nozerd
12-27 02:07 PM
INFO PROVIDED FOR UK IS INCORRECT.
Last year my wife (who is on H4) but with a valid US visa stamp on her passport was NOT allowed to board a Continental Airlines flight at Houston airport on her way to India. She was sent home even though she had valid US visa in passport as she did not have UK Transit visa.
We tried pour level best to convince the ppl at the flight desk but they wouldnt let her check in because of transit visa issues. So please be very careful while transiting through London. We had to pay and reroute via Paris the next day.
Austria
Airport transit implies staying within the airport for not more than 24 hours, without crossing the immigration. This applies to those passengers also who may be required to stay in the aircraft during the transit time.
US Passport Holders: Not required
Indian Passport Holders: Not Required
For more information on VISA / transit VISA requirements, please visit the official website of Austrian consulate/embassy.
http://www.aussenministerium.at/view.php3?f_id=5308&LNG=en&version=text
Address / Contact numbers in USA
Austrian Consulate General
31 East 69th Street
New York, NY 10021
Tel: +1 (212) 737 6400
Fax:+1 (212) 585 1992
E-mail: info@austria-ny.org
Public hours: Mo - Fr 9:00 am - 12:00 noon
Kuwait
US Passport Holders: Not required
Indian Passport Holders: Not required
For more information on VISA / transit VISA requirements, please contact the Kuwait Consulate/Embassy near you.
Address / Contact numbers in USA
Kuwait Information Office
2600 Virginia Ave, NW, Suite 404
Washington, D.C. 20037
Phone: 202-338-0211
Fax: 202-338-0957
Email:questions@kuwait-info.org
Netherlands
US Passport Holders: Not required
Indian Passport Holders: Not required
Address / Contact numbers in US
There are 58 offices across spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL. http://www.netherlands-embassy.org/location.asp
UK
US Passport Holders: Not required
Indian Passport Holders: Required*
*Exemptions
YOU ARE EXEMPT IF::
You are travelling FROM the US with a valid US visa and a valid airline ticket for travel via the United Kingdom to another country; or
You are travelling TO the US from another country and hold a valid airline ticket for travel via the United Kingdom and a valid US visa; or
You last entered the US with a valid US visa which has now expired but you hold a valid airline ticket for travel via the United Kingdom to another country and you are intending to transit the United Kingdom within 6 months of your last date of entry to the US; or
You have a valid US I - 551 Permanent Residence Card (Green Card) issued on or after 21 April 1998 (but see Note 1 and 2 below); or
You have a valid US Immigrant Visa packet (form 155A / 155B); or
You have an expired I - 551 Permanent Residence Card (issued on or after 21 April 1998) and a valid I-797 letter issued by the Bureau of Citizenship authorising its extension (but see Note 1 and 2 below); or
You have a valid Canadian Permanent Residence Card issued on or after 28 June 2002; or
You have a valid common format Category D visa issued by EU/EEA member states; or
You have a valid common format EU residence permit issued under Council Regulation (EC) No 1030/2002;
You hold a diplomatic or a service passport issued by the People's Republic of China; or
You hold a diplomatic or an official passport issued by the government of India; or
You hold a diplomatic or an official passport issued by the government of Vietnam.
Note :
Holding an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid US visa; or a Transportation Letter instead of a valid US Permanent Resident Card issued on or after 21 April 1998 does NOT qualify you for exemption from the DAT visa requirement.
Holding a valid travel document with an ADIT stamp - worded "PROCESSED FOR I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL ......EMPLOYMENT AUTHORIZED" - does NOT qualify you for exemption from the DAT visa requirement.
Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (eg. a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (eg. Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit onto a third country.
There are separate exemptions for holders of Australian, Canadian and New Zealand visas. Please click here for details.
For more information on VISA / transit VISA requirements, please visit the official website of UK consulate/embassy.
http://www.britainusa.com/visas/other_show.asp?SarticleType=25&Other_ID=313
This information has been prepared with utmost care; we cannot accept any responsibility for inaccuracies contained herein.
