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  • alex99
    07-13 03:09 PM
    The Senate is currently considering the FY 2008 Department of Defense Authorization (H.R. 1585). Senators Specter and Leahy have offered the Habeas Corpus Restoration Act as an amendment to the bill; and Senators Durbin, Hagel, and Lugar are planning to offer the DREAM Act as an amendment. Call your senators now and urge them to vote YES on these amendments!

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  • kedar_007
    02-07 08:18 AM
    Hello All-

    I am going to India via Franfurt next week.

    I have AP with visa expired.

    I saw the following document on German Consulate - New Delhi. http://www.new-delhi.diplo.de/contentblob/1827030/Daten/857105/DD_Airport_Transit_A.pdf

    It says:
    - a valid residence permit or visa for the USA, Japan, and Canada
    - An Airport Transit Visa is not required for holders of valid visa issued by
    Bulgaria, Romania, Cyprus, Ireland, United Kingdom, Canada, Japan or
    the USA irrespective of the travel destination.

    I have a Canadian Visitor Visa. Do you think I will need Airport Transit Visa or I am reading it wrong?

    Thanks for any help!

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  • arihant
    03-16 11:51 AM

    Do not despair yet. We were repeatedly told that bills take a lot of time to pass. Never the less we'll keep working on this bill and this also precisely why we're not pinning all of our hopes on only the Comprehensive Immigration Bill. We also have the PACE bill and the TALENT bill, which can bring a lot of relief to us.

    Are there any plans by the senate or congress to to bring these two bills to the floor anytime? In other words, what is the current status of these two bills?

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  • longq
    12-20 03:41 PM
    Hello IV and its core members,

    I am one of the members of the forum and suffering due to the severe retrogression of EB visas. I highly appreciate IV�s effort to bring some legislative relief to address the severe backlogs in EB visas. I too participated in all IVs campaign in urging the law makers to bring some relief for this crisis. However, I have some concern here; about the method followed U.S DOS in allocating EB visas particularly in EB2 category for India and China. I am worried whether U.S DOS is violating the INA 202 (a), by suspending AC21 provision that eliminates country quota in EB categories. If they are violating by mistake, it is our responsibility to notify/clarify with them or we need to understand the law clearly. This is very important. Because, even if 110th congress passes SKIL bill, if DOS violates the AC21 law then it will not help applicants from oversubscribed countries (India and China). Here is my analysis based on following facts.

    The cutoff date for EB2 India has moved just 7 days since last 9 months. However EB2 �Row has been current. EB2- ROW has never retrogressed before. EB3 ROW has seen considerable movement in last 9 months.

    There may be four possible separate or combination of following reasons for the freeze of cutoff dates for India in EB2 at Jan 2003.

    1. The backlog elimination effort of DOL pumped massive approved labor certificates from BEC. There may be tons of EB2 applicants from India and China with PD in the year 2001 and 2002 might have applied 485s based on recent approvals from BEC. However I doubt that. Because, in the year 2001, 2002 and 2003, EB3 India and China were �current�. No body cared about filing EB2 labor certification till the later part of 2004. Most lawyers preferred to file EB3 as it was easy, and there were no difference between EB3 and EB2 at that time. First ever indication for EB3 retrogression was issued by DOS only in later part of 2004. I doubt so many people have filed EB2-labor till 2003, keeping in mind that EB3 will retrogress in 2004 or future. Traditionally EB2 has been less demanding compare to EB1 and EB3.

    2. Perhaps, there may be a huge demand by ROW (Due to PERM) to consume all the 86% of visa numbers in EB2 category in every month that prompts DOS to allocate only 7% to India and China. I doubt this too, because India and China itself consume about 60% of EB2 visas.

    3. There may be lot of EB3 Indians and Chinese with PD 2001 and 2002 porting their PD from EB3 to EB2 by filing new LC and EB2-I-140. This may escalate the demand. However, how many will do this? How many employers will to do this �favor� for their employees? A real US employer/big corporations will not do double time work for an employee. Only consulting/staffing companies will do this. I think this may be a small group (or may not be?).

