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Sunday, July 17, 2011

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  • dealsnet
    09-02 01:43 PM
    Your previous thread, you narrate the incident. You are pleaded guilty in the court. But now you are saying the court dismiss because unintentional stealing.
    Which is correct ???
    You are stealing/swallowing your own words ??? !!!!!!!!!!!!!!
    SEE YOUR PREVIOUS THREAD.
    http://immigrationvoice.org/forum/forum105-immigrant-visa/24389-travel-on-ap-to-india-shoplifting-case.html


    Hi there,
    I have been arrested for shoplifting. Finger printed,and produced in court. The case has been dismissed as I did not do it on purpose. I got the document from the court that case is DISMISSED. 1. Is it good to do the "Case Expungement"?
    2. Does the port of entry officer sees the arrest even I expunge the case?
    3. any other scenarios I might encounter?
    Any suggestions are highly appreciated
    Thank you





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  • indyanguy
    09-09 12:42 PM
    I Where did you find this information about limiting EB2 to managers only?

    Check out this post - http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/20720-calling-us-educated-and-eb2-people-14.html#post300225

    I am not sure what came out of this campaign (I really haven't read the entire thread), but it appears that at first glance, it had to do with limiting EB2s to certain job titles.





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  • pappu
    08-23 11:49 AM
    These are good suggestions. What can we do as a group ? Can we arrange a demonstration in DC ?
    We are currently trying to work with the government and not go against it It might prove counterproductive. We as a group need to expand further. Strength is also in the numbers. While we are only 5550+ we represent half million people stuck in the greencard process. We need to reach out to all those people and get their support.

    Each individual here on the forum pls. try to connect with your friends who also share our plight and urge them to become members.


    Pls. post IV posters in your local grocery stores, temples and restaurants.
    Poster is here http://immigrationvoice.org/forum/showthread.php?t=694

    If you are an alumni of a US university, connect with your student organization so that they can post info about Skil Bill on their listserv. This bill affects all the US educated international students too and getting those students as members would strengthen our organization.


    When you do something, please post it on the forums so that others can know and do the same.





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  • nlalchandani
    10-02 06:28 AM
    Hi All,

    Just a brief overview of my scenario...I came to US on H1b in Nov 2006 for a small consultancy and started work after 2 weeks .....and continued at the client until the last day..

    My Company used to pay us 1 month lately i.e for say month of mar we were paid in may....as such when i left them after giving them proper notice i had to take 2 months salary ......after a lot of persistence from my side my employer deposited my 1 month salary in bank account but diditn sent the associated paystub and stopped replying for the other month salary and paystubs...

    meanwhile I applied for H1 Transfer through a reputed company in July before resigning and giving the paystub for may which was generated in month of July......

    I am waiting for the transfer to complete so as to report my previous employer to DOL....for recovering my wages and documents.....

    I have all the valid documents like approved timesheets and client reference and letter citing out details of dates till i worked as well as email correspondence with my previous employer...

    In worst case if INS ask me for the June and July Paystubs which i didnt get from my employer, can it effect the H1 Transfer and if so can the document like timesheets and client letters,bank statements, email correspondence with my previous employer suffice.......

    If u all support i want to teach this guy a lesson...so please come forward and give me suggestions....although i was always working but still due to this stupid guy i have doubts in my mind....

    Hey People i want justice ,this guy has harrassed me a lot and put my carreer at least 2 years back....i had excellent background allways worked with reputed concerns...

    Please help...any help will be highly appreciated.

    I was in a similar situation and filed a complaint with state DOL...It is going to be a year and haven't heard back from them. I will follow up and check the status.. Every state has limits till when u can file the complaint so do check. Send me a PM if you plan to file TX/IL...



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  • tnite
    09-12 03:23 PM
    Where do guys see the LUD? And what number do you call the USCIS on? Thanx.


    Register in USCIS.gov and then enter the I140 info in your portfolio and you will see the LUD(last updated date)
    18003755283
    and then press 12126





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  • 10dulkar
    08-14 03:26 PM
    Since July 2nd people can claim they sent when VB was showing current. July17th onward will have revised VB.
    No status for July3rd to July16 applications.:eek:

    They might do that. I agree this is shaky ground.



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  • lostinbeta
    10-24 12:19 PM
    Haha... I got there on the highwind.

    If you land at exactly the right spot.. you can land on the dock, get out and booyah... the scene is all yours.





