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  • unseenguy
    07-04 11:25 PM
    Incorrect.

    You have to register the birth with the consulate (to get an Indian birth certificate) within a year using this form (see part II) (http://www.cgisf.org/visa/misc.pdf), following which you should be able to get an Indian passport. The USA will not issue a visa on this passport since it considers the child to be a US citizen. However, US policy in this regard does not matter if the child never travels to the US.

    WTF? US will decide which country's citizen is our biological child?





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  • jkays94
    10-03 01:32 PM
    I am very depressed! my lawyer who is doing my I-485 has advised that if she was to be concerned with her representing me, she would advise against me starting the company. basically, she said, USCIS can read this as an intent to leave the permanent employer for self employment. my business plan was to be in non-IT business. she said that if i am making enough money in the business, it will be hard to prove that i intend to continue in the job while having this business on the side...

    well! best of luck to you guys! go on sharing your stories.

    Although USCIS guidances are not binding, you might want to pay attention to the below (was not able to upload the attachment, you might want to google for it)

    To: REGIONAL DIRECTORS
    SERVICE CENTER DIRECTORS
    From: Michael Aytes
    Acting Director of Domestic Operations
    Date: December 27, 2005
    Re: Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and
    H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of
    2000 (AC21) (Public Law 106-313)


    Question 7. Should service centers or district offices request proof of �ability to pay� from
    successor employers in I-140 portability cases, in other words, from the new
    company/employer to which someone has ported?
    Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational
    classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a
    new employer and the job offer through an RFE to the adjustment applicant for relevant information
    about these issues. In an adjustment setting, public charge is also a relevant inquiry.


    Question 8. Can an alien port to self-employment under INA �204(j)?
    Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
    "same or similar" occupational classification as the job for which the original I-140 petition was filed.
    Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
    through an RFE to the adjustment applicant for relevant information about these issues. Third, as
    with any portability case, USCIS will focus on whether the I-140 petition represented the truly
    intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
    of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
    140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
    to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
    intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
    intent, but in appropriate cases additional evidence or investigation may be appropriate.





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  • raydhan
    04-26 08:30 AM
    A true Masterpiece indeed. I am just honored to be a part of this.

    Have we silenced our critics yet?





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  • aeroterp
    08-27 04:49 PM
    I can confirm that DC allows you to renew online without looking at your immigration status. If you live in DC, make sure you renew online as I got it renewed for 4 years online.



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  • jindhal
    09-05 04:24 PM
    There is another part in the I-131 rules document that you havent read,

    "If you are in the United States and seek advance parole:
    A. You may apply if you have an adjustment- of- status application pending and you seek to travel abroad for emergent personal or bona fide business reasons; "

    which sorta makes any personal visit an eligible for AP visit.


    Here is the relevant info from USCIS site (I-131 instructions)

    Link (http://www.uscis.gov/files/form/I-131instr.pdf)

    Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.


    _____________________________________
    Proud Indian American and Legal Immigrant





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  • vxg
    08-27 01:33 PM
    I checked with some folks who have got GCs in the past and they mentioned that FP (2nd time ) is not needed.....unlike the minds of USCIS one's FP doesn't change over his lifetime...that said..if you apply renew EAD u can get FP notice....

    But if 15 month rule of FP is correct then very few will get approved as very few have received 2nd FP notice....so I am not sure what is good or bad...we need to know if the folks who had got FP notice had recently renewed their EADs or not.

    I am current next month but I rate my odds as 2/98 meaning 2% chance of getting clear.....taking into account RD/ND/transfer/FP all vagaries into account....even Indian monsoon is more predictable.

    SoP

    Per my attorney and several forums i researched a second FP Is generally sent when your case is about ready to be approved and normally a good sign as they can approve GC and ask for FP after that before sending you cards. However in one forum i found someone posted a DHS release from 2007 describing the FP data is switched to digital storage in a system called BSS and will remain valid for 75 years, thus one theory says that if your first FP was done digitally you may not need second FO and IO can access the results of first FP and approve. But who knows what is true, all of these are speculations.
    I have not got second FP notice either and my first and only FP happened in Nov 2007.



