Thursday, June 30, 2011

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  • wantgc23
    09-24 11:21 AM
    Bharatpremi,

    Thanks for the excellent analysis. One question, your analysis assumes category excess visas goto next category on a per country basis, is this correct ?

    Example, EB-1 china number goto EB-2 China ? I thought all EB-1 China numbers are added to the excess pool and then given to most retrogressed EB2 category ?

    Thanks for anyone who clarifies this.

    No matter how the data is sliced and diced, being EB3-I certainly means a loo...ong wait time ... :)





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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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  • sunty
    10-01 12:29 PM
    He is right, but the problem is, USCIS and DOS has always done spill over only at the end of fiscal year and not quarterly.
    Now who will go and tell them to read their own statute again and reinterprete?? (like the spill over that was done vertical for several years until they realize, "it needs to be horizontal by our statute!!")


    Valid point. So its important for us to find out how was DOS reminded of the correct vertical spill over rule and we (IV) should follow the same.

    I don't know why IV is silent on such an important issue. I think I am missing something. Please IV core, any answers on this specific issue ?





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  • piyu7444
    08-24 01:27 PM
    If you give my reference we both will get 2 months free.

    Srikanth Vadlakonda
    972-798-0307 (H)
    friend.

    I think you need to send an email via vonage account to refer someone and the system automatically gives your account a credit when the other person signs up. Dont know if you can give a phone # and say that MR ABC should get the benefit of 'refer a friend'



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  • trueguy
    08-21 12:26 PM
    We need some numbers to back this up. I think you are saying EB2 will not become current even with the recaptured number. There is another thread for requesting numbers from USCIS about pending applications per category, per country. So, participate in that campaign as well.

    We need the numbers. I would have guessed roughly 50% of pending 500K applications are from India, 50% of that is EB2, so recapture of 200K visas should help.

    I am saying Recapture will only help EB2 and not EB3. Bcoz all the recaptured numbers will be used by EB2 first. So EB2 dates will move forward and then people with PD in 2007 and 2008 in EB2 will use up captured numbers and EB3 will still be waiting to get any leftovers.





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  • arunmohan
    08-22 03:05 PM
    Ron did not mention anything about EB3-I. Could we assume that same answer would apply to EB3-I too?:(



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  • chanduv23
    03-24 10:47 AM
    Your response would depend on how badly you want this job.

    Most times the hiring staff doesn't know the law and are too lazy. Anything out of the ordinary, they just reject.

    If you want the job, you don't want to appear like a trouble maker. So, you could just write back politely that you were surprised by the disqualification since the Department of Homeland Security (do not write USCIS) had issued the EAD and enquire if they know that DHS guides employers against discrimination towards EAD holders. You can mention or attach form I-9.

    Alternatively if you want to hold their feet to the fire, you can contact a lawyer. Hiring a lawyer should get their attention. Let the lawyer contact them. And also let DHS know about this employer. Write to them.

    In any case, we cannot let employers come up with their own laws after we have gone through so much to get to the EAD stage. The law is the law and we are following it.

    Do we have direct online link to this information?





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  • Nil
    01-04 11:45 PM
    Very true - ultimately naturalization is the goal for many. Green card is the only first legal step.
    Hopefully far-sighted folks will support this thoughts.



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  • mallu
    01-27 10:42 PM
    .....
    We all have choices so if you do not want to get transit visas just choose a route that precludes the need for one. Ten pages bad mouthing the UK is not helping anyone it is just antagonizing those of us who originated there.
    .....

    Right. Anyone at receiving end of 'terrorism' will be extra cautious. It is the right of the country to decide who visits/transits and the requirements for such visist. And others need to understand that. At the same time govts need to compassionate also .





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  • indianabacklog
    06-18 08:10 PM
    Why do we need 325A?- i thought this was for people in illegal status. Our son entered the US on valid H4 visa. Also do we need to request in application to attach the file to mother or anything like that. I will give the USCIS a call and share that information here if I find anything more.

    thanks
    krishna

    I was unable to file for my son since he aged out over a year ago because of long delay in labor cert. However, I filed for my spouse and we both submitted G325A in accordance with instructions from my international services division at work.



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  • abhijitp
    07-31 02:59 PM
    Pappu, special thanks for researching this topic, and posting updates regularly.

    Last week I too consulted a high profile (about $200 per 15 minutes... you should be able to guess, I am not sure I am alowed to mention the name) lawyer to discuss this issue. To give you a brief background, my lawyer did not include the Employment Verification letter
    1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
    2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.

    Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got last week.

    Thanks!





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  • augustus
    06-29 05:21 PM
    In America, Lawsuits are filed for mental agony. The agony we all go through to come out as a permanent resident is over the top.

    Any issue, any matter, if there is mental agony, people here file for lawsuits. Heard in the news recently that airport security officials asked a woman to throw her baby's milk bottle and she was all over in the news and crying her wits out at the agony she had to go through just for security officials asking her throw her baby's milk bottle.

    Here, our life hangs by a thread. We are used as puppets. Cheapest people on earth. And no one is there to even cover our news. Paris Hilton takes the front page and millions of people whose life's on hold is not an issue.

    Where is the American Dream I ask?



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  • gbof
    08-18 11:34 AM
    Awesome.

    Ya, journey ended well.

    .... If there is any sequence after Approvals, expect it this way: CPO/approval ADIT/Welcome mail (mail), Post decision/ Last processing Action= this is the date they mail cards and check/hope to find cards in mail box in 3-4days (DON'T discard as they look so very ordinary envelope....)





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  • GCKaIntezar
    05-25 08:27 AM
    Can somebody please answer my question?? does anybody have experience filing the I-485 themselves instead of using a lawyer???

    also, what is advance parole?? and why it is needed?? Thanks


    I think you should be able to file the 485 yourself. The form is simple. If you can get a lawyer to do it and get all the appropriate 140 approval docs- the better, but I don't foresee any issues "doing-it-yourself".

    Advace Parole is a travel document that lets you return back into the US without a H1B stamp on your passport. The AP has to be renewed every year along with the EAD (employment authorization doc) card.

    Hope this answers your question. -- Now lets go back to sending faxes and calling senators.



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  • asethura
    08-19 01:25 AM
    Hi All, I had a quick question.
    My I-485 got approved earlier this week from NSC and I received the approval/welcome letter by USPS.
    My online status is at post-decision activity and not at CPO.
    Though my welcome notice says that I should receive the card in 3 weeks, I am wondering if I need to be at CPO status before that happens....also I read somewhere they may require another FP before CPO (that was talking more abt transfer cases, but mine has always been at NSC).....but nowhere in my approval notice does it ask for an FP.
    I was wondering if I should just sit tight and wait for the physical card or try to find out more information.
    Thanks so much.





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  • addsf345
    01-13 03:56 PM
    Looks like Obmudsman office have acknowledged the problem. Just read this on their site

    ......
    However, the Ombudsman understands that USCIS may deny the Form I-485 in cases of portability (the ability to change jobs) before first issuing a Notice of Intent to Deny in certain limited circumstances. These include, for example, where the beneficiary is ineligible for the benefits of the Form I-485 by statute, or the Form I-140 is withdrawn before the Form I-485 was pending for 180 days........

    http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm

    Once again a big Thank You to all of the volunteers behind this campaign.


    Good News! Thank you for sharing. This shows that if we are united, we can have our complaints heard. Those who started this thread, pursued, promoted and participated, you all ROCK!

    A BIG THANKYOU!



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  • dwhuser
    10-09 07:25 PM
    B+ve,

    cases that doesn't get approved together in a family takes longer...

    SoP

    Why do you think so...coz I'm in that state. My spouse who is the primary applicant got the card and my application is still in review ???





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  • whitecollarslave
    03-26 06:47 PM
    You still did not get it. Without evidence of discrimination it would be difficult to fight against... Forget this for a moment, in any law based battle you have to have a evidence. It is not that I do not want to fight or somebody do not want to fight. How could you make the base for fighting? This other guy, with his sheer luck (And with Capital One's stupidity) could get written evidence and so he has a valid base to fight against. And without evidence, whatever you write to whomsoever authirities, it would just be a blabbering. Even as one platform if IV decides to fight against this, IV team (Or lawyers whom we appoint) will ask the evidence first to make the case. Other thing, do not forget, what we could achieve in July 2007, the base was definately a first screw up from USCIS ( That is an evidence...). Once that screw up happened we could right away make it a reference and could make it a battle point.. Do you still understand or you do not want to understand?

    I do understand that without evidence you can't fight the conventional way or file a law suit. It would be difficult, if not impossible. I am not debating that. I never said it would be easy. Even with evidence (in case of Capital One), one can argue if thats a good enough base for fighting and whether it will do any good if the case is won. Thats not the point.

    What would you do if a recruiter or employer told you (verbal or writing) that it is their policy not to hire Indians? (I am just using India as an example).

    Regardless of written evidence, I would be inclined to do something about it. I am not saying that I will file a law suit. I would probably not even want to work for such an employer. But I will not be speculating that oh, there must be some loophole that allows employers to have such a policy; because many of them are saying that, it must be legal. I will not assume that they can do this under "Hire and fire" authority. We just seem to have a little difference in opinion about that. We agree on pretty much everything else. Thats all. And frankly, its good to have an opposing perspective on things.

    Now, if I hear from experts that my understanding of the discrimination laws is incorrect and that it is legal for an employer to say that they will not hire somebody with EAD, I'll just shut up. Until then, I will encourage people not to be quiet and to call the hotline, file a complaint, call the media, and pursue whatever means we have at our disposal to fight what we consider injustice and fight what we believe is discrimination as per the law.





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  • skd
    07-11 12:26 AM
    yes, he speaking about problem faced by all of us





    Libra
    01-11 09:33 AM
    this thread need to be on top.
    guys, take 5 mins of time this weekend and mail your letters. please show support for IV.





    eb3_nepa
    01-07 11:35 PM
    Quick question.

    IV has asked for 2 copies, one to the President and one to IV. Couple of questions on that.

    1) Does the letter addressed to the President need to be in a seperate stamped envelope?
    2) What is the reason behind 2 copies?



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