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  • gcholder
    02-21 01:03 AM
    I totally agree with you...recently I moved to CA and it took me close to 2 months before I had 3 offers...I can see it can be frustating, distracting but keep +ve and it will be rewaded.

    Recently I got laid off and I worried on how long it would take me to find a job, Here is my situation:-

    * I have a green card
    * Severance package I received is 7 months
    * Skills - MS computer science, 6 years full time experience in financial industry. SQL server 2000, C# (mid level programmer), solid communication skills
    * I live in New York, open to find a job in tri state area (or ideally would like to move to bay area)
    * I have two kids, Wife is not working
    * My salary expectations - 110k+

    Any suggestions on how to get motivated ? Every where news is really bad and there are only few openings - what are best ways to explore the opening's ? please let me know your job search experience

    Thanks



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  • senthil1
    04-04 09:57 PM
    If you stay out of country for long time CIS may consider that you may abandon GC.

    I need expert advice -

    My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
    that I am using for my current employment with my current employer

    1. If I get laid-off, how long can I stay in US without another job?
    2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?

    3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?

    4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?





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  • jasmin45
    07-15 09:02 PM
    MSNBC has covered the legal immigrants protest. Video is available in Youtube. But I am not sure about the rally. I know that Fox news covered the rally in the news segment.



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  • UKannan
    01-18 03:50 PM
    Chances for an audit are 95%:(

    How u know that the chances are 95%? Why can't it be 5%? :D





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  • logiclife
    09-28 09:56 PM
    Hello Guys,

    Does any one here has Newark NJ as their ASC? Reason is my notice date is august 27th from TSC and I haven't received my FP notice yet. My wife has the similar issue as well. I've called USCIS atleast twice but they are not ready to open service request and are saying that the ASC must be busy.

    I wanted to find out if any one of you here has notice date after august 27th and have already got FP notice from Newark (NJ) ASC.

    Thanks.

    Please title your threads appropriately. Your thread title was "Newark NJ ASC". What does it mean? I have corrected it.

    It not only is easy on other people's eyes, but you would do yourself a favor and draw more responses to questions you have if you ask the question in titles because the title appears on the homepage and seen by around 600-1000 people at any time.

    Everyone, despite requests, people start new threads titled :"Please help" or "RFE" or "Question" or "140" or "I485".

    What is so difficult about framing a short question and putting it as thread title?



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  • mzdial
    March 22nd, 2004, 10:41 PM
    I am trying to score the publisher's courtside tickets for the Heat game. I'll bring a 300 to the game and see if someone says something from the sidelines there.. :-)





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  • gcwaiting17
    08-07 02:31 PM
    Also there are no LUDs on both the cases. Not even a single LUD since the case moved from CSC->NSC. After that we went for FP in Nov. 2007.
    No LUDs for that also.



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  • validIV
    03-17 11:40 AM
    Also india Eb2 will get 25k visas for this FY

    Where did you get this info from? source?





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  • vallabhu
    12-12 02:08 PM
    Your wife might have a problem in leaving US with expired I94 , if the immigration officer who is collecting sees that I94 is expired she is subject to 10 year BAN unless she goes CANADA or MEXICO route where they don't collect I94's and to come back in she needs advance parole to be approved receipt may not help .



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  • sanju_dba
    04-20 10:25 AM
    I donot encourage IV'ans to participate in this march.
    It means Join hands with Illegals for noreason.
    No matter "how" loud / "what" you scream in this march it will be heard as "give amnesty".





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  • solaris27
    10-02 09:51 AM
    you can apply .

    You don't need to be a US citizen or Permanent resident to qualify for student loans .





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  • Steve Mitchell
    March 27th, 2004, 08:11 AM
    Yes I will be there.

    Well.. speak of the devil.. I did score the publisher's tickets for the Heat game.. Not where I thought they were though.. It's section 14, row 5, seats 10,11,12,13. So I'm over in the corner behind you it appears.

    Checking the Fieldhouse website it says:

    "Camcorders/Recording Devices:
    �Still� cameras are permitted at Pacers, Fever and Firebirds games. No Video cameras are allowed. During other events this policy will vary, and guests may be asked to check these items in at Guest Relations in the Entry Pavilion."

    I've never bothered to bring a camera into the games ever.. It seems as they are pretty liberal in the policy -- kudos to them.