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  • aadimanav
    08-19 04:53 PM
    Looks like there is not much focus on this thread now, we should really Bump this Thread up so as to get Maximun Visability on the home page.

    This is our last chance to get the new bill approved so i would suggest to go full steam.

    Who did you send the letter/petition? The reason I am asking so that I can update the list on page 1.





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  • vivache
    09-25 07:13 PM
    I agree with both the ideas.
    In fact the idea of the banner with 'Waiting for X years' is fantastic ..
    That would be an amazing sight where everyone holds placards that say since when they have been waiting.
    If it's even 400 people .. we have 400 people saying look we've been waiting since 5,7 or 9 years.

    It's also important to get in heavyweights like either local folks like Google HR head or any public face. Google has always supported the Immigration issues .. since they have problems because they couldn't hire folks when the h1 lottery happenned.



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  • aadimanav
    08-15 06:28 PM
    * bump *





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  • sravani
    05-12 11:32 AM
    My heart really goes out for Neelima and her family! I also faced this kind of situation in my office to a lesser extent.

    I am working as a permanent employee for a company and there are very few Asians working in this company. One of the business unit is outsourced to India and in our annual off-site meeting, the manager of that business unit sarcastically mentioned in the meeting infront of all the employees, how people in India lie about their resumes and how Indians are inefficient etc. etc. I felt so angry, sad and immediately walked out of the meeting.



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  • ivslave
    09-12 10:03 AM
    good guys/gals.... for your opinions and votes.....





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  • rsayed
    08-24 03:56 PM
    Hi
    I am applying for AP (new). Are they issued with 1 year validity or 2 years ( now that EAD is being given for 2 years)?

    I recently applied for my renewal (AP & EAD) - got my AP approved in less than 3 weeks (which is good processing time).

    Validity was for one year, only and from the date the previous AP expired.

    EAD - Still waiting - it's 47th day, today and counting. Hopefully before I hit the 60 day mark...that seems to be the processing time, these days.



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  • javadeveloper
    12-31 04:22 PM
    You are absolutely right, It�s nature and as you said and I quote �nature created nature which is created by nature and so on...�

    And for some people to which you call �nature� they call it �God�

    Just different terminology, they do the prayer of nature (for some its God) and they never judge the acts of nature (God).

    I feel comfortable with these words "Nature Bless everyone" ,Not with the words like "God Bless everyone".

    May be As a Hindu I'll start visualizing Shiva/Vishnu/brahma/Rama/Krishna etc.. when someone says "GOD" .For Christians they may start visualizing Jesus and Allah for Muslims.





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  • gc_rip
    02-08 01:45 PM
    Hi,

    I have 3 yrs degree + 1 yr PG diploma. I have been working in industry for past 17 years, and don't think any degree or even doctorate would add much to my qualification for the job that I am doing.

    I am currently filed in EB3 category, and new company I am changing job to are ready to refile my GC. But they won't file my GC in EB2 category, as I don't meet the 4 yr BS requirement.

    My son will be in the highschool in 4 years, and I don't want to spend a lot of money on getting MS to myself. But for the GC I am looking for fastest and cheapest way to get MS program. I have no idea how it works, what qualifies me for a degree, what can I get credits for. Any inputs would be appreciated.

    Thanks!



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  • saimrathi
    08-27 12:04 PM
    Recd by "Hindera".. No checks cashed yet.. No RN.. more info in signature...





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  • LC2002
    09-06 11:15 AM
    It's just bad luck to get that kind of CBP officer. It's upto you to ignore this or escalate it. In my opinion behaviour of CBP officer was wrong.
    If you want, You can write letter to Commisioner of CBP about the incidence, following is the address :
    http://www.cbp.gov/xp/cgov/toolbox/contacts/headquarters.xml

    This happened in DC's large Dulles Intl airport.



