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  • pappu
    11-06 03:28 PM
    Check this:
    http://www.bibdaily.com/pdfs/Liang%2010-30-07.pdf

    Defendants assert that the background check is a complex
    process that must accommodate an extremely large volume of requests
    from the USCIS. Given the backlog of name-check requests and the
    FBI�s limited resources, they maintain that the delay of two and a
    half years in processing Mr. Liang�s background check is not
    unreasonable. There is some validity to these points, and the
    Court appreciates that the name-check process is indeed complex and
    resource-intensive. But limited resources or not, a common-sense
    rule of reason dictates that if the FBI was performing background
    checks with due diligence, it would not take two and a half years
    to process Mr. Liang�s name. While the Court is sympathetic to the
    demands placed on the FBI and the limited ability of the USCIS to
    control how the FBI allocates its resources, a lack of sufficient
    resources devoted to name-check operations is a matter for the
    agencies to take up between themselves or with Congress. The
    executive branch must decide for itself how best to meet its
    statutory duties; this Court can only decide whether or not those
    duties have been met.
    See Dong, 2007 WL 2601107 at *11 (�[I]t is
    not the place of the judicial branch to weigh a plaintiff�s clear
    right to administrative action against the agency�s burdens in
    complying.�).
    Moreover, although there is no Congressionally mandated
    timetable for the processing of I-485 applications, Congress has by
    statute expressed its view of what a reasonable amount of time is:
    �It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days
    after the initial filing of the application.� 8 U.S.C. � 1571.
    The Court recognizes that this statute was enacted prior to the
    events of September 11, 2001, and that the burdens on agencies with
    responsibility for immigration matters have since increased.
    Nonetheless, Plaintiffs� applications have been pending for five
    times the length of the period identified by Congress.
    Defendants argue that expediting Mr. Liang�s name check will
    prejudice other applicants who have been waiting longer than he -in some cases, since as long as December, 2002.
    While this would
    be unfortunate, Defendants� failure to fulfill their statutory duty
    to other applicants has no bearing on whether they have fulfilled
    their statutory duty to Plaintiffs, and thus cannot serve as a
    basis for denying Plaintiffs� motion.
    While Defendants worry that
    granting Plaintiffs relief may reward �the more litigious
    applicants� or encourage other applicants to file lawsuits,
    �perhaps recognizing this possibility will provide the defendants
    with adequate incentive to begin processing [I-485] applications in
    a lawful and timely fashion in order to obviate the applicants�
    need to resort to the courts for redress.� Dong, 2007 WL 2601107
    at *12.





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  • drona
    07-13 03:19 AM
    Posted on Daily News & Analysis

    Dollars and scents

    Ethnic communities are bringing new cultures to the American political discourse

    On July 2, 2007, just weeks after announcing that they were ready to accept employment-based visa applications from hundreds of thousands of legal immigrant professionals, many of whom have been waiting for years, the US Citizenship and Immigration Service (USCIS) did a volte face and announced that their applications would not be entertained till further notice.

    Not surprisingly, there were thousands of disappointed professionals. And how did they express frustration at this emotional roller coaster, considering that they had pumped over $250 million into the US economy in application and legal fees, medical expenses and so on? By taking the ideas of Mahatma Gandhi to the doorsteps of the US administration.

    continued at...
    http://www.dnaindia.com/report.asp?NewsID=1109544





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  • gc28262
    08-26 11:19 AM
    Only thing keeps me off vonage is they cancellation policy they comeup this lot of charges if i want to cancel.

    I will wait for Lingo plan to jump in let me also send an email to Viatalk and see what they say.

    Vonage has a contract of 1 year. Have to pay around $100 if you break the contract.

    Lingo has a contract for 2 years. Will have to pay a similar contract break fee for Lingo as well.

    Monthly charges for world plan: Lingo is cheaper than vonage
    Voice quality: Vonage is slightly better than Lingo. Lingo is ok too.
    Customer service: Vonage is better than Lingo
    Contract Period: Vonage 1 year. Lingo 2 years
    Plan selections: Lingo has more plan selections.
    Cheapest plan: Lingo $7.95/month for 250 minutes america plan. Vonage $17.99/month for 500 minutes US plan





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  • gccovet
    11-19 11:43 AM
    two more people to reach 100.
    Please, send the letters.
    Thank you.
    GCCovetl



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  • Hunter
    05-11 12:10 AM
    Check John Hanity show and they will teach you the fundamentals. If employers don't earn any profits they won't do a business.

    .

    Do you mean Sean Hannity from faux news? If that is the case, I rest my case because you are a bigger JERK than I thought. Anyone listening to Sean Hannity for anything other than entertainment must be a complete idiot. :D :D

    BTW, since you are a follower of Hannity, you may want to undergo waterboarding instead of Hannity, as he seems to have chickened out.





