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  • alterego
    10-01 09:14 PM
    Congrats to those of you getting approvals.

    It is all very random. The archiving system at the USCIS is designed by a bunch of retards.
    The case files apparently go in batches to adjudicating officers and each officer than asks for more when he/she can. Lord knows what crazy method they use. With recent criticisms they have gotten even more rigid in their idioticity. They now do not pull a file out of its queue, even if they know they are screwing up.

    They are quite simply unaccountable and do as they please. I completely empathize with Americans who do not want their health care delivered by such individuals. They fail to understand that they represent the US gov't. Speaking to some of them you see a sense of arrogance. Many of them do feel they are being charitable towards you upon approving a case.

    Interestingly even congressional inquiries are getting stall messages nowadays. Perhaps it will take more of that to make congressmen aware of what we have to deal with yearly.





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  • GLIX
    02-12 03:48 PM
    :confused: I have been advised by my lawyer to not apply for h1b extension anymore. I am now on my 8th year. I had my finger printing done December 2006. I also got my EAD valid for 1 year and also have my advanced parole just in case I will have a need to travel. What is your advice? My My 7th year H1B extension expires next month in March, 2007





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  • InTheMoment
    05-26 07:19 PM
    First of all when it is visa information it is just that!
    Please see answers below

    Hi Friends,
    I am in the process of filling I-485 form and got the following question, can you please help?

    My stamped visa expired 1 year back and I am currently with H1B approval notice. In the 2nd page of I-485 form, under Part 3. Processing Information, I am wondering what I need to fill for the following columns.

    1. Nonimmigrant visa number: Is this the EAC number of my current I797 or the visa number from my expired visa?. If it is from the expired visa, there are multiple numbers in the visa stamp, which one is the visa number?

    ------> The figures in red, not the control number on your
    visa stamp.

    2.Consulate where visa was issued: Is it the name of the consulate issued my last visa or Department?

    ------> If it was issued at a consulate state that, if
    department mention department.


    3.Date visa isssued: Is this is the date of last visa issued or the approval date of my current I797

    -----> Again the one on your visa stamp.


    Thanks advance for all your valuable suggestions.





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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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  • pappu
    10-02 04:03 PM
    I got only one set of A# for both the applications. When I filed my second application I didn't have my A#. But we have mentioned clearly that there is another application that is filed on behalf of same applicant on MM/DD/YYYY.

    You are lucky. Else the case goes for this conflict resolution and can take few weeks to resolve. If someone is getting such error they can post here and I can help.





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  • grupak
    03-24 02:29 PM
    First of all, they cannot ask you for you work authorization during the interview process. Second, even during hiring time, they can only ask you if you need sponsorship for H1 or not. If at this point you say no, then they have no business asking you for what kind of work authorization you have (unless the job specifically asks for US citizen or security clearence).


    That's true actually. They have no business asking you about details of what your work authorization status is. All they need to know is that you are legally allowed to work. Doesn't matter EAD, GC or US citizenship. Sponsoring for H1B might come up during the hiring stage but that doesn't apply here.

    Hypothetically in an interview, if directly asked, and if I am planning on using EAD, I would simply tell them that I have authorization from the DHS to work for any employer, and leave it at that. If they persist, I will tell them that I have the required documents for I-9. No need for more details unless some kind of security clearance is required.



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  • CADude
    09-20 11:52 PM
    if you can't do anything then please wait and keep the faith.. or write to congressman/senators and other to raise awareness and demand answers.. :)

    I recieved nothing. I cant check whether my check is cashed or not as my lawyer asked for draft and not personal check. Dont know whats going on...cant talk to the lawyer as the company doesn't allow....Man this is too frustrating...





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  • franklin
    01-10 01:26 AM
    I do not want to spoil the fun and do truely appreciate the efforts by the IV team. But after sitting in the GC queue for 7 years, all my hopes nearly dead. Campaigns come and go but nothing ever happens.

    I truly appreciate your frustration, but nothing will ever change if you do nothing.

