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  • sammyb
    08-24 10:40 AM
    Am using vonage for lnadline for long as well used their European calling service in past - voice quality is very good - and now to India as well (to land line and cell) - quality is very good ....

    Hi all,

    After this new plan Vonage World, how about the connectivity and call qulaity?
    Guys please share your experience to help others who are planning to sign up.

    thanks all.





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  • drona
    07-11 02:33 AM
    Posted by the Journal News

    Visa mix-up brings flood of flowers in protest
    By LEAH RAE

    Hundreds of legal immigrants are resorting to a new tactic this week in their pursuit of green cards: sending flowers to the head of U.S. Citizenship and Immigration Services.

    The publicity stunt follows lobbying efforts and lawsuits protesting a sudden change in the rules that govern employer-sponsored immigrants. After rushing to submit green-card applications by July 2, the immigrants were told at the last minute to keep waiting.

    Notes being delivered to Emilio Gonzalez, head of USCIS, along with the bouquets skip over the pleasantries and speak directly to the bureaucracy.

    "Kindly do not return our I-485 petitions in July," the messages say, "and honor the original DOS visa bulletin."

    The dispute concerns a U.S. Department of State bulletin from mid-June, dictating who could apply for an immigrant visa. The application is the final hurdle in getting a green card, or permanent residency. Because of a backlog, immigrants spend years waiting their turn, but the unusual June bulletin gave most job-based immigrants the go-ahead to apply.

    Jakub Gorecki, who lives in Spring Valley, hurried to get his paperwork together in time. The thick packet of documents - medical exams, vaccination records, a birth certificate from Poland, a $325 application fee - was to arrive July 2 at USCIS, he said.

    But that morning, a new bulletin came out, canceling the offer. No applications would be accepted until the new fiscal year in October.

    The reversal sent Gorecki and others back to a limbo state.

    Continued at..

    http://www.thejournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350/1026/NEWS10





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  • overseas
    10-22 08:22 PM
    Many congratulations Inderman, enjoy your freedom.

    I've sent 7001 form to ombudsman and wondering how many days it will take to get a response from them. Can you tell us how long it took for you to get response and how did they contact you? Also after sending 7001 did you follow up by calling or mailing ombudsman?

    Thanks.





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  • Hunter
    05-09 05:40 AM
    I agree I too have never seen H1B only ad's anywhere even body shoppers never post this kind of ad which is blatant discrimination. .

    IGATE Mastech was fined by DOJ not too long ago


    http://www.theregister.co.uk/2008/05/02/h1_b_discrimination_doj_fine/

    Pittsburgh computer consultancy is paying $45,000 in civil penalties over claims it discriminated against legal US residents by advertising only for developers on H-1B visas.

    The case was brought against iGate Mastech for placing an ad for 30 programmers between May and June 2006 "that expressly favored H-1B visa holders to the exclusion of US citizens, lawful permanent citizens and other legal US workers" according to the US Department of Justice.

    So-called citizenship status discrimination is prohibited by the US Immigration and Nationality Act. The DoJ said it is "committed to protection the right of all authorized workers in the United States against citizenship status discrimination".



    Get your facts right before posting. mastech is not the only firm that did it. As you pointed out, many of these fly-by-night operators (and bigger outsourcing companies) offer below market salaries, pocketing the difference like parasites.



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  • 485Mbe4001
    09-13 01:09 PM
    Please dont use google it is a waste of time - FBI uses its own databases and looks for 'hits' in terms of derogatory information.

    Instead lobby for the following:-

    1) USCIS should have the authority to ask FBI as to why the namecheck is taking so long and provision to expediate name check if it is has been pending for more than 'x' number of years (probably 2 or 3 i guess).

    2) FBI should provide a reason for the delay. Most of the time (80%) the delay is simply because they dont have the time to open your file.

    3) Procedure to Pay $500-$1000 to expediate NC (1 week) with a yes or No result. this will all allow FBI to obtain resources to process NCs faster

    NC is the next bottle neck that we have to lobby for.



    If I search my "Firstname Middlename" there are 10000 hits in google :-). And I know for sure there are few murderers , politicians and movie stars(most of them are arrested atleast once for crime or the other :-)) who have the same first name and middle name as mine back in India.Last name is what makes the full name unique.

    My Namecheck was initiated Aug 4th as per TSC IO and is still pending.Looks like I am going to be waiting for a long time.





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  • MeraNaamJoker
    08-18 09:17 AM
    All,

    Received CPO mail today for self, wife but then after 30 mins the status changed to 'deceison' .
    Does this mean I am greened?

    EB2 - India PD DEC 22 2005. NSC
    I-485 receipt date: Aug 21 2007.
    Opened SR on 08/11/2010


    Yes, you are. The decision status happens when your wlecome notice gets mailed out. You will get that either today and within next couple of days. Mine also got changed like that, but only after 6 days.

    Interesting part is even after I got my GREEN CARD to my hand, it is still saying the status as DECISION.



