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  • mbawa2574
    07-06 09:02 PM
    Hopeful has a valid point when it comes to sending flowers to USCIS. I am not sure that will make any difference . Flowers will not change USCIS overnight but will get us some good media publicity .Yes when it comes to american or any other politics , money is an important factor and if you can hit money, all issues can be resolved. I wish India one day becomes such a prosperous country that immigration no longer is lucrative for Indians and none of our generations to come have to go through all this mess !!!!!!:D





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  • wa_Saiprasad
    05-14 07:36 PM
    there is something like fiancee visa, please search for more details on that
    thanks

    Sad to hear about your situation. You are the best judge of yourself. Fianc�e works well it worked for my friend. Google should get more indepth details on this.





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  • nagio
    05-30 02:19 AM
    Done. Thanks. For me and my spouse.





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  • GCplease
    05-09 09:58 AM
    OMG, I am truly apalled by these stories. What is DOS upto.

    Reminds me of the movie Rendition where the guy will be taken to another country and physically tortured because he is an American Citizen but born in a Muslim country and he is a chemical Engineer.

    Here in these real life stories, the physical torture is not there (Thank God), but the emotional torture is equally worse. I still cannot believe something like this can happen in this century.

    People forced to have an extended stay in their home country, forced to let go of their belongings in US, not sure if their employer will preserve his job, this is ridiculous.

    Guys, I am really sorry for you. I would suggest, a bunch of you guys join together, contribute some money and consult with an Attorney like Sheila Murthy or Rajiv Khanna and try to coordinate things through Immigration Voice because our name could carry some weight. There should be atleast 10 of you guys so that there can be the desired impact. I am sure your Employers will be backing you. Get letters from them, document your sufferings and get in touch with Senators and congressmen.

    I sincerely hope your sufferings will come to an end in the near future.

    I think, getting my visa re-stamped has become the most inhuman experience. I received my visa renewal I-797 in January 2008 and since I was visiting India in Feb 2008, I decided to get the remaining period (2 years) of my H1B visa stamped. I was not expecting any trouble since I had received my 2nd visa stamp just last year in March 2007. I thought it was impossible for the visa officer's to not have my information since I have been through the drill two times before. Unfortunately, on the Feb 11th, when I went to get my passport stamped, the Visa Officer started giving out blue handouts (this one is not even listed on the New Delhi embassy website) one after the other and sure enough to me too. She wanted to know what I did (Quality Engineer in a biotech company) and even while I was explaining she started chit chatting and laughing with her superior (I assume). Then she wanted to know about my experience of over 4 years in just three words. I was completely shocked. How could I sum up my experience in 3 words. I gave her my answer but was bluntly told to take the blue handout and send the questionnaire and resume as listed to a given email ID. I did that the next day, having no idea what I was getting into. It has been over 2 and a half months now and till date I have no idea what exactly is my fault and what is happening with my visa. The visa officer kept my and my wife's passports and I-797 form and around march 11th asked for my i-129 and other documents which I promptly gave at the embassy. Every time i have called the embassy or the DOS, I get the same response that the application is pending security check and no more details can be given. They refuse to understand that I have a life and home there and i have to pay my bills. I have lived in US for 8 years now and have also completed my master's there. Every month I have to call the utility companies, insurance company, post office and phone company to know what my bills are and have to pay them. Every two months I have to spend close to Rs 1800 to fedex checks to my friends so that they can pay my rent. I have had to cancel my flight tickets and suffered losses there. I have not even filed my tax returns for the year. My life is thrown completely out of gear and i have no idea how i will pay my rent and bills if my company decides to put me on unpaid leave or just terminates my employment. The consulates refuse to issue even a visitor visa so that we can go to US and dispose off our properties. How inhuman and arrogant can the get? How could we possibly become criminals overnight? How can they expect our employer's to retain us after such long delays (so guys have been stuck for 8 or more months)? Aren't they forcing unemployment unjustly on us without any reason if they cannot find anything wrong with our background later? What national security secrets act is preventing the phone visa specialists from disclosing exactly where we are in the process and what is stopping the progress? There are so many questions that need answers and all of us feel helpless as we continue to witness DOS destroy our credibility, careers, our credit history...almost everything that we have worked so hard to earn. How can they expect to build bridges with the world when they are hurting unjustly so many people (29 pages worth of numbers at delhi website and some 59 pages worth of numbers at the chennai website and God knows how many on other consulates worldwide. I have heard people spending some $5000 every month in Canada. This is horrible and some community organizations and law firms must talk to the DOS/Whitehouse about this issue. National Security is must but there must be better way than playing with the future of so many innocent people (99% most likely of which will have acceptable backgrounds).



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  • anilsal
    08-13 10:51 PM
    "How many of us are going to attend the Sept. 18th DC rally?"





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  • longq
    12-29 10:56 AM
    I tend to agree with your interpretation that "NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE" refers to those beyond 140K. The language of law is always beautiful, isn't it?:)

    Anyhow, I still think it merits a deeper investigation and consultation with attorneys.

    No one analysed the statue of the language used in 202 5 a.

    If the total number of visas available under paragraph (1), (2), (3), (4), or (5).

    The key is OR. If the the intension of the language is total demand is less than 140,000, then it would have been "If the total number of visas available under paragraph (1), (2), (3), (4), and (5)"

    The language used in the 202 5 a, explicitly defines each preference catagory seperatly. Also it says "the visas made available under that paragraph shall be issued".

