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Thursday, June 23, 2011

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  • hsm2007
    10-11 11:56 AM
    Guys,

    After responding to the RFE last week, I have been seeing continous LUDs on my 485. They were on 10/8, 10/9 and today on columbus day 10/11. There was also one when they registered my RFE response on 10/6.

    And to add to that I received a FP notice for both spouse and myself but the date isn't until after 3 weeks. Can I get the FP done early? I don't want them to sit on my application for another 3 weeks just because they are waiting for my FP.





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  • spicy_guy
    07-12 05:46 PM
    Does anyone have the list of latest set documents required to file for 485.... can you plzzzz email/post it here... thanks



    can it be done without the help of an attorney...????

    Its YOUR application to USCIS. You don't need an attorney.
    Go to USCIS and search for docs required.





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  • varshadas
    02-23 05:56 PM
    Guys I am down with flu. Not sure if I will be able to attend. Will drop by if I feel better.





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  • paskal
    07-03 01:54 PM
    the discussion on such heated topics can still be in civil tones.
    frankly personal attacks and strong language are not going to get anyone's point across any better. try keeping a cool approach and write well reasoned thoughtful posts. also don't forget, in everything, there is ususally something to the other point of view- however much we disagree on something. lets try this refreshing new approach...maybe we will find there is actually common ground...;)



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  • rbms
    11-01 01:28 AM
    Nrc2008063600





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  • shantanup
    02-12 05:46 AM
    Just a friendly thought from a co-member, If you are motivated to attend the advocacy event, why dont you consider sponsoring your travel? We should try to keep the donated miles/hotel points for on-the-edge members who we will have to try convince at the last moment when we closer to April.
    Motivated members who believe in this event should come forward and sponsor themselves and consider it as a contribution to the event. We are not doing anyone else a favor by travelling to DC - this is for our own good.

    -Attending the advocacy day.

    I see and agree with what you say. I sponsored myself the last 2 times I went for advocacy days but this time the situation is different - I've got my green card already and therefore finding it difficult to justify the expenses to my wife.



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  • ronhira
    04-09 05:02 PM
    You are right that it wont make any dent not becasue of the numbers of indians, chinease or mexicans but because we failed to identify the problem at a basic level.

    if we have a clear answer and hold on following questions i think then only we can make USCIS/DOS to behave.

    1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?

    2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?

    3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?

    there we go again..... becoz visa bulletin dates did no move.... all of a sudden it means uscis/dos is not doing their job?..... get a grip of u'r self.....

    my date if 7th feb-05 & its just days away for over an year.... but i know that blaming uscis/dos won't do a shit for anyone..... becoz that's not where the problem is..... now don't throw bullshit at me.... saying uscis is not efficient blah blah blah..... if uscis is allocating 140K gc per year, that's good enough...... becoz its a wrong goal to setup 100% efficiency with uscis..... we all don't work with our employer 100% becoz we spend time scanning the web..... y do we expect uscis to work 100%....... for me uscis is doing their job if they allocate 140k gc per year...... period..... now stop this non-sense of blaming uscis/dos becoz that sets a wrong target..... the blame/fault for vb and backlog lies with the congress..... the least we can do is identify the source of the problem...... we do people here keep beating down on uscis & dos...... y r we do dumb.....

    and all these questions is totally a waste of time...... in the end lets say u get 100% efficiency, what will it get u..... 7 more green cards for a backlog of 1 million..... how stupid is it to get totally blinded by this misguided meaningless talk for 7 visas for a million headless chickens.....

    lets continue talking about uscis/dos..... who is next...:mad:





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  • nomi
    12-11 02:48 PM
    Since this has always been pushed through legilative means (S.1932), there might be a hurdle involved in using "Rulemaking" approach to this solution, nevertheless this idea should atleast be explored. Here is how rulemaking procedures work in Govt Agency: (Adding Flexibility is something that can be done through Rulemaking).

    http://en.wikipedia.org/wiki/Rulemaking

    Adding flexibility. More detailed regulations allow for more nuanced approaches to various conditions than a single legislative standard could. Moreover, regulations tend to be more easily changed as new data or technologies emerge.


    I think we should study that how does USCIS make new rule without going into Congress and then see how can we implement this rule or atleast ask them to consider this option.



