Friday, July 1, 2011

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  • arkrish68
    09-28 12:06 PM
    Received the physical card and the welcome notice on mail yesterday for self and welcome notice for my wife. Status still under initial review for self and for wife it is under post decision.

    Came to US in early 2001
    Applied first labor in 2003 and labor went to backlog elimination center
    Joined another company in 2005
    Started new labor under perm process in 2006
    Labor and I-140 approved in 2006
    Applied I485 in July 2007

    Opened SR on 9/1/2010
    Went to Infopass on 9/13/2010, was told that we have to wait and we will get an interview letter.
    Contacted Senator's office - Told to wait for 4 week for someone to contact us from the senator's office, only 2 weeks has passed.
    Sent email to NSC follow up - ncscfollowup.nsc@dhs.gov
    Sent email to SCOPSSCATA@dhs.gov

    Either sending email to ncscfollowup.nsc@dhs.gov or SCOPSSCATA@dhs.gov should have helped in our case.





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  • tanu_75
    04-01 01:06 PM
    OK, DOS buffer issue.

    A. LAW. If there is no inventory in EB2 I/C (meaning demand). Theoretically DOS should make EB2 I/C CURRENT. DOS/CIS are not that dumb, or at least as dumb as before. I would say, they are very competent now and we should appreciate their work, pre-adjudicate, publish demand data (DOS), inventory data (CIS) processing time (DOS). THEY know, from PERM, I-140, there are at least 2K demand permonth from EB2 I/C. SO they will just safely move a couple of month of PD to make sure there is demand >2800 for India/China, so they don't have to make it CURRENT (per law)


    If it is the law that they need to make it current, then if they don't, they are opening themselves to a strong possibility of a class-action lawsuit.





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  • pmb76
    07-09 07:26 PM
    What you guys are talking about ... Walter reed is the best place for the flowers to go, with all what is going on in there ... the media will eat this news . DO not Cancel whatever you Do do not cancel instead call the media and let them know........... This is even better.

    Can we do a blood drive next as protest! seriously. Donate blood as protest and for media attention.

    I totally agree with this. A blood drive is a WONDERFUL idea. If we can get enough media outlets to cover this story it will send the right message to the Federal government. I think this will be HUGE. test101 - you are a genius !!
    IV core - please consider this.





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  • GCWaiter03
    05-25 09:34 PM
    GCWaiter03 - Thanks for very much.
    Can she go back immediately after filing I-485 to come back in August.

    gc_hopful


    Yes, she can go to India once she filed her I-485.



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  • gc_check
    01-30 09:55 AM
    Hmmm - not sure because, if the job requires that someone must have security clearance - the job must clearly mention that someone with security clearance is needed. What is the point in hiring a citizen without security clearance (unless they want you to get clearance aftewr hiring)

    Non discriminatory postings look like this
    (1) Authorized to work in US for any employer
    (2) Requires a security clearance

    One cannot specifically say - I don't want EAD or GC or I want only Citizens.

    Desi3933 and other knowledgable folks out here - please write your comments. I hope I am not worng.

    Agree, One must not specifically say - "I don't want EAD or GC or I want only Citizens" and they need to specify the reason like you had mentioned. But you never know, the Dice and other job posting sites, just post what ever the client submits. With premium accounts, you manage the posting and I do not think, these sites control the contents. I also surfed the company website, and looks like they do have some federal clients and based on VA. It looks more like a clerical error than intentional posting. May be, an email to the HR of the company, with supporting links that does not encourage such posting legally will educate / prevent such posting in future. Any other members with in depth knowledge on this.. post your comment. Also job websites like Dice / Monster, etc...should ensure Quality of posting rather than having a disclaimer :)





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  • Hunter
    05-09 01:22 PM
    The percentage of people here are a very small percentage of that 25%.


    H1/L1 restrictions are not going to encourage american kids. It does not impact their thinking. Maths, science are tougher subjects for kids. Kids in India were pushed by their parents to study science in search for a good career. Kids here have a lot other avenues which are more attractive to a kid. Kids do not understand L1/H1. 90% of adult population here does not understand H1/L1. REstricting H1/L1 will not influence a kid to take up science and engineering.