    4. There may be another possible reason. There may be something wrong with U.S.DOS in allocating visa numbers in EB2 category, as per section 202 (a) of current INA. They may be issuing only 2800 (7% of 40,000) visas to India and China in EB2 and redirecting unused EB2 numbers to EB3 category. They may be imposing hard country cap in EB2 (Suspending AC21 law as per their VB Nov 2005). There is a large room for this speculation, due to the pattern of cutoff date movement in EB2 category. This is just a speculation. This argument/speculation is valid if DOS has issued less than 40,000 EB2 visas in FY 2006 as mandated by the law, and issued those numbers (40,000 minus actually issued) to EB3-ROW. In my view, it violates section 203 (b) (2) of the INA. One has to wait till they release statistics for FY 2006, to see how many EB2 visas are issued in that FY.

    Here is some detailed analysis that says why it violates the law.

    Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 203 a and b of the Immigration and Nationality Act (INA) sets numbers for each preference categories with in FB and EB.

    Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320. This section also explains how to handle unused numbers with respect to country quota.

    Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. Here is the section of INA before year 2000, describes how to allocate unused visas, if overall/total demand for FB an EB visas are less than supply*.

    INA 202 (a) (3)

    �Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
    Therefore, the 7% country cap had always been �soft� till year 2000.

    After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.

    After 2000 (After AC21) the following law was added to INA in the section 202.

    INA 202 (a) (5) (A)
    EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

    As per my simple interpretation of above AC21 rule, DOS should allocate unused visas by ROW �EB2 (ROW- countries other than India and China in EB2 category) for the first two months of any calendar quarter to over-subscribed countries (India & China) at the third month of that calendar quarter. They should not allocate to lower Preference category (EB3), if demand is more in higher preference category (EB2) to consume all the visa numbers in that preference category. They should allocate visas to all the documentarily qualified applicants in that (EB2) preference category, irrespective of country of birth. If they followed this rule/law, there may be a considerable movement in cut-off dates for India and China in Dec 2005, Mar, June and Sep of 2006 in EB2 (last month of each calendar quarter in a fiscal year). We have not witnessed such movement in last 1.5 years. No one knows how DOS is allocating numbers. They may be allocating only 7% visas to India and China in EB2 category very strictly, every month, and allocating unused numbers to EB3 category, by suspending AC21 law as indicated in their Nov 2005 Visa Bulletin. If they do so, it is against the law, at least in my interpretation of AC21 rule that eliminates country quota in EB categories.

    DOS can not interpret above AC21 rule that eliminates per country limit applies �totally� to all EB categories put together, not by individual preference categories. I.e. If they say they will issue more than 2,800 visas to EB2- India per year (more than 7% of 40,000), provided overall demand for EB visas are less than 140,000. If they interpret the law like this, then there is no need for section 202(a) (5) (A) due to AC21 law. The law before AC21 {i.e. section 202 (a) (3)} itself address the elimination of country quota in both FB and EB category*. Then, section 202(a) (5) (A) is a duplicate wording of section 202(a) (3). So, this section of AC21 law becomes a redundant/duplicate law. Then, there is no meaning of employment �preference� category if they interpret �totally or overall worldwide demand�. In other words, a non-Indian/Chinese restaurant cook (EB3) is more preferred than a NIW PhDs (EB2) from India or China. Is it the intend of the congress when enacting AC21 law in removing per country limitation in EB category? Is it the American Competitiveness in 21st century? I highly doubt that.

    Now it is the time to ask US DOS, how they are allocating visa number in EB2 category. If DOS interpreting the law differently, then we need to ask the law makers (Congress) what is their original intension behind the section 202(a)(5)(A) when they drafted the AC21 law in 2000 and how it is differ from 202 (a) (3).

    Perhaps Core IV team can initiate to discuss/consult this issue with an immigration lawyer and place an enquiry with DOS or Law makers, if needed.

    (*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)


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  • brahmam
    06-26 03:48 PM
    I initially went to FedEx/Kinkos new jersey, paid 50 bucks for myself and wife 6 copies each. Photos were horrible with yellow tinge, though they were of the correct specs. I refused to accept it, but they said if there are any issues they will be glad to help, but I had to pay for their crap.
    Then I went to Sears, around 60$ for 6 copies each for myself and wife. The prints were excellent, waterproof and not retouched. They printed it out on immigration specified sheets. Only catch was I had to cut out the photos myself, they are not allowd to cut them.

