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  • skpanda
    05-17 07:03 PM
    This is a tricky situation. I would suggest you consult your attorney.

    Since one of your parent's is Indian citizen having a Birth place Nepal and Obtaining an Indian Passport is a valid situation. There are many people who are born outside India for various reasons. Their Indian citizen parent(s) can get Indian citizenship for them.

    In my opinion, you should change the place of birth in your passport as Nepal (provided you have proof). This way, it not confuse USCIS. Remember no matter which Citizenship you have, your place of birth is what determines the Chargebility.

    Once you are able to change the place of birth on your passport and show Birth Certificate from Nepal you are good to go!!

    Please update here about any new developments in your case!!

    All the very best!


    Thanks Nathan for quick response.

    But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?