    Now I'm going to exploit it. :-) My wife is going to the game with me and I'm guessing she is going to give me grief if I drag the borrowed 300 w/o the hood into the game.. I went down to work to borrow it this afternoon.. I'll probably have to settle for the 70-200 after she throws a fit.

    Are you shooting the game Steve?

    -- Matt





    chanduv23
    02-14 04:39 PM
    This is awesome. I wish I went to Medical school like most of my cousins..too late now

    I wished too :), though i am happy helping Paskal in his efforts now :)





    gcpradeep
    07-27 07:35 AM
    Part 6 , Processing Information On Page8 of I-765 Instructions states =>
    "Interim EAD. If you have not received a decision within90 days of receipt by USCIS of a properly filed EADapplication or within 30 days of a properly filed initial EADapplication based on an asylum application filed on or afterJanuary 4, 1995, you may obtain interim work authorization byappearing in person at your local USCIS district office. Youmust bring proof of identity and any notices that you havereceived from USCIS in connection with your application foremployment authorization."

    Notice that Interim EAD is for ASYLUM Applicants.



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  • mmpsbarad
    09-27 07:31 PM
    Thank you all for your useful suggestions.
    Mine is a similar case but the only unfortunate thing was that my H1-B is approved and effective from October 1st. My position was terminated in July and now I want to continue my OPT (expires in Jan 2010 if nothing is done). Now another company is ready to give me offer and file H1B.

    1. Is it possible to update the SEVIS record by DSO b4 October 1st so that I can that I can buy some time in the transition. Note: I did not violate my 90 day unemployment period during OPT.

    2. If it is not possible to go back to my OPT, how much time I have after October 1st before I apply for the another H1 from the new company? and when I can start working in this case?

    Thank you.





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  • ag11
    09-04 04:14 PM
    I applied for 11th year H1B extension in June 2009 @ Vermont center and now I got an RFE which asks us to submit the end client letter with details likes the duration of the project, name of the supervisor, if vendor is involved then vendor details. I've been with the same employer (desi consulting firm) for last 7 years and with the same client for last 6 years. I dont know what will happen but I am doing everything I can and prepared for worst case scenario.

    Same exact case. Just give as much detailed info as you can. Do not leave any room for any ambiguity that would confuse USCIS. Remember it is only high school level staff that is accessing your case. So they don't go by logic. Dum it down to their level. Worst case according to my lawyer is that they may give a restrictive judgement for only for the period of contract or come up with an additional RFE with more details on the additional vendor.

    Please make sure your response is as comprehensive as possible. I just went through this and am waiting for a reply.

    In any case, it is always good to be prepared for the worst case scenario. Just remember that we are very qualified and smart professionals and will continue to make progress no matter where we go





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  • gchopes
    04-04 01:12 PM
    Thanks for your responses. The hospital staff told us it would take 60-90 days to get the SSN. I am stuck until that arrives because only then can I apply for the passport. Any way to get around it?





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  • mambarg
    07-26 12:20 PM
    So in next few days, as expected we may start seeing processing or receipts for July 2nd filers on Aug 1st at least at nebraska.

    I saw it on



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  • satishku_2000
    02-13 02:36 PM
    In last May I applied on thursday and got a new passport on Saturday ...





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  • crystal
    11-05 10:30 AM
    Similar thing happened to my AP notice. I got all the notices properly including EAD. But my AP approval notice was sent back by USPS as undeliverable. USCIS sent the AP back to my lawyer along with USPS undeliverbale notice without any upate on the online status. Lawyer sent whole package back to me. I could see that address is correct. I have placed recepient names in the mail box long back so thats not the issue. USPS undeliverable notice was pasted on top of the returned mail. That was strange.
    As I enquired further one of my friend wife FP notice also sent back like that , luckily his lawyer also got another one.

    I am going to meet USPS personnel soon to find out what exactly the issue .


    On October XX, 2007, the post office returned our last written notice on this case as undeliverable. This can have serious effects on the processing of this case. Please call 1-800-375-5283 to update the mailing address so this notice can be re-sent.

    I was shocked. I have emailed the company law firm and I'm awaiting response from them.... Have they mistyped their own address since that is supposed to go to them? Or USCIS is just pulling my legs?



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  • michael_trs
    11-18 11:37 PM
    h1techSlave,

    I saw that priority date for EB2 (all other countries) now is current, while for EB3 is May 2005.....

    Does it mean that when my LC is ready I will have to wait my priority date for approximately 3 years?