    My photos have a bright background and I do not see that yellowish tinge you are talking about. Again, one cannot brush all kinko's or all walgreens the same I guess. Ofcourse, what is bright is probably again left to the USCIS officer's judgement. Hopefully it will not be an issue. the only thing I noticed was that my photo was taken very close up to adhere to the USCIS requirements. He was zooming in a lot. Is that the same with everyone else too?

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  • chanduv23
    10-09 08:01 PM
    Everest Technologies? Ravi Kandimalla??? I heard horror stories about them.


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  • Jaime
    08-31 04:41 PM
    There are rumors that we will be around 5000 at the rally. Let's prove them wrong and bring at least 10,000 of our members. I am willing to share more funds for people who so far are not planning to attend, and to advertise and promote the rally as much as possible. Guys, we still have nearly 3 weeks, we can get to 10,000 and beyond! Let's work hard now to accomplish that! Please post your ideas here to make it more than 10,000. Just like telethons have a target donationn amount to be raised, we should have a minimum attendance target for the rally to achieve! We have a HUGE opportunity to make our voices heard here, let's sacrifice and MAKE IT HAPPEN GUYS!!!! We will Win!!!!!

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  • snathan
    07-04 08:44 PM


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  • Administrator2
    06-26 12:02 PM
    Guys, Could we concentrate on the developing situation, please?

    Could you please call Senate offices expressing your opposition to Menendez amendment?

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  • psgprasad
    03-28 02:10 PM
    Dear Michigan Members,

    This mail is to update you guys on the outcome of meeting with Staff Assistant of Senator Carl Levin - Michigan and members of Immigration voice namely
    Gajendra Prasad
    Stanley Samuel
    Manoj kumar

    We emphasized the following points
    1. We are not talking about H1 increase.
    2. Reverse Brain drain impacts.
    3. Outsourcing economies gaining edge because of Americas poor legal immigration policies.
    4. Delays in normal processing.
    5. Impact of Backlogs on America competitiveness.
    6. Impact of Backlogs on immigrations careers and their contribution to the industry.
    7. Details of Presidents State of union Address for legal immigrants.
    8. Statistical details which have shown immigration does not affect Americas growth but helps growth of America.
    9. Requests of immigration voice.

    We quoted our personal life experience and the hindrances we encounter in our career growth.

    I have to say the points were observered with a positive note. and the staff said that these will be conveyed to the Senator.

    He also suggested, to contact the media, which we are doing and also told,
    he was also aware of immigration voice and its good doings.

    He also told the Senator voted in favour of CIR 2006.

    He suggested having a direct meeting with Senator would definetly help, as it would have a better impact, but he said that it would be easy to get an appointment of the Senator in DC. At this point, we have requested the immigration voice DC members whether they can have an meeting with the Senator and we can arrange the same with this staff member.
    He also requested, if any of our member are meeting with the same Senator office staff in different location(Detroit, Grand Rapids,Escabana etc), please refer this staff name for continuity reasons.
    Andy Hickner-Staff Assistant of Senator Carl Levin (Michigan) -Lansing office and this meeting.
    I will be sending a Thank you letter soon to this Staff.

    We are waiting on Appointment from the following office as we have already faxed the request for appointments, after our initial telephonic request.
    1. Senator Debie Stabenow - Michigan.
    2. Congress Man Mike Rogers - Michigan 8th District.
    3. Congress Man Tim Walberg - Michigan 7th District.

    Actions Items.
    1. Update Michigan members on the meeting and Request them to refer to our discussion, if they meet the same senators office staff in any other offices.
    2. Contact Michigan Public Radio for an interview on our issue.
    3. Contact Lansing State Journal for an article on our issue.
    4. Follow up on other Law makers.

    Gajendra Prasad Sankaranarayana


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  • pd2001_12
    12-27 07:14 PM
    my PD is april 2001
    and still waiting , & when we call ins we get a letter
    still in processing time :(
    what can we do?

    Thats too bad. Call your local congress man(either senate/house). I have seen people with relative success.