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  • Das73
    05-17 06:32 PM
    doudou
    I 485 question
    ------------------------------------------------------------------------
    I am applying for AOS on a EB basis. My wife will apply along with me as a beneficiary. Unfortunately she worked on H1B for another company without notifying USCIS and on a different job capacity. What are the chances for her I485 to be denied? Do we have to mention that in I485 form. She is currently on H4 and is not working. Thanks.
    ------------------------------------------------------------------------

    When her employer applied for H1B means that he notified USCIS & got approved! She will be fine & she will get her GC along with you. No worries.





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  • karl65
    03-26 11:15 AM
    Unfortunately there is no law that clearly prohibits descrimination based on visa status (at least I am not aware of one). In fact the legal pressure is just for the opposite, that puts additional burden on the companies to make effort in hiring local workers first. The corporation can always say they have a policy to not hire someone with temporary work permit and there is no law against it. It is sad but that's how it is.

    Yes there is one. I was teaching Consumer Ed for ELL students (at high school level) and we were studying how to deal with interviews. According to the law (please refers to DOL agencies- They can help you) NO BODY can ask you if you are a citizen or legal resident during an interview. They can only ask you if you are authorized to work in USA legally. If they ask you if you are a citizen it is discriminatory and you have the right to do not answer explaining your rights. A good HR guy knows about that!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!



    So this guy from Capital One made a huge mistake to mention the EAD (he could be fired because repercussion of this email. Of course they can discriminate when they are going to make a final desition.It happens in USA a lot. If you have a pregnant woman probably you are going to choose one who is not. But this is not the point. The point is that if you tell the girl sorry but we don’t hire pregnant women they are death!!!!!


    Please find more information at DOL website. Many Universities have fliers explaining your rights in HR office.



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  • gondalguru
    07-15 11:37 PM
    I have two I-485 pending. Both filed by me.

    One is based on National Interest Waiver for physician I-140 (self petition). The second one based on PERM I-140.

    Both I-140 are approved. Both I-485 pending one since 11/04 and second 7/07. Fingerprints done for both and medicals done for both.

    First I-485 needs total 5 yrs of service in physician shortage area (which will be completed in about 6 weeks)

    Does anybody have similar situation. What to expect now. I have PD of 9/04 on both the cases. Dates will become current from August 1st.





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  • shortchanged
    10-09 05:06 PM
    I also did send a second set on August 16th.For me and family we have already got EADs,AP and AOS receipts and are all finger printed.
    I have also requested stop payments on the August checks,and had addressed"not to be opened in Mailroom-for Center Director" Explained to disregard the second set if my earlier filing on July2nd has already been accepted for processing.So far no further info.Will keep fingers crossed and see what happens!



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  • gc28262
    09-24 05:50 PM
    Good Question. AC21 usage introduces a "Chicken Or Egg" situation. Our limitations 1) Till we interfile we have to show us fulfilling EB3 job calssification related obligations ( that also is a "future" postion in reality). Now if EB2 application is from "same employer" then that employer can logically produce the letter matching EB2 level experience after "real and natural skill progression" only to prove that you are fit for more advanced skill level job in other words after wait for 2-3 years.

    Many of us could be over-qualified for our current EB3 position (after so many years of wait) and is accepting the current position only to strictly adhere to "same/similar" job classification. In that case employer can file a GC for our real qualification i.e. Eb2.





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  • manand24
    09-18 09:16 AM
    Yesterday, I received receipt notice via USPS Mail for:

    1. My I485 application
    2. My I-131 application
    3. My wife's I-485 application

    Still waiting to hear about My wife's I-131, I-765 for me and my wife.

    See signature for details.

    PD 04/2006 EB2 INDIA
    I-140 NSC AP 10/2006
    SELF:
    I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail
    I-131 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail
    I-765 NSC RD 07/02/07 ND Pending - NO Update yet.
    WIFE
    I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail
    I-131 NSC RD 07/02/07 ND Pending - NO Update yet
    I-765 NSC RD 07/02/07 ND Pending - NO Update yet



    I have not received any reciept notices yet. I also filed on July 2, 2007.

    PD 04/2006 EB2 INDIA
    I-140 NSC AP 10/2006
    SELF:
    I-485 NSC RD 07/02/07 ND Pending
    I-131 NSC RD 07/02/07 ND Pending
    I-765 NSC RD 07/02/07 ND Pending
    WIFE
    I-485 NSC RD 07/02/07 ND Pending
    I-131 NSC RD 07/02/07 ND Pending
    I-765 NSC RD 07/02/07 ND Pending



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  • FrankZulu
    06-25 01:40 PM
    PERM EB2 India
    PD:Feb 2006
    I-140 Approved

    BEC EB2 from same company
    PD: Dec 2004
    Just approved today


    I am applying I-485 on July 2nd based on approved I-140 PD Feb 2006
    as I don't want to take chance with refiling I-140 for PD Dec 2004.

    In future can I apply I-140 for labor with PD Dec 2004 & on approval can I switch the
    PD for my pending I-485 if dates are current for that PD?





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  • glus
    01-21 09:47 AM
    But if your visa is stamped and not expired, do you still need an AP ?

