Friday, June 10, 2011

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  • Macaca
    07-09 10:02 AM
    I was watching FOX News this afternoon around 3:00 pm EST and they talked about a Polish Lady sueing the USCIS. Her lawyer was on the show and he talked about the issue.

    The host then talked to a Congress man (i think it was Tom Tancredo and he said that the US is bringing in a way too many immigrants and the US should stop it for a few years). When asked if the woman was wronged he rephrased the word wrong by "was caused inconvenience".

    Anyways, the lady's lawyer hit the nail on the head. When asked if she was sueing to get a green card. Her lawyer said no. He said his client was sueing for financial damages and also for allowing her to submit her application as submitting the application has benefits.
    The pole (like us) is in the country. US will not stop bringining in immigrants by not allowing her to submit her AOS application. By not allowing her to submit her AOS, US is ONLY delaying her GC.





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  • krish2005
    04-15 01:00 AM
    Jet airways is good. My parents are coming in May with Jet Airways. Lot of my friends has told that Jet is good with leg space and very good service. They specifically said about how friendly they are with elderly people coming travelling from India. The only issue is - they fly till Newark only. But when you book they can take to any city in US.

    I just want to let you know that everyone who have used Jet airways has told very good about their international service. Opinions may differ with different people

    Hi,

    Jet airways is good. But they have discontinued service to bay area recently. But if you choose them, they fly only from east coast. The cost works out same with jet+local to east coast. Only thing you could avoid is long lay off. Service is excellent and indian food. In fact they have the indian spout in the toilets which is useful for elderly patients who require water in toilets for cleaning purposes.





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  • bhatt
    08-05 04:56 PM
    I know this is not a good question as there is no time frame for GC process?
    But please share your experience;
    How many years it could take to get GC if it is started with in Aug. 2008 for
    -EB2 category
    -EB3 category

    I am trying to understand the time (years) difference between two process.

    Thanks,
    Sanjeev.

    It is just depeneds on luck.
    My friend Who applied in EB3 after me will be applying for citizenship next year while I am waiting for my I-485.
    Another one same company , eb2, same credential as me , later receipt Date, applied after me in eb2, got his GC five months back.





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  • fatboysam
    05-17 01:05 PM
    IfYouSeekAmy,

    Can you please share your experience with them?

    Thanks



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  • Raj12
    10-31 12:28 PM
    Does anyone know phone no. and office hours for Atlanta Field Office. Thanks





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  • desi3933
    07-26 08:08 AM
    Okay, I applied for an H1 transfer late June 2006 on my own. Started at new job after receipt. Late August went on maternity leave. Came back to work in December. During maternity leave, my application was sent back due to wrong fee and no LCA (I didn't use a lawyer and was given somewhat bad advice.) By the time I did a re-application for transfer it was April 2007 (with the help of lawyers, this time). My H1 expired (6 years) near the end of June. But I was told I was okay as long as I was pending. Mid-July got a request for evidence with a date of September 20th being the latest date I can send in the evidence...pay stubs, tax returns, etc.

    1. Am I currently out of status or okay because of the RFE?
    2. If I apply for F-1 status now (thinking of a second Masters or PhD) will I need to send in the evidence for the H1B before that or will that not matter? It will take me a while to get all of the evidence, but I don't have time to wait in regards to getting the F-1 for school this Fall.

    My lawyers suggested leaving the country, but I am fearful of that? Any suggestions, answers, advice?

    Thanks.

    Could you please detailed RFE? It is difficult to suggest without the RFE details.


    ____________________
    Not a legal advice.



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  • desi3933
    06-22 07:51 AM
    If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.

    Valid I-94 just indicates that person has not accumulated any unlawful presence (for 3/10 years ban). Person could well be out of status. For example, having approved H1 petition and not working for H1 employer. Another example: LCA mentions place of work Chicago and person is working in New York. 245(k) covers out of status only upto 180 days since last entry in USA. If the person is out of status > 180 days, please consult a good attorney before filing I-485.

    I am NOT an attorney and this is not a legal advice.

    Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.

    http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf

    --Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.

    Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.

    Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.

    I agree this is good idea. She may have to travel out of US to get back into H4 status.



    See above in Blue.

    Not a legal advice.
    ------------------------------------
    Permanent Resident since May 2002





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  • jkays94
    05-17 07:33 PM
    My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.

    The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.


    Did you appeal your case to the Board of Immigration Appeals ? Have you sought the intervention of congressional offices ? Congressional offices can ask questions and get answers which you otherwise would never get. What status did you file under ? EB category ? etc

    Judges in the US do not discriminate on national origin or immigration status. There have been cases where legal and illegal immigrants convicted of crimes have sued the US and won key phases of their cases even when the cases were appealed. Examples of such are Jogi v. Voges and :

    In two recent decisions, the Fourth Circuit reversed lower court rulings that had dismissed law suits filed by two Colombian nationals under the Alien Tort Statute. Both lawsuits sought $2 million in damages on the grounds that the arresting authorities had failed to advise them of their right to consular notification and communication.

    While this were not immigration cases, the following case might even demonstrate that Judges are there to uphold the law without fear or favor. In this particular case, a court ordered a US consulate to adjudicate a visa application in 60 days when the applicants had been kept waiting for over 4 years. Mind you the individual was outside the US and still sued and won :

    Mandamus Granted Against U.S. Embassy in Moscow in 4-Year Wait for Visa (http://www.aila.org/content/default.aspx?docid=16767)
    A District Court in California grants mandamus against the U.S. Embassy in Moscow in an immigrant visa case, finding that 4 years is an unreasonable time for an application to be pending and that a U.S. petitioner has standing to bring a mandamus action against an overseas consulate in a visa application case. Courtesy of Kenneth White.

    Finally, I am not an attorney, but I strong suggest pursuing the congressional office route, if need be, use both your congressman(woman) and senator's office to get to the bottom of what appears to be an obvious error. You might want to schedule a meeting with them rather than discuss the issue over the phone and provide all copies of correspondence.



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  • cheg
    08-21 05:07 PM
    I see. I thought it was your lawyer that sent all your documents. So do you actually have a lawyer?

    My case was filed by a human resource person not a lawer. Human resource thinks I am ok but I do not think they really know the law. I am so scared...I do not know what to do. Ohhhh God..Life...





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  • natrajs
    05-12 10:09 AM
    At last, I received my approval on May 8th 2008. What a relief. I have learned a lot from this fourm. Thanks a lot guys.

    Congrats and Best Wishes



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  • hopefulgc
    04-09 02:45 PM
    that doesn't make sense at all.. why would it go to miami, FL?

    On a lighter side, maybe they realized that you haven't taken a vacation in a really long time and want you to visit florida.





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  • ashutrip
    06-18 10:15 AM
    PERM/LABOR took 1 year for me and a bunch of colleagues in my company.
    hmmm...thats a very good news :(



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  • anil
    04-02 11:20 AM
    I would rather fight it here without sending her to India (it happened to me). If you (primary) are living here legally with all your past H1's available in hand, then you hire a gora lawyer. Don't go to Murthy or Rajiv Khanna, they charge hefty. Basically what you need to do is -
    1) Your wife writes an affidavit on legal note explaining the whole story that she forgot, but has been maintaining the status legally until then. (the lawyer will help you with this). You have to build a case they you are living legally with a good intent but just forgot to renew...
    2) Attach all H1/H4 copies of yourself and her with I-94.
    3) Fill in H4 renewal application
    3) Have the lawyer send all paperwork it to INS asap

    When INS sees the legal note from attorney, they understand the case is legitimate and mostly approve her H4 renewal. This is what I did when it happened to my wife, and it got approved. However we delayed by 2 weeks. Worst case, you would fight the case in a federal court to prove your innocence, and they just approve it then.





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  • maddipati1
    08-03 07:36 PM
    ask ur attorney what if u wont get EAD approved by Jan'08

    may be ur attorney thinks u will get EAD before Jan'08.
    ask him what if u won't get EAD, with this mad # of EAD filings this month.

    may be he is too busy with 485 filings. ask him if he will file after Aug17th

    im in the same boat except my H1 is until Sep'07. my attorney is preparing to file 3 yr xtn.


    S



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  • tnite
    09-12 03:23 PM
    Where do guys see the LUD? And what number do you call the USCIS on? Thanx.


    Register in USCIS.gov and then enter the I140 info in your portfolio and you will see the LUD(last updated date)
    18003755283
    and then press 12126





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  • Berkeleybee
    03-07 11:30 AM
    Dspg,

    That post was not about my or IV's "worrying" about the doom and gloom crew - it was to ask them to cut the wailing and get up off their butts and do something.

    I sincerely hope you are.

    best,
    Berkeleybee



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  • RandyK
    11-28 09:22 AM
    Now this is just to get an idea on what to expect if one of the Immigration bills passes and signed in to law say by mid 2007.

    What can we expect next?

    What will happen to highly retrogressed countries like Indian, China? When can they expect any tangible results?

    What will happen to the �Rest of the World� category? When do you think they can expect results?

    What will happen if ALL or Most of the catagories become current. Are we going to get stuck with processing delays for months or years to come ?





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  • shanti
    08-03 10:36 AM
    To be able to file EB2 the position has to belong to O*net zone 5. For instance if you are an engineer, open the link http://online.onetcenter.org/find/result?s=engineer&g=Go and click over the engineering that mostly suits you. If that position is job zone 4 then it is EB3 if it is job zone 5 then it is EB2. Then you have to check the salary for the area where you work, if your basic salary is superior to the minimum (level 1) of the position then you are fine.





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  • dealsnet
    08-20 03:33 PM
    Did you fille tax retun showing the gas station income ?





    jthomas
    03-16 06:49 PM
    I have a h1B and a EAD. I was laid off one week back. Will there will be a problem if i take 6 months vacation, get a master degree, Try doing a business. Do i need to immediately find a job. I will be getting unemployment benifits and i think my H1B won't be valid since i lost my job and my next job would be on EAD.

    Any suggestions, I am waiting for an answer from my attorney too.


    Thanks Fittan. I am waiting for an answer from my attorney.





    fcres
    08-16 10:28 AM
    i called the bank too and they cant read the check neither..i can see a number starting with ent only....where in the checkexactly do we look for the receipt number.
    thanks

    It should be 3 lines under "For Credit to U.S. Treasury" and just below a line of dashes (-------------------) starting with SRC or LIN and then 07xxxxxxxx



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