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  • nixstor
    02-09 07:39 PM
    Congressmen from hi-tech SF and CA.


    That is why they may be using this tactic to bring pressure from hospitals from that area. Anyone from here spoke or wrote to these congressmen, that I posted in the other thread (http://immigrationvoice.org/forum/showpost.php?p=47625&postcount=1) at IV.

    I doubt if the above three even know what the whole deal on these 90K visas is. where they come from, what are at stakes, who lost them, why they lost them etc things. I agree with you that we need to call these and let them know that these belong to EB, hence recapture them for EB and request them to allocate special 50K/90K to Schedule A



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  • mallu
    04-15 10:53 AM
    I got my approval y'day from TSC. This marks the end of GC journey. Been with same employer since Aug 1999 ( 9 Long years...........).

    TSC waking up ?





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  • chanduv23
    06-08 07:20 AM
    I have a NY lisence and it says on top "Temp visitor, expires 05/29/2010" which is the date on my i 94. So around that time I have to go get that extended to whatever temporary date my status gets extended. What a pain.



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  • snathan
    01-28 01:35 PM
    I am trying to collect a list of some prominent people (scientists, doctors, entrepreneurs, etc.) who are EB immigrants or were/are on H1 for an article. Please share if you happen to know or can point to such information. For example, orkut was invented by a former H-1B visa holder. Any examples with relevance in the current economic situation will be specially useful. For example, somebody who immigrated to US on EB category is now running a business and/or employing Americans.

    Thanks!

    1. Sheela Murthy
    2. Indra nooyi
    3. Vikram Pandid
    4. Google Founder
    5. One of the Google Director/scientest from india - who found the Google news
    6. One of the Sun micro system's co-founder was indian.

    You can find lots people in the internet.





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  • Kitiara
    10-17 05:10 AM
    I've got one of Sephiroth and Vincent too somewhere... I'll dig it out. :)



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  • morpheus
    07-12 12:35 PM
    The information quoted by morpheus is quite correct. you can attend board meetings as a director although honorory or because of your extensive shareholding. you cannot be a salaried, contracted or basically compensated director or board member. you cannot take salaries but can take dividends (profit). you can also apply for any licenses or authorizations required for the business in your name. just make sure you dont write anything off in your name to save the taxes on the dividends because that will show your active involvement (day to day) which you cannot have.


    The board issue does get very confusing. For example, an H1 is invited to be on the advisory board of a company and they grant the H1 some stock options. They don't pay the board members honororia or anything else. Is the H1 holder violating his or her status? At which point - when they accept the options? Or when they sell the stock? What if they have a green card by the time they sell the stock? What if the stock if held in the H1 employers name? It gets very confusing and there are few guidelines.

    The H1 law was never intended to cope with the complexities of modern business as I see it!

    Does anyone know some good lawyer/CPA who can provide guidance on such matters.
    Also what if indian citizen residing in india wants to sell online to US customers ?

    You could try any of the well known immigration law firms - Murthy, Rajiv Khanna etc.

    I don't see how an Indian citizen in India selling online has anything to do with immigration?





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  • Rb_newsletter
    09-03 10:16 PM
    Anybody who works for consulting co. got extension approved ? without RFE ?

    In one of my friend's case they approved H1 for 6 months, because he had contract only for 6 months. He just completed 3 years and this is his first extension request. :eek: Who the hell in this world writes contract for more than 6 months even if they have requirements for next 2 years.

    Another case I heard was immigration officer at POE granted only 1 year I-94 even though he had 2 years left in his visa. It seems IO spoke to candidates manager and advised him to hire someone locally and get him trained within a year.

    Are we in real United States of America? So much of hate around.



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  • ps57002
    10-19 10:40 AM
    I replied to your case on too.

    This is what uscis faq says
    Q : I have received my receipt notice, but when I check my case online it does not appear. How do I get my case added to the system, so I can check on the progress of my case? NEW

    We have had an unprecedented number of applications filed in the last few months. Our efforts to enter these applications into our systems have caused a delay in the transfer of information from our case control system to the Case Status Online system. We are seeing delays of up to three to four weeks between receipting of your application and its status being available online. We are reviewing solutions to resolve the situation as soon as possible

    So it's possible your case hasn't been inputted yet.



    My situation is ok. It was my error in putting in wrong receipt number..i'm ok with 4 receipt numbers, 4 cases ap/ead/140/485. It's in god's hands as to RFE or rejection though that would be a pain for uscis to cash all 4 checks then to reject/refund.

