Thursday, June 9, 2011

tikka t3 tactical

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  • anilsal
    11-06 10:59 AM
    PIO card is valid for 15 years. Every time, your child gets a new passport (read 5 years), you need to get an entry in the PIO card. So barring a once in 5 year trip/mail to consulate, there are no issues with PIO.

    It certainly does not make sense to deny OCI for a child whose parents are Indian nationals.

    Look at Q.32 of
    http://chicago.indianconsulate.com/OCI%20FAQs.htm

    I am sure that if this new rule for OCI is going to stand for a long time, then they will request the people who got their OCI stamps to replace it with PIO cards (think of the 20 year passports that were issued first and then need to be replaced).





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  • RandyK
    11-28 09:22 AM
    Now this is just to get an idea on what to expect if one of the Immigration bills passes and signed in to law say by mid 2007.

    What can we expect next?

    What will happen to highly retrogressed countries like Indian, China? When can they expect any tangible results?

    What will happen to the �Rest of the World� category? When do you think they can expect results?

    What will happen if ALL or Most of the catagories become current. Are we going to get stuck with processing delays for months or years to come ?





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  • itstimenow
    08-08 01:50 PM
    Does arrest for driving with suspended license (License suspended for non payment of ticket) come under traffic violation? Any insight would be much appreciated.

    Arrest is arrest.. doesn't matter.. you can still confirm with immigration lawyer.. but showing all evidences and proof of expungement.. u shud be fine. is it a misdemeanor??????





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  • Gravitation
    06-15 12:41 PM
    I have edited the poll to add that option. Literally.

    Thanks Logiclife!



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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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  • ponnuswamyp
    10-30 01:53 PM
    If the ASC does not have much applicants waiting for services then they may service your case regardless of the time scheduled. Just make a visit and try.

    I had moved to CA and got FP appointment scheduled for 11/15 at NJ. Last saturday I visited my local ASC and explained about my move. They did not bother about the appointment location & time and took fingerprints.



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  • aranya
    01-15 11:32 AM
    Granted the employer may not deduct the attorney fees post filing, does that also necessarily mean the employee should not be required to pay up front?





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  • paskal
    02-12 05:55 PM
    I guess most of us dont want to take the pain of "mailing the letters"

    How abt someone obtains online authorization to mail letters on members behalf.
    I mean members authorize mailing a letter on their behalf by IV.
    !?
    Question is asked when they sign in... or login to the website!


    snail mailed, signed letters are far more effective. straight from the horse's mouth, so please believe it.
    it's 5 min and a few cents...tell me you can't do that (pain) again...?



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  • sanjay
    09-08 03:30 PM
    I had an update on my 485 application today and its say's

    On September 8, 2010, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our NATIONAL BENEFITS CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

    Don't know what does this mean to my case and it is good or bad.

    Does any one had been through this ?





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  • krishnam70
    02-22 11:45 PM
    hi,

    My I140 was approved in 2006 and based on that i got a 3 year extension on my H1 visa. I filed for I485 in July 2007 and have an approved EAD and AP extension too.

    Around 3 months back i joined a company as a permanent employee using my EAD.
    I did not inform my employer about the new employment because he had already cancelled my Health insurance etc, after 3 months vacation in india and another 2 months without a project.So i wasn't on his payroll since April '08.

    I recently got an update on my H1 application with the following message.
    Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.

    I am assuming it has to do with cancellation of my H1.
    I am not sure if my I140 is cancelled or not.Is there a way i could check this?

    I also saw a soft LUD on our I485's on Feb 10th. Does the cancellation of my H1 have any effect on the I485 applications?

    Its been an endless wait for this GC since 10 years of my stay in this country.Now iam worried whether the H1 cancellation would jeopardise everything.

    Since i was without project for a long time, i had to join the new job using EAD.

    Please let me know your opinions.

    First speak to your employer if they
    a) sent a cancellation for H1B
    b) If they received any notice from USCIS/request for information or if they have any information about this
    c) Though it is not mandatory to file AC21 you can still file AC21 based on a consultation with an attorney.

    Most important thing is to know if your employer has informed USCIS about any updates or if the company has received any notification from them

    - good luck
    kris



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  • divs09
    06-19 12:55 AM
    Hello All,
    I am contacting you regarding an Inquiry of
    " H1B Approved without I-94 and to appeal for I-290B.

    I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.

    Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
    So i don't fall under New H1 Quota, i.e H1CAP
    keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.

    On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.

    On May 21st 2009, i received a letter from USCIS
    saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.

    Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\

    Please advice me what should i do.
    If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.

    Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
    Third Query is should i apply for a new H1 and continue working.

    Please advice me on this issue.
    Hoping to hear from you Soon.
    Thanks a lot for your help,





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  • smartboy75
    11-01 04:51 PM
    Wait for 90 days to pass by...then give a call to USCIS ....and enquire about her status...

    Go ahead with your FP appointment....Eventually your daughters Receipt notice and FP will follow...

    Hope this helps...



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  • mbartosik
    04-29 12:26 AM
    Prepare your evidence, this will include pay slips, emails, etc., write down a statement of facts, if you want to go the extra mile find the relevant parts of the statute (go to thomas.loc.gov and/or dol.gov) that ban the behavior where employer broke the law and print that out too.

    Then go in person to local DOL office, speak politely with the nice people there, and your employer may find himself in hot water. Be prepared to take a half day for this.

    Of course you want to make sure that no longer working for that employer does not put you out of status.





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  • GCchakravyuh
    07-13 08:58 AM
    i guess you can just file for renewal of H4. few days before expiry.. say on Sep 1st.



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  • like_watching_paint_dry
    03-14 05:09 PM
    Yes. You are in status. Filing for I-485 provides you legal status. If you are without project for too long, transferring H1b might not be an option. But you can work on EAD. You will not be out of status.

    Good luck with your job hunt.

    Status should not be a problem, but double check with a lawyer. I'm wondering if you can squeeze a sponsorship for a trip home. Not very long ago, I found out that if a US employer terminates a H1, they need to pay the home country relocation costs.

    You should find another job, sooner the better. But I sure would like to get such bad desi consultant companies to pay for a plane ticket.





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  • puskeygadha
    06-02 09:22 PM
    somehow they have to talk to DOL
    morons..

    but one out of many attorneys may have screwed up..why is everyone
    being audited???



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  • chintu25
    07-26 12:52 PM
    There is NO such information on ........Please give the name and id of the person u are referring to on Track itt





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  • md_alien
    05-18 01:30 AM
    I also got the magic email on Fri 15th May, 2008. I'd like to extend my sincere gratitude to all fellow members of this great community in guiding me through this tough journey. I wish all of you the best and will stick around to help other members out.





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  • optimystic
    09-10 08:11 PM
    Thanks for encouraging comments from everyone. I hope some one from core team also takes notice of this and gives it some consideration.

    May be we could tie this campaign as part of gaining support for approval of 5882 (visa recapture)





    ken
    04-09 02:40 PM
    just wondering if anyone is in the same boat...





    knowDOL
    06-20 07:14 AM
    I hope supers789 gets the gist of retrogression and will plan his future accordingly for a way to live without GC for the next 3 or 4 years.



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