Address / Contact numbers in USA
There are many offices spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL.
http://www.britainusa.com/consular/locate.asp
Switzerland
US Passport Holders: Not required
Indian Passport Holders: Not required
For more information on VISA / transit VISA requirements, please visit the official website of Swiss consulate/embassy.
www.eda.admin.ch/washington_emb/e/home/consular/visas/needvisa.html
Address / Contact numbers in USA
There are many offices spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL.
http://www.eda.admin.ch/washington_emb/e/home/ovriew/email.p.html
* It is the responsibility of all travelers to obtain any required visas and travel permissions. I recommend all travelers check with the airline they are flying regarding applicable Transit and Visa Rules for the country they are transiting through. Immigrationvoice or myslef will NOT be responsible for any traveler being denied boarding on account of incorrect documentation.
Last year my wife (who is on H4) but with a valid US visa stamp on her passport was NOT allowed to board a Continental Airlines flight at Houston airport on her way to India. She was sent home even though she had valid US visa in passport as she did not have UK Transit visa.
We tried pour level best to convince the ppl at the flight desk but they wouldnt let her check in because of transit visa issues. So please be very careful while transiting through London. We had to pay and reroute via Paris the next day.
Austria
Airport transit implies staying within the airport for not more than 24 hours, without crossing the immigration. This applies to those passengers also who may be required to stay in the aircraft during the transit time.
US Passport Holders: Not required
Indian Passport Holders: Not Required
For more information on VISA / transit VISA requirements, please visit the official website of Austrian consulate/embassy.
http://www.aussenministerium.at/view.php3?f_id=5308&LNG=en&version=text
Address / Contact numbers in USA
Austrian Consulate General
31 East 69th Street
New York, NY 10021
Tel: +1 (212) 737 6400
Fax:+1 (212) 585 1992
E-mail: info@austria-ny.org
Public hours: Mo - Fr 9:00 am - 12:00 noon
Kuwait
US Passport Holders: Not required
Indian Passport Holders: Not required
For more information on VISA / transit VISA requirements, please contact the Kuwait Consulate/Embassy near you.
Address / Contact numbers in USA
Kuwait Information Office
2600 Virginia Ave, NW, Suite 404
Washington, D.C. 20037
Phone: 202-338-0211
Fax: 202-338-0957
Email:questions@kuwait-info.org
Netherlands
US Passport Holders: Not required
Indian Passport Holders: Not required
Address / Contact numbers in US
There are 58 offices across spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL. http://www.netherlands-embassy.org/location.asp
UK
US Passport Holders: Not required
Indian Passport Holders: Required*
*Exemptions
YOU ARE EXEMPT IF::
You are travelling FROM the US with a valid US visa and a valid airline ticket for travel via the United Kingdom to another country; or
You are travelling TO the US from another country and hold a valid airline ticket for travel via the United Kingdom and a valid US visa; or
You last entered the US with a valid US visa which has now expired but you hold a valid airline ticket for travel via the United Kingdom to another country and you are intending to transit the United Kingdom within 6 months of your last date of entry to the US; or
You have a valid US I - 551 Permanent Residence Card (Green Card) issued on or after 21 April 1998 (but see Note 1 and 2 below); or
You have a valid US Immigrant Visa packet (form 155A / 155B); or
You have an expired I - 551 Permanent Residence Card (issued on or after 21 April 1998) and a valid I-797 letter issued by the Bureau of Citizenship authorising its extension (but see Note 1 and 2 below); or
You have a valid Canadian Permanent Residence Card issued on or after 28 June 2002; or
You have a valid common format Category D visa issued by EU/EEA member states; or
You have a valid common format EU residence permit issued under Council Regulation (EC) No 1030/2002;
You hold a diplomatic or a service passport issued by the People's Republic of China; or
You hold a diplomatic or an official passport issued by the government of India; or
You hold a diplomatic or an official passport issued by the government of Vietnam.
Note :
Holding an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid US visa; or a Transportation Letter instead of a valid US Permanent Resident Card issued on or after 21 April 1998 does NOT qualify you for exemption from the DAT visa requirement.
Holding a valid travel document with an ADIT stamp - worded "PROCESSED FOR I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL ......EMPLOYMENT AUTHORIZED" - does NOT qualify you for exemption from the DAT visa requirement.
Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (eg. a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (eg. Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit onto a third country.
There are separate exemptions for holders of Australian, Canadian and New Zealand visas. Please click here for details.