    Jai mata di





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  • milind70
    06-21 01:06 PM
    my h1b expires in october 2008. my passport expires in july 2007 and at the POE (Dallas), i received an I-94 till July 10th 2007.

    i now have a new passport and went to the dallas/fort worth airport CBP to get the date corrected to october 2008. i took my I-797 with me and showed it to them. they said i have to file an I-539 with USCIS. several people managed to get the same situation remedied at a CBP. has anyone had success at another texas CBP? please help!

    It seems from past experience CBP will only due correction when mistakes were made by the CBP officer at the airport ,since this is the case of passport validity i think u may have two options.

    1) go outside the country and get a new I 94
    2) file i 539 cost around 195 USD

    I would also suggest to try the local USCIS office where in they could help is some way.

    Mind you CBP officers are not uniform in their actions ,i believe in your case u have been unlucky. I remember i was in a similar situation where in visa stamp was expiring after the passport expiry date but i was given a I 94 with expiry date of the visa stamp rather than the passport expiry date.



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  • augustus
    07-15 04:29 PM
    It is sad to know that the majority of the US hates us. If you can't get the bigwigs to cover, little will be known for the real American society. I cannot believe we are treated as somebody who take their jobs away. I have somehow looked at it this way - I become a US visa holder, I become a green card holder, then a I become a US citizen. In many ways, US is gaining new citizens and case in point - "EDUCATED" US CITIZENS out of many visa holders at the moment. So we are a nice catch for them - LONG TERM. I wonder if any American citizen has looked at it that way. Sooner or later, many of us will prefer to become a US Citizen right? I wonder if it is more about the racism factor.

    Well, I may be wrong. But I just wonder often times about the foolishness of the society and government at large.





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  • txuser
    03-10 01:31 PM
    You can apply for L2 with COS online using form I-539. I'm not sure about applying for L2 without COS though. You can probably apply for L2 with COS now, and if your H1B goes through fine, withdraw the L2 petition.

    Make sure that you attach copies of your prior employer's H1B Approval Notice, recent paystubs, new employer's H1B receipt notice, paystubs, your I94 along with the other documents to substantiate that you are currently in status and in the country. This is required for the USCIS to grant COS and I-94 with your L2 approval notice.

    Also, in the above case, you don't have to go out of country - you will get a new I-94 along with your L2 approval notice.

    Please note that this is just my opinion based on my recent transition from H1B to L2. Please get the advice of an Immigration Attorney (probably your new employer's attorney?) before taking any decision.





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  • sgurram
    04-30 12:49 AM
    mine reached on the 27th. I had last update on 27th and 28th





    wandmaker
    08-03 11:04 AM
    How often is finger printing required/asked for during the 485 process.
    Thanks

    485 is pending and 15 months has passed since the last FP, you will receive a new FP notice. If you efile your EAD, you will receive a FP notice to get a FP & picture, which is different from 485 FP.





    ganguteli
    03-22 01:13 AM
    Your experience in current job may not add up as experience.

    But do not go by that. What is the requirement of the job for which labor will be filed?



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  • Sakthisagar
    11-09 01:49 PM
    Manipulation of social consciousness through mass mediaBy Saida Arifkhanova
    Online Journal Guest Writer


    Oct 22, 2010, 00:20

    Email this article
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    Information is an important part of modern human life. Information is becoming a more significant element of modern life along with education and the way people interact with information today to a greater extent defines the level of their existence.

    Possession of information and education in 21-century determine a modern person�s status in society. Along with the sphere of education, information field determines the fields of labour and economy and influences the sphere of state politics. Manipulation of information and also manipulation of social consciousness in our age are becoming a technology of programming people�s behavior. Manipulating society one can destroy certain ideas in people�s minds and on their ruins create new ideas and fundamentals, for example of a new ideology.

    Telecommunications system as a major joint of channels of information delivery obtains dominating place in human environment. �Manipulation of information is akin to disinformation . . .� scholar Vladimir Volkov writes in his �History of Disinformation.� He writes that manipulation as destruction has three aims:

    read more
    Manipulation of social consciousness through mass media (http://onlinejournal.com/artman/publish/article_6485.shtml)





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  • pappu
    06-16 09:22 PM
    Good comparison. if you have more informatiion, do add to this thread.

    COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING


    The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.

    I. TIME
    Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.

    II. CONSULATE NOTIFICATION
    The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.


    From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.


