Saturday, June 25, 2011

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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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  • rajeshalex
    10-01 04:34 PM
    We can suggest this to ombudsman. Its wastage of time and money on the applicant and the USCIS(tax payers money)




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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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  • msgoud
    03-08 12:40 PM
    thats what gist of it i was not there
    the vo seems to be saying that last time when he went to stamping he filled his client details like where he working and which was az at that time and this VO was saying now you are working in NJ ,the confusion seems to becaused by the clinet letter in which his manager wrote that he directly reports to him as consultant,VO is assuming that he working here without preoper documents,atleast that what i understood:confused:.



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  • gsc999
    07-15 08:23 PM
    I know we have to do a lot of work to get coverage but I was just saddened at the behavior of the bigwigs. They know the news and yet chose not to report it.
    ---
    - All the local Chinese newspaper carry this event on front page
    - We were on local KTSF TV, thanks to help from our Chinese friends
    - We were local KTVU 2 TV channel at prime time
    - We have been covered by local print media like Mercury news
    - We have interviewed with local radio stations
    - We had reporter from Associated Press cover this event
    - BusinessWeek wrote an article about us

    Mind you this is Silicon valley not some countryside suburb in America.

    I encourage you to collect these links and post them in the existing San Jose rally thread so people understand the real breath of media coverage that this rally actually received. Our volunteers are too exhausted from yesterday's event your help will be appreciated.




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  • mayhemt
    09-13 03:21 PM
    Whom are you going to sue? Which 'LAW' did they break? Yes you can sue federal agencies or any government agency (up to certain extent), IF you can prove they are breaking law.

    Unless they are breaking some law, chances of winning or even getting a class-action status are very very bleak. Not to mention, the additional legal costs involved.

    Instead, like Pappu said, its better to concentrate our efforts on working with lawmakers....

    Disclaimer: I am not a lawyer, just quoted from common sense...I might be wrong..



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  • srkamath
    08-06 04:52 PM
    Friends, I Received the magic email today!

    Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.

    I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.

    What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?

    Thanks in advance.

    A green dot guaranteed for the response :)

    Some details:
    I-485 Receipt Date: July/2/2007
    I-140 Approval Date: July/3/2006
    PD: 02/02/2006

    There is a follow to join provision, i'm not very sure about the details but, i believe that you can apply for her 485 before you get your's approved.
    You might want to research this. Good luck.




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  • CantLeaveAmerica
    07-21 05:17 PM
    My wife and I received a similar RFE in yesterday's mail. It seems they do not have our form I-693 in their possession. Wonder why they took 2 years to figure that out though we had submitted all documents in its entirety at that time. Anyways, we will be redoing the medicals and sending them the form..an additional $500 for both of us!
    Back to your question, YES, we did both receive a letter for the RFE along with a yellow(gold) paper with the officer #, receipt #, reply by date (33 days if received by post), A# and the address for the sealed envelope from doctor to be sent to printed on it. The yellow letter has to be placed on the top. Btw, the officer # was same for both mine and my wife's cases.

    Please note that in the last paragraph, this is what it states: "You must submit the requested information within 30 days from the date of this letter (33 days if this notice was received by mail). Failure to do so may result in the denial of your application."

    Does this mean that there are some folks that may receive the RFE through email only and therefore will not receive the yellow(gold) paper in the regular mail? I dont know...

    Hope this info helps...



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  • delhirocks
    07-02 11:55 AM
    ah well...atleast I can get back to work now, my productivity had dropped many folds since this drama started.

    Its time to make money for my beloved employer.;)




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  • unseenguy
    06-19 07:04 PM
    Let me enlighten you folks here who are talking about double standards.
    First of all this has got nothing to do with with your immigration issue. Next, the Iranian President has said that Israel should not exist and even denied the holocaust. With their nuclear program underway and talks going on, it was being thought that a more moderate leader will come to helm. Apparently it is now being believed that the elections were rigged. With a moderate leader, it is quite possible that talks may begin and an imminent Israel-Iran war be averted. How can 11 million votes be rigged? If they are counted fast in a few hours, yes they can be rigged.
    Every country has issues that their population follows. Its no different than any issue that is followed in Indian media. When one issue dies down, another is brought in forefront. Why are you even surprised?

    Well, If Mahmoud Ahmedinejad is referring to genocide then he needs to be condemned and if people have chosen him then there needs to be international pressure on iran to change its policies. However, this election is about choice by Iranian people and their genuine will should be respected. Everyone knows that west hates current dispensation in Iran but best thing to do is not to poke nose in other's affairs. This is something west does often and world despises.

    The truth will ultimately come out. But is best left to Iranian people. The moment west sniffs an opening they are all for regime change where they dont like regime. They havent leanrt to live with and respect choices of people where it does not match their agenda.

    Past elections have been rigged in India , US , everywhere, so there is nothing new in this. Those who have the power will want to retain it.



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  • jvordar
    04-07 07:40 PM
    thnx CADude... did you had to provide job description used in your labor or your last H1? if not then did the new employer used their own description?




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  • lost_in_migration
    09-22 09:35 AM
    This was a good one!!

    http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-inline_21edi.ART.State.Edition1.427fa5a.html



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  • priderock
    09-01 05:51 PM
    Congratulations to those who got the "Card Production Ordered" email. Could you guys share if you had to go through a second finger print

    No second FP for me. first one in 2007. I had the very same question before. I gather that they are renewing the old FPs.




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  • NELLAIKUMAR
    02-17 11:50 AM
    Nayekal, Thanks for your response.

    What I meant to say is that my H1 is expiring on Sep 30th 2009 and therefore the earliest date I can apply for extension is April 1st. That's why I asked the question whether I can wait until April 1st for COS from H1 to H4 for my wife even though my wife's employment is ending on March 13th.

    Also, is it necessary to have the proof of I-539 receipt by March 13th or few weeks difference is ok? Can you please let me know your experience in this matter.

    Thanks...



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  • sunofeast_gc
    05-21 06:59 PM
    do we need to print I-134 back to back just like DS-156 or it's okay to have I-134 in two pages.




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  • kumarc123
    03-03 12:07 PM
    Hello there,
    This is great news although I have a question. My wife is a endodontist (dentist, speciality in root canal surgery), (H1, EB2 India). She teaches at a university and practises in there. She has some publications as well (she does not qualify for EB1, as we dont want to go for a tenure track) Will she qualify under this physicians bill? She has 6 years experience in this filed.


    Thank you



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  • ramus
    05-30 09:00 PM
    Bostn_gc, please help us..


    While other members helping you can you also help IV and send some web-faxes..

    Thanks.




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  • pd052009
    01-03 10:41 AM
    As this bill hurts big corporations, the govt may try something like this. But I sincerely doubt "Indian" Govt will seriously do something for this.




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  • ASR
    07-08 03:25 PM
    Get your wife to use EAD (and hold off on H1 transfer) and wait for your GC card. Many congratulations to you and have a great future ahead..

    New company lawer is not accepting EAD, even though we don't have written approval confiramtion

    How to conivince him to use EAD unti we got the phisical card?




    Tantra
    07-13 11:40 AM
    Please post a message here to help encourage more guests of join in.




    GKBest
    07-14 01:45 PM
    I too am surprised to see Philippines being on top of the GC Allocation when in fact only a few are applying for skilled categories in comparison to India and China. What you said about the Schedule A (nurses) now made sense.



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