    Something might change if you do something

    Go on, write a letter! It'll take 5 minutes. If you do, I'll write one as well. I'll even visit lawmakers on your behalf :D

    IV is you and me, we are the team.



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  • crystal
    07-29 07:24 AM
    Some info on Gnadhigiri
    Gandhigiri discussed in detail on NPR long before.Link below

    http://stream.publicbroadcasting.net/ros/open_source_061127.mp3





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  • alias
    08-07 12:15 PM
    No thats not what I am saying. Let me repeat what I am saying and this comes out of the draft I am working with a lawyer
    The interpretation of the intent of the law by USCIS is flawed and should be reconsidered given the enormous backlogs in various categories.

    1. If the people are allowed to move between the categories it will just move the backlog from one line to another penalizing the ones already in that line.
    2. It does not provides an equal opportunity to the people already in that line to move to other category who are patiently waiting for their turn.
    3. The porting is subject to gaming and the people who know how to work the system will be the most benefitted by this.
    4. It will also eleminate any potential for the spill of visa numbers from Eb2 to Eb3 category as Eb2 itself will be backlogged

    It should be noted that the immigration benefits are associated with a job requirements and not a person's qualifications. Changing a GC category should not be allowed except in certain extraordinary circumstances and through appropriate changes in the law.

    Mpadap, your arguments are valid but not pertinent to what I am trying to do. If a person becomes elligible , he/she must be allowed to apply for the positions matching his qualifications. Only thing is that he should not benefit from the portability of PD.

    your gramar buddy, This thread is getting funny ...



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  • wandmaker
    08-07 12:21 AM
    I could not resist from writing this post-

    A fisherman is selling two baskets full of crabs. One basket has a lid on it, the other doesn�t. An inquisitive buyer asks him why this is so. He smiles, pointing to the covered basket and says, �Well I have to cover this one because if I don�t, the crabs will all climb out�. �Why not the other basket then?� persists the buyer.

    �You, see, they�re Indian Crabs - if one tries to climb out, the others will pull it back in, hence there�s no need for a lid�

    Concentrate on action items and work harder than ever, which can bring a great relief to entire EB community. It does not matter how many times we failed or succeeded, every attempt we are an inch closer to our ultimate (IV) goal.





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  • cougar123
    01-18 09:02 AM
    Hi I had contacted the KCC number but they said they could not provide any estimate and said I would have to contact the concerned consulate at India to check on the status.

    :confused::mad:

    I read on the murthy.com website that the UCSIS needs to go through the Kentucky Consular Center to obtain the PIMS verification. The number for the KCC is 606-526-7500. I am going to try and call them to see if they can give me any information on timelines.

    For those people that have not left the US yet, it might be worth it to talk to your lawyers and see if there is any way you can have your names added to this database before you travel - that should eliminate any hassles once you leave the country. Much easier to try and do it from there rather than from here.

    There is no number to call here to check on status - I have been sending emails to mumbaiNIV@state.gov but have not received any response from them yet. Not really a surprise. If anyone tries the number above and gets some response please let the rest of us know.



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  • gc28262
    08-07 10:17 AM
    Only thing I know is that if you come before me in the line I am affected. It is not a DMV line where every one will get their License, it is a ration line where the items are limited.
    Call it selfish call it any thing else but these are the facts after being in the USA for last 12 years and two different labors.

    You have every right to look after yourself. But it should not be at the expense of your comrades who are affected by this unjust system more than you are.

    Solution: direct your ire against the system that is unjust to you. ( USCIS, DOL, Gov etc). That is what IV is trying to do. Let them give enough visa numbers for EB based applicants.

    If many of the great leaders of the world were as selfish as we are, we would all be a herd of animals.





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  • snathan
    03-29 02:59 PM
    Most makes sense but I don't think any candidates wait for their companies to file for EB1. EB1s can be filed by the candidates themselves. Right? All in all, if this happens, it will be good news for atleast a couple of 1000 EB2-I. :D

    EB1A/EB1B does not need but EB1C needs employer and was exploited by the Indian companies to the max. possible extend for the so called global managers



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  • tejonidhi
    09-09 03:46 PM
    I called the members and most of the calls went to voicemail. Left a message urging them to support the bill. I also started posting this in our university Indian student Association group so that they can start calling. I thank IV for the telephone numbers.