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  • gauravster
    05-26 05:40 PM
    This border patrol authority applies 100 miles from International border. Guess what, most of US population is in that region, all of NJ, MA, most of CA, etc etc as all are within 100 miles from the border (including the sea border, which marks international maritime border). Though not normally done, Border Patrol can set up checkpoints anywhere in this region. I remember reading in depth of this ridiculous rule sometime back.

    Found this when I googled. Borderpatrol seems to have the authority to do whatever they did within 100 miles off any international border. It falls under 8 CFR 287.1. Entire state of NH is within 100 miles of Canada.


    http://www.usborderpatrol.com/Border_Patrol608_2.htm





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  • alex99
    11-14 05:09 PM
    bump



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  • jkays94
    07-10 02:39 AM
    It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.

    In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:

    http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure

    To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:

    COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
    COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
    COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
    COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
    COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)

    There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.

    Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.





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  • kumarc123
    06-11 10:31 AM
    OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America



    It will only take less then 1 minute of your time to click this link ImmigrationVoice.org - Advocacy -- OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=15130466)

    and send the message out


    Please post this link on other forums and mail to friends asking them to join this action item.

    Sent.

    Thank you for your hard work.



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  • thesparky007
    02-16 07:11 PM
    ohhhhhhhh my goddddddddddddd
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    man!
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    tell me a good program





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  • Jaime
    09-13 01:48 AM
    C -u -n -dc!!!!!!!!!!



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  • alex99
    05-09 01:05 PM
    bump





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  • nosightofgc
    01-19 07:29 AM
    Very interesting. When we applied for 485/EAD/AP, our lawyer specifically asked for color passport copies of the first few pages. I went ahead and made copies of all pages. Am I in trouble?

    Color photocopy of passport, immigration documents, currency notes, etc. (a list of 8-10 items) are totally illegal in USA. You may face legal consequences. I have color copiers both photo and laser. User manual clearly states that.

    I am not sure why B/W copy could be illegal. Most of univerisities recommend students to keep a photocopy of immigration documents safely. See these sites
    http://www.beloit.edu/~oie/int_students/f-1_maintain_status.html.
    http://www.isso.cornell.edu/immigration/f1/f1.php
    http://www.beloit.edu/~oie/int_students/f-1_maintain_status.html
    http://iso.truman.edu/index.php?type=current&id=f1

    These photocopies are supposed to be kept safely and seperately from originals and supposed be used for requesting replacement while originals are lost. These photocopies are not supposed to be shown to anybody else otherwise. Trying showing photocopies to govt. officials such as police, dmv, immigration officers, etc. - there will be questions on this. But when requesting replacement of a lost I20 or a lost passport by providing a photocopy of original, question related to photocopy (B/W) will not be asked.



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  • kumarc123
    02-12 02:43 PM
    I am the one who asked him that question. And you can see he doesn't have any proof.


    The million dollor question is,

    what are we going to do about it?
    What is IV going to do?


    I am proposing a rally and hiring a lawyer to file a case. We group of people can hire Ron Gotcher or any other good lawyer to file a case. I am ready to give some money. But not to IV, as they have ignored all are comments and not done anything in recent months.

    No rally, No public initiative.





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  • acecupid
    07-13 11:57 AM
    I suggest this thread be closed and we stop giving murthy any more publicity than she actually deserves. :mad:





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  • anurakt
    12-27 10:56 AM
    France
    US Passport Holders: Not required
    Indian Passport Holders: Required*

    *Exemptions
    If your transit time is less then 6 hours and you hold a valid US VISA or Green card, you do not require a transit VISA.

    * No airport transit VISA is required, if your tranit time is less than 6 hours and you are holder of USA Permanent Resident Card (Green Card) or a valid permanent resident permit in any of the countries of the European Union or a residence permit in Iceland, Liechtenstein, Norway, Switzerland, Monaco, Andorra, the Holy See, San-Marino, Canada or Japan. (if your layover is more than 6 hours, you need a transit VISA even if you have the permanent residence permit for any of the countries mentioned above).

    * No Airport Transit Visa is required if your transit time is less than 6 hours and you hold a valid USA visa in the passport and confirmed airline tickets (no open tickets) for these nationalities only (if your layover is more than 6 hours you need a transit VISA even if you have valid US VISA).