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  • kss
    01-17 09:03 AM
    Did my part. Made a donation of $121.00 and encourage others in the similar situation to do the same to help us get out of this misery.
    Keep up the good work.





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  • JulyFiler
    09-22 02:25 PM
    ----
    Ok, now that you have negated all ideas from other people, we anxiously wait for your ideas :)

    I am sure you are not just some reactive person who can only criticize but can also provide us with a solution.
    Lets hear em.


    I feel lobbying is the best way followed by occasional rallies.
    And we need to do some high-profile lobbying. Like get the big companies involved. I hear these big companies have their own lobbying manager (Google has them) working full time. And they have deeper pockets than our $20 or $50.





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  • sayantan76
    07-02 09:38 AM
    last time i posted this idea everyone ridiculed.

    Well we desis can only follow the lead of firingis.. so firingis say that who the f*** asked you to come here in the first place and we understand their logic and tell ourselves who the f*** asked us to be here in the first place .. so we are to blame ourselves for everything and take the crap anyway..

    But that is not the point.

    The point is that me and my company and you and your organisation have paid a service fee with a reasonable expectation of service. reasonable expectation of service is subject to interpretetion based on common sense and no f**king common sense says that waiting 10 years for GC is reasonable .. unless your common sense has been replaced by self disrepecting logic ....
    i am not a lawyer but i think that when you pay a processing fees to apply for a privilege (drivers license, business permit, visa, green card etc) from the appropriate statutory authority (DMV, USCIS, Dept of Commerce etc) - the payment of fees does not make you the customer of the statutory authority - so to the extent that USCIS has not broken a law to discriminate against a particular set of applicants (class) - a class action may indeed have no merit.

    However, if it can be proved that there has indeed been gross negligence or that USCIS has not followed its own established procedures, made commitments but not honored those, lied or broken the law of the land - then there may be a case.......

    another angle is that if the law itself violates the constitution - there is a separate procedure to appeal against such a law (like may suits going on in state courts on laws related to gay rights) - however USCIS would not be party to such a lawsuit since USCIS does not make laws. one would need not only a good immigration lawyer but also a constitutional expert for a venture like this.





    Green.Tech
    09-14 09:43 PM
    I know I will get reds for pouring cold water but well who cares ..
    ---------------------------------------------
    US Economy Facing 'Death by a Thousand Cuts': Roubini - Financials * Europe * News * Story - CNBC.com (http://www.cnbc.com/id/32837255)
    Additionally, non-government bonds will face pressure, the securitization market is all but dead, the credit markets are still frozen and consumers will continue to save more rather than spend and boost growth.

    "It's going to be death by a thousand cuts," said Roubini, chairman of RGE Monitor and economics professor at New York University's Stern School of Business. "The financial system is severely damaged, and it's not just the banks."
    Roubini predicted more than 1,000 financial institutions could fail before all is said and done.

    At the same time, he said housing prices are likely to fall another 12 percent in the next year�40 percent overall since the market began its steep decline�and about half of all homeowners will owe more on their mortgages than their houses are worth.

    Ahh, I was wondering what happened to the nay sayers. Here we go again. I agree with the general consensus that owning a house is a personal matter; depends on each person's own situation. I am amazed by why some folks are hell bent on making others agree to their extreme opinion; be it "yes you must buy" or "no you must not buy". Everyone is correct in what they think is right for them. For the record, I don't own a house, at least not yet. :)





    mhkumar
    02-18 01:57 PM
    I filed FOIA request for my i-140 approval notice(using i-140 receipt #) and I got the response from USCIS. Surprisingly they said they were not able to find my approval
    notice. They could find my i-140 petition and sent me copies to 2 pages from
    the petition. I am not sure why they couldn't find the approval notice.
    I double checked my FOIA request and I mentioned the receipt number correctly.
    On the USCIS case status page, it clearly shows that i-140 is approved.
    I have the i-i40 receipt notice. Are there any alternatives?



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