India/China has to wait more compare to low skilled workers from ROW. This practice will not put US in technological edge. Thats why AC21 law implemented.

    After 2000, congress removed country quota in all EB catagoires. The simple reason is to make US competiveness in 21st century. The intend is simple.

    The simple meaning of AC21 law is, for example, let us assume following hypothitical situation. There are 40,000 noble prize winners from Mexico. All of them applying EB1 visas in a FY. In same FY, no one from other countries applied EB1 visa. As per AC21 rule, entire 40,000 visas (100%) goes to Mexico in EB1 irrsepective of how EB2 or EB3 or FE catagories are retrogressed or howmany mexians in EB/FB are waiting. This is what congress intend to promote high skilled immigrants to USA. This is what american competivness in 21 century. The intent here is noble prize winners should not wait even if they are from oversubscribed countries like mexico.

    If you read word by word of AC21 rule ..you will understand what I am saying.

    INA 202 (a) (5) (A)
    EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter

    My intension is simple.

    Even if SKIL/CIR bill passed in near future, if DOS or USCIS does not implement the law accordingly, it will be disaster for oversubscribed countries like India and China.



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  • truthinspector
    11-11 01:57 PM
    Hello guys,
    Sorry for this non-immigration related post. We have this sudden, tragic situation that I wanted all of your advice on. Thank you for your time in reading this long post.


    Fire her immediately.


    Put a post on Sulekha warning other potential employers of her wrong doings.Make sure you are explicit about her and her husband's identity.




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  • chanduv23
    12-03 11:55 AM
    It is always advisable to take an Immigration Attorney with you during an AOS interview. Attorneys usually fill in when you pause or are uncertain. Thanks for sharing this information - looks like this is a very generic interview.
    The most important question was - to know if your educational qualification is good enough for the job and all other questions were just fillers.

    Congrats - hope you get ur GC soon :)


    We had our AOS interview this week at LA USCIS office. We are EB2-I, PD 02/06, Filed 08/07, RD 10/07, I-140 approved 12/06. Reason for interview was a double failure to get clear FPs for spouse. This necessitates a police clearance certificate from the city of residence and upon our lawyer's advise, we went armed with two of these, one from each of the two cities we have lived in during the 5 previous years.

    Getting a Police Clearance Certificate entails just going and requesting it at their counter. Their charges are reasonable ($11 and $19.50 for us) and in one case we got it after a few minutes of wait and in the other, had to return the next day to collect it.

    We reached a couple of minutes late at the mapped location of the USCIS building, courtesy our unfamiliarity with downtown areas including LA and terrible freeway traffic. I dropped off my spouse and kid at a building which had bold signs saying "Passport", "Immigration" and like (on our right as we went on Los Angeles St from Aliso St to Temple St). I went to find a parking space meanwhile. Just as I was returning from an uncomfortably long circuitous tour of the area, I got a call from my spouse telling me that that building was not the right one. Our GPS had finished guidance just at that particular crossing (Los Angeles St and Temple St) btw. Through some good people there, we got a clue about the long lines in a nearby building (diagonally across), which is where I dropped them off then and again went on a parking hunt. I wish I had also carried a map printout of this area.

    I managed to find a parking some 6 blocks away and was walking back with some bags which is when my spouse called to say that this was indeed the right building and gave me further directions.

    I sprinted across a narrow side street when it was bereft of traffic even though the pedestrian light was unfavorable. This act of mine earned me a citation from a peace officer obviously watching from a hiding place for people who are more used to pedestrian crossings with buttons. Here I was just not sure as to when to expect the light to turn in my favor, with obvious thoughts of the delay playing on my mind. Thankfully, I still reached upstairs well before our names were called.

    The security at the downstairs entrance was airport-like except that they did not ask me to take my shoes off. They allowed me everything I was carrying including my cellphone and laptop.

    I duly reached the waiting room upstairs and found my family. By this time, my spouse had already submitted the interview notices to the personnel there. Our lawyer had advised us to stick a note therewith saying that all of us are a family and should therefore be seen together. We forgot this but my spouse mentioned this verbally. This had the desired effect, thankfully.

    After a wait of about 2 hours, we were called up and went inside to an IO's office. I do have to mention here that the security officer outside was very nice and friendly.

    The IO was courteous and asked us to take an oath of truth before we sat down. She asked us if we had our attorney with us. Since we did not, she made us sign a waiver saying that we did not object to being interviewed sans our attorney. She then proceeded to ask us for our government-issued IDs. We handed her our Indian passports and California DLs. She went through our applications and asked us simple questions like:

    ..What is your child's name?
    ..How old is your child? (two separate times from each of us)
    ..What is your child's DOB?
    ..What is your home address? (two separate times from each of us)
    ..What is your home phone number? (two separate times from each of us)
    ..What do you do for your employer? Describe.
    ..Does your job require you to have the educational qualification that you have? Why?
    ..What is your father's full name?
    ..What is your mothers full name?
    ..What is your DOB?
    ..When does your H1B visa expire?
    ..When did you last enter the US? (It helped us tremendously that we had a prepared note of our arrival-departure record)

    The IO then took out the original I-94s from our passports and stapled them to our files. She then observed that both of us were on H1B and had had I-140s from our respective employers. She said that the other I-140 process (which is pending btw) could not be kept alive while the beneficiary was getting their AOS as a dependent on their spouse's process. She had us write a letter requesting withdrawal of that I-140 process, which she said she will keep on hold till we got our immigrant visas.