    I have news for you (and the certitude with which you make your claims here are laughable). Computer science graduation rates in US went up this year by 6-8%, because the visa caps since 2003 remained at 65000 instead of 195000 creating some demand here. I personally know kids who wanted to go to Computer science, but went for other areas like health care because of the lack of offshoring/H1 etc. If the crooked Indian offshorers and fly-by-night operators are not driving down the wages, more americans will go to computer science, as they would go for a career as MD or Pharmacist or lawyer (almost all those careers need at least 6-8 years of college). They also know that professional associations like AMA or APhA wouldn't allow importing foreign workers by corporations/hospitals on a scale that H1-bs are imported in IT area

    Based on my experience, I wouldn't say that Indian kids have any special skills in maths or science compared to americans. Contrary to what you claim, people are aware of H1s and offshoring(may be so much on the exploitation of L1) as they talk to friends and family and guidance counselors at school. Most of the IT jobs were Indian H1-bs are employed doesn't even need computer science or engineering degree. Some of the best architects I have seen in IT didn't have a computer science major. A green-horn from TCS/INFY with a computer science degree and pretending to be an architect doesn't mean he is the best IT professional available in the market.



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  • leo2606
    07-31 07:19 PM
    What happens if we type incorrect A# on spouse application, are they going to send RFE or case will be denied?





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  • transpass
    08-20 08:47 AM
    This is the email I got.

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Your Case Status: Post Decision Activity

    On August 19, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

    There is no change in my wife's 485 status. But her EAD is approved. There is no mention of card production in the email. Looks like lot of people got the CPO email directly with post decision activity. Can somebody confirm the sequence in which it happens? How long does it take for the card to arrive? How long will it take for my wife's 485?

    'Notice sent' under 'decision' activity - Most likely means they mailed you welcome notice...
    'Notice sent' under 'post decision' activity - Most likely means they mailed you the card...



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  • gc_chahiye
    06-25 05:29 PM
    it coul dmatter..if the histrionics of teh last 2 years are repeated...

    that is actually true. My heart goes out to the people who were stuck at a date for an year and a half, and all of a sudden that date jumped two years...

    I asked my lawyer this, and he said that per a USCIS (Pearson?) memo you can change the underlying I140, but it applies to the same person. This is called interfiling. He said some people have taken this to assume that you can also request that underlying I-140 be changed across applicants, and primary-derivative names be flipped, but he is not sure if this will work, he has never done this in any case so far, and its a grey area.





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  • kshitijnt
    07-13 02:30 PM
    I pity Gonzales now, may be Chertoff called him up and said why on the earth is he responding to flower campaign? Or may be Walter Reed Soldiers refused to accept mourning flowers. LOL....

    I smell something fishy... is it just me???


    If that is a case then maybe Chertoff needs some flowers



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  • gccovet
    11-29 12:44 AM
    bump





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  • CADude
    09-20 04:12 PM
    USCIS is not prepared for anything. if this works then great. if not i tried didn't work out.... :)

    I fully agree that USCIS should work FIFO, but "should" does not make that happen. Clearly USCIS is not equipped for FIFI when truck loads of applications arrive. We may complain now, but I believe we should give them additional 10 days they need (to make it 90 days). I am equally worried about my July 2 filing. Nevertheless, I wish and hope the congressman's intervention helps.



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  • abhijitp
    07-31 07:41 PM
    I doubt that. Medical was relaxed since it can take time for people to get the medicals done. Also immigration doctors were all busy at this time. So it is possible that people arent able to get the meds done by the Aug 17 deadline. The other documents like EVL shouldnt take this long. If the employer is willing to provide future employment to someone then it should be sent along with the application. Whether USCIS will relax for lack of Initial Evidence other than Medical is hard to say. It is always better to be safe than sorry.
    I was joking. Considering how AILA is touting its role in the negotiations that reversed the July VB fiasco... they should be on top of this issue now, as it was lawyers, not laypersons like us, who decided to submit without proper documents e.g. EVL





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  • jonty_11
    06-29 04:41 PM
    Is there a phone number we could call and ask about the Mid Month Retro..that AILA ihas announced.?