For more information on VISA / transit VISA requirements, please visit the official website of UK consulate/embassy.
http://www.britainusa.com/visas/other_show.asp?SarticleType=25&Other_ID=313
This information has been prepared with utmost care; we cannot accept any responsibility for inaccuracies contained herein.
Address / Contact numbers in USA
There are many offices spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL.
http://www.britainusa.com/consular/locate.asp
Switzerland
US Passport Holders: Not required
Indian Passport Holders: Not required
For more information on VISA / transit VISA requirements, please visit the official website of Swiss consulate/embassy.
www.eda.admin.ch/washington_emb/e/home/consular/visas/needvisa.html
Address / Contact numbers in USA
There are many offices spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL.
http://www.eda.admin.ch/washington_emb/e/home/ovriew/email.p.html
* It is the responsibility of all travelers to obtain any required visas and travel permissions. I recommend all travelers check with the airline they are flying regarding applicable Transit and Visa Rules for the country they are transiting through. Immigrationvoice or myslef will NOT be responsible for any traveler being denied boarding on account of incorrect documentation.
wallpaper tattoo about the new iPhone, 5
waitnwatch
07-28 04:10 PM
Its amazing how the self proclaimed defenders of Hinduism think that the religion is so fragile. Last I checked Hinduism is known to be >5000 years old, withstood countless aggressors/forced conversions for over 1000s of years, absorbed various cultures and ethnicities to remain one of the dominant religions in the world.
Its asinine to think that the religion/culture that withstood Aurangzeb will be diminished by a freakin IPA.
It is my view that folks who get offended by something as trivial as this, are reflecting their own insecurities or even their lack of faith in something they have been led to believe in.
There is an excellent article on Hinduism and why and how it has survived over the millenia by Amartya Sen. This is one of many excellent articles which are compiled in a book titled "The Argumentative India". If you get a chance please read this article and, even better, the whole book.
There is a lot of information about India's history and culture (with references) and might help throw some light on this discussion of gods on a toilet seat or beer bottle.
I also see a business opportunity from this discussion--caps with Ganesha embroidered on them - would sell like hot cakes! :)
Its asinine to think that the religion/culture that withstood Aurangzeb will be diminished by a freakin IPA.
It is my view that folks who get offended by something as trivial as this, are reflecting their own insecurities or even their lack of faith in something they have been led to believe in.
There is an excellent article on Hinduism and why and how it has survived over the millenia by Amartya Sen. This is one of many excellent articles which are compiled in a book titled "The Argumentative India". If you get a chance please read this article and, even better, the whole book.
There is a lot of information about India's history and culture (with references) and might help throw some light on this discussion of gods on a toilet seat or beer bottle.
I also see a business opportunity from this discussion--caps with Ganesha embroidered on them - would sell like hot cakes! :)
uma001
08-02 08:40 PM
Mayhemt,
Please dont talk without knowing the truth.
I joined the company only for green card, I was a consultant for them before I became full time. They told me this 'We will sponsor green card, will you become full time' I said if you do green card I will join. But they did not keep their promise. Thatis give and take. They already gained from their investment, Thats y they dont want to sponsor anymore. They do green card for what we do for 6 years not for sticking with them for 20+ years.
if I was in my company shoes , I would not take the documents, drag for 2.5 years and say 'We found candidates' . I would have either said in 6 months sorry we cant do or file green card.One need to have honesty. If I am that smart likemy employer I would ve started a company already and firing H1 guys left n right
Although they promise a lot of things on paper, we generally skip reading the fine print. Fine print generally would include this clause (language will be a bit different)...
"Although these are our policies, these might change at any time, with or without written notice".
End of story to all 'You promised me gold in your agreement' arguments.
Practically speaking, if you think from a company's perspective also, I don't blame them. Would you (Mr OP sir) be willing to invest in something that you are not sure that you will get profit from it? Like, you give me 100$, I may give it back+10%interest or may not give it back. If I want to give it back, I may give it back in 2yrs or even 30yrs, 100 yrs its upto me, depending on some citing of random comet I choose.
Same thing in company's point of view, if they invest in endless lawyer fees, filing fees, humongous paperwork and easily these days GC process take 5-35 years and during/after this time, What is the guarantee that you will still stick with the company - after all this investment of time & money? Companies need visible & predictable ROIs.
