Saturday, October 1, 2011

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  • pappu
    11-22 07:50 PM

    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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  • gpawar
    01-14 02:16 AM

    I'd appeared for my H1B (F1 to H1) Visa interview on the 4th Jan at Mumbai. After almost 4 hours of waiting, the visa officer told me that they were unable to view/ verify my I-797 info as it was not updated in their Database. I was also told that this is an existing issue and that I should ask my company lawers to contact the Immigration Services office at DC. On being asked she told me the eta was 7-10 business days (or however long it takes for the info to get updated). I was then given the yellow slip and asked to submit my passport for stamping, after I receive an email indicating that my data is now updated. it's been 8 business days since my initial interview and I still haven't received any emails or calls.

    1) anyone who interviewed on or around 4th Jan who has received a call or email?
    2) Anyone who's aware of the procedure by which my company can expidite this issue (maybe through our lawyers)
    3) any additional info on how long the wait might be?

    I was told that on the 27th dec there were about 350 H1b pending cases (yellow slip) at the Mumbai consulate and around 150- 200 similar cases the following days. A freind of mine who appeared for his H1b interview on the 7th breezed through it with no issues.

    Thanks very much!

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  • americandesi
    03-24 05:50 PM
    I've seen many job ads asking for US citizens or GC holders only. That implies that EAD and H1B holders cannot apply. And at the same time at the end of the ad, u can see a text that says "xxx is an equal opportunity employer". Though both the statements are contradictory, companies post such ads. Not sure though if companies are allowed to have such policies. If so, why?

    Pls refer the link from DOJ posted above. It clearly states that "US citizen and "green-card" (i.e., permanent resident) only policies are generally prohibited, unless required by law, regulation, or government contract"

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  • Robert Kumar
    03-29 02:56 PM
    My priority Date is EB2 May 2006. I will be current if the dates got moved.
    I will be out of the country for the entire month of May.
    Please let me know if it is acceptable to be out of the country during 485 approval.
    Also please let me know what I need to do at the port of entry.

    May not be acceptable. As soon as your dates become current, I guess you will be eligible to file for 485 on May 1st. and you must.
    Come June 1st and if they retrogress, for some reason, you will miss it.
    Better check with your attorney, but I think I'm right.


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  • roseball
    09-24 08:39 PM
    Any body know why there are 3341 cases in March 2005 in EB2 I category, is this about the time PERM came?With out quarterly spill over bulletin is going to get stuck in March 2005 till the end of the USCIS financial year.

    Yes, PERM was introduced on 28th Mar'05. I guess the high number of EB-2s was due to employers rushing to file under the old system.

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  • ItIsNotFunny
    11-20 01:34 PM
    Bump ^^^


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  • dilipcr
    06-14 01:54 PM
    rsharma, l1fraud,

    There is nothing wrong in reporting fraud.
    However your argument that you are reporting it since you cannot tolerate fraud isn't that convincing.

    If you were always against injustice/lawlessness, you will see a lot of it in your daily life. Do you report or take action against each of those ? I don't think so.

    After living in India for long and seeing people put up with all injustice and sometimes doing it themselves, it is hard to believe your argument that you are doing it just for the sake of law.

    I does not matter whether we are exposing L! fraud by these outsourcing companies for the love of law or pure selfishness. As long as there is a greater good out of one's intentions it does not matter what my intentions are.

    I am an architect now and i know for sure that this profile is no longer immune to outsourcing. I am ok with that. I am reconciled with that fact and I am moving on to another field. However, my point is, if you want to outsource take the job to the low wage country. Do not bring low wages here. I am ok if outsourcing would increase because of the Grassley bill. I am not ok if the low wages are dumped in here. I hope you people see the difference.

    My self interest in preventing this dumping of bodies is to ensure that this doesnt happen in the new field I am entering into. Remember, most aspects of manufacturing are outsourced to China. However, I do not see the chinese companies dumping in low wage manufacturing workers here.

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  • CADude
    09-25 01:45 PM
    Recent approved 140s (i.e. sept 2006 or later) has A#. Not all Approved 140 has A#. So don't worry. Earlier applicants used to get A# after filing AOS. Still in AOS process, CRU[one dept of USCIS] will verify the written A# or assign new to each applicant.

    on my i-140 I have A#


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  • EB2DEC152005
    08-19 08:40 AM




    PRIORITY DATE: DEC 15 2005

    JUST NOW GOT Card/ Document Production EMAILS.

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  • coolman
    08-19 07:58 PM
    Got our green cards today after receiving decision emails on Aug 10th.


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  • mirage
    06-21 11:12 PM
    I haven't read colored copy of any document in any instructions yet, then why are lawyers asking for colored copies ???

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  • gk_2000
    04-01 01:20 PM
    Thanks Admin.Most people know here that reds and greens have much to do with admins here.

    Yes, because there was no other way I could rack up 2300 minus points. I find this game as silly as it is irritating, but letting them know it doesn't work with me anymore. Yeh unka bachpana ka nishana hei.. They're just being kiddish


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  • snathan
    08-26 11:58 AM
    I just switched from Teleblend to Vonage. This is the first time and don't have any experience with them. I talked with them yesterday and their customer service is connected immediately and they are good (for now atleast). I was a lingo customer long back (before sunrocket) and their customer service is horrible. I tried to switch to lingo when Sunrocket was closed and had a bad experience with customer service rep that time too. I decided not to go with lingo ever (what every offer they have). I may consider go back to teleblend, if they have a good deal OR any problem with Vonage.

    When you want to join vonage or customer you will have good exp. Try to cancel or select the option to cancel and see.

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  • sparky_jones
    01-26 01:05 PM
    My experience with British Airways back in 2004 was actually quite good. My flight to Delhi was delayed by 12 hours. I approached a BA agent, and he helped me get a 24 hr UK visa to leave the airport, a hotel room at the airport, and meal coupons. I was traveling on Indian passport with a valid unexpired H1B visa stamp (the agent did tell me that he was able to do all this for me since I had an unexpired US visa).

    I was in a similar situation in 2003 travelling with Air France, and they refused to extend any help whatsover. I didn't have an unexpired US visa in my passport at that time. I have heard from others who've had good experiences with Air France.

    I guess one's experience with an airline completely depends on the prevailing circumstances, the specific service agents, and one's own level of patience and tolerance. Its hard to characterize any one airline as particularly good or particularly bad.

    However, having an unexpired US visa in one's passport definitely puts one is a better position to negotiate in difficult circumstances. I guess the prevailing opinion among several of these European transit countries is that if you have a valid unexpired US visa, you are less likely to cause trouble or seek asylum in their country.


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  • chanduv23
    07-09 08:48 PM
    Hello all
    I am a silent visitor of this website.
    Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
    Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??

    Please try to understand their problem.
    Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????

    My sincere request, please don't do rally, you might be never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???

    Isn't it a shame on us to go for Rally to get GC?????:D

    Just think that you will get it when time comes, otherwise pack up.

    Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.

    EB2 India
    I140 approved-Sept 2006

    Nice joke - comedy

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  • gcbeku
    08-13 02:46 PM
    got the approval notice (welcome notice) today.

    CPO email: 08/06 (online case status: Card/Document Production)
    approval notice email: 12 hrs later (online case status: Decision)
    soft LUD: 08/09
    approval notice snail mail: 08/13


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  • BharatPremi
    03-25 04:04 PM
    I knew friends in Kaiser who were hired on H1 and got GC through Kaiser..
    How the hell can they justify filing new GCs, but not accepting EAD!?

    All these requirements are Position Specific. Before publishing externally, most companies (HR) decides the policy first for an example to which kind of person they will hire for this position like " We will not consider H1 for this position" seeing the "Critical and essential need of "blah " blah"..." And they then follow it. So it may happen that one person gets an answer " We do not consider EAD holder for this position.." and next month you may meet somebody (EAD Holder) working for that company on EAD but for different position as company made apolicy to hire EAD holder for that particular kind of position.

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  • english_august
    07-09 07:30 PM
    Very good. Please post this message to the front page of IV.

    Core team should do that any moment now

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  • waitnwatch
    08-21 12:11 PM
    The law unambiguously states that for employment based categories - EB1 spillover should first go to EB2 and whatever is not required by both EB1 and EB2 will spillover to EB3. If the USCIS has been doing something different previously they were actually not following the letter of the law.

    Here are the relevant sections of the INA which unambiguosly states the above.

    Here is what Section 203 of the Immigration and Nationality Act states -

    EB1 -

    (1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............

    EB2 -

    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -

    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............

    EB3 -

    (3) Skilled workers, professionals, and other workers.-

    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........

    07-09 09:19 PM
    why do you keep parroting the pro USCIS, pro -antiimmigrant line all the time?
    there are times when your realism makes sense, then there are others when it's plain silly.
    this was not a mistake. this was not an accident.
    civil servants do not show up on weekends by accidents. and they do not do 6 mnths of work in 15 days by mistake.
    it was intentional, directed and planned.
    you can believe whatever motives you want and you can sympathize with uscis till kingdom come. but pleaaasee don't tell me it was a random event, some act of god that is our destiny or such crap. please!

    well said.

    05-25 09:55 AM
    All you said is correct, except for you don't need Hepatitis B if you are over 16. No, there are no more tests involved, unless your tb is positive. If you tb is positive you need to do chestX-ray. I know that because I was just doing the tests for myself. Varicella must be taken twice 30 days apart. Same applies to MMR.

    I hope this helps. If you go to a good doctor, he will give you a complete list of things that you need to do before coming on the medical exam.


    My immigration doctor told me that if i had chickenpox in childhood i do not need the varicella vaccine? Which i did at age 5. Please, let me know if anyone else was told the same , i will be going back to him on Wednesday for the physical exam. I don't want to get a RFE on that.

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