    ANyone knows a DOs cnumbers where they actually answer calls...?



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  • GCneeded
    01-14 02:49 PM
    Sent letters to WH and IV. Thx





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  • letstalklc
    08-27 01:01 PM
    I called Vonage Customer service , If you signup Vonage World there is no 5k Min. limit. Its unlimited. Guys please don't post the wrong info.

    Pal351 - It's not wrong, what I said based on my chat and call with customer support and they confirmed the smae that 5K limit per month for Vonage World Residential Plan .

    Click below link and look for 5.4 for the same

    http://www.vonage.com/tos/?refer_id=WEBSR0706010001W1

    for your information I am pasting the same from Vonage website

    ------------------------------------------------------------------------------------------------------Inconsistent with Normal Use.
    If you use the service or the device in a way that is inconsistent with the normal use for your service or plan, you will be required, at Vonage's sole discretion, to pay the rates for the service or plan that would apply to the way you used the service or device, or terminate the plan. For example, if you subscribe to one of our residential service plans, and you are notified that your usage is inconsistent with normal residential use, you may thereafter be required to pay our higher rates for commercial service for all periods in which your use of our service or the device was inconsistent with normal residential use. More than 5,000 minutes per line per month for unlimited residential calling and more than 10,000 minutes per line per month for unlimited small business calling will not be considered normal use. The creation or use of related multiple accounts or excessive residential lines to circumvent these levels shall also be considered inconsistent with normal use. Usage over these levels or other inconsistent use will result, in Vonage's sole discretion, in immediate mandatory transfer to another appropriate plan, suspension or termination of service. You acknowledge that if your service is terminated under this provision, you are subject to all applicable termination charges. For a non-exhaustive list of examples of uses of our service inconsistent with normal residential use, click here.

    Commercial, not-for profit, governmental use or other similar useThe use of the service at a multi-residential address for more than one single residence; orThe use of the service by others who do not reside in your personal residence primarily by reason of its unlimited feature

    -------------------------------------------------------------------------------------------------------

    Hope above will clarify......



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  • gotgc101909
    10-26 11:57 AM
    We (me & my wife) got approved on 10/19/2009 and received cards on 10/24/09
    my priority date: jan 12 2005
    Categoty: EB2 India

    Good Luck to all who are waiting in the queue.





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  • DallasBlue
    09-27 02:18 PM
    http://www.ailf.org/lac/lac_pa_chrono.shtml

    http://www.ailf.org/lac/mandamus-jurisdiction9-24-07%20PA.pdf

    1. What are the general arguments that the government makes to dismiss a mandamus/APA case for lack of jurisdiction?
    The government�s motions to dismiss for lack of jurisdiction are filed pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure (FRCP). The government generally makes some combination of the following four arguments, all of which center on alleged agency discretion with respect to adjudication of adjustment applications:
    � That USCIS does not have a duty to adjudicate an adjustment application and therefore an essential element of the mandamus claim is missing;
    � That the pace of adjudication of an adjustment application is discretionary and therefore not subject to mandamus relief;
    � That adjudication of adjustment applications is committed to agency discretion by law and not subject to APA relief; and
    � That 8 U.S.C. � 1252(a)(2)(B)(ii), which limits judicial review over certain discretionary issues in immigration cases, bars review of these mandamus and APA cases.


