h1techSlave
03-25 07:30 PM
Using the same logic, they can avoid interviewing an African American.
I think we all should get together and file a class action law suit against those companies.
Yes, This comes into picture once company decides to hire. Now hiring is teh last process and beofre that you get grilled in multiple interviews. Employer is tsill at liberty not to interview EAD holder. If you are not interviewed, hiring would not come into picture and hence this text of law in I-9 form is worthless for you for that position. This I-9 text will only cover the situation for the period after hiring not before hiring.
I think we all should get together and file a class action law suit against those companies.
Yes, This comes into picture once company decides to hire. Now hiring is teh last process and beofre that you get grilled in multiple interviews. Employer is tsill at liberty not to interview EAD holder. If you are not interviewed, hiring would not come into picture and hence this text of law in I-9 form is worthless for you for that position. This I-9 text will only cover the situation for the period after hiring not before hiring.
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nsabavala
01-04 04:18 AM
:confused::mad:
I read on the murthy.com website that the UCSIS needs to go through the Kentucky Consular Center to obtain the PIMS verification. The number for the KCC is 606-526-7500. I am going to try and call them to see if they can give me any information on timelines.
For those people that have not left the US yet, it might be worth it to talk to your lawyers and see if there is any way you can have your names added to this database before you travel - that should eliminate any hassles once you leave the country. Much easier to try and do it from there rather than from here.
There is no number to call here to check on status - I have been sending emails to mumbaiNIV@state.gov but have not received any response from them yet. Not really a surprise. If anyone tries the number above and gets some response please let the rest of us know.
I read on the murthy.com website that the UCSIS needs to go through the Kentucky Consular Center to obtain the PIMS verification. The number for the KCC is 606-526-7500. I am going to try and call them to see if they can give me any information on timelines.
For those people that have not left the US yet, it might be worth it to talk to your lawyers and see if there is any way you can have your names added to this database before you travel - that should eliminate any hassles once you leave the country. Much easier to try and do it from there rather than from here.
There is no number to call here to check on status - I have been sending emails to mumbaiNIV@state.gov but have not received any response from them yet. Not really a surprise. If anyone tries the number above and gets some response please let the rest of us know.
Sandeep
01-24 09:27 AM
Java,
We are working on it. Media coverage isn't easy and immediate. They check us out, and take their time to research facts before even considering.
But the process has started.
If you know of any serious contacts that can help out, or have any suggestions about regional/local media pls send a note to info@immigrationVoice.org with "Media" as the subject, and it'll come to me
Thanks
Though efforts are going on, feel free to point out the Names, Contact Details and Issues they have raised in the past of any good article alligned to our cause. An example
Name - Sam Dillon
Contributes to - NY Times
Article (http://www.nytimes.com/2004/12/21/national/21global.html?ei=5088&en=5ee2e63d19b3d817&ex=1261285200&partner=rssnyt&pagewanted=all&position=) U.S. Slips in Attracting the World's Best Students
Contact Details - ?
A database of such contacts would help expedite the process for the volunteers
We are working on it. Media coverage isn't easy and immediate. They check us out, and take their time to research facts before even considering.
But the process has started.
If you know of any serious contacts that can help out, or have any suggestions about regional/local media pls send a note to info@immigrationVoice.org with "Media" as the subject, and it'll come to me
Thanks
Though efforts are going on, feel free to point out the Names, Contact Details and Issues they have raised in the past of any good article alligned to our cause. An example
Name - Sam Dillon
Contributes to - NY Times
Article (http://www.nytimes.com/2004/12/21/national/21global.html?ei=5088&en=5ee2e63d19b3d817&ex=1261285200&partner=rssnyt&pagewanted=all&position=) U.S. Slips in Attracting the World's Best Students
Contact Details - ?
A database of such contacts would help expedite the process for the volunteers
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abhijitp
07-31 02:59 PM
Pappu, special thanks for researching this topic, and posting updates regularly.
Last week I too consulted a high profile (about $200 per 15 minutes... you should be able to guess, I am not sure I am alowed to mention the name) lawyer to discuss this issue. To give you a brief background, my lawyer did not include the Employment Verification letter
1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got last week.