It is the age of cost cutting. If you don't like it, just quit it & start a company on your own and show them how to run it by sponsoring GCs left & right.
It is an unfortunate truth we all need to get accustomed to live with.
I guess it is in our Indian blood to expect freebies/extra perks from government, from employers (being socialist, a bit communist country and what not), and we forget it is the FREE MARKET that rules here. If your skills are in high demand, they will make you the king. If supply is high for your skills, they will go for someone cheaper..
Please dont talk without knowing the truth.
I joined the company only for green card, I was a consultant for them before I became full time. They told me this 'We will sponsor green card, will you become full time' I said if you do green card I will join. But they did not keep their promise. Thatis give and take. They already gained from their investment, Thats y they dont want to sponsor anymore. They do green card for what we do for 6 years not for sticking with them for 20+ years.
if I was in my company shoes , I would not take the documents, drag for 2.5 years and say 'We found candidates' . I would have either said in 6 months sorry we cant do or file green card.One need to have honesty. If I am that smart likemy employer I would ve started a company already and firing H1 guys left n right
Although they promise a lot of things on paper, we generally skip reading the fine print. Fine print generally would include this clause (language will be a bit different)...
"Although these are our policies, these might change at any time, with or without written notice".
End of story to all 'You promised me gold in your agreement' arguments.
Practically speaking, if you think from a company's perspective also, I don't blame them. Would you (Mr OP sir) be willing to invest in something that you are not sure that you will get profit from it? Like, you give me 100$, I may give it back+10%interest or may not give it back. If I want to give it back, I may give it back in 2yrs or even 30yrs, 100 yrs its upto me, depending on some citing of random comet I choose.
Same thing in company's point of view, if they invest in endless lawyer fees, filing fees, humongous paperwork and easily these days GC process take 5-35 years and during/after this time, What is the guarantee that you will still stick with the company - after all this investment of time & money? Companies need visible & predictable ROIs.
It is the age of cost cutting. If you don't like it, just quit it & start a company on your own and show them how to run it by sponsoring GCs left & right.
It is an unfortunate truth we all need to get accustomed to live with.
I guess it is in our Indian blood to expect freebies/extra perks from government, from employers (being socialist, a bit communist country and what not), and we forget it is the FREE MARKET that rules here. If your skills are in high demand, they will make you the king. If supply is high for your skills, they will go for someone cheaper..
2011 No one expected an iPhone 5
ajju
01-18 08:01 PM
Based on your state law, you may be required to carry your original DL and not copies.
I was talking about copy of EAD instead of original card.. But you made a valid point that EAD is not proof of immigration status... But then what is proof of Legal Status?? If you are on EAD.. you may not've H1...
Also carrying original EAD all the time is not a good idea... If you lose it.. it will take months to replace it... Not sure if during this.. you can work or not... Personally I was asked to show passport only once.. when driving through Texas by US Army... Within your state it may be okay if your DL is close to real ID... But still this is a confusing topic...
I was talking about copy of EAD instead of original card.. But you made a valid point that EAD is not proof of immigration status... But then what is proof of Legal Status?? If you are on EAD.. you may not've H1...
Also carrying original EAD all the time is not a good idea... If you lose it.. it will take months to replace it... Not sure if during this.. you can work or not... Personally I was asked to show passport only once.. when driving through Texas by US Army... Within your state it may be okay if your DL is close to real ID... But still this is a confusing topic...
more...
unseenguy
02-13 08:13 PM
This is ridiculous; no one asked you to come to this country.
Nor are you entitled to anything besides what they chose to bestow.
Remember that.
Ridiculous - Did anyone ask Jews not to come to Europe? Did anyone tell you ever to file a green card?
Nor are you entitled to anything besides what they chose to bestow.
Remember that.
Ridiculous - Did anyone ask Jews not to come to Europe? Did anyone tell you ever to file a green card?
GC9180
01-17 06:54 PM
xyzgc,
"If he had lost his job, he wouldn't bull-shitting around like this on public forums."
What he spoke was what one goes thru at that point of time, this happens to people who have lots of responsibility..maintain family, medical insurance, loans etc. If one has few $$millions$$ (i assume you have, as you assumed about him bull-shi**ing) then one does not worry about layoff or madoff..for the job was just a pass-time.