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  • qasleuth
    11-20 10:59 PM
    I already had conversation with american people ( not any desi's)

    ummm...not sure what that means....are you saying 'american' people can give you better advice on this matter "of leaving the house because you are moving for a different job" than 'desis'.



    U tell me how wise it is to give a loan to a person without a down payment..The reason i said that other people are stupid is because.. i took an ARM loan of 5 years,, where i knew that i am not going to live in the house for more than 3 years and will later sell it..and there are people who knew that they are going to stay in the same house for more than their ARM period.. but didnt realize that they wont be able to make payment once the rate is re-adjusted.. i am calling those people's decision as stupid..
    about me making a bad decision about buying a house.. well not 2 years ago..
    i can sell the house for a loss of may be 20,000.. but why should i pay that money from my pocket.. i can keep that in my savings account and use it in my bad time..

    Are you sure you have a job, a house and have the capacity to get to work without needing assistance ?
    Your simplistic explanation about ARMs Vs length of ownership of the house, decision to 'leave the house' because of a job (whatever that means, did you lose your job or did you find a better job or what ?) is just incredible.

    How much down payment did you make ? Won't you lose that amount?

    Here is a conversation I had with a co-worker recently:
    Co-worker took a 3/1 ARM and bought a house which is beyond her means. Now the rate adjusted to a crazy amount and she is finding it hard to pay her mortgage. She blames everybody from her broker to banker to Obama to Paulson to foreign workers.
    Rationalizing to suit your needs is a fallacy. As a grown up you have to own up to the decisions you make. Running away from your financial commitments giving simplistic rationalizations will get you into deeper trouble.

    Anyways, my own interest in this discussion is what sledge_hammer nailed, people like him/her and I pay for your greed.



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  • vban2007
    08-16 01:57 PM
    I got welcome notice last week but no news on wife's application.

    Opened SR, sent email, took infopass but no news..

    Any idea how to move it forward.





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  • pappu
    06-25 11:23 AM
    ............Expanding on my previous posts.
    One more thing.
    If you decide to apply multiple 485s with each other as dependents, then file just one first. Wait. Gets its A number and put that number in the other application. This way you will cover one pitfall of multiple filing. It will not cause confusion at USCIS end. Now This will not completely eliminate all risks in multiple filing. There have been cases in the past where when you inquire the status of one application, you will get the status of other. And if the PD of other is new, you can get stuck in a blackhole and will either have to wait for USCIS to sort it out or keep trying other ways to solve it. One of the reasons for delay (rightly put by Murthy) is -- when an application is adjudicated by a CIS officer, if the officer sees that there are other files open for the same individual, the officer will not adjudicate that application until that officer has all of the files in existence for that individual. This causes significant delays and confusion in adjudication.
    Also do not apply EAD and AP on both. This is commonsense. But just mentioning it here in case..
    I also researched the option of CP on one and regular 485 on other. While CP looks attractive, there are lot of risks. I have a big document on this. Overall I would not recommend this to anyone who wants to play safe.
    Even multiple filing option should be pursued by critically evaluating your own situation. See how much you and your wife have secure jobs. How new are your PDS. What catagories do you belong to. Do not just apply because you have money to throw away. If throwing money gives you peace of mind, then by all means give it to the lawyers to file I485.

    Again. There is nothing right or wrong. Multple filing is only good for very specific cases to have a safety net. This is what I have found till now.



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  • abuddyz
    01-22 09:28 AM
    worst case? yes.. it's mine..

    My H1 revalidation appointment was on the 12-Dec. Visa was approved immediatly but haven't received the passport yet. I receive the same response when I call.. that its under PIMS verification. No ETA of when I can expect it to be done..

    I had a H1 transfer to a new employer and 3 year extension happen at the same time. I am not sure what the problem is and what I can do. I am totally stressed out and really depressed ..

    If someone has done something thats helped their case move along.. please PM me or reply to this post.. Thanks !

    can you please let everyone know when was your H1 approved? (that will help decide the pattern for passport delay due to PIMS..)





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  • TheNewTiger
    04-07 11:40 AM
    When one should feel to donate, they can donate. Doesn't mean that you donated, means everyone should donate.
    It is about donation, not Haptaa-vasooli.....

    So, before taunting anyone you should understand the meaning of "Donation".

    People are not contributing for Advocacy day and they will contribute to hire the octopus ?? :rolleyes:



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  • abhis0
    09-18 09:09 AM
    I am a July 2 filer , finally received my receipt for 485, EAD, AP from texas.
    The notice date is Sep 6.