    There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.

    III. 180 DAY PORTABILITY RULE
    Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.

    IV. LOCAL ISSUES
    Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.


    In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.


    In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.


    In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.

    V. COSTS
    Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.


    Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.

    VI. RISKS
    The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.


    Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.


    Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.


    Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.


    Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.

    VII. EMPLOYMENT FOR SPOUSES
    Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.

    VIII. CONCLUSION
    In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.





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  • indio0617
    01-08 02:53 PM
    Hello,

    My brother-in-law and sister are both Indian Doctors, having a private practice in INDIA. They would like to apply for visitor's visa.

    Any suggestion about the problems they may encounter? Do they have to go on two differrent dates for getting the visa stampped at Chennai?

    Thanks in Advance,

    They can apply together as Husband and wife. They will have to go through the normal procedure for a visitor visa B-2. The important thing will be to prove their non-immigrant intent to the consular officer and that they WILL return to INDIA after their temporary stay.

    I would say it is a 50 -50 chance given their profile.





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  • abhijitp
    02-12 06:13 PM
    Now hang on a minute there!

    There are IV volunteers leading double/triple lives juggling full time jobs, families AND full time IV work and some members have the GALL to say that:

    I dont want to take the pain of "mailing the letters"

    Anyone giving this excuse has ABSOLUTELY NO RIGHT from this point on to complain. This is as easy as the IV core can make it! Write those letters or SUFFER IN SILENCE

    Bang on.
    People discuss Visa Bulletins to no end, but why don't they pick up a pen and paper to DO SOMETHING that will render Visa Bulletins virtually meaningless ("ability to file I-485 without PD being current")?



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  • Desichakit
    09-15 03:01 PM
    Hi Sachug22,

    There will not be any co-relation of EB2 and EB3 as dates are different





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  • GCKaMaara
    12-03 02:19 PM
    Good news obviously but I would not jump on it. 2 reasons - we need to make sure they don't keep this practice & second, I don't trust the source of information 100% based on past information.

    I support ItIsNotFunny, PD_Recapturing, NK2006..... for their efforts on AC21 issue.

    This in from Ron Gotcher website....I guess they are reading our letters.....


    Good news concerning AOS denials based on I-140 revocations

    --------------------------------------------------------------------------------
    __________________



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  • chanduv23
    12-04 09:46 PM
    The chat is on now - Attorney Reddy is on IV chat





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  • saimrathi
    07-10 08:33 AM
    No checks cashed yet...

    PD Mar '05
    485 + 140 Concurrently sent on 6/30 recd at NSC on 7/2/07.



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  • abhis0
    09-12 01:46 PM
    I did tell the first CS that it was more than 90 days and to the second I/O ,I mentioned that it was July 2nd.She asked me whether the checks were cashed and I said no. Then she asked for my full name , dob and ssn and gave me the receipts info. I/O was very patient and verified my address to make sure everything was right.
    The receipts start with LIN (Nebraska)

    Thanks tnite. Enjoy!!!

    I am July2 filer at NSC....based on LUD, I suspect, it has gone to TSC and no information ever since....





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  • glus
    07-17 04:46 PM
    Guys,

    August visa bulletin does not look good, but see point D which states that I485 in in JULY will be accepted.

    D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

    After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdraw


    http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3269.html:D



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  • jaggu bhai
    07-27 10:35 AM
    Hi Friends

    My status is I 140 is cleared, waiting for the next step.
    Question is....
    My wife is on H4 and as it is difficult to get a job now and change to H1 (civil engineer),
    We intend to use this time for her studies.
    We need your suggestion (few people based on their own experience),

    1.As we cannot afford financially to study in a full time college, we wanted to make it part time or online (whatever-which costs us less).
    2.Is it good to study on H4 or betterto convert to F1 and study (so that SEVIS and further usage of it down the line!!!!)
    3.If some seniors has done like this, pl advise some universities.

    Thanks





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  • crazyghoda
    10-05 10:42 AM
    Its probably a planned leak by the Obama Administration to the press to placate the hispanic lobby. Just chill... nothing's gonna happen.



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  • pdakwala
    05-25 08:24 AM
    It is important that we make phone calls to our senators. Here is the list of senators with their phone numbers.




    Cheers





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  • saibabu_d
    07-12 01:30 AM
    The following comment made by other member looks inappropriate to me:

    "Schwarzenegger cares for Kali-4-nia. He should support legal immigrants as a lot of this community lives there. Where? In Kali-4-nia."

