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  • ski_dude12
    09-21 10:53 AM
    I used the format below:

    Dear Officer,

    My case has been pending since September 2007. Below are the steps I have taken till now in order to get a decision on my case:

    1: Initiated enquiry through my attorney.
    2: Opened a service request with USCIS (Got an invalid response of no visa numbers available)
    3: Made an Infopass appointment with an immigration officer.

    None of the above has resulted in any clarity towards my case status.

    Below are my case details- (Myself & spouse)-

    Applicant name:
    Application type: I-485
    Category: Employment based EB2 (India)
    Priority date:
    Receipt number:

    Spouse details:
    Applicant name:
    Application type: I-485
    Category: Employment based EB2 (India)
    Priority date:
    Receipt number:

    I had the following questions on my case:

    1: As my priority date is current, has my case been assigned to an Immigration officer.
    2: When can I expect a decision to be made on my case as my case is pre-adjudicated.

    If you need any additional details from me, I can be reached at email or phone @ phone number.

    Regards,

    I will take you up on your offer. Can you please PM me the details on the e-mail/letter, or post here, whatever you feel comfortable with? Thanks!

    Enjoy your day!





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  • shouldIwait
    05-10 05:37 PM
    Few responses to Mr. Hunter.

    I'm not blind to stereotyping in this forum or elsewhere. It's not you vs. them kinda thing. You ARE stereotyping based upon some TRUE things but it is still stereotyping, isn't it.

    Also, you understood some of my comments wrong. All I was saying is that due to big ISV's like TCS/INFY/WIPRO and mushrooms of bodyshops the actual worker gets pennies on a dollar and they keep the booty. So it's not the worker who causes wage depression it's the circumvention of the spirit of law that these companies do which causes it. I say "spirit of law" because they still stay within the legal framework. As far as offshoring is concerned it's a big discussion in itself and forces of capitalism and globalization are at work. None of us can prevent that but we can counter it by moving up in the value chain.

    The scenario you described about modus operandi of big Indian ISV's is 100% correct but to generally imply that Indians are 1/5th as good as Americans when it comes to IT (50 member team vs. 10-12 member team) is a supremacist attitude and completely untrue.
    It is true that the Indian counterparts are usually of much younger age but rarely substandard for the job. Companies realize that IT is no-longer considered rocket-science and they can save a few bucks. Try to think objectively keeping personal impact aside.

    Now regarding overall economic input of immigrants there are issues broader and larger than you mentioned. Some of the smaller points you mentioned are true but you are completely missing the big picture. We can discuss that in a different thread :)

    When Bill Gates says best-and-brightest it applies to individuals and not a VISA category, he's not lying. Among the 65K every year you'll find people from all skill levels, cream-of-the-cream to just-about-ok, and a few rotten-apples too. The immigration system is not designed to test skill level. Overall it's old, irrelevant and doesn't help anyone. It needs to be re-designed but unfortunately people are divided on fake lines and ignore the real issues or rather real solutions.

    Although you have said it differently but you are right that solution to mine and your problems lie at the same spot, a modern, common-sense, immigration system that promotes best-and-the-brightest (Indian and American) and discourages exploitation.





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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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  • amis121
    07-13 09:06 PM
    Dear Mr. Dobbs,

    Today you have proved how low you can get. You have criticized H1/L1 numerous times before and today your show criticized O1 visa, which is popularly, know as elite visa. This visa category is created for persons with international fame such as Nobel laureate, international fame athletes, musicians and entertainers. Today your show criticized none other than famous soccer player David Beckham. David is a highly successful international soccer player and his stature is often compared with top ten soccer player in the history of soccer. such as Pele, Maradona, Becanbaire, Platini, Ronaldo, Zidan and others. He is coming to play for LA team not to snatch your American middle class job. On the contrary he is going to help local economy grow when fans will completely fill the seats of soccer stadiums all over the USA. Unlike football soccer is not a mainstream American sports and most of the match organizers face hard finical decision to organize large soccer events. Wherever David Beckham goes fans follow him and all those empty seats will be filled within no time. WHEN STADIAMS ARE COMPLETELY FILLED FOR A MAJOR SPORTING EVENT, IT IS THE LOCAL ECONOMY THAT GETS THE MAXIMUM BENEFIT. So in other words Mr. David Beckham is coming here not to snatch middle class American jobs but to create jobs for them. IT�S THE ECONOMY STUPID.