    Also, EAD card ordered

    Did you see your checks cashed?





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  • AreWeThereYet
    08-17 11:36 AM
    Hi guys

    Just now (12.30 PM EST) I got a mail from USCIS saying your application has been approved. I didn't do anything (never opened SR or contacted Senator) but last week I did had an info pass appointment which was useless. MY PD was Feb 2005 EB2 INDIA (The fun part is My AP and EAD are still pending for over 4 months)
    Wish you good luck guys

    Thanks again

    Enjoy your green status.



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  • summerof98
    09-11 04:34 PM
    How do you know when the process begins and how do you find out if your name clears or is stuck like so many others?

    Call (in the morning) 1-800-375-5283 and follow this sequence: 1,2,2,6,1,1,1,3,4.

    If the Immigration Officer is kind enough you can ask if the Name Check is cleared. If he/she says No, you can ask him/her the date it was sent to the FBI.





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  • thakurrajiv
    11-25 04:19 PM
    Sledge_Hammer:
    I agree with you the whole thing was set for a collapse and personal responsibility and other ethos have disappeared long time ago. In my opinion the fundamental problem is money created from debt. The backbone of entire modern economic system is based on creating money from debt. Check out this and you will know how leveraged the entire system is (not just real estate).
    http://video.google.com/videoplay?docid=-9050474362583451279

    Unfortunately we are all caught in it with only solution to fix is time travel and kill the beast in infancy. There is vested interest by the Govt and Banks to lend because that's the only way money is created. That explains constant rate cut cycle and stimulating artificial growth. The entire monetary system is hijacked by banks. The debt to ordinary people drives the economy and people pay that debt and interest a good part of their life. Thus collapse of big banks could lead to eventual meltdown of the system, and no wonder govt keeps bailing them out.
    In the end personal level frugal living and debt free people are constantly punished by taxing interest like ordinary income and no tax breaks. On the other hand big over leveraged spenders are rewarded with big tax breaks. Why ? Because it allows the well-oiled machinery to work.

    In last 10-12 months, this overworked (overstretched) machinery broke down because the debt (and interest) is no longer paid back. Banking system of the entire countries start to fail (Iceland, Latvia, Hungry...). What happens next is anybody's guess, but we will be collateral damage, mine and your savings will be eroded by diminished buying power due to currency printed to bail out the fundamentally flawed system.
    The sharp decline in moral and ethics is a direct result of entitlement mentality and welfare society. People feel that they deserve everything without having to pay it back and everyone who is better off must be evil. They forget that simple hardworking people can be rich by simply living debt free and with in the means.
    Finally the money from debt driven system might survive but not without huge decline in standard of living, a massive recession and permanent shift away from material possession as a central theme of life.

    Very good post. This is the reason there should not be BAILOUT. Let the deflation and deleveraging continue. Let the so called wealth get destroyed. Lets make the savers the king, cash the king.
    We should not let this politicians screw savers. Lets oppose the bailouts.



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  • SunnySurya
    08-07 12:59 PM
    I will forward this to my lawyer..
    US court already clearly given vertict to BS+5 years alone itsef qualify for EB2. It was a major ruling against INS.

    US educated (or holding master degree) is no way superior than holding BS+5 years experience if job requires more experience . Similarly BS+5 years is no way superior than MS, if job requires absolutly Masters degree (like research).. So dont compare each other, as each has its own merits. Education and experience cannot replace each other.

    However, One can send a petition to DOL/USCIS to deny the second LC/140 application if an employer files two LC/I-140 for a single person (same employer -same beneficiary) for a similar kind of job, just to help the employee to line jump from EB3 to EB2. This may work to stop abusing the system.

    Read this before you go further ..

    http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr03jy00-111





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  • kshitijnt
    05-11 12:11 AM
    See the url below.

    http://www.informationweek.com/news/global-cio/training/showArticle.jhtml?articleID=215900774&subSection=H1B

    I don't give a damn what your epics say or what you practice in India. All I pointed out was teh corruption in India pointed out by international agencies compared to western democracies.

    Oh there is no corruption in western democracies. :) LOL

    Iraq war had no corruption
    Halliburton deal had no corruption,
    AIG had no corruption, BOA , Citi had no corruption.
    Lobbying had no corruption
    The texas cops who took money were not corrupt.
    Abu Ghraib was very morally correct.
    Blackwater was a very level headed company.

    Did all this happen in some communist eastern state?



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  • Bpositive
    02-09 04:38 PM
    This is ridiculous; all I see is unnecessary hurdles being produced � I see efforts of discouragement towards coming to this country on H1B. First they suddenly start auditing 60% PERM cases and now suddenly delaying visa unreasonably�increasing Visa numbers and making Green Card processing faster is aside, we are facing other problems.