"pretend to be shell-shocked" to accuse anybody without proof, in soft words you spoke lies about him, in hard words one can call you a liar.
"If he had lost his job, he wouldn't bull-shitting around like this on public forums."
What he spoke was what one goes thru at that point of time, this happens to people who have lots of responsibility..maintain family, medical insurance, loans etc. If one has few $$millions$$ (i assume you have, as you assumed about him bull-shi**ing) then one does not worry about layoff or madoff..for the job was just a pass-time.
"pretend to be shell-shocked" to accuse anybody without proof, in soft words you spoke lies about him, in hard words one can call you a liar.
more...
Legal_In_A_Limbo
03-10 09:12 AM
I changed 5 employers over the past 6 years, after I filed my GC. I never did AC21 with out them asking for it and I responded to only one RFE with whatever the document they requested and I mentioned that I used AC21 to change the job.
Seems like you file G-28 by yourself. We are also looking into doing that, but have not been able to get anyhelp. Can you please guide us about filling the G-28. We wil really appreciate that. Is there any particular format we need to follow?
Seems like you file G-28 by yourself. We are also looking into doing that, but have not been able to get anyhelp. Can you please guide us about filling the G-28. We wil really appreciate that. Is there any particular format we need to follow?
2010 The new iPhone 5 or the CDMA
Ramba
07-04 07:25 PM
Everyone blaming CIS/DOS needs to understand some basics behind this mess. Before going to conclude anything, first, one should read all the ombudsman reports for last 3 or 4 years. Former INS or current USCIS�s functions and operations were not questionable and not known to public till ombudsman office was established. Ombudsman has helped customers and keep helping to improve efficiency of CIS. Ombudsman main concern (or goal) have been over the 4 years are
1. Primarily reducing backlogs in any application type particularly 485 and timely approval of any application.
2. Abolish the need for interim benefits like EAD, AP etc. If they approve 485 in 6 months, then most of us do not require EAD and AP.
3. Reduce the wastage of EB visas, as unused EB visas can not be carried over to next year (use it or lose it). Since 1992, about 200,000 EB visas were lost permanently. In 2003 alone, they issued only 64,000 EB visas and lost 88,000.
The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.
The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.
That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.
Now lets come to July Visa bulletin mess.
Because of tight holding of visa cutoff dates for EB3 and EB2 for the first 8 months of 2007 (From Oct 2006 to May 2007) USCIS approved only 66,000 485s. For the next 4 months they have about 60K to 70K numbers available. If they approve the pending 485s with slower speed or old cut off dates, there is a potential estimated loss of 40,000 EB visas by Sep 2007. Thats why, based on ombudsman recommendation, DOS moved considerably the cut off date for June. When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The �documentarily qualified 485 applications� mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card. Apart from 40,000 documentarily qualified 485 applications, there is thousands of 485 applications (documentarily not yet qualified) pending due to name check. When DOS checked with USCIS they found only 40,000 documentarily qualified 485 applications (in all EB categories put together) are pending. However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made �current� for all EB categories. This is how they determine �current� or �over-subscribed� and how they establish cutoff dates.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered �Current.�
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be �oversubscribed� and a visa availability cut-off date is established.
There is nothing wrong with DOS to make all categories �current� for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories �current� ie fresh guys entering into I-485 race. Because of �current� there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.
For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.
Therefore by making �current� for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.
There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as �current� in June 13 and second is modifying VB only on July 2.
My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.
1. Primarily reducing backlogs in any application type particularly 485 and timely approval of any application.
2. Abolish the need for interim benefits like EAD, AP etc. If they approve 485 in 6 months, then most of us do not require EAD and AP.
3. Reduce the wastage of EB visas, as unused EB visas can not be carried over to next year (use it or lose it). Since 1992, about 200,000 EB visas were lost permanently. In 2003 alone, they issued only 64,000 EB visas and lost 88,000.
The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.
The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.
That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.
Now lets come to July Visa bulletin mess.
