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  • vin13
    03-12 01:27 PM
    We see lots of anger and frustration in this GC journey specially when a VB comes out.
    lets me ask myself and all of you these questions.

    1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?

    2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?

    3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?

    Last year there was a short lived thread on IV talking about Sueing USCIS/DOS for there misdeeds but it died as people pointed out that we cant sue USCIS/DOS.

    If the answer to all the above questions are No and we cant even bring USCIS/DOS in the court then we should keep our mouth shut and let it happen whatever is happening?

    Thanks,

    Sueing is a tough road.

    Here is the tricky part. For example, we all feel the spillover is not happening quarterly. But USCIS/DOS will only give us partial info. They will not tell us how many visas were issued monthly to which category. So we cannot do our calculation to say Quarterly spillover is not happening. Without proof we cannot go to court.

    The progress we have seen so far is that DOS is issuing the demand info on a monthly basis. Now we need to persuade them to release the number of visas issued monthy (by category). When we have both these data, we can do our calculations and prove that they are not following the law. Then we can worry about going to senators, congressman, or court.




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  • immi_seeker
    10-03 11:19 AM
    I did call them... They didn't provide me the details of the Additional evidence and asked me to wait for the Notice.. Also they said they will be sending it to my address.. I was under the impression that they will be sending it to my lawyer.

    Did you fill in G28?




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  • redelite
    08-26 04:01 PM
    fixed.... http://www.kirupa.com/forum/attachment.php?attachmentid=47721&stc=1&d=1219780843


    //Edit: woops.. sorry for double post




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  • gc_check
    01-07 09:34 AM
    Well, last week was a short business week prior to new year. If you had you interview on 30th, then just one more business day prior to the new year and I doubt they did a lot on 31th and are back to work this week. Might be dealyed due to administration process. You might get in couple days.



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  • jnraajan
    10-16 07:13 PM
    Happy Diwali to all.
    Here is the Diwali story as told in 21st Century in US by Indians.
    *
    *
    A young second generation Indian in the US was asked by his mother to explain the significance of "Diwali" to his younger brother, this is how he went about it...
    *
    " So, like this dude had, like, a big cool kingdom and people liked him. But, like, his step-mom, or something, was kind of a bitch, and she forced her husband to, like, send this cool-dude, he was Ram, to some national forest or something... . Since he was going, for like, something like more than 10 years or so.... he decided to get his wife and his bro along... you know...so that they could all chill out together. But Dude, the forest was reeeeal scary shit... really man...they had monkeys and devil s and shit like that. But this dude, Ram, kicked with darts and bows and arrows... so it was fine.
    *
    But then some bad gangsta boys, some jerk called Ravan, picks up his babe (Sita) and lures her away to his hood. And boy, was our man, and also his bro, Laxman, pissed... all the gods were with him... So anyways, you don't mess with gods. So, Ram, and his bro get an army of monkeys... Dude, don't ask me how they trained the damn monkeys... just go along with me, ok...
    *
    So, Ram, Lax and their monkeys whip this gangsta's ass in his own hood.... Anyways, by this time, their time's up in the forest... and anyways... it gets kinda boring, you know... no TV or malls or shit like that. So,they deci ded to hitch a ride back home... and when the people realize that our dude, his bro and the wife are back home... they thought, well, you know, at least they deserve something nice... and they didn't have any bars or clubs in those days... so they couldn't take them out for a drink, so they, like, decided to smoke and shit... and since they also had some lamps, they lit the lamps also...so it was pretty cooool... you know with all those fireworks... . Really, they even had some local band play along with the fireworks... and you know, what, dude, that was the very first, no kidding.., thatwas the very first music-synchronized fireworks... you know, like the 4th of July stuff, but just, more cooler and stuff, you know. And, so dude,
    that was how, like, this festival started."

    Sentiments aside, at least you could have got the story right. That is not why Diwali is celebrated. So, may be get the story correctly before even trying jokes.




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  • vin13
    07-15 09:24 AM
    Hmm.. maybe i did not make it clear.
    What I meant was, if you make 4 copies of your photo and use two of them in one application, then USCIS is not allowing you to use remaining two afterwards claiming that picture should be recent and 'unused'. They are asking of 'different' picture altogether.