    If you really care for middle class Americans why don�t you run for the President post? Can you make public statement of your annual income from your myopic shows, books sale and public appearances. If you really care so much for American middle class, let me ask you a very basic question. Can you show us one example where you have contributed to some organization that helps inner city kids (mostly blacks) improve job skills? Can you show us one example that you have motivated and convinced one high school drop out to go back to school and that kid followed your advice and went back to school?

    There are people like Governor Swaznegar (an immigrant), Magic Johnson you are silently doing exactly just that. These fine gentlemen created and funded (still continuing) organizations that provide on going job related training to inner city kids in Chicago, New York and many large cities so that they become productive American citizens.

    Come on Mr. Dobbs, show some character. Don�t just make publicity stances. Change America and provide equal opportunity for all. As a first step just become a mentor of Big Bother & Big Sister organization ( it won�t cost you a penny) and motivate a high school drop out (you may pick up a white kid because everybody knows you do not like other color) to go back to school. Present him on your show and make him as an example of how America is changing to face the challenges of globalization. The Americans are eager to see some character here. Come on Mr. Dobbs what are you waiting for!



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  • aroranuj
    01-11 11:08 AM
    I am upto 14 letters signed, sealed and mailed to the President. I am waiting on a few more to come....It took probably an hour over the past week. Guess what...in the process I educated over 20 Americans about our issues. Guys this can have a cascading effect if we talk to people we know and get these letters. We all need to step up and actively talk to all Americans we know and get these letters. They are our support bank when its time for larger fixes and we need Americans to call their Congressman & Senators to help us.

    Talk to EVERYONE you know and get a letter signed. It would be great if everyone mentioned the number of letters they have got when they put out posts on this thread. Lets not just talk the talk but WALK the TALK!!!:D

    Over the past couple of days I have had 10 of my friends/colleagues who have signed the letter and they have been mailed out to the president. I also have copies of them to mail out to IV once I have all that I can get..

    I plan to call my Senators & Congressman's office's today too. I believe we need to get through to our friends and colleagues and talk about the issues in this letter. I have yet to come across one person who does not agree that our situation needs the attention of the administration.

    I know I can get a few more of these letters signed by the end of this week.

    Anyone out there who has more letters going out??:D

    Lets have some healthy competition!





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  • glus
    01-22 09:38 AM
    Thats the right way. Probably I should not have told him that I have AP in my hands. This is what my attorney said. But now I have no idea if my h1 will be extended or not once I have used the AP.

    If you really want to be on h1(very safe decision), why don't you leave for a couple of days and re-enter on your H1?



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  • tikka
    06-25 04:23 PM
    http://immigrationvoice.org/forum/showthread.php?t=5470

    We are running a small funding drive as a gesture of support IV for answering each other's questions in times of need.

    If your question is answered by a fellow member, do make a point to contribute some amount. It will help continue this effort.

    We understand everyone is busy with I485 filing and have put everything on hold. But we have not put our efforts on hold in the interest of this communty and this cause. Core is working on this issue despite being busy on their own I485 filing.

    We are also working with our lobbyists on CIR and as soon as there is an action item we will post it on the forum for all to participate.

    At this time, do take out a couple of minutes off your busy schedule with I485 filing and contribute towards Immigrationvoice.

    Thanks





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  • 485Mbe4001
    05-17 03:02 PM
    I got an RFE asking for my "Education Board Certificate". I was told that it is 10th or 12th pass certificate. Its been a long long time since i passed. Does anyone know or has any experience on getting a duplicate from CBSE Delhi?

    Is there any workaround, i have US masters and they still need a 10/12th pass certificate.



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  • kshitijnt
    05-11 12:11 AM
    See the url below.

    http://www.informationweek.com/news/global-cio/training/showArticle.jhtml?articleID=215900774&subSection=H1B

    I don't give a damn what your epics say or what you practice in India. All I pointed out was teh corruption in India pointed out by international agencies compared to western democracies.

    Oh there is no corruption in western democracies. :) LOL

    Iraq war had no corruption
    Halliburton deal had no corruption,
    AIG had no corruption, BOA , Citi had no corruption.
    Lobbying had no corruption
    The texas cops who took money were not corrupt.
    Abu Ghraib was very morally correct.
    Blackwater was a very level headed company.

    Did all this happen in some communist eastern state?





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  • dtekkedil
    07-11 11:08 AM
    Now that we have more people knowing about the flower campaign... I think we can do this again... bigger and better!

    Any takers?



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  • mpadapa
    09-16 11:40 AM
    continuing my second round of calling.
    Called 7 Republican members planning to get through all the members esp. republicans by the end of the day.

    Folks please keep calling...