    For example the unused visas by EB1, let us assume 10,000.
    The visas avaliable in EB2 is 40,000 as per 203 b 2.

    Therfore the total visas in EB2 is 50,000.

    If the total demand is less than 50,000 in EB2 (India+Cina+ROW), the 7% quota is not applicaple.

    This is the very direct, simple interpretation of 202 5 A.

    Therefore one cannot (EB3-ROW) interpret, for their convenience. Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.



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  • Beemar
    01-25 10:52 AM
    Tri-Valley University Faculty Members (http://trivalleyuniversity.org/faculty_member.htm)
    Dr.Susan Xiao-Ping Su Tri-Valley University (http://trivalleyuniversity.org/message.htm)

    Founder is Chinese. Most of the faculty is also Chinese.

    This is fantastic :). Indians are still stuck with hole-in-the-wall body shops, and the chinese have an entire university to beat the immigration hurdles. Chinese genius is far superior.
    :D





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  • nrk
    10-26 11:39 PM
    Sending it to DOS would be a problem ??


    But why are they sending it to DOS unless you file for Consular processing?



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  • bikram_das_in
    07-13 01:58 PM
    Congrats for you phenomenal journey. Appreciate your contribution and continued effort for IV. Thank you.





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  • Saralayar
    07-27 01:47 PM
    Why do you keep calling them everyday? What is the urgency of getting receipts?
    This is the attitude of our guys. So desperate. The agents get irritated because of this.



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  • boys1729
    04-10 04:00 PM
    I know there are some of good <desi> consulting companies..

    �there are some of good <desi> consulting companies� �hmm.. debatable. Its like saying there are some good bad-apples. I think there can be grades for desi consultants like little bad, more bad, even more bad, horribly bad, ruthlessly bad�etc but not good.
    I don�t think there are any desi consultants who don�t fake their resume at least a little bit. Yeah, even a tiny bit (tiny bit according to consultants mostly will be quite a bit in normal standards) of faking is still faking. So how can you call them good?





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  • Macaca
    08-31 10:36 PM
    Even today i came across a friend saying according to his so and so friends thinking , EB2 should move very fast as last time it jumped from 2002 - 2004 or what ever in 2 months
    What is last time?

    EB-2 India moved 1 week in 1+ year without the applications submitted after June 1st



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  • crystal
    02-10 08:44 PM
    my receipt also start with wac currently in nsc and there is an lud on my case today .





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  • Libra
    01-16 01:00 PM
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  • hydboy77
    11-02 02:28 PM
    I dont think DOS will do any spillover, if by a miracle they do a quarterly spillover it can happen only in december, The whole idea of spillover is if there are any leftover visas they have to use it by the end of the year (i.e spetember 30) or if they do quarterly spillover as the law says then they have to do it by the end of the quarter i.e Dec 31, march 31, June 30.

    If the eb2 does not move to atleast march 2005 then it means DOS is not doing quarterly spillover.

    I don't have any high hope. I am guessing that Mr Oppenheim will do quarterly spill over of first quarter into first month of second quarter. So Lets wait for Jan bulletin..

    I argue all members not to keep too much hope for Dec bulletin. Eb3 India will move little bit but few months only.





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  • radhay
    06-01 11:34 AM
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  • softcrowd
    08-05 09:48 PM
    Eb2 - India PD: April 2004
    485 RD: 08/02/2007





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  • fightretro
    04-01 06:21 PM
    Sent fax # 10 and 11





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  • wahwah
    06-05 04:07 PM
    well this memo is taking it one step further than the last memo -

    it is saying that the I-140 must be approved before determining portability. which means most likely if you file for portability and your 140 has not been approved then USCIS will be forced to look at your 140 petition and approve it.


    I guess it is the same thing as earlier memo. They are saying that merely 180 days have passed since filing does not provide AC21 benefit. To determine AC21 benefit the petiton must be approved. So based on earlier memo, USCIS would see whther petiton can be approved. If yes then they will evaluate AC21. If not, then you got a problem.





    kshitijnt
    11-12 09:04 PM
    You may be able lodge a complaint at your district attorneys office. you have to find your local DA's details. If you are from one of the coasts the chances of your DA's office having a section for immigration related complaints is high.

    I agree. You should contact the office of the district attorney and ask for help prosecuting your employer for financial fraud. Also change your job immediately to avoid any further trouble.

    By law your employer can not fire you for being a whistleblower but since he is an unethical moron, he can stoop to any level





    yabadaba
    12-28 11:19 AM
    how do I avoid that scenario?

    If I send some information to USCIS that I am invoking AC 21, they would not allow my employer to revoke I 140?
    as far as i know, you cannot avoid that scenario of the employer withdrawing I-140. You can speak to them, but there is no way you can guarantee what they do. Your boss may agree but ur corp lawyers or HR may have different ideas.

    just make sure u document everything including ur ac21 request to uscis. mayke sure u have an attorney on record who will file ur ac21...if u want to be supersafe.

    as long as u have the documentation and correct letters from your company, even if they have a rfe on ur case, u can provide documentation...if they issue a noid or deny ur petition, ur lawyer can help u file a mtr (motion to reopen/reconsider) and resolve it for u.

    i am not speaking from personal experience but from what i have been reading on the forums for a few years now.

    on the plus side u will have hundred if not thousands of ppl invoking ac21 in the next few days...so uscis will be well aware of the law, clauses, etc when it comes time to adjudicate urs.



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