Because of tight holding of visa cutoff dates for EB3 and EB2 for the first 8 months of 2007 (From Oct 2006 to May 2007) USCIS approved only 66,000 485s. For the next 4 months they have about 60K to 70K numbers available. If they approve the pending 485s with slower speed or old cut off dates, there is a potential estimated loss of 40,000 EB visas by Sep 2007. Thats why, based on ombudsman recommendation, DOS moved considerably the cut off date for June. When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The �documentarily qualified 485 applications� mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card. Apart from 40,000 documentarily qualified 485 applications, there is thousands of 485 applications (documentarily not yet qualified) pending due to name check. When DOS checked with USCIS they found only 40,000 documentarily qualified 485 applications (in all EB categories put together) are pending. However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made �current� for all EB categories. This is how they determine �current� or �over-subscribed� and how they establish cutoff dates.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered �Current.�
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be �oversubscribed� and a visa availability cut-off date is established.
There is nothing wrong with DOS to make all categories �current� for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories �current� ie fresh guys entering into I-485 race. Because of �current� there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.
For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.
Therefore by making �current� for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.
There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as �current� in June 13 and second is modifying VB only on July 2.
My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.
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eilsoe
03-07 05:32 PM
well I've realized now that I can't get this thing done in time, so here's my not-so-final-but-as-final-as-it-gets images... :)
(as seen through a surv. camera)
http://www.avalon-rev.dk/junk/station2F.jpg
(as rendered through Max)
http://www.avalon-rev.dk/junk/station2FS.jpg
I really wanted to add more to 'em... :(
oh, well, consider them my finals :)
wireframe: www.avalon-rev.dk/junk/wireframe.gif
(as seen through a surv. camera)
http://www.avalon-rev.dk/junk/station2F.jpg
(as rendered through Max)
http://www.avalon-rev.dk/junk/station2FS.jpg
I really wanted to add more to 'em... :(
oh, well, consider them my finals :)
wireframe: www.avalon-rev.dk/junk/wireframe.gif
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eager_immi
01-26 10:16 AM
I don't think you are taking a free-ride but remember only lobbying gets you what you want in this country. Yes u can feel hopeless and watch, or you can act and do something about it. There are no guaratees and but atleast you'll have no regret of having done your best. It is like saying "oh this exam is so tough i don't want to put too much effort into it since i won't pass." Remember the saying "No risk no gain."
I (and may be lot of others like me) want to care about IV & want to contribute to IV. But there has not even a single thread of good news for last several months. This is very demotivating. I have contributed only once. Every time I visit this site, I feel guilty of taking a free ride. But at the same time I find it hard to make any contributions with nothing happening on the horizon. Currently it looks like what ever is happening or going to happen with CIR etc is just moving at its own pace. If we can not expedite it, then what is the use? in any case congress will pass some relief for skilled workers when CIR comes up.
I (and may be lot of others like me) want to care about IV & want to contribute to IV. But there has not even a single thread of good news for last several months. This is very demotivating. I have contributed only once. Every time I visit this site, I feel guilty of taking a free ride. But at the same time I find it hard to make any contributions with nothing happening on the horizon. Currently it looks like what ever is happening or going to happen with CIR etc is just moving at its own pace. If we can not expedite it, then what is the use? in any case congress will pass some relief for skilled workers when CIR comes up.
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nixstor
10-26 10:17 PM
please send the link and doc.
Please look at the first post in the thread.
Please look at the first post in the thread.
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mbawa2574
02-15 04:31 PM
Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps. :)
But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'
:mad:
But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'
:mad:
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ItIsNotFunny
10-17 02:38 PM
What did we achieve? Didn't come out with common agenda!
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alex99
11-01 01:31 PM
I will do it
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sugaur
05-28 09:44 PM
I Wish the border patrol was doing its job more efficiently and doing more searches not less. This way !@#$% illegals would be kicked out and our immigration process wouldnt be held hostage by them.
I live near the Mexican border. There are border check points everywhere when you leave the city. They will stop you, ask you your status. First time I didnt have my passport or anything. He checked my drivers license and politely reminded me about the requirement to carry immigration documents. Since then, I always carry a copy of passport and H1B and have never had any problems.
I hate it when people cry and feel like they are being persecuted when asked to follow the law.
I live near the Mexican border. There are border check points everywhere when you leave the city. They will stop you, ask you your status. First time I didnt have my passport or anything. He checked my drivers license and politely reminded me about the requirement to carry immigration documents. Since then, I always carry a copy of passport and H1B and have never had any problems.