    USCIS do request you provide pictures that are less than 6 months old. I had a situation where i recieved an RFE for my AP application with a request for another set of photos without reason. They were new and taken from a reputed photo studio. I had to submit new pictures. Not sure if USCIS lost the first set.

    Sometimes there is no valid reasoning.

    I had a friend who got a RFE requesting new pictures. He told me that he had submitted new pictures. With further discussion, i found that he had a old negative that he got prints developed recently. So he considered them as new. :D



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  • hazishak
    08-01 11:16 AM
    I know it is not the right place to put it. But I could not find any appropriate thread..............................:( :( :(




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  • sankap
    10-28 12:01 PM
    Skilled immigration: Green-card blues | The Economist (http://www.economist.com/node/17366155)

    Skilled immigration
    Green-card blues
    A backlash against foreign workers dims business hopes for immigration reform
    The Economist: October 30, 2010

    Oct 28th 2010 | Washington, dc

    BAD as relations are between business and the Democrats, immigration was supposed to be an exception. On that topic the two have long had a marriage of convenience, with business backing comprehensive reform in order to obtain more skilled foreign workers.

    That, at least, was what was meant to happen. In March Chuck Schumer, a Democratic senator, and Lindsey Graham, a Republican, proposed a multi-faceted reform that would toughen border controls and create a path to citizenship for illegal immigrants while granting two longstanding goals of business: automatic green cards (that is, permanent residence) for students who earned advanced degrees in science, technology, engineering or maths in America, and an elimination of country quotas on green cards. The quotas bear no relationship to demand, leaving backlogs of eight to ten years for applicants from China and India. Barack Obama immediately announced his support.

    But the proposal never became a bill, much less law. Mr Graham developed cold feet and withdrew his support; he was concerned that the Democrats were moving too quickly, as the economic misery that has turned Americans against foreign trade spread to dislike of foreign workers. Last year Congress made it harder for banks that had received money from the Troubled Asset Relief Programme to hire workers on H-1B visas, the most popular type for skilled foreign workers. In January the Citizenship and Immigration Service barred the use of H-1Bs for workers based on a client�s premises instead of their own company�s, a move aimed at outsourcing companies, many of them based in India.

    In August even Mr Schumer, needing to look tough on outsourcing, pushed through a bill sharply raising H-1B fees on firms that depend heavily on the visas. Perhaps the most naked election-year hostility to foreigners appeared during the debate in September over a Democratic bill in the Senate that would have rewarded companies for firing foreign-based workers and replacing them with Americans. Charles Grassley, a Republican senator, responded with a proposal to prohibit any company that had laid off Americans from hiring visa workers at all. The bill did not win enough votes to break a filibuster.

    Tightened restrictions, political aggravation and economic conditions seem to be having an effect. In 2009 the number of employment-based green cards and H-1B visas was the lowest in years (see chart). It took an unusually long time for the quota of H-1Bs for the fiscal year that ended on September 30th to be used up. Several Indian outsourcing companies have made a point of boosting local hiring at American facilities.

    This is partly the result of the recession, which has hurt demand for all types of workers. But in a recent report the Hamilton Project, a moderately liberal research group, notes that the number of foreign workers in America has been declining for some time. This might reflect America�s diminished appeal to the world�s most sought-after workers, as well as brightening prospects in their own countries. A survey for the pro-immigration Kauffman Foundation in 2007 found that only a tiny proportion of foreign students planned to stay in the United States. This almost certainly extracts an economic toll, since immigrants are more likely than others to start businesses or file patents.

    America�s immigration policies have long put a higher priority on family reunification than on employment. Legal immigrants to the country are more likely to have failed to finish high school than either native-born Americans or immigrants to other English-speaking countries. Immigrants to Canada are far more likely to have a college degree.