Thanks!
Last week I too consulted a high profile (about $200 per 15 minutes... you should be able to guess, I am not sure I am alowed to mention the name) lawyer to discuss this issue. To give you a brief background, my lawyer did not include the Employment Verification letter
1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got last week.
Thanks!
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HV000
08-10 10:50 AM
These are stupid quotes that will only make the situation worse. The real solution is to make the fingerprinting independent of the green card process. There is no point in trying to push for a faster name check in the post 9-11 world, it will be shot down legitimately. We need to make sensible suggestions not demands.
You better read the OMBUDSMAN Report before coming with irrational thoughts!!
You better read the OMBUDSMAN Report before coming with irrational thoughts!!
justin150377
07-09 10:29 PM
This is just a message to 2005/2006/2007 PD guys. Please don't think that some miracle will happen and dates will be current soon, it will take its own time. Mostly for EB2 & EB3June 2006- June 2007 guys, it will be like a lottery if the PD becomes current somewhere in 2007 Oct-Nov time. Right??
So life is not always easy. There are people waiting since 2002-03-04.
Don't think that life is not a FIFO always.
Why some of the guys became violent when I said, INDIA IS GREAT???
Guys.. do you know why I always feel like this???
As my parents,in laws and most of my relatives stay there. Not only mine, allmost all guys who are in the IV, they must have parents and relatives in India for sure. There is no other reason why I said India is great.
Someone asked me to pack up... YES, I will if nothing happens;however, I will be waiting to see the progress for sure. This is July. Let's have a look over OCT bulletin after 2 months and for sure dates will move atleast 4-6 months for EB2 guys and 1 year for EB3 guys. So wait, be patient, instead of doing all this.
Anyway, our turn will come sooner or later, so why to become impatient just seeing the JULY bulletin CURRENT and then "U".
Mainly this is the message for 2005-2006-2007 PD guys. Please don't take it otherwise.
Hey Smitha, if you have some extra cash, it sure sounds like you do given the fact you can afford to file multiple I-485s, feel free to donate some to IV.
So life is not always easy. There are people waiting since 2002-03-04.
Don't think that life is not a FIFO always.
Why some of the guys became violent when I said, INDIA IS GREAT???
Guys.. do you know why I always feel like this???
As my parents,in laws and most of my relatives stay there. Not only mine, allmost all guys who are in the IV, they must have parents and relatives in India for sure. There is no other reason why I said India is great.
Someone asked me to pack up... YES, I will if nothing happens;however, I will be waiting to see the progress for sure. This is July. Let's have a look over OCT bulletin after 2 months and for sure dates will move atleast 4-6 months for EB2 guys and 1 year for EB3 guys. So wait, be patient, instead of doing all this.
Anyway, our turn will come sooner or later, so why to become impatient just seeing the JULY bulletin CURRENT and then "U".
Mainly this is the message for 2005-2006-2007 PD guys. Please don't take it otherwise.
Hey Smitha, if you have some extra cash, it sure sounds like you do given the fact you can afford to file multiple I-485s, feel free to donate some to IV.
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sledge_hammer
11-22 07:57 PM
Real mature! You make shitty decisions of buying expensive homes, you don't own up your mistakes, you don't keep up your commitment of paying back the loan you have taken, you screw up people who ARE paying their mortgages, then blame the banks ALONE for the mess you are in!
What banks did was "predatory" lending. Now I would sympathize with if someone with no education to fall into such a mess and balme it on the lender. You and others like you who balme the banks all consider yourselves "higly educated" and "higly skilled". Hell you are even demanding congress to hand you a green card claiming to be one. But now that you have gotten yourself into a financial mess you blame the banks for all of your problems?
punjabi77 has claimed that his loss would be in the 20K ballpark. So he's not even in such a financial mess that he has to foreclose. He is merely looking for better opportunities in other cities. Then how is his decision to foreclose a "smart" thing to do? Last time I checked what he is trying to do is absolutely unethical! Nothing "wise" there!
Didn't your parents ever tell you what it means to be an adult? You ARE responsible for your actions and decisions. I guess they didn't instill any moral or ethics in you now did they?
