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  • Maverick_2008
    04-24 11:47 AM
    Getting a driver's license is also problematic in some states.

    Maverick_2008





    Hello all,

    I am starting this thread exclusively to know and understand all kinds of problems faced by our legal non-immigrant visa community, does not matter if it is minor or major, just put your experience here. Unless we tell and discuss about our problems, how we can expect a solution? So, let�s list all our issues here, rank them and forward it our law makers. I am very hopeful that they will help.

    I am a firm believer of the proverb "Crying baby gets milk!"


    I feel that we are here to compensate the shortage of highly skilled people and we do not deserve unnecessary hurdles/problems/pains that adversely affect our normal lives! We have other things to worry about! For example if our kids don't poop!;)

    Here is one I have faced personally and I feel it is absolutely unnecessary! ( or may be it can be changed )

    1. Travel issues....when you have applied for H1 extension, sometimes it takes 6 months, you cannot travel during this period, and you have to wait till it is approved. Have paid $1000 twice for premium processing! How this can be fixed ?





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  • Berkeleybee
    04-10 06:55 PM
    Friends:

    I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)

    I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).

    "The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."

    Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.

    If I am way off base on this, then brickbats are also welcome.

    bkarnik,

    Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.

    To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.

    I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf

    Now how do we go about changing this provision to include I-140 -- not sure.

    However, it is simply a case of moving the ball around --

    either you ask that people be able to file adjustment of status even if visa numbers are not available

    OR

    you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.





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  • arc
    09-04 06:21 PM
    I am interested if there is anyone sponsoring tickets/miles/acco? Wanna fly from SJC to DC and back, I can afford to take a couple days off.





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  • peacocklover
    08-03 07:24 AM
    Yes, I agree.. those roaches need to be crushed down with good governance..Unique Identification Authority of India (UIDAI (http://en.wikipedia.org/wiki/Unique_Identification_Authority_of_India)) project is the first step of that process to have transparency to credit system, risk assessment, tax accountability, govt spending, crime control and so many others.. ... I think it will be a reality in next few years. similar development perspective is up with china now..they increased domestic consumption rather focusing only on exports..
    US needs revise this per country limit based EB immigration policies to stop reverse brain drain otherwise it will be loose the talent and the edge in research power which is the heart beat of US economy..


    If Indian bureaucracy is improved, corruption is drastically reduced and transparency is increased, India is the best place. But will this happen with this corrupt minded, useless and nasty politicians?



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  • Rihanna Black Eye Pictures



  • enggr
    09-26 02:37 AM
    I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.

    Country: India
    Date of Joining with current employer : Jan 2006.
    PERM Filing/ Approval Date: Aug 2006.
    I-485/ EAD filing Date: July 2007.
    I-140 RFE received date: Sep 2007.

    The RFE reads as follows.

    ---------------------------------------
    "Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
    If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
    ---------------------------------------

    This is my history.

    I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
    I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
    But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.

    I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
    I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.

    The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.

    Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.

    My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.

    I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.

    Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?

    Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow





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  • desitechie
    10-26 10:11 PM
    I wanted to find about pre approved or pre adjudicated case, We have been hearing the same more often in the forum, so out of curiosity i opened a Service Request.

    I kind of have a good relation ship with the former employer, worked with them for 4 years. I just called my company HR and he said he does not know my name is on withdrawn list but he will check the list and let me know tomorrow.

    Take an infopass appt ASAP.

    The officer in the local USCIS office will be able to give more details about your case.



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  • Chris Brown pleads for



  • amit_p27
    06-26 12:32 PM
    Dont mean to flame you, but you say that you are not a crab and the next moment you bring up religion, faith, Indian etc and associate that to IV's
    goal.

    Whats wrong in that are they not the guiding principles of living life. when we all get angry about not getting the GC, this same faith and values keep us sane. I associate these with IV so that God can give them strength to succed. we will give our donations to support that.

    other news, I hope, we will have this bill passed............





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  • lazycis
    12-17 07:17 PM
    4. What are the advantages of filing AC-21?


    I do not see any.



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  • Rihanna#39;s family is opening up



  • gc_lover
    07-27 01:23 PM
    And how are you sure that the second application will be correct and not have any errors that the first one had? :D

    In that case, we can have third application ready!





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  • hebron
    07-06 03:47 PM
    Wishful thinking - Would be nice if the court went against AZ and asked the congress and senate to resolve the issue soon through legislative action. Republicans will be against any sort of amnesty, so not a thing will happen till November, but there may be chances of piecemeal legislations to address legal immigration issues if Republicans get the majority.

    I have paid over $10 K in attorney fees so far and Obama wants to legalize the illegals who broke the law by granting them amnesty and asking them to pay a "fine"? If this happened in our home country, wouldn't we all do the same and think the same as the people of Arizona? I'm in favor of AZ taking this initiative .



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  • the Chris Brown/Rihanna



  • indianabacklog
    03-17 08:49 AM
    Just cut your losses and so much time that you have already spent on trying to salvage this I140.

    Was in exactly the same position as you are now six years ago and had to start a new application.

    I still do not have a green card due to the labor certification backlogs and visa number retrogression but at least have got an approved I140 and AOS in process.

    My advice to you is, MOVE ON!

    Spend your money on a new application with the correct wording in your adverts and in the more applicable category.





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  • nogreen4decade
    07-16 07:20 PM
    1. Doesn't matter who it is citizen or not - you have to show legal status. If you read the law carefully, you will be put in a holding prision and given a change to prove legal status (contact family tobring your passport), etc. This is not a traffic stop - a decision will not be made on the stop. That's why there are strict rules stating who can be asked.