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  • rcr_bulk
    08-25 05:29 PM
    This is true. Lingo customer service is bad. Now I am stuck with them for 2 years. Rep was rude. Talked to the supervisor. Even he was rude. Asked him to pass me on to his manager. He refused to directly transfer to his manager.

    I am even thinking of paying $100 cancellation fee and get off their service.

    I am happy that Vonage came up with a good plan.
    I don;t mind paying some bucks more for quality service.



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  • desi485
    11-17 09:00 PM
    ~^^b^u^m^p^e^r^^~





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  • msusa123
    09-15 09:53 AM
    Good news... I got CPO at 9:05AM.

    I raised SR for my case on 9/2 and no response until today morning and raised SR for my wife yesterday night. No changes to my wife application.

    I asked my attorney sending an e-mail for TSC streamline process and I do not know whether he acted on it or not.

    Good luck every one who are waiting for approval



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  • aadimanav
    01-03 12:56 AM
    Part 2 continued....


    USCIS delays have become so excessive in this arena that many foreign nationals have sought relief in federal court. The Administrative Procedure Act of 1946 (APA), which governs federal agency actions and decisions, requires that an agency resolve a matter presented to it within a "reasonable" time frame. See 8 U.S.C. 555(b). Using the APA, foreign nationals have argued that waiting for two or more years for a decision on an immigration application is "unreasonable" under the statute. The cases are divided, but a majority of courts have agreed that making a foreign national wait years and years just for a decision on his or her application is unreasonable. As a result, many judges have ordered the FBI and USCIS to complete pending name check cases within 60 or 90 days where a foreign national has been waiting for two or more years. Some judges have noted that security concerns are not to be taken lightly, but this only reinforces the fact that such issues should be resolved in a matter of weeks as opposed to years.

    The success or failure of litigation in this arena ultimately turns on the court's reading of a jurisdiction-stripping provision embedded in the Immigration and Nationality Act (INA), as amended by the Real ID Act of 2005. The INA precludes judicial review of any "decision or action" of the USCIS that is "specified [under INA] to be in the discretion" of the USCIS. See 8 U.S.C. 1252(a)(2)(B)(ii). In defending challenges to delayed applications, the U.S. Attorney's office has argued that the adjudication of a green card application, including the pace of adjudication, is committed to the sole discretion of the USCIS, because the INA specifies that a decision to approve or deny a green card application is within the discretion of the USCIS. See 8 U.S.C. 1255(a).

    None of the circuit courts have ruled on this issue, but the relationship between USCIS delay and the role of the judiciary has become a "national judicial debate" at the district court level. See Saleem v. Keisler , 2007 U.S. Dist. LEXIS 80044 (W.D. Wis. Oct. 26, 2007). Some courts have bought the government's argument, holding that a discretionary "action" includes every interim action taken along the way leading up to an ultimate decision on an application. See Safadi v. Howard , 466 F.Supp. 2d 696, 699 (E.D. Vir. 2006). Under this theory, a stalled name check is simply action along the way to a final decision. The majority of courts have rejected this reading of the statute, holding that USCIS' discretion only applies to the ultimate decision on an application, not the pace of its adjudication. As one court stated, "it would require Orwellian twisting of the word ["action"] to conclude that it means a failure to adjudicate." Saleem v. Keisler, supra. Similarly, U.S. District Judge Stewart Dalzell recognized that the INA grants discretion to the USCIS to grant or deny a green card application, but "national security does not require that it also have absolute discretion to delay such an application to Dickensian lengths." Cao v. Upchurch , 496 F.Supp. 2d 569, 574 (E.D. Pa 2007). Put simply, "there is a difference between the [USCIS'] discretion over how to resolve an application and the [USCIS'] discretion over whether it resolves an application." Singh v. Still , 470 F. Supp. 2d 1064, 1068 (N.D. Cal. 2007).

    The U.S. Attorney's office has also argued that the USCIS is not required to make a decision on green card or naturalization applications since the INA does not specify a time frame for the agency's decision. See Assadzadeh v. Mueller , 2007 U.S. Dist. LEXIS 80915 (E.D. Pa. Oct. 31, 2007). The government's argument is based on Norton v. So. Utah Wilderness Alliance , 542 U.S. 55 (2004), where the U.S. Supreme Court held that a plaintiff can succeed in compelling an agency to act under the APA if and only if the action sought to be compelled is a "discrete action" that the agency is "legally required" to take. Under the government's theory, the USCIS cannot be compelled to act where its organic statute fails to require it to make a decision. But, under Norton , an agency's regulation with the force of law can create a legal duty. Arguably, the USCIS is legally required to act on applications presented to it, as its own regulations provide that it inform applicants of its decisions. See 8 C.F.R. 245.2(a)(5)(i) (green card applications); 8 C.F.R. 316.14(b)(1) (naturalization applications). Most judges in the Eastern District of Pennsylvania appear to accept this argument. For example, in Kaplan v. Chertoff , 481 F. Supp. 2d 370, 399 (E.D. Pa. 2007), Judge Eduardo Robreno held that the USCIS has a duty to adjudicate green card and naturalization applications, based, in part, on the agency's own regulations.