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  • pappu
    01-05 11:12 AM
    Why are we not on Facebook? Or are we there??

    Ok We have a group called 'Immigration Voice' on Facebook now started by IV core.

    Could you now help us increase the publicity of IV on facebook among your friends so that we get more participation on IV site



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  • americandesi
    03-26 02:53 PM
    I was thinking exactly like you until she educated me on this yesterday.

    The problem with the EAD is you are invoking AC21. There are several possible problems here including

    1. Complying with AC21 requirements of job code, 180 days after 485 RD, etc.

    2. Invoking AC21 without 140 approval. This is not against the law, but is risky in case of a 140 RFE.

    There are more reasons, but these ought to provide enough clarity on the problem. It is in the employer's interest to ensure that the candidate does not have any such issues; issues which will lead to termination of employment. The Recruiter cannot check DOL job codes and USCIS documents. That is the job of Legal which means $$$.

    So if the hiring manager does not have a budget for these extra costs or if he has an equally good candidate who is a GC holder or a citizen, it is easier to go with him or her.

    Agreed. But EAD doesn’t apply to EB based immigrants alone. There are hundreds of thousands of family based immigrants who use EAD until their status gets adjusted and I-140/AC21/180 days etc. are not applicable to them. Same applies to the spouses of EB applicants. In such cases it’s a waste of time/money for the company to consult with the legal department.

    I believe it’s the responsibility of the EAD holder to communicate what he expects from the new employer (like AC21) after which the company could decide whether to go with the legal department or not. Just assuming that all EAD cases fall under I-140/AC21/180 days etc. is plain ignorance.





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  • unseenguy
    06-15 01:39 AM
    Get over with it bunch of whiny losers. Someone can can and is willing to do the job cheaper than you.

    Think from your client's perspective:

    1. Why should he pay you more if he can get someone for cheaper price?
    2. Are you willing to do the same job for the salary that is offered by TCS, WIPRO?
    3. If you screw up , who is responsible? What can you do to mitigate damage? TCS/WIPRO can replace the whole team at free of cost to make project successful.
    4. YOU guys want to leave companies at will but the companies should not replace you at will?

    If you were bringing in value to the client that they cant get from TCS/WIPRO then you will have the job. Get some more skills, be best in the business and be smart. Know what it takes for long term success. You have to be on your toes all the time.

    STOP whining, you are just wasting time. All the best!





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  • factoryman
    06-18 06:23 PM
    Biographic Information. Please read the form and the instructions in the www.uscis.gov (http://www.uscis.gov)web site. Good night.

    Why do we need 325A?- i thought this was for people in illegal status. Our son entered the US on valid H4 visa. Also do we need to request in application to attach the file to mother or anything like that. I will give the USCIS a call and share that information here if I find anything more.

    thanks
    krishna





    franklin
    01-10 01:26 AM
    I do not want to spoil the fun and do truely appreciate the efforts by the IV team. But after sitting in the GC queue for 7 years, all my hopes nearly dead. Campaigns come and go but nothing ever happens.

    I truly appreciate your frustration, but nothing will ever change if you do nothing.

    Something might change if you do something

    Go on, write a letter! It'll take 5 minutes. If you do, I'll write one as well. I'll even visit lawmakers on your behalf :D

    IV is you and me, we are the team.





    GC_ASP
    04-06 08:12 AM
    EB-2 Movement in May
    April 5

    Will EB-2 India will advance "substantially" in May?

    There are 18,000 persons with EB-2 priority dates in 2006 who are waiting for green cards, 13,000 of them from India.

    Given the 7% country quota, we expect the India EB-2 to move forward in May between 2 weeks and 2 months.


    * This is seems to be completely different from what they claimed "substantial" before.....:confused:



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