    For more information on VISA / transit VISA requirements, please visit the official website of French consulate/embassy.
    http://www.consulfrance-newyork.org/us/visas/airporttransit.htm


    Germany

    US Passport Holders: Not required
    Indian Passport Holders: Required*

    *Exemptions

    If you hold
    a residence title of a member state of the European Union or a member state of the European Economic Area (EEA, i.e. Iceland, Liechtenstein and Norway) or
    a residence permit of Andorra, Japan, Canada, Monaco, San Marino, Switzerland or the USA you do not need a transit visa.
    Airport transit travelers who are holding a valid visa for the USA (an approval notice is not sufficient), Canada or Switzerland, are not obliged to obtain an airport transit visa prior to departure. Until further notice for these travelers a "visa on arrival" will be issued by the competent authorities at the respective airport in Germany and no specific action is required from them to obtain an airport transit visa.


    If you are still in doubt whether you need an airport transit visa, do not hesitate to call the German mission which serves your place of residence in the US.

    For more information on VISA / transit VISA requirements, please visit the official website of German consulate/embassy.
    http://www.germany-info.org/relaunch/info/consular_services/visa/countrylist.html#except1

    Address / Contact numbers in USA
    There are many offices spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL.

    http://www.germany-info.org/relaunch/info/consular_services/visa.html


    Italy

    US Passport Holders: Not required
    Indian Passport Holders: Not Required

    For more information on VISA / transit VISA requirements, please visit the official website of Italian consulate/embassy. http://www.italconschicago.org

    Address / Contact numbers in USA

    CHICAGO - Consolato Generale d'Italia Tel.: 312 467 1550
    500 North Michigan Ave - Suite 1850 Fax : 312 467 1335
    CHICAGO IL 60611
    e-mail: chicago.visa@itwash.org

    DENVER - Vice Consolato Onorario Tel.: 303 224 9927
    7325 So. Jackson St. Fax : 303 224 9930
    Centennial, CO 80122
    Vice Console Onorario - Maria Elisabetta ALLEN
    e-mail: italyconsulcolo@email.msn.com

    KANSAS CITY - Vice Consolato Onorario Tel.: 913 281 2222
    New Brotherhood Building Fax : 913 321 6525
    753 State Avenue, Suite 102
    KANSAS CITY KS 66101
    Vice Console Onorario- Roberto L. SERRA
    e-mail: RSerra@wycokck.org

    ST. PAUL - Consolato Onorario Tel./Fax: 651- 641- 0207
    1844 Portland Avenue
    ST PAUL MN 55104
    Console Onorario - Jane Calabria McPeak
    e-mail: jcm4@comcast.net

    ST. LOUIS - Vice Consolato Onorario Tel.: 314 259 2413
    Bryan Cave LLP Voice Mail: 314 259 2008
    One Metropolitan Square , Suite 3600
    211 North Broadway
    ST. LOUIS MO 63102
    Vice Console Onorario - Joseph COLAGIOVANNI
    e-mail: jcolagiovanni@bryancavellp.com

    Consular Correspondents:

    MILWAUKEE - Dominic H. FRINZI
    2825 North Colonial Drive
    MILWAUKEE WI 53208
    Tel. (414) 475-5120

    IOWA - Nicholas CRITELLI
    317 Sixth Avenue, suite 500
    DES MOINES IA
    Tel. (515) 243-3122
    Fax (515) 243-3121

    ILLINOIS - John BUCARI
    500 E. Monroe St.
    Springfield, IL 62701-1509
    Tel. (217) 782-3000
    Fax (217) 558-4297
    email: JBucari@bre.state.il.us

    * It is the responsibility of all travelers to obtain any required visas and travel permissions. I recommend all travelers check with the airline they are flying regarding applicable Transit and Visa Rules for the country they are transiting through. Immigrationvoice or myslef will NOT be responsible for any traveler being denied boarding on account of incorrect documentation.





    Macaca
    01-30 07:03 PM
    Asking employees to pay for H1 costs is not legal. It would be in violations of CFR.


    Is this a new rule? I have paid for my H1 with a check to INS (before name changed to USCIS). I think everyone else paid for H1 with pay check to INS. I was also supposed to pay for (non-company) lawyer fees for GC.





    alex99
    10-12 09:01 PM
    Thanks



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