    Once a court determines that its jurisdiction is not stripped under the INA, it usually faces little difficulty finding a cause of action under the APA. Of course, determining whether an agency has acted unreasonably is a fact-intensive inquiry, but the government's position does not look promising where the USCIS has failed to perform three distinct background checks for two or more years without any indication of special circumstances. See, e.g., Saleem v. Keisler, supra . The government has argued that flagging agency resources are to blame, but many courts find little sympathy for such posturing. In addressing the issue of agency resources, one court stated that the USCIS should take its complaints up with Congress. See Liang v. Attorney General , 07-cv-2349-CW (N.D. Cal. Oct. 30, 2007). "The executive branch must decide for itself how best to meet its statutory duties; this Court can only decide whether or not those duties have been met." Id . Even factoring in flagging appropriations, the court held that a two-and-a-half-year delay is unreasonable as a matter of law. Id .

    With more than 340,000 cases in the name check backlog, it is not clear when some foreign nationals will ever have their cases resolved at the agency level. At least with the advantageous decisions handed down from the federal district courts, foreign nationals have the hope of going into court to request an expeditious resolution to their name checks. In the majority of situations, it appears that litigation is the only option, but at least an option exists.

    Please email the author at gforney@wolfblock.com with questions about this article.





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  • chanduv23
    03-26 03:34 PM
    A new technique reqruiters are using is
    "Hey, I am OK with EAD, it is just this particular client of mine who is not and I tried to educate this client but they do not listen. I tried placing another guy on EAD at this client but they rejected because of EAD and I placed so many people on EAD in other clients. So I hear you. Good luck with other jobs."

    I still think it is some notorous reqruiters who apply the EAD filter. They do not want to deal with a lot of resumes and they want to apply that filter.



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  • bkn96
    11-26 09:37 AM
    And you did not understand that this is a way for the lawyer to advertise himself.
    He may have seen many people worried about this issue on IV and he wrote on his site . Now you are becoming his agent and posting on this site. This is not a news. It is only a comment. It can be true/partially true or partially false.
    To me this issue is a non issue for which IV is working and this lawyer is blowing out of proportion. Only handful of people got denials and that too because their Desi employer acted in revenge for them leaving the company.


    I am not an agent, but one of the victim and looking for solutions. This may not be issue for you, but issue for many of us. I am sure you think your issue is important than others and I don't complain.. But this an issue..
    Again whatever many be the reason, due to desi employer or USCIS we suffer and we are on the hook all the time..





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  • gconmymind
    10-02 03:06 PM
    Another approval to report. My wife's GC got approved yesterday, got CPO email.

    Goodluck to all!





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  • newuser
    07-13 10:04 PM
    http://www.comedycentral.com/motherload/player.jhtml?ml_video=89349&ml_collection=&ml_gateway=&ml_gateway_id=&ml_comedian=&ml_runtime=&ml_context=show&ml_origin_url=/shows/the_daily_show/videos/most_recent/index.jhtml&ml_playlist=&lnk=&is_large=true





    gc28262
    09-25 06:22 PM
    Just a quick question for current Vonage users.
    Currently I use Phone Power (VOIP, almost same as Vonage). They give me one nice feature called Remote Click 2 call. What it does is, if I am in office (where there is no long distance calling allowed), I login into my phonepower.com account and click on Remote Click2Call. This asks me to enter the number where I am at, and the destination number. So I get a call at my office phone and it connects me to the destination number. And there is no charge for this call.
    Does Vonage offer this kind of feature? and can we make calls to India (under their India unlimited plan) using this feature?

    Thanks.

    Yes vonage has it.
    Vonage - Standard Features - Click-2-Call (http://www.vonage.com/features.php?feature=click_2_call)
    It should work for india call too.





    jonty_11
    06-21 12:32 PM
    dude this is serious...that means can they stop taking application in mid month august or sept??:eek:
    Yes it is serious.....and given how many people are raring to go.....it islikely...

    As I have said before......we r just too many!!!!



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