    Anurakt,
    If a person has filed an I485 and has a valid H1 visa stamp in his/hers passport, no AP is needed when traveling as h1 is a "dual intent" visa. This applies to H1 and L1 visas. When leaving this country when I485 is pending, the I485 will not be deemed as abondomed because one travels on a "dual intent" visa. IF one, however, had filed an I485 while being on a diffrent type of a visa, like F1, or B2, one MUST obtaint AP before leaving. Other wise the person will NOT be able to re-enter the country even if one has a valid F1 or B2 visa and the I485 will be deemed abandomed. This is because by filing the I485, he/she has shown an immigrant intent, and both F1 and B2 don't allow for such intent.

    So many people don't realize that a H1 or L1 are very POWERFUL visas.
    I am not an attorney so do not take my answers for granted.



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  • CADude
    11-09 02:08 PM
    My PD is July end 2001. I am not current though I wish :)

    I will request you/attorney write to USCIS PO Box 82521 and attach the copy of delivery proof and RN to correct the error. Atleast no harm in trying.

    If your country is retro then RD don't mean much. They will arrange the file in "visa hold self" sorted by PD. But any time DOL/USCIS make India again "C" then RD matters.

    What's your ND on RN?

    Thanks,

    Good to hear that USCIS did something right for someone. Atleast they recognised your Receipt date as July 2.

    On my case they moved my file from NSC to TSC on 4 August and they used that date on my notice date as recp. date.. instead of 2 July.
    I didnt get any response from my attorney yet.. but Shd I worry about getting my recp. dates corrected to 2 July.. I have PD of July 2003 EB3-India.
    BTW I thought you are current with PD of 2001. Isnt it?

    Pls. correct me if I am wrong. txs





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  • learning01
    05-25 02:57 PM
    Look for posts under factoryman - on date 05/24/2007. You will find detailed answers.

    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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  • waitnwatch
    08-21 12:33 PM
    Yes, the same law can be interpreted like this:

    EB1-ROW unused visa will go to EB2-ROW
    EB2-ROW unused visa will go to EB3-ROW

    Same for each country.
    But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?

    So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.

    So where is the correct interpretation? Does any body know?

    Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.

    The bottom line is that there should not exist such severe retrogression and that is what all of us should work to remove. But the law is what it is -

    The law makes allotment between categories (EB1, EB2 and EB3) in Sec. 203 of the INA. Section 202 talks about country limit (note the exception clause which provides for the parallel distribution as the country limit becomes invalid if more visas are available in a category than is consumed using per country limitation).

    Excerpt from Section 202 of the INA

    (2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.


    (3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.





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  • eb_retrogession
    01-31 09:29 AM
    Is there any provision in any of the upcomming immigration bills that allows for "Ability to file for I485 even with visa number unavailability.". I know that
    some of the provisions in Hagel (S. 1916, 1917, 1918, & 1919) Specter (unnumbered draft) bills have provisions for removal of numerical limits on adjust of status for people who have an advanced degree from US.

    But is there any provision in any of the immigration bills which allows for "Ability to file for I485 even with visa number unavailability." like the one that was in s 1932. This would be easy to pass as Green card numbers would stay the SAME and no major modification is done to the existing law

    hydboy,

    No one still knows what the verbiage in the Comp. immig Bill is like. So it is possible that the provisions of S1932 be included in that bill 9which is one of immigration Voice's agenda). So, to answer your question, currently there isn't any that we know of, but w/o acting on it ourselves, it may not ever happen :-)





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  • ItIsNotFunny
    11-12 12:14 PM
    got a reply from ombudsman....iam sure others got this too...

    Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).



    We greatly appreciate your comments regarding issues concerning AC21 processing at the Service Centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding these petitions.



    If you have evidence of a specific I-485 case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please forward us a copy of your denial notice or provide further detail as to the reasons for the immediate denial.



    Please submit information via email to cisombudsman@dhs.gov with the subject AC21 Evidence of Immediate Denial. In addition, for protection of privacy we ask that you please omit any personally identifiable information such as names, a-numbers, case numbers, etc.



    Thank you for your cooperation.


    This is good. Seems like now they are aware of the issue. Cheers guys for step 1.





    mohican
    01-05 04:16 PM
    Nothing significant--still waiting for the denial letter. My attorney rcvd receipt stating that a copy has been sent.

    I was lucky to negotiate infopass appointment on the spot. They can not tell the reason until they get the file from TX. They have requested that and it will take 3 weeks.

    I also got to know that since I had changed addresses and files for AR11 in 2004, my I485 does not have my new address. This is per infopass. Not sure whom to believe since after filing for AR11 in Oct 2004 (changed from apt to house), I called in Jan 2005 and asked to verify my address on record as well as address on I485--i was confirmed about my new address. Also, I have been correspondence on my changed address, receipts, letters and finger print notices. Does any one ever get confirmation in writing after submitting AR11?

    Mohican





    Hassan11
    05-24 12:57 PM
    Do I have to file I-485 though a lawyer or can I do it myself. I have an old I-485 form that my lawyer filled out and he sent me a copy of but he never filed it to immigration. Can I update that old form he gave me and file an updated I-485 myself without a lawyer??



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