I support kumar1 openion.
Buddy sledge_hammer this is the mess mortgage companies created, they need to face it.fanie's and fadie's caused this mess and they to need face it ? Do you think the individual should sit in that home and hit on their head with the 'sledgehammer' when they are in this mess? I would say get the f**k out of that house and lead peaceful life.
Sledge_hammer, use the thing in your screen name on your head to make your thoughts work correctly. Hey don't get me started.
What banks did was "predatory" lending. Now I would sympathize with if someone with no education to fall into such a mess and balme it on the lender. You and others like you who balme the banks all consider yourselves "higly educated" and "higly skilled". Hell you are even demanding congress to hand you a green card claiming to be one. But now that you have gotten yourself into a financial mess you blame the banks for all of your problems?
punjabi77 has claimed that his loss would be in the 20K ballpark. So he's not even in such a financial mess that he has to foreclose. He is merely looking for better opportunities in other cities. Then how is his decision to foreclose a "smart" thing to do? Last time I checked what he is trying to do is absolutely unethical! Nothing "wise" there!
Didn't your parents ever tell you what it means to be an adult? You ARE responsible for your actions and decisions. I guess they didn't instill any moral or ethics in you now did they?
I support kumar1 openion.
Buddy sledge_hammer this is the mess mortgage companies created, they need to face it.fanie's and fadie's caused this mess and they to need face it ? Do you think the individual should sit in that home and hit on their head with the 'sledgehammer' when they are in this mess? I would say get the f**k out of that house and lead peaceful life.
Sledge_hammer, use the thing in your screen name on your head to make your thoughts work correctly. Hey don't get me started.
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prem_goel
04-07 08:12 AM
I think this is very well said. As much as I'd want the predictions to come true, somehow I sense the same observation as below. It appears this has been said in the past, but all we see is very little movement. Secondly, as I recall, DOS had hinted that there'll be advance for EB2 India, I don't know if they mentioned EB2 China? Has anyone seen DOS themselves talking about EB2 C? The reason I am raising this here, is that maybe when DOS had said "substantial movement for EB2 India", did they mean that India will move to China's date (From May to Jul 06, 3 months movement)?
Guys,
We rode the same wave even last year with many of the same Guru;s predicting the same movement to 2007 and what we saw 2 weeks movement . There was one person called QSHEMK who after that went completely out of the picture or has rejoined with a new name .
Also I have analyzed that people who have a date in 2008 somehow predict that the dates might move to 2008 and people who have a PD of July predict that dates will move to August . This is just an observation and nothing more , and if you go through the threads thats exactly what you will see.
I will be equally benefited as you all will if the predictions come true , but be well prepared for a major heartbreak also like last year .
While it takes a lot of effort from some of the members to crunch such numbers I would be first to extend my sincere gratitude to them for doing this , I would also recommend you all to take the analysis and predictions with a grain of salt and not to raise your hopes too much on these predictions.
It has seldom worked for the last 6 years at least . Hope it does this time . I speak from experience in IV since 2006.
Guys,
We rode the same wave even last year with many of the same Guru;s predicting the same movement to 2007 and what we saw 2 weeks movement . There was one person called QSHEMK who after that went completely out of the picture or has rejoined with a new name .
Also I have analyzed that people who have a date in 2008 somehow predict that the dates might move to 2008 and people who have a PD of July predict that dates will move to August . This is just an observation and nothing more , and if you go through the threads thats exactly what you will see.
I will be equally benefited as you all will if the predictions come true , but be well prepared for a major heartbreak also like last year .
While it takes a lot of effort from some of the members to crunch such numbers I would be first to extend my sincere gratitude to them for doing this , I would also recommend you all to take the analysis and predictions with a grain of salt and not to raise your hopes too much on these predictions.
It has seldom worked for the last 6 years at least . Hope it does this time . I speak from experience in IV since 2006.
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rockstart
06-10 01:25 PM
I think this is a good initiative. If we see visa violations being done we need to report it. The reporting has nothing to do with India Indians or Indian companies. I am sure Cognizant IBM CapGemini are as good or bad as TCS Wipro or Infy. Plus people opposing this should realize that these same L1 are applying under EB1 category by utilizing the loophole and this is one of the bottleneck for people like us who are playing by rules. They are also violating wages standards and pulling the market down. So I do not see any reason to discourage people from reporting against malpractices in H1 L1 J1 or B1 visa.
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nomad
07-25 06:48 PM
Cool video. Good to see acknowlegement of flower campaign as a reason for USCIS decision.
Who is the guy in the video being interviewed - is he USCIS official?
Yes, he is a USCIS spokesperson. His name is Bill Wright.
From http://blogs.ilw.com/gregsiskind/2007/07/index.html, search voice of america there.
Who is the guy in the video being interviewed - is he USCIS official?
Yes, he is a USCIS spokesperson. His name is Bill Wright.
From http://blogs.ilw.com/gregsiskind/2007/07/index.html, search voice of america there.
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immigrationvoice1
04-17 03:47 PM
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SunnySurya
08-07 10:09 AM
These are the red dots and comments I have got so far:
Calling US educated and... 08-07-2008 10:54 AM anti-immigrant in the making
Calling US educated and... 08-07-2008 10:30 AM
Calling US educated and... 08-07-2008 10:24 AM Selfish!!!
Calling US educated and... 08-07-2008 09:37 AM very disappointing post.
Calling US educated and... 08-07-2008 03:12 AM From your post one thing is clear, you are an embodiment of selfishness. Oh by the way, I am also an EB2 guy who could benefit from your proposal. After GC, what is next stop? NumbersUSA ?
Calling US educated and... 08-07-2008 10:54 AM anti-immigrant in the making
Calling US educated and... 08-07-2008 10:30 AM
Calling US educated and... 08-07-2008 10:24 AM Selfish!!!
Calling US educated and... 08-07-2008 09:37 AM very disappointing post.
Calling US educated and... 08-07-2008 03:12 AM From your post one thing is clear, you are an embodiment of selfishness. Oh by the way, I am also an EB2 guy who could benefit from your proposal. After GC, what is next stop? NumbersUSA ?
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Robert Kumar
03-29 05:33 PM
Based on your calculations , Experts, please let us know what to expect, if 12000 GC are released for EB2. Where will the cutoff come and stop..
Can you please post that link that shows how many are waiting year-wise.
Can you please post that link that shows how many are waiting year-wise.
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Irs
04-01 04:31 AM
rodnyb (read your reply from Yesterday at 1:18 on page 7 of this blog.
All, The data rodnyb used is from Oct 2010 inventory where as I used Jan 2011 inventory data. This is my analysis..... Point out if I am wrong on any of my assumptions and I would be happy to correct myself and the data ...
The following are my assumptions based on the data available on Jan 05 2011 from
http://www.uscis.gov/USCIS/statistics/Employment%20Based%20I-485%20Pending%20Inventory%20as%20of%20January%2005 ,%202011.pdf
Assumptions are
No applications are remaining before May 2006 (based on current priority dates)
Consolidated information is as follows the data taken is from above USCIS link.
World Inventory EB2 (http://irscjb.blogspot.com/2011/03/eb2-analysis-employment-based-485.html)
2006 2007 2008 2009 2010
18850 15918 1073 3383 3411
India(Assumption there is 1 application(India Born) in every 2 applications received by USCIS Based on Aug 07 (185 applications - world inventory above)Vs Aug 07 95 applications - INDIA below ) based on (95/185 ~ 0.5), probability, the data from August 2007 onwards to end of 2010 is from India born applicants
2006 2007 2008 2009 2010
January 1540 36 78 160.5
February 1444 30 63.5 172.5
March 1404 36 102 187
April 1420 49.5 101.5 189
May 1110 1070 53.5 114 186.5
June 1696 1272 46.5 141.5 252
July 1505 1673 53 122.5 168.5
August 1677 95 46 163 200
Sept 1745 15.5 42 163 115
October 1747 25.5 42 301.5 39.5
Nov 1737 24 32 175.5 33
Dec 1881 20.5 70 165.5 2
2006 2007 2008 2009 2010
13098 10003.5 536.5 1691.5 1705.5
Based on the data of world inventory of May 2005 there are 1165 applications for EB2 and out of which 1110 is for India. Hence there is only 45 applications for the rest of the world for that month.
For Oct - Dec 2010
EB4/5 - 348 applicants
Eb1 - 1252 applicants
If considered that there are same number of applicants for Jan - April 2011 then from Oct 2010 to April 2010
EB4/5 - 696 applicants
EB1 - 2504 applicants
Expect at least for 6 months
9.3K from EB4/EB5 (total of 20K for EB4/5 and 10K for 6 months and after utilizing ~ 700)
18.8K from EB1 (42672 total and 21336 for 6months and after utilizing ~ 2500)
21.3 K from EB2 including ROW
I expect a total of 49K and considering porting of EB3 to EB2 & others it would be around 40K
With that said...
I dream to be current
Also, if there are 1 additional beneficiaries to the primary beneficiaries, then this 40K would become 20K in that case, I expect
Jan 2007 for India
if there are any 0.75 additional beneficiaries to the primary beneficiaries, then this 40K would become 30K in that case, I expect
June 2007 India
http://irscjb.blogspot.com/2011/03/eb2-analysis-employment-based-485.html - Complete blog.
All, The data rodnyb used is from Oct 2010 inventory where as I used Jan 2011 inventory data. This is my analysis..... Point out if I am wrong on any of my assumptions and I would be happy to correct myself and the data ...
The following are my assumptions based on the data available on Jan 05 2011 from
http://www.uscis.gov/USCIS/statistics/Employment%20Based%20I-485%20Pending%20Inventory%20as%20of%20January%2005 ,%202011.pdf
Assumptions are
No applications are remaining before May 2006 (based on current priority dates)
Consolidated information is as follows the data taken is from above USCIS link.
World Inventory EB2 (http://irscjb.blogspot.com/2011/03/eb2-analysis-employment-based-485.html)
2006 2007 2008 2009 2010
18850 15918 1073 3383 3411
India(Assumption there is 1 application(India Born) in every 2 applications received by USCIS Based on Aug 07 (185 applications - world inventory above)Vs Aug 07 95 applications - INDIA below ) based on (95/185 ~ 0.5), probability, the data from August 2007 onwards to end of 2010 is from India born applicants
2006 2007 2008 2009 2010
January 1540 36 78 160.5
February 1444 30 63.5 172.5
March 1404 36 102 187
April 1420 49.5 101.5 189
May 1110 1070 53.5 114 186.5
June 1696 1272 46.5 141.5 252
July 1505 1673 53 122.5 168.5
August 1677 95 46 163 200
Sept 1745 15.5 42 163 115
October 1747 25.5 42 301.5 39.5
Nov 1737 24 32 175.5 33
Dec 1881 20.5 70 165.5 2
2006 2007 2008 2009 2010
13098 10003.5 536.5 1691.5 1705.5
Based on the data of world inventory of May 2005 there are 1165 applications for EB2 and out of which 1110 is for India. Hence there is only 45 applications for the rest of the world for that month.
For Oct - Dec 2010
EB4/5 - 348 applicants
Eb1 - 1252 applicants
If considered that there are same number of applicants for Jan - April 2011 then from Oct 2010 to April 2010
EB4/5 - 696 applicants
EB1 - 2504 applicants
Expect at least for 6 months
9.3K from EB4/EB5 (total of 20K for EB4/5 and 10K for 6 months and after utilizing ~ 700)
18.8K from EB1 (42672 total and 21336 for 6months and after utilizing ~ 2500)
21.3 K from EB2 including ROW
I expect a total of 49K and considering porting of EB3 to EB2 & others it would be around 40K
With that said...
I dream to be current
Also, if there are 1 additional beneficiaries to the primary beneficiaries, then this 40K would become 20K in that case, I expect
Jan 2007 for India
if there are any 0.75 additional beneficiaries to the primary beneficiaries, then this 40K would become 30K in that case, I expect
June 2007 India
http://irscjb.blogspot.com/2011/03/eb2-analysis-employment-based-485.html - Complete blog.
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axp817
09-20 07:06 AM
Did anyone see any Soft LUDs on their 485 or old EADs before their approvals/RFEs?
My PD is June 7 2006, not current. Yesterday, I had a soft LUD on my 485 and my first EAD. These two haven't seen any activity since early 2009, and I'm wondering if this means anything or if I'm reading into this a little too much.
thanks,
My PD is June 7 2006, not current. Yesterday, I had a soft LUD on my 485 and my first EAD. These two haven't seen any activity since early 2009, and I'm wondering if this means anything or if I'm reading into this a little too much.
thanks,
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Rayyan
08-19 10:49 AM
Hi All, I had a quick question.
My I-485 got approved earlier this week from NSC and I received the approval/welcome letter by USPS.
My online status is at post-decision activity and not at CPO.
Though my welcome notice says that I should receive the card in 3 weeks, I am wondering if I need to be at CPO status before that happens....also I read somewhere they may require another FP before CPO (that was talking more abt transfer cases, but mine has always been at NSC).....but nowhere in my approval notice does it ask for an FP.
I was wondering if I should just sit tight and wait for the physical card or try to find out more information.
Thanks so much.
My Status remains on Post Desecion activity and I got Green card within a week after it changed from CPO to Post decision activity.....
My I-485 got approved earlier this week from NSC and I received the approval/welcome letter by USPS.
My online status is at post-decision activity and not at CPO.
Though my welcome notice says that I should receive the card in 3 weeks, I am wondering if I need to be at CPO status before that happens....also I read somewhere they may require another FP before CPO (that was talking more abt transfer cases, but mine has always been at NSC).....but nowhere in my approval notice does it ask for an FP.
I was wondering if I should just sit tight and wait for the physical card or try to find out more information.
Thanks so much.
My Status remains on Post Desecion activity and I got Green card within a week after it changed from CPO to Post decision activity.....
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pappu
08-20 12:00 PM
I remember 11 years ago calls to India were 75 cents per minute.
Now they are 1 cents a minute if you use Airtel.
This Vonage offer is truly revolutionary for international calling to the 60 countries listed. I suspect soon other VOP services in USA will start providing free calls to India once they see customers switching over to Vonage. This should include VOIP service providers that also provide internet and cable services. If they do not catch up, cable companies will lose customers in the phone sector. If ooma: Free home phone service. Call anywhere in the US with no monthly fees. (http://www.ooma.com/) , MagicJack or Skype provides this, it will be much for cost effective to customers.
Such services will help bridge the communication gap between immigrants in USA and their home countries. It will feel like making a local call to family and friends anywhere in the world.
Now they are 1 cents a minute if you use Airtel.
This Vonage offer is truly revolutionary for international calling to the 60 countries listed. I suspect soon other VOP services in USA will start providing free calls to India once they see customers switching over to Vonage. This should include VOIP service providers that also provide internet and cable services. If they do not catch up, cable companies will lose customers in the phone sector. If ooma: Free home phone service. Call anywhere in the US with no monthly fees. (http://www.ooma.com/) , MagicJack or Skype provides this, it will be much for cost effective to customers.
Such services will help bridge the communication gap between immigrants in USA and their home countries. It will feel like making a local call to family and friends anywhere in the world.
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Saralayar
01-05 09:37 PM
Yes we can consider that too for our argument. 10 years in another country without citizenship is meaningless (most important part of our life is being spent here).
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pani_6
08-21 07:32 PM
I have not seen any place where the change the rules of the Games inbetween..So for EB-3's of early 2000..we were expecting GC's in 2-4 years and EB-2 in 1-3 years..we didnt see any big difference here..ok we said we can apply in EB-3 and wait a year longer...
If we knew that DOL would suddenly change the rules..there was no reason for us to apply in EB-3..we could have looked for another job or convinced our manager to apply to apply in EB-2..if the situation could turn so dire as we know now..Now look at the new guys..they will never apply in EB-3..even the lawyers will advise thier clients to apply in EB-2..so the old intrepretation should remain for the older cases and new interpretation for cases when USCIS decided to change the interpretation...
YOU CANT CHANGE THE RULES IN THE MIDDLE OF THE GAME!
There is no ambiguity in law. The law is clear. One law (and one rule) should yield one interpretation. If someone interperting the languge of law differently; then that is their mistake. Thats what DOS was doing in between 2001 and 2006. This could be possible for them because no one was going after DOS. Now somehow they realized (or some affected applicants notified DOS). If the old practice is a result of correct interpretation of law, why they should change now? This is very high sensitive area; DOS might have not changed their practice without risk analysis. They should not care about how much retrogression in India; They should only care about implementing the law correctly, as becuase they are executive branch of government not legislative branch to worry about retrogression.
If we knew that DOL would suddenly change the rules..there was no reason for us to apply in EB-3..we could have looked for another job or convinced our manager to apply to apply in EB-2..if the situation could turn so dire as we know now..Now look at the new guys..they will never apply in EB-3..even the lawyers will advise thier clients to apply in EB-2..so the old intrepretation should remain for the older cases and new interpretation for cases when USCIS decided to change the interpretation...
YOU CANT CHANGE THE RULES IN THE MIDDLE OF THE GAME!
There is no ambiguity in law. The law is clear. One law (and one rule) should yield one interpretation. If someone interperting the languge of law differently; then that is their mistake. Thats what DOS was doing in between 2001 and 2006. This could be possible for them because no one was going after DOS. Now somehow they realized (or some affected applicants notified DOS). If the old practice is a result of correct interpretation of law, why they should change now? This is very high sensitive area; DOS might have not changed their practice without risk analysis. They should not care about how much retrogression in India; They should only care about implementing the law correctly, as becuase they are executive branch of government not legislative branch to worry about retrogression.
immigrationvoice1
03-24 01:48 PM
Its been over 3 hours now that I informed CapitalOne that the discrimination is illegal. And as expected, no reply received yet.
hopeforgcfast
08-16 01:31 PM
Am a new member here. Thought of posting the follow-up activities I have done till now and the results for the same.
Details:
PD: Oct 2005
Center: NSC
I485 RD: 07/26/2007
I485 ND: 08/24/2007
FP done only once in 2007 (forgot exact date).
Follow-up:
08/03/2010: Opened SR for primary (self)
08/05/2010: Sent email to NSCfollowup. Got reply that this account address is for following up on open SRs.
08/09/2010: Infopass appointment, did not get any useful info other than that case is being processed
08/09/2010: Opened SR for Secondary (spouse)
08/12/2010: Got response for 1st SR. Main gist of reply was that due to pending caseload in Nebraska, the processing time for my case has been extended :(. But the statement that got my attention was "Your application remains awaiting review by an Officer and you will be notified as soon as a decision is made. The Service is waiting for VISA availability." So called helpline again and was able to get to 2nd Level IO. She said that this statement is a mistake and that Visas are still available. Also confirmed that my case is with IO. However she said that I might be required to do FP again. The FP might be causing the delay.
08/13/2010: Contacted local congressman and asked help for following up.
08/13/2010: Send letter to Ombudsman
Latest status: Still waiting, not sure what other action I can take.
Details:
PD: Oct 2005
Center: NSC
I485 RD: 07/26/2007
I485 ND: 08/24/2007
FP done only once in 2007 (forgot exact date).
Follow-up:
08/03/2010: Opened SR for primary (self)
08/05/2010: Sent email to NSCfollowup. Got reply that this account address is for following up on open SRs.
08/09/2010: Infopass appointment, did not get any useful info other than that case is being processed
08/09/2010: Opened SR for Secondary (spouse)
08/12/2010: Got response for 1st SR. Main gist of reply was that due to pending caseload in Nebraska, the processing time for my case has been extended :(. But the statement that got my attention was "Your application remains awaiting review by an Officer and you will be notified as soon as a decision is made. The Service is waiting for VISA availability." So called helpline again and was able to get to 2nd Level IO. She said that this statement is a mistake and that Visas are still available. Also confirmed that my case is with IO. However she said that I might be required to do FP again. The FP might be causing the delay.
08/13/2010: Contacted local congressman and asked help for following up.
08/13/2010: Send letter to Ombudsman
Latest status: Still waiting, not sure what other action I can take.
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