    I learned that it is not difficult to meet governor; he also have good reputation with Bush ( so things might change in our favor).



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  • Lisap
    08-28 11:59 AM
    If you stopped payment on individual checks (My banks charges $30 for each check stoppage) it would have been denied eventhough USCIS tried to cash it (instantly as it is electronic transaction).That you received receipt notices means, the checks went through, and your application is considered properly filed.
    If stopped as a batch of checks (it is free of charge with my bank), it would still go through, despite your stoppage request, as it is like paper check.
    So to be absolutely certain, you should stop them individually if you want to stop payment on the 2nd set of application too.

    Looks like you are indeed very lucky to have got things in order despite your attorney's best efforts to screw up!

    I am in some what similar situation;my checks are seen today as encashed on 8/23 for a July 2 filing.I too send out a 2nd set of I-485 applications on 8/16, as I got scared of missing out on the window of opportunity.I have asked today for stop payment on all my checks individually for this 8/16 filing.


    I actually did a stop payment on the checks (they were personal checks) and was charged the 30/ per check. I did the stop payment on the 14th of Aug. At the bank they were able to see that uscis had not tried to cash the checks as of yet. We managed to get the stop payment reversed so I guess we wait and see now!

    Now that I do have receipts- should I go ahead and stop payment on the 2nd set??





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  • Lisap
    08-03 12:07 PM
    So my status doesnt change until my I 485 is approved- any idea how long that will take? My H 1B expires in Nov of 2007 should I get an extension? Thank you for your replies- Lisa



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  • indiablues
    12-26 09:25 AM
    Hi,

    I stumbled across this thread and this seems to be a great initiative that is managed professionally.

    I browsed though the IV website and forums and have few questions regarding who IV is representing among the employment based immigrants:

    1. I've a 3 yrs baccalaureate degree from India and have filed GC in EB3 category. How do IV initiatives helps me?

    2. My friend have 4yr engineering degree from India and have filed GC in EB3 category. How do IV initiatives helps him?

    3. My boss has Masters Degree from India and has 10 yr of experience. He filed his GC in EB2 category. Is IV for him?

    4. One of my colleagues has just graduated from an US university and he filed his GC this year in EB3 category. Is IV for him?

    5. My other colleague has completed his MS from an US university and he filed his GC in EB2 category. IS IV for him?

    I would appreciate if someone can answer the above questions.

    Thanks,
    IB





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  • dsneyog
    01-14 10:44 AM
    Thanks. there is hope. I paper files too and included self paid return envelope. Was yours renewal or fresh? Mine is fresh.Paper filed AP in TSC on Oct 28th 2009 & received the document on Dec 24th 2009 by mail.

    Hope that helps.





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  • jasmin45
    08-02 04:54 PM
    EB-1s for Indians and Chinese are also expected to be current. For EB-2, India is expected to have a cut off date of January 8, 2003 and for China the cut off date will be April 22, 2005.

    For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005.

    Jan also reports that 18,000 EB-3 for Indians have been processed in this fiscal year with 8,000 of those cases approved in June and 7,000 in July. By the way, the annual EB-3 limit for Indians is 2,800 so go figure.

    Also, approximately 40,000 cases were received at the Texas Service Center on July 2nd and 35,000 were received in Nebraska.

    One final amazing fact that Jan has learned - USCIS requested 66,600 (666!) visa numbers from the beginning of the fiscal year through the end of May and 66,800 numbers in June and July.
    These are old statistics which can be found in many threads in IV post july 2nd fiasco... Just wanted to add .. there were some news articles which also mention about USCIS returning some of the requested numbers as early as July 5th. So they did not use all the numbers that they have requested for. Hon. Congresswomen Zoe Lofgren also mentioned about this return of visa numbers in her letter to Secretary as well.





    sk.aggarwal
    02-08 07:58 PM
    Good. Just make sure the lawyers are eligible to practice employment law in the state you have been sued in. Stay cool and just make sure this gets resolved ASAP. Attorney and law suits are very expensive and can run into several thousand dollars if you drag it longer. Save the trouble, hire an attorney with clear mandate to negotiate with your employer's attorney. Courts also provide an arbitration process. Tell your attorney that you don't have money and what will be the cheapest and fastest way to resolve this. See where it goes.





    socal117
    10-30 10:00 AM
    same here....July 2nd...nothing.....:mad::mad::mad: