psaxena
05-26 07:10 PM
I lost you there. Being silent and possibly getting arrested is protesting in a legal manner ? Why would you do that ? There are numerous other means of doing it.
Being within 100 miles of the border ITSELF is grounds for being asked the question about your immigration status as per that law. There need not be additional suspicious activity.
Do not get me wrong, I fully agree with you on how bad it is to be subjected to such trauma. Suggesting being silent at the cost of being arrested is what bothered me from your post.
I am not sure if they asking me to step out for further questioning or even taking me to a police station would be consiered an arrest. i mean i don't think the event will be recordded in my history/profile in such a way that anyone reviewing my history will say "eb3_sep04 was arrested in NH in May 2009 for ....". I think detention is not same as arrrest, i view detention is something like cops requiring anyone wait reseonably longer (> an hour or so). they wouldn't handcuff me for not saying a word. Again these are just my thoughts, i am not an expert on those jargens.
I am sure you are not going to be silent and also going to act like a puppet when the border patrol will ask you. I have seen the similar case, when I was travelling back from india this fellow was ahead of me in the line at POE , his photo from the passport fall off and when he went to the officer and the officer asked what is this.. he was talking like a shivering cat. After interrogating him for an hour or so, he was let go.
Luckily he was sitting next to me in the connecting flight, and now he was telling me the story in a totally different way. " I told the officer what can I do if the photo from the passport fall off".
"I am waiting , but make sure that I get my connecting flight I got a very important meeting"... blah blah..
I was laughing out loud in my heart.. Its quite interesting to see these kind of personalities.
So I know what you gonna do , next time when you meet the border patrol. Accept the fact that we are middle class , god and immigration fearing creatures, who definitely have a lot of anger and aggression towards these laws and discrimination but cannot do anything about it and Also we like the life style and show off to the relatives in the India, that you are smart and rich NRI, are the reasons, we are not leaving this country despite of all these things.
Good to know all this so while travelling just be prepared.. but I dun see a reason for making this coversation of 10 pages thread.
Well I am gonna get more reds.. but I dun care.
Being within 100 miles of the border ITSELF is grounds for being asked the question about your immigration status as per that law. There need not be additional suspicious activity.
Do not get me wrong, I fully agree with you on how bad it is to be subjected to such trauma. Suggesting being silent at the cost of being arrested is what bothered me from your post.
I am not sure if they asking me to step out for further questioning or even taking me to a police station would be consiered an arrest. i mean i don't think the event will be recordded in my history/profile in such a way that anyone reviewing my history will say "eb3_sep04 was arrested in NH in May 2009 for ....". I think detention is not same as arrrest, i view detention is something like cops requiring anyone wait reseonably longer (> an hour or so). they wouldn't handcuff me for not saying a word. Again these are just my thoughts, i am not an expert on those jargens.
I am sure you are not going to be silent and also going to act like a puppet when the border patrol will ask you. I have seen the similar case, when I was travelling back from india this fellow was ahead of me in the line at POE , his photo from the passport fall off and when he went to the officer and the officer asked what is this.. he was talking like a shivering cat. After interrogating him for an hour or so, he was let go.
Luckily he was sitting next to me in the connecting flight, and now he was telling me the story in a totally different way. " I told the officer what can I do if the photo from the passport fall off".
"I am waiting , but make sure that I get my connecting flight I got a very important meeting"... blah blah..
I was laughing out loud in my heart.. Its quite interesting to see these kind of personalities.
So I know what you gonna do , next time when you meet the border patrol. Accept the fact that we are middle class , god and immigration fearing creatures, who definitely have a lot of anger and aggression towards these laws and discrimination but cannot do anything about it and Also we like the life style and show off to the relatives in the India, that you are smart and rich NRI, are the reasons, we are not leaving this country despite of all these things.
Good to know all this so while travelling just be prepared.. but I dun see a reason for making this coversation of 10 pages thread.
Well I am gonna get more reds.. but I dun care.
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Caliber
03-10 02:58 PM
From July-07 fiasco DOS and USICS work very closely on VB, I am referring to USCI and DOS. And USCIS is the one who influence DOS decision.
MDIX: I wish your forecast come true. But if you followed the thread, most of 2001/2002/2003 did not even have soft LUD's. While I agree that USCIS is working on EB3 I as many got RFE's, there are many more whose cases were not touched. I gave you green.
MDIX: I wish your forecast come true. But if you followed the thread, most of 2001/2002/2003 did not even have soft LUD's. While I agree that USCIS is working on EB3 I as many got RFE's, there are many more whose cases were not touched. I gave you green.
seahawks
07-25 01:47 AM
Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.
I concur, otherwise there won't be a IV forum or confusion and pain that everyone going through retrogession is facing, will we?
I concur, otherwise there won't be a IV forum or confusion and pain that everyone going through retrogession is facing, will we?
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uma001
10-01 09:58 AM
I work at one of these companies & they applied for my GC.
1. This company only applies only after you get certain level of ranking in your year-end appraisal - disclosed during hiring process
2. You must complete x years of service.
3. Right now, economy is down & they won't apply if they feel that Labor application is going to get rejected; as it hurts their reputation & process.
I know one person in my company - whom company denied GC 'cos of Labor market but now they are starting the process of the person..(once law firm gave the green light)
So just saying - these companies don't apply - is not right.
Also, once everything is ok - you need to realize that sponsoring GC is approved by your manager as all the associated costs are allocated to his/her cost center; so company as such doesn't have issue with the cost.
Dont trust these kind of companies. if you don't get good rating in appraisal , you will be laid off .
1. This company only applies only after you get certain level of ranking in your year-end appraisal - disclosed during hiring process
2. You must complete x years of service.
3. Right now, economy is down & they won't apply if they feel that Labor application is going to get rejected; as it hurts their reputation & process.
I know one person in my company - whom company denied GC 'cos of Labor market but now they are starting the process of the person..(once law firm gave the green light)
So just saying - these companies don't apply - is not right.
Also, once everything is ok - you need to realize that sponsoring GC is approved by your manager as all the associated costs are allocated to his/her cost center; so company as such doesn't have issue with the cost.
Dont trust these kind of companies. if you don't get good rating in appraisal , you will be laid off .
more...
rockstart
08-10 03:43 PM
10th is almost over and I thought we had this trend that when USCIS wants to maintain status quo they publish bulletin early in the month and if the bulletin is delayed there is strong probablity that there will be some positive movement
sk.aggarwal
07-29 03:02 AM
Add Wachovia now acquired by Wells Fargo to the list. They don't even do H1 extensions.
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gc28262
06-10 01:01 PM
svr_76,
Your arguments are baseless. No company will ever hire an H1B to replace an equally qualified Citizen/Green card holder. Company has to spend a lot on H1B employees on lawyer fees and other complications.
Anti-immigrant lawmakers are using the excuse of economy to push through their legislations.
Your arguments are baseless. No company will ever hire an H1B to replace an equally qualified Citizen/Green card holder. Company has to spend a lot on H1B employees on lawyer fees and other complications.
Anti-immigrant lawmakers are using the excuse of economy to push through their legislations.
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canleo98
06-30 11:10 PM
http://immigrationportal.com/announcement.php?f=190&a=95
It is possible. Such an action would be illegal, but CIS has already stopped accepting I-485 applications for another category known as “Other Workers,” despite June Visa Bulletin showing that category is current. My advice to all of you is keep filing all through the month of July. For all we know, they may never issue such an illegal policy or they might lose a lawsuit filed against them. So keep filing. Regards to all. Rajiv.
__________________
Rajiv S. Khanna; Law Offices of Rajiv S. Khanna
It is possible. Such an action would be illegal, but CIS has already stopped accepting I-485 applications for another category known as “Other Workers,” despite June Visa Bulletin showing that category is current. My advice to all of you is keep filing all through the month of July. For all we know, they may never issue such an illegal policy or they might lose a lawsuit filed against them. So keep filing. Regards to all. Rajiv.
__________________
Rajiv S. Khanna; Law Offices of Rajiv S. Khanna
more...
chris
04-24 03:13 AM
Congrats Googler.
Did you see any LUD's before approval ?
__ visa numbers will be deducted from quota :D ( fill in the blank please )
All,
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
Did you see any LUD's before approval ?
__ visa numbers will be deducted from quota :D ( fill in the blank please )
All,
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
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alisa
01-23 06:33 AM
I agree, at some point, things break even, because people will frankly get fed up and leave. That point will be somewhere between 10-20 years. And we will then be congratulating the two or three Indians who wait this out.
This was just an attempt to model in the absence of reliable information, and to try and get as reliable information as can possible be got. I wish we could get more data and links here than we currently have (just one I think.)
The modelling on this thread shows wait times of 15-20 years for India, about 5 years for ROW, and somewhere in between for China (I think China will be closer to ROW than India just because their backlogs for 2001 and 2002 were one fourth that of India.)
The purpose of the exercise was to estimate wait times based on some solid data. Who is getting screwed, and by how much. (Looks like, the answer to 'who' is Indians, and the answer to 'how much' is 'A lot'.)
People will naturally not wait for 20 years to get a greencard. Either things will be fixed, or people will start leaving.
I think thigns break even at some point. It is so frustrating that it becomes no longer attractive to pursue GC (If we have not already reached that point).
You got to be open to change to survive, be it a person or a country. No point in predicting death before GC or any such extreme cases. It will definetely take as long as it needs. Its basic capitalism at best , supply and demand. You can't beat that.
Nothing wrong in trying to change the course though.
This was just an attempt to model in the absence of reliable information, and to try and get as reliable information as can possible be got. I wish we could get more data and links here than we currently have (just one I think.)
The modelling on this thread shows wait times of 15-20 years for India, about 5 years for ROW, and somewhere in between for China (I think China will be closer to ROW than India just because their backlogs for 2001 and 2002 were one fourth that of India.)
The purpose of the exercise was to estimate wait times based on some solid data. Who is getting screwed, and by how much. (Looks like, the answer to 'who' is Indians, and the answer to 'how much' is 'A lot'.)
People will naturally not wait for 20 years to get a greencard. Either things will be fixed, or people will start leaving.
I think thigns break even at some point. It is so frustrating that it becomes no longer attractive to pursue GC (If we have not already reached that point).
You got to be open to change to survive, be it a person or a country. No point in predicting death before GC or any such extreme cases. It will definetely take as long as it needs. Its basic capitalism at best , supply and demand. You can't beat that.
Nothing wrong in trying to change the course though.
more...
keshtwo
07-09 04:40 PM
I hope this lawsuit fails. Looking ahead this lawsuit, if it succeeds might do us more damage than good. Law of unintended consequences states that something can happen we haven't thought of.
Supposing, if lawsuit goes ahead and wins, one outcome might be - USCIS might start adhering to strict interpretation of 7% per country, or curtail spillovers drastically. Then we are in deep shit.
Supposing, if lawsuit goes ahead and wins, one outcome might be - USCIS might start adhering to strict interpretation of 7% per country, or curtail spillovers drastically. Then we are in deep shit.
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EB3_SEP04
05-26 06:15 PM
Just out of curiosity.
You were not asked to show any documents (your friend was)?
May be because your son is a US Citizen...
My wife thought the same but I don't think my son's citizenship has played any role. The officer's conversation was only with the DRIVER. All the questions were directed at my buddy(driver). he said he could have fined him even for the passengers' inability to prove the status.
So i am wondering if the rule/law dictates that only the driver should be questioned unless it's a commercial/public transportation.
During my last H1 stamping in Mumbai over 3 yrs ago, officer's third question was if we have a US citizen child and we said yes then there was a brief pause and he said "Congrats, your visa is granted and your passports will be mailed".
so if i must vote yes or no on whether son's citizenship works in our favor then i'd say "Yes".
There's no doubt US govt "cares a lot" about their citizens, that'd probably be the reason i would want to be a US citizen even at the price of giving up Indian citizenship :)
You were not asked to show any documents (your friend was)?
May be because your son is a US Citizen...
My wife thought the same but I don't think my son's citizenship has played any role. The officer's conversation was only with the DRIVER. All the questions were directed at my buddy(driver). he said he could have fined him even for the passengers' inability to prove the status.
So i am wondering if the rule/law dictates that only the driver should be questioned unless it's a commercial/public transportation.
During my last H1 stamping in Mumbai over 3 yrs ago, officer's third question was if we have a US citizen child and we said yes then there was a brief pause and he said "Congrats, your visa is granted and your passports will be mailed".
so if i must vote yes or no on whether son's citizenship works in our favor then i'd say "Yes".
There's no doubt US govt "cares a lot" about their citizens, that'd probably be the reason i would want to be a US citizen even at the price of giving up Indian citizenship :)
more...
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chanduv23
01-18 11:39 AM
Same thing happened to me, was driving on Adirondocks and there was a border post 100 miles well within the border. The border security agents asked us for passports and we did not have , all we had was our driver lisences and they did not want to accept it. They took us aside and we waited for 15 min, they verified us in their system and for some reason my info was old whereas my wife's was latest , then they asked me who my employer is and searched and found my latest info, they gave me a printout of the law that states that all non US citizens must carry passports and immigration documents all times and if we don't do it, we can be sentenced to jail or a $100 fine.
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nitlsu
11-20 05:37 PM
Here's the correct link,
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
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Jaime
09-11 05:26 PM
You've worked hard for what you have! VERY HARD!!!! Remember the grueling exams and study back home to be the best and get to the U.S. Remember your sufferin, hard study and hard work once in the U.S. to be the best and contribute to this country!
Don't let the Reverse Brain Drain suck you in!!!!
Don't let the Reverse Brain Drain suck you in!!!!
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tonyHK12
04-01 09:19 AM
/\/\/\
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PresidentO
11-13 02:28 AM
Spill over does not need to happen every Q. It is purely based on demand and supply. If the visa office sees demand go south ( read really really south) and do not expect the demand to pick up for the rest of the year, yeah then the visa office will move the dated forward using spill over. if the demand is enough, meaning categories that are current are just using fine and CIS has enough backlogs VO does not move dates.
The most pre cautious option is (esp now that there are a shit load of pre adjudicated cases) is to leave the numbers for categories that are current until the final Q and then move the dates so that all current categories got a best shot at the visa number before it goes to the retrogressed. The visa office is pretty savvy and the numbers we saw from USCIS might be way off the real numbers the visa office sees and assigns a visa number for. Based on last 3 years, it seems that the DOS/VO knows the importance of visa numbers.
if you are talking lawsuit because you are frustrated, yeah vent it out. But if you are really serious go ahead and check the INA act and verify whether the INA act actually talks about quarterly allocation. Come up with the ground work, have a point and then think about lawsuit. No point in hallucinating.
Just an F Y I, I havent read all 5 pages of this thread
The most pre cautious option is (esp now that there are a shit load of pre adjudicated cases) is to leave the numbers for categories that are current until the final Q and then move the dates so that all current categories got a best shot at the visa number before it goes to the retrogressed. The visa office is pretty savvy and the numbers we saw from USCIS might be way off the real numbers the visa office sees and assigns a visa number for. Based on last 3 years, it seems that the DOS/VO knows the importance of visa numbers.
if you are talking lawsuit because you are frustrated, yeah vent it out. But if you are really serious go ahead and check the INA act and verify whether the INA act actually talks about quarterly allocation. Come up with the ground work, have a point and then think about lawsuit. No point in hallucinating.
Just an F Y I, I havent read all 5 pages of this thread
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anilsal
12-11 04:04 PM
USCIS cannot do anything on the matter. INA is clear on the AOS conditions, one of which is "An immigrant visa is IMMEDIATELY available at time of filing for adjustment of status" (INA 245, 8 USC 1225)
INA should be changed which should be done through a legislative process, not through any rule making.
I think the act says that the alien should have filed an application, only after which does the question of available visa comes into picture.
http://www.americanlaw.com/aos.html
I think this act is not the applicable one.
So I think we are still green to discuss this. Do you interpret the same?
INA should be changed which should be done through a legislative process, not through any rule making.
I think the act says that the alien should have filed an application, only after which does the question of available visa comes into picture.
http://www.americanlaw.com/aos.html
I think this act is not the applicable one.
So I think we are still green to discuss this. Do you interpret the same?
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paskal
12-27 02:40 PM
if i'm travelling TO India and transiting through paris/london
and I have an Indian passport, WHY should I need to show a US Visa to avoid a transit visa? Does this make any sense? I'm not going to the US?????
and I have an Indian passport, WHY should I need to show a US Visa to avoid a transit visa? Does this make any sense? I'm not going to the US?????
nmdial
03-16 11:46 AM
Dear All,
I'll be driving from Harrisburg, PA on Saturday, Sunday, and attending the advocacy event on Monday only. It would be really helpful if someone could host me for one night.
Regards,
nmdial
I'll be driving from Harrisburg, PA on Saturday, Sunday, and attending the advocacy event on Monday only. It would be really helpful if someone could host me for one night.
Regards,
nmdial
Anu119
01-11 11:36 AM
Hi:
I just joined the chapter.
Would love to be able to volnteer my services to this cause. How can I help? Also it may be a good idea to start a local support group for those of us in line waiting for this immigration hell to be over...may be a get together of some sort....
Wishin' for a better future ahead for all us immigration victims
PD for self: August 03
Labor Cert: pending
PD for husband: Dec 03
Labor Cert & I-140: appoved.
I just joined the chapter.
Would love to be able to volnteer my services to this cause. How can I help? Also it may be a good idea to start a local support group for those of us in line waiting for this immigration hell to be over...may be a get together of some sort....
Wishin' for a better future ahead for all us immigration victims
PD for self: August 03
Labor Cert: pending
PD for husband: Dec 03
Labor Cert & I-140: appoved.
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