    I have started speaking with senior people at DOS. On a purely procedural level I don't see why an H1 applicant who may already be in the US is not 'security cleared' at the time of giving the I-797 approval. Totally ridiculous.





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  • boreal
    01-24 11:21 PM
    Not only the laptop but all your personal items such as purse, camera etc. BOYCOTT UK. These people are racist.

    Sorry to hear all these stories.
    I always fly either Singapore or Cathay Pacific (i am from California) and i never encountered these problems at the transit points (Singapore, Hong Kong, Seoul etc). Infact Singapore is one of the most pleasant airports for any layover. Usually, whenever i fly Singapore, i have a layover of over 9 hours, but the airport is so huge and so many nice facilities that one rarely gets bored (You can get a complementary tour of the city too, courtesy Singapore tourism or get a nice room inside the airport to relax, get a massage...). Add to that, ppl are so friendly there and you can see many Asians (Indians etc) working there that the environment is friendly and non-hostile, unlike most of th European transit points. (Earlier, i have flown via Frankfurt, Amsterdam where ppl were really hostile, as though every colored Asian that passes through their airports is a terrorist or an inferior human ...sick!)

    Anyways..if you can take an extra flight from the east coast, please do try Singapore airlines from SFO or LAX and see the difference (no, no, i am not being paid to say good words about them :-))...





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  • Canadian_Dream
    12-06 05:28 PM
    Pappu,
    I agree with you on this, there is some truth to this that there could be delays when there are multiple filings. In fact this is the first time when USCIS has to deal with so many multiple filings, a very few lawyers have any direct experience with it. From USCIS Standard Operating Procedure, there is a mention of "second filing" (not duplicate filing) in the following places:
    1. Procedural Overview (Page 4)
    2. File Review (Page 46)
    3. Interview Waiver Criteria (Page 185)
    http://www.ilw.com/seminars/august2002_citation2b.pdf
    From the link above:
    In (1) and (2) above it says second filing should be handled under the normal process. Although if different A# are assigned case goes to CRU (case resolution unit). But if A# assigned are same, you are more or less processed like a normal case. The last part (3) interview waiver criteria, multiple filing is mentioned as one of the deviations from interview waiver criteria but it NOT the interview criteria itself. In the end processing time for multiple filing is very much up to the discretion of adjudicating officer. Also, I didn't find any reason to believe that there could be issues with security check with multiple filings.
    I think all of us multiple filers can breathe easy if our cases are filed clearly with full disclosure of information without any intended willful violation.

    I am a multiple filer too, my I-485 application filed in early June was approved last week. I hope this gives some reason for optimism for us multiple filers. Good luck to everyone. BTW: I am still a contributing member and will continue to hang out at IV.


    After much research on this, I tend to agree with this answer above (not the CP part though). As per my latest information from a lawyer who does multiple filings, the processing delay can be significant due to this. Looking back, wish our community had more information on this and more real examples of people who have done it. It would have helped members who were unsure if they should do multiple filings.

    Anyways this thread will be useful for future I485 filers.





    ezee
    08-16 12:30 PM
    I got the CPO email today for both my wife and I.

    Here is my info:

    PD - Oct, 2005
    NSC
    Sent email to followup address on 8/6 (no response yet), sent again to scopsscata address on 8/13
    Asked my congressman to inquire on 8/12
    Opened SR on 8/13
    Got CPO email on 8/16 (Happy Independence Day!!! Well I am sure they wanted to present this gift on 8/15, but what could they do, it was a Sunday!)

    Hope and pray that the rest of the people waiting get their approvals soon!





    samyjani
    01-01 07:16 AM
    Hi All,
    I am on a business trip to Chennai and I was interviewed for my H1-B renewal on Dec 6th 2007, unaware of the PIMS as it was not mentioned anywhere on the website that it will take this long to receive the passport. I was granted my visa within few minutes but till date (Jan 1st, 08) I have not received my passport. Was interviewed at the Chennai consulate. It has been heights of frustration as I had to spend all my Christmas holidays and New years at Chennai with all my fly being in US. I was supposed to return to US on Dec19th had to postpone my tickets to Dec 24th and then to Dec 29th. Now finally I have cancelled my tickets as it was costing me $200 every time I modify my itinerary.The US consulate, Chennai keeps on extending the processing time from 3 to 7 to 10 and it has been 15 working days already now, but still no passport in hand. Last week on Friday (Dec 28th) got an email that it might take additional 7 working days, huh ! Good thing is my company is in Chennai so atleast I can go to work or else it would have been really painful.
    Was anybody else interviewed at Chennai during that black week ??? with similar situation ?
    Good luck everybody.



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