    2. In responding to a motion to dismiss, can I argue that at least some of the issues raised by the government are not jurisdictional?
    Yes. An initial response to a government motion to dismiss for lack of jurisdiction is to question whether, in fact, the government has raised a jurisdictional challenge. The Supreme Court has distinguished between jurisdiction � which is the court�s power to hear the case � and the sufficiency of a valid cause of action. See, e.g., Steel Co. v. Citizens for a Better Environment, 523 U.S. 83, 89 (1988); see also Ahmed v. DHS, 328 F.3d 383, 386-87 (7th Cir. 2003) (distinguishing between the court�s power to adjudicate the case, which is jurisdictional, and the court�s power to grant relief, which is not jurisdictional).
    The failure to state a valid cause of action calls for a judgment on the merits and not for dismissal for want of jurisdiction. Bell v. Hood, 327 U.S. 678, 682 (1946). The Supreme Court has made clear that:
    �jurisdiction � is not defeated � by the possibility that the averments might fail to state a cause of action on which petitioners could actually recover.� Rather, the district court has jurisdiction if �the right of the petitioners to recover under their complaint will be sustained if the [ ] laws of the United States are given one construction and will be defeated if they are given another ��
    Steel Co. v. Citizens for a Better Environment, 523 U.S. at 89 (quoting Bell, 327 U.S. at 682, 685). Thus, one court has held that in resolving whether mandamus jurisdiction is present in an immigration case, the allegations of the complaint are taken as true (unless patently frivolous) to avoid �tackling the merits under the ruse of assessing jurisdiction.� Ahmed, 328 F.3d at 386-387.
    Applying these principles, the Seventh Circuit held in Ahmed that the question of whether a statute imposed a �duty� on the government for purposes of mandamus relief was not a jurisdictional question. As the court explained:
    [T]he district court has jurisdiction under � 1361 [the mandamus statute] to determine whether the prerequisites for mandamus relief have been satisfied: does the plaintiff have a clear right to the relief sought; does the defendant have a duty to perform the act in question; and is there no other adequate remedy available. � A conclusion that any one of those prerequisites is missing should lead the district court to deny the petition, not [for lack of jurisdiction], but because the plaintiff has not demonstrated an entitlement to this form of extraordinary relief.
    Ahmed, 328 F.3d at 386-87.
    Thus, where the government claims that jurisdiction is lacking because a prerequisite to mandamus is missing, the plaintiff can respond by arguing that this is not a jurisdictional question and cannot lead to dismissal under Rule 12(b)(1). Most likely, you also will want to address the substance of the challenge, also, as an alternative way to dispute the government�s motion. See, e.g., � 3, below.





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  • krish2006
    09-10 08:23 AM
    I got RFE to submit employment history and AC21 details. My previous employer had file I-129 for my H1 and this triggered the query as per RFE Letter.

    Update Profile my Priority date is Apr 2006

    How can your previous employer can file I-129 for your H1B when you are not working for that employer? or you meant to say Your previously filed I-129 was amended so that some one else can use your H1B. I dont understand your RFE issue here





    gc_on_demand
    03-31 09:13 AM
    I think you have wrong info... Last year, EB2 I&C did receive spill over from EB2 ROW, EB1 (~3K), EB5.. Also from reading other posts it is my understanding that in fact there was NO spill over from Family Based.

    I could be wrong though!!

    May be I am wrong. I want to be wrong since I would like to File for I 485 , but this is from DOS site, can you share your source ?

    http://www.travel.state.gov/pdf/FY10AnnualReport-TableV.pdf

    Table V (Part 2)

    You will see total at the bottom of this page.

    E1 = 41,026
    E2 = 53,872
    E3 = 42,431
    E4 = 11,048
    E5 = 1,885 [Table V (Part 3)]

    If allocation for 2010 was like below then EB1 gave us 1 k ,

    E1 = 42.5
    E2 = 42.5
    E3 = 42.5
    E4 = 11.5
    E5 = 11

    Then Eb1 gave only 1k. E2 ROW didn't give any. Eb2 India / China got from Eb1 and EB2 row is because of overflow from family based.

    We are lacking those number this year. I would say if we didn't have those 10k family visas spill over would be only 10k for 2010.





    Ramg
    08-21 05:56 PM
    One can also sign-up for Annual Pre-Pay with Vonage which will cost $20 per month for the same World Plan. Vonage - Support - Annual Pre-Pay (http://www.vonage.com/support.php?keyword=AnnualPrePay)

    Just pay $240 upfornt. I did the same. Now all the features of Vonage World for $20. :)

    Today I asked the customer service, they told me, I have to 315 dollars for annual plan. 239.99 + taxes = 315 dollars



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