    Legislators from both parties have at various times advanced proposals that would smooth the way for skilled migrants, but they have usually foundered on the more intractable problem of dealing with illegal immigration. �These two issues can and should be separate,� says Michael Greenstone of the Hamilton Project. �We are giving up economic growth by putting the two issues together.�

    Democratic Hispanic legislators oppose separating them for fear of losing business support for comprehensive reform. In principle, then, a Republican takeover of the House might increase the likelihood of a stand-alone bill on skilled immigration. That, however, is not the Republicans� priority. Lamar Smith, the Republican who would probably become chairman of the House judiciary committee, is more focused on deporting illegal immigrants and strengthening the border.

    Still, it would be premature to write off the odds of immigration reform. If Mr Obama is to accomplish anything in the next Congress, he needs to find common ground with Republicans on something. Business-friendly immigration reform might just qualify.



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  • ajay
    03-23 02:46 PM
    If your employer is a 'good' person s/he might be of help to you in this regard. LLC also may be an option that you can try with. Let others also explore some possibilities for you.


    Good Luck in your website.




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  • sweet_jungle
    12-04 02:15 PM
    Interesting, looks like all these cases got approved ??

    This year in August, most of the WAC I-485 cases were given an unfair beating and were largely neglected in the approvals. Most of these cases are not current now but many will become again next year. So, based on this year's experience, we need to prepare so that we do not again get beaten up. By WAC I-485 cases, I mean cases filed in July 2007 in NSC but were receipted at CSC and sent back to NSC. In g neral, it applies to all cases which were transferred between centers

    There were mainly 2 issues faced:

    1) Biometrics for these cases do not get attached to file. Reason is when we do the biometrics, the results are sent to CSC because the case number starts with WAC. The results do not automatically get transmitted to NSC. Most of us had to make phone calls to make it happen. By that time, precious time was lost and the visa numbers got over.
    The issue will now again come up as most of our fingerprints are approaching 15 month expiry. So, when we again do biometrics in the next few months, the results will remain stuck at CSC.When in July/August in 2009 , we will become current again, our cases will not get picked due to lack of biometrics. So, how do we go about fixing the problem? Writing to ombudsman? I am looking for suggestions. I did write to ombudsman and got some standard response.

    2) Second issue faced was inability to file service requests. Even though processing dates were more than 30 days from receipt date, the system was not allowing filing of SRs as it was taking the reps. to CSC 485 processing times which are stuck at 2006. This is totally unfair and if a LIN person is able to file SR we should get the same right. True, SRs often invoke some useless response. But, if PD and RD are current, it can be quite useful.

    So, I am asking for suggestions for tacking the above problems so that we can be prepared for next year. The time to act is now.



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  • h1bdude1
    03-23 03:53 PM
    one more question Plz. Sorry for bugging.

    I lost this Expired EAD card during moving and now i only have its Front copy which i am going to submit with my I-765 form.
    will it be any problem submitting only front copy of the Previous EAD because they are requesting for both (Front and Back) of the Previous EAD.

    thanks
    h1bdude1




    I think you mean once you are assigned a permanent A# ! It is assigned before a visa number is assigned.

    A number series starting with 1 (eg. for OPT) are temporary. Those starting with 9 are permanent.

    USCIS has a regular A# consolidation unit as well as a column to check for more than one A# on their internal worksheet for I-485.

    Bottom-line: give your OPT A# and they will take care of the rest. This is what I did and worked.




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  • uma001
    05-04 04:40 PM
    I was working on a company A(on H1B visa) and left 7 month back. While working on Company A, I was in a project in Company C through another Company B. I actually joined company B to avoid this chain. Company A released me after agreeing for his cut for 4 month, and then $2 per hour until the project ends. This was agreed by an e-mail between me and Company A. I stopped paying the company after 4 month of his cut.

    Now the company A has sent me a mail that they want a confirmation mail from Company B that my project ended. If no confirmation email, then they will send me a legal notice.

    Not sure what the employment laws are. Could you please advice?

    According to your post, according to the agreement between you and company A, you need to pay $2 per hour until the project ends. Why did you stop paying after 4 months of his cut. I guess the project is still going rt. So Company A wants to make sure that project ended. Company A is right. If your project is still going, you need to pay him $2 per hour until it ends.



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  • Lasantha
    09-07 09:08 AM
    LOL - That's way too funny !!! :D




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  • Dhundhun
    10-23 05:53 PM
    I think, for an employment-based case, there is effectively a 180-day grace period because of 245[k]. Please explore this, which may be helpful for gaps like I485 refusal and MTR.

    From: http://www.murthy.com/adjsta.html

    Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.



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  • GoneSouth
    08-11 09:12 AM
    She needs her own I-797 showing transfer of the H-4, doesn't she? Whenever I changed companies, all my dependents got I-797s as well, and we had to present these at border to get new I-94s.




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  • plassey
    09-06 09:02 AM
    2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?

    Confirm this point with your lawyer as I thougt it would be counted against the quota.



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  • Aah_GC
    07-11 02:18 PM
    I was going through some comments by some folks in this forum (http://www.nyjournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350) - and one of them says - how come these guys were silent when they were pressing for Illegal Immigration reforms? What the heck? You live in this country on a budget with your employer and they expect you to solve the problems of this country.

    Jakub (glus),

    Good job on getting our message across. Good picture too! Finally we are seeing some faces behind the screen names.

    http://www.nyjournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350




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  • yagw
    12-07 08:06 AM
    My wife's EAD expires later this month. She doesn't intend to work; so does she need to renew her EAD? She doesn't have another status like h1 or h4. Will she be out of status when the EAD expires?

    The bigger question is that I got my GC a few months ago; but she hasn't got hers. We had an interview at the local office; the officer said he's recommended approval of the 485 and we should get it soon. This happened 2 months ago and still we don't see the 485 approval. The officer also mentioned we could go to the local office any time and get a GC stamp in the passport. Is this true? Can we just take an infopass and get the stamp right away? Do they do that? I called the call center but they just say it's pending and they won't give me any information.

    really appreciate your advice...

    srini

    For the status question, your wife doesn't need EAD. Pending I-485 or AOS is a valid status to stay in the US. That said, some states like CA doesn't take I-485 receipt notice as a valid document for issuing license. They asked for EAD. So if your wife needs to drive she may have to get EAD.

    For your second question, I assume the PD is still current. If thats the case, I would suggest taking infopass and find out the status. If you didn't get any satisfactory info, contact your senator/congressperson , ombudsman, open an SR etc. Don't sit idle waiting for USCIS to act.




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  • ganip
    10-30 03:43 PM
    We applied for SSN today, they said the same thing that it should not be a problem to get SSN. But i guess the best option would be to refile instead of waiting for renewal as i plan to use my EAD and work.




    rahulpaper
    01-09 08:38 PM
    Effective June 2007, any agreement relating to recovering immigration fees from employees, or asking them to work for specific period after getting GC, are illegal. You can find details on the following link.

    http://www.lanepowell.com/pdf/pubs/ih_2007_002.pdf

    Thats interesting...will this new law cover agreement signed before 2007?




    NikNikon
    July 9th, 2004, 05:22 PM
    Alright, things are a bit clearer as far as what the numbers on my lens relate to. I was working well on my own in understanding the aperture's operation with the lower the f/number the more light let in and the opposite for the high. Where the light bulb went off over my head from what you explained is the minimum aperture settings in relation to the zoom. That would explain when I have my current lens opened up to 70mm why couldn't stop down to 3.5, I knew there had to be an answer. Thanks Steve, nobody clued me in on that piece of info. I think my next function I'm going to try and master is working with the camera's exposure lock, probably why the sky looks blown out in some of my pics. I'm still up in the air about 28-200mm, maybe I'll sell a kidney and get one that stops 2.8.



    OK...so your main interests for this lens are landscape, concert, and sports phototography. First off, when I say the lens is variable aperture from 3.5 to 5.6, that means at the low end f the zomm the aperture will be 3.5. At the long end (200mm) the aperture will be 5.6. The higher the number, the smaller the aperture. The smaller the aperture, the less light gets let in. When less light gets in two things happen, your shutter has to be open longer. and you get more DOF. This will effect your intended shooting situations. Concert photography requires large apertures (smaller f#s). So shooting with that lens in a concert setting will be difficult on the short end, and almost impossible the majority of the time on the long end. 5.6 will require a very slow shutter speed in that circumstance. Same for indoor sports. For landscapes and daylight work, you should not have a problem.....hope this helps a little.



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