    Some documents that she asked for copies of from us for included paystubs from 3 previous months, letter of employment verification from our employers, university degrees (or diplomas as she called them), our and our kid's birth certificates and our marriage certificate. We voluntarily put our mortgage statements on the table which she did not take more than a cursory glance at.

    She did not ask us for our tax returns, joint photographs or university transcripts. However, it is always better to have these around, imho.

    We were missing some documents, so she permitted us to go out for a couple of hours to get their copies and grab some lunch. She handed us a signed form which she instructed us to show the security personnel for them to either let us in or to drop off the document copies for her. In this case, she did see us again even though we were delayed by an extra 20 minutes.

    The IO then let us know that all processing was done from our side and all that we needed to do was to wait for our priority date to become current, which is when the USCIS would allot us the immigrant visas. We could also, if we so wished, make an inquiry with the USCIS once our date became current, she said.

    She then returned us all our originals (I wish I had made a checklist of these for my ease). Courtesy a wonderful post on IV by gimme_GC2006, I remembered to ask the IO for our original I-94s. She asked us if we intended traveling before we got our green cards. I replied that we had no existing plans but that this was probably the only time we were getting to meet her. She smiled at that and gave us back our I-94s after making copies for herself. I requested a copy from her of the letter for I-140 withdrawal and she obliged.

    That was it. She wished us good luck and we thanked her. The security officer outside was once again his pleasant self and we walked out feeling elated.

    I have some useful information for folks who go to the USCIS office on 300 N Los Angeles St in LA. If you take the Los Angeles St exit from US-101, you will cross Aliso St followed by Temple St. This USCIS building is the one on your left side as you go from Aliso to Temple. There is an underground parking for LA mall bang opposite the USCIS building before you hit Temple St. After you pass Aliso, turn to your right into this parking. You can take the escalator up later and then cross Los Angeles St on foot to reach USCIS. I advise to not disregard the pedestrian lights in this area as police officers aggressively monitor and cite jaywalkers here.

    If the LA parking lot is full, continue on Los Angeles St past Temple and turn left on to First St. Keep going for about a quarter mile and you will find parking on your right. This place is $6.00 for the day. Unfortunately I forgot the cross street here but if you hit Alameda St on First St, you have gone too far. From Google maps, it appears that that cross street is Central Ave. You will see large parking signs as you approach this decrepit unkempt street-level parking yard. There is another parking option which you would prefer over this.

    Go from Aliso toward Temple on Los Angeles St. Turn left on Temple and you will find this $8.00 parking immediately past San Pedro St. If you find this lot full, go on down to Alameda St, turn right and then right again on First St to find the $6.00 parking lot.

    If you need help with documents, there is a post office store which even does photographs, in the LA mall across from the USCIS building. If you need internet access, your best bets are Fedex Kinko's and Office Depot on the crossing of Second St and Central Ave. Kinko's is on the NW corner and Office Depot is on the NE corner. Office Depot has a Starbucks next to it. Parking at Office Depot is decent and free with validation. Office Depot will give you free wifi but they do not broadcast their SSID and I do not feel it ethical to disclose it here. Just go talk to them if you need it. It is slow though, like 11 Mbps. Office Depot will accept emailed docs from you to print right away and also will accept faxes for you. It is a very hospitable place for someone who gets nightmares in downtown areas.

    You can find some passable eating joints in the LA mall area across from USCIS building.

    Hope this post comes in handy for people. Good luck folks.



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  • nogc_noproblem
    08-22 01:26 PM
    08/22/2008: Wild Forest Fire Sweeping Chinese and Indian Websites

    The USCIS has been delaying release of the August 15, 2008 USCIS processing time reports and so-called certain government agency processing tracking sites have been reporting slow-down of the EB-2 I-485 applications for the Indians and Chinese. Triggered in part by these evidence, the Indian and Chinese EB-2 I-485 waiters are literally consuming their emotions through the Indian and Chinese websites. However, we are still in August and have yet to reach the September 2008 Visa Bulletin which was released by the State Department assumedly after consulting with the USCIS, and there is absolutely no evidence at this point that the FY 2008 EB-2 visa numbers have already been exhausted. People should calm down, keep patience, and wait for the agencies' announcements, if any.




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  • paskal
    12-18 05:26 PM
    almost 100 views and 4 contributions
    c'mon people, we are better that that...right?



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  • pappu
    12-19 08:07 PM
    AS per my pledge today, I just contributed $100. Thanks to five first time contributors,

    Paypal ID : 4759 4086 7869 7244




    Originally Posted by khodalmd
    Originally Posted by khodalmd
    Friends,

    Since inception of IV, I contributed four time total $400. To encourage members who have not contributed so far, I have following deal.
    Five members who are first time contributing more than $50 each should post here. After I will have information about five new members' contribution, I will contribute $100 more

    Time : 12/19/06 11.43 ET
    Thank you very much.