    2. By law you have to carry identification. Does this mean as a citizen or non-immigrant visa holder, you have to roam with all your docs? No! This is why we fought so hard to make sure US-states give driver's licenses?ID cards to people here legally ONLY. So, you just carry your DL.

    3. Item 1 above applies here.

    Do you think the people who wrote this Bill did not think of all this? You have to be pretty naive to think that only you thought of these senarios. There is no racist movement behind it.
    You apparently dont know ammendments.... Read 4th ammendment... No reason to waste my time replying you



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  • laborfd
    04-01 11:58 PM
    sent both fax





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  • punjabi
    08-28 04:15 PM
    hey guys...

    I read this amazing thread and I am feeling terrible guilty of not going to DC for Rally. I thought contributing $100 was enough.

    YES, I GOTTA GO TO RALLY AND BE A PART OF THIS EFFORT. AND I WILL GO.

    Guys: If IV wins and we are able to change the law.....and then someone comes across you and ask:

    "Did You help?"

    What will be your reaction? Will you pump your chest out and scream "YESSSS..."?

    I know, I will. How about you?



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  • pooja_34
    12-22 06:30 AM
    Nodoby answers the phone or checks emails on those email ids. What we need is Meera Shankars email address.


    EMBASSY
    --------------
    Embassy of India - Washington DC (official website) United States of America Passport Services FAQ (http://www.indianembassy.org/index.php?option=com_faqs&task=detail&id=2#22)

    Passport Services - Assistance/Complaints
    Assistant Consular Officer
    Phone: (202) 939-9861

    Attach� (Consular)
    Phone: (202) 939-9832

    Consulate General, NY
    ---------------------------

    Consulate General of India, New York, U.S.A. - indiacgny.org - www.indiacgny.org (http://www.indiacgny.org/php/showHighLightDet.php?h_id=165&key=)

    Any unresolved problems with the Consulate? Please click HERE


    For unresolved matters relating to Passports, Attestations, Renunciation/Surrender Certificate, PIO, Visa etc. please send email at: cg@indiacgny.org giving details of applicant�s full name(including middle name), passport number, date of application, application ref. number, brief background of the case, etc.

    For unresolved matters relating to OCI, please send an email at: dcg@indiacgny.org giving details of applicant�s full name(including middle name), passport number, date of application, application ref. number, brief background of the case, etc.





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  • EdenMN
    06-27 02:39 PM
    Mr. janakP


    if you can not suggest a good place to get photos, that's ok. but

    watch your tongue, before commenting on someone....



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  • shana04
    02-13 12:27 PM
    Hi Shana

    But the nature of the job responsibilites are same but i believe the Job code may change b'cos of the Title.



    I believe it is not a problem, I have read in other threads. but I would suggest lot of attorneys are only taking 300 or 500 dollars to file aC21. it is worth spending.

    Good luck





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  • gsc999
    10-11 05:20 PM
    I have sent a mail to the moderator of my region group to include my name and will particpate actively.

    Great! I hope others on this thread will follow your lead.





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  • tinku01
    02-17 09:11 PM
    thanks for your supportive words for CP filers now CP filers need some relief as they are not able to get an EAD/AC21. I think we could ask to allow CP filers to file 485 with out having dates current and conserdering their CP filing date to get EAD and AC21.

    Thanks everybody we need your support to come out of this situation.





    aroranuj
    04-15 08:57 PM
    Hello All,

    I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.

    "A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.

    Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.

    However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"

    Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.





    sanju
    10-22 04:56 PM
    Hey 12 year old Sissy, by any chance is Chris Hansen with you today? I am scared talking with you because I don’t want to talk to 12 year old sissy who has been told not to talk to strangers. Remember what I am talking about :rolleyes:

    Anyways, your "assumption" that majority of people are against reputation system is not correct. We see these threads occasionally but it seems almost everyone give reputations. If you are against a system and you have a choice not to participate in the system, would you still participate even if you hate it and can chose not to participate? The participation of almost everyone is a testimony to the fact that majority opinion is not against reputation system.

    As far as -ve personal messages are concerned, you have the choice not to look at it. Why not exercise that "choice" and not put the burden on someone else for leaving you an obnoxious message. Its like you are searching for bad information about yourself and as soon as you find something, you start complaining about it. Good that people cannot look into the mind of everyone else otherwise you will ask some mechanism to erase those "wrong" thoughts from their brain. I mean is there an end to this thing?

    Have you heard of the word - Hypocrisy. Well, that’s that I am calling here. Why do you keep looking at your reputation and -ve messages if you don't care about it? And if you don't care about your reputation then why you continue to look at it every minute, and complain about it. Either you care or you don’t. It can’t be bother at the same time. And I am choosing to express my opinion for this senseless behavior as it irritates me. I hope you agree that I can make that "choice" to express, I mean you may want to check with Chris Hansen before saying "yes".


    Good points Sanju we should weigh the +s and the -s of the rep system, however you are missing the core of the complaints. Which is that people giving reds are usually (though not always) doing it as a personal attack (you suck, F*'s etc.), whereas every green that one receives is usually on subject matter (I have not seen a "you stud"!! kind of +ve reps ;) ).

    Also, what it wrong for people to complain about the system? If people have the right to give reds, why shouldn't the forum be allowed to complain about it? And if the popular opinion is against it, then the system can be dismantled.

    At both ends (the extreme left and the right) it is always "my way or the highway". Neither one recognizes that there are people with different view points, and that everyone should be given an opportunity to air their own views (live a life of their choosing etc.).



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