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  • SDdesi
    12-22 11:40 AM
    Last year, my daughter's PIO card was processed in 1 day! No questions asked. I must say I have had the best experience with CGI houston so far.

    I had also renewed by passport at SFO; and that too was processed in 2 weeks.

    Dont forget that sometimes we ask the nerdiest questions to the consulate folks over & over again, even after a good explanation. I cant blame them for their attitude if they are at the receiving end.....

    I think Meera Shankar needs to be fired. Its bloody 2010 and this is the kind of customer service the indian consulates provide - they dont pick up calls - it takes them a month to issue new passports - Always feel ashamed to be an indian any time I have to deal with these useless consulates.

    The Houston consulate does not even have their address properly listed on their website.

    This is what they have listed

    1990, Post Oak Boulevard,
    # 600, 3 Post Oak Central,
    Houston TX 77056

    So what is the correct address ?? Is it 1990 Post Oak Blvd or 3 Post Oak Central ?? Bunch of freaking idiots is what we have in all these US consulates.


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  • hydboy77
    02-10 11:52 PM
    Congrats on getting your green card. its nice to see people like you visiting and participating in IV after getting green card.

    I have a question for you. You said in your post below that your 485 was approved end of september 2008. But I thought the visa numbers were already exhausted by august 21 2008 for eb2 india. Are u sure you got approved in end of September 2008 and not in august, did you actually get an email end of september or your LUD on 485 was actually end of september. Please dont get me wrong, I am not questioning your sincerity, I am just trying to understand if infact some case were approved in september as well for eb2 india.

    Its a small good news. I got similar status update last year sometime in Aug/Sept before my I-485 was finally approved around end of Sept '08. My case was originally filed at CSC and then was transferred to NSC. I got this message when NSC finally picked up my transferred case, dusted it off an (I'm guessing) input it in their system. Most likely your cases went the similar route and now they have been finally picked up by the destination center for processing.

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  • sirip4
    04-03 02:13 PM
    I have webfaxed both 10 & 11.



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  • vhd999
    04-21 11:23 AM
    My wife went to India last month on AP via Frankfurt without any visa. She faced no problems while going and coming back.

    While coming back, at the Indian airports, they do check for the visa/ap/gc before they let you aboard.

    I guess the confusion part is that the consulate's version of the visa requirements do not match the visa requirements enforced at the airports.

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  • jfredr
    08-22 10:59 AM
    Hey GC_sufferer sorry i thought u were member of AILA


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  • bujjigadu123
    03-03 03:33 PM
    Can you guys guess, why isn't there an update on this thread after the visit?
    Do you think we will ever see an update from OP?

    Hope, all have gone well with this guy and soon will see update on the visit. :)

    Hi All,

    Sorry for the delayed response.

    ICE officer did not visit me on the scheduled day. There is no communciation from him so far on reschedule also. I donno what happened. I also did not want to follow up with him.


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  • arnab221
    02-11 10:10 AM
    On one hand we have VLD Rao crunching numbers like CRAY XMP and telling that EB2 will be close to current by End of the Year . On the other hand Mapadpa now says that the movement will be slow . I am a mere mortal and i am confused to the core on what to make of it ,

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  • satyasaich
    07-29 11:26 AM
    and it's a 2 year valid EAD

    EAD Renewal applied online on Jun21st

    My Case
    Got the LIN088001XXXX
    FP done on 07/11
    Approval Email received (card prodcution ordered)today

    Spouse Case
    Got an MSCXXXXXXXXX Number as receipt number
    FP done on 07/11
    Approval: Not yet

    Will update again once i revceive the card whether i't s a 2 year EAD or 1 year EAD

    EB3/ India Nov2003
    Proud Supporter of IV

    "Don't go where a path leads. Rather go where there is no path and leave a trail for others"

    07-21 12:47 PM
    NSC: June 17nd 2008

    Received Paper Receipts: June 24th 2008

    Waiting for the FP notices.

    07-13 11:14 PM
    :confused: I found the information regarding both the senate and house bills on AILA's website. From my understanding, they are going to attach this version of the bill...hopefully, without any changes. I'm keeping my fingers crossed. :)