I hate it when people cry and feel like they are being persecuted when asked to follow the law.
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anilsal
12-26 03:50 PM
MasterCard is quite attractive with the new WorldPoints concept. A point for every dollar spent. When you have sufficient points, you can get air tickets etc.
An issue with Discover card is that it is not widely accepted outside the US - not in Canada or in Europe (the merchant will have to call some number to get authorization). Amex is usable worldwide.
Many merchants do not accept either Amex or Disc in the US.
An issue with Discover card is that it is not widely accepted outside the US - not in Canada or in Europe (the merchant will have to call some number to get authorization). Amex is usable worldwide.
Many merchants do not accept either Amex or Disc in the US.
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jasmin45
07-16 05:45 PM
Its interesting to see how organized they are and how arrogant their wordings are .. Looks like they have quiet a bit of influence in political spectrum.
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vkannan
06-08 06:46 PM
That "small change" of EB2 China PD is very important. It suggests that there is going to be "Spill over" so EB2 India and China will have to move together to use the unused numbers. A good sign; at least EB1 retrogression does not seem to be likely and there will be some spill over numbers to EB2 India (EB2 china may not benefit much as it had a PD later than that for the rest of the year.
Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.
Maybe:
Last year USCIS/DOS did the spill over in Aug/Sep, before doing the spill over they did bring china and India Cut-off date to have the same date. yes your thought could be right, there are some visas which they are "Forecasting" would be available for spill over.....
Maybe Not:
Its Just a forecasting right(v all know how good USCIS/DOS are when it comes to forecasting...) they might very well be proven wrong ......and moving china EB2 to India EB2 does not going to affect them in any way.....
Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.
Maybe:
Last year USCIS/DOS did the spill over in Aug/Sep, before doing the spill over they did bring china and India Cut-off date to have the same date. yes your thought could be right, there are some visas which they are "Forecasting" would be available for spill over.....
Maybe Not:
Its Just a forecasting right(v all know how good USCIS/DOS are when it comes to forecasting...) they might very well be proven wrong ......and moving china EB2 to India EB2 does not going to affect them in any way.....
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H1Girl
03-09 12:38 PM
...
Wonder why India EB3 is lagging so far behind and virtually crawling at a snail's pace.
I wouldn't wonder...It's all supply and demand. We have to understand that...
Wonder why India EB3 is lagging so far behind and virtually crawling at a snail's pace.
I wouldn't wonder...It's all supply and demand. We have to understand that...
Legal
07-05 12:07 PM
No need to conduct this poll. What's your point? go by the
majority if they say no?
Make it 20$ per month and be done with it. Those who couldn't do this
are unlikely to be helpful anyway.
majority if they say no?
Make it 20$ per month and be done with it. Those who couldn't do this
are unlikely to be helpful anyway.
greenlight
08-23 12:27 AM
yes, EB2 dates have been better than EB3 for all countries, but in your case this would be especially big. All this while that EB3-ROW has been retrogressed back so much, EB2-ROW has been current. If you are from ROW (Rest-Of-World, ie not from India/China/Mexico/Philippines) and get a chance to go from EB3 to EB2, JUMP AT THAT CHANCE!
As someone pointed out earlier you need your EB3 I-140 to be approved, then when you file the new I-140 (for EB2) include a copy of the previous I-140 approval notice requesting that the PD be ported over. They will port it.
Once that I-140 is approved, send that approval notice to USCIS with your I-485 receipt, asking them to replace the current I-140 (the EB3 one) with the new (EB2) one (google "interfiling")
This might make a difference of a couple of years in your approval if the dates move like they did in the past!
Thanks, gc_chahiye, for your response.
I will discuss with my attorney.
As someone pointed out earlier you need your EB3 I-140 to be approved, then when you file the new I-140 (for EB2) include a copy of the previous I-140 approval notice requesting that the PD be ported over. They will port it.
Once that I-140 is approved, send that approval notice to USCIS with your I-485 receipt, asking them to replace the current I-140 (the EB3 one) with the new (EB2) one (google "interfiling")
This might make a difference of a couple of years in your approval if the dates move like they did in the past!
Thanks, gc_chahiye, for your response.
I will discuss with my attorney.
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