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  • desi3933
    07-20 04:41 PM
    Can someone please clarify this to me?

    I'm really confused with the rule right now. Since my last entry was Apr 2007 and I worked only from July 2007, was I out of status?

    I've read this -
    Out of Status is counted only since last entry in US for employment related I-485. And Section 245(k) covers out of status upto 180 days.

    And I've read this from somewhere too -
    For a new H1B, a grace period of up to 60 days is allowed before you can start work after entering the country.

    which rule is correct? Thank you again

    Both are correct. What is your confusion?

    ___________________
    Not a legal advice.



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  • saileshdude
    08-26 09:36 AM
    I think the IO just say anything that comes into their mind because they know nobody's there to hold them accountable during the interview process. Thats why I think one should take an attorney along during the interview process if they think their case maybe little complicated. At least the attorney can step in when it comes to the IOs denying your application improperly. Does anyone think this is a good idea to be on safer side?




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  • msp1976
    02-04 09:13 AM
    Purpose and goal of the organization is to further your interests...
    Whatever question you ask, we shall make an attempt to answer.....Even if it has been answered before ......we would again answer....

    Do you find your questions answered ???...Do you think that this activity is useful...??

    Please contribute to IV to further your interests....



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  • mbawa2574
    08-21 06:47 PM
    Our problem is that we do not want to accept this news. Unless we receive some confirmed news to contrary we should not blame someone who might have shared this news with us in good faith. Let's try to find out the truth first.

    It may be right. One of my congresswomen assistants called up USCIS and they were told that due to many apps, there is lot of confusion and they will get back to her in week's time. Not sure but looks like USCIS/DOS has boned this up again :-)




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  • mps
    04-11 11:17 PM
    I read on Rajiv Khanna's blog that PD for LC substitution cases should be the date when I-140 is filed for substitute however, there is evidence that USCIS has wrongly assigned orginal priority date of LC filing, to substitute (I have seen this happening in one case at least, where susbstitue got priotity date of LC).



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  • sanjay
    08-20 02:30 PM
    I just talked to a NSC representative and he told me that my case is sent to extended review. Now what is this extended review?

    Well, what annoys and confused me is that when I took Info pass day before yesterday she told me that my case is with IO. And now NSC rep is giving me another version called extended review.

    Don't know whom to believe.

    Does anyone here had same exp.




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  • andy garcia
    02-05 08:19 AM
    No cap would be the best solution... but that is very tough to sell in Washington....That's why all this complications of asking to take dependents out of the cap and allowing overflow to go to China/India...

    As I understand, IV already made these arguments to senators and even the senators who are sympathetic to immigration are not willing to remove the cap..The only thing they would accept is that the overflow would go to India/China/oversubscribed countries....I wonder if one of the core members would comment on this.....You do not need to name names....Just a request give a description of your interactions with law makers in this regard...That would put this issue to rest.....


    theortically what longg says is correct.The system is not fair......but not many are listening to us at this point...So we have to find some way out of the situation.....


    We need both alisa and longg as members because we need more to get traction in Washington.....the only common solution for these would be to get the numbers increased somehow....Otherwise EB3-EB3-India-China-ROW keep fighting each other...you would have nothing....

    If the DOS says this is because this what the law establishes:

    "The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.

    How do you like if people from a certain country go to India to take all your jobs?




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  • hsd31
    06-20 11:53 AM
    That is interesting. The steps that we followed were the ones told to us by the DC embassy. I think the only difference between your case and my wifes case is that her passport had just her First Name under "Given Name" and her "Surname" was blank. I think in your case you have the First Name and Last Name combined under the "Given Name" and "Surname" is blank.


    I just spoke to Indian consulate, NYC. The procedure to correct the last name is very simple. All you need is an Affidavit from the person (Signed in US, saying that you are correcting your name.), 4 photos and a copy of 797 or Visa. No need of advertizements, or Indian affidavit.

    Please note, this is applicable only if,

    In your passport Surname is Blank

    Given name has <first name><last Name> (and all spelling etc are correct)

    and you want it to be corrected to

    Surname <last Name>

    Given Name <First Name>

    They will issue a new booklet with corrected name. It's same day service in NYC.




    gk_2000
    04-15 01:43 PM
    Do you know why all arguments against F1 to GC are moot? It's because US does NOT view it as misuse. They are talking about not letting the students go, and stapling GC's to certificates. Do you think there will be any result from fighting that sentiment?

    This is another rant idea and it is wasting everyone's time. I request all to pls stop bumping this thread on that count




    Nil
    04-13 08:44 PM
    It is good to analyze. But pls let us be together.
    There are several who's category was determined by the employer and their lawyer and an equal number, who have no clue as to what is actually the content of their labor. Myself for example, was never allowed a glimpse of the labor application, only know that it was approved. i also do not have a hard copy of my I140.
    The positive point is this year, major channels are talking about Legal immigration much more than i have heard before.
    let us work together to highlight the broken system, the only way it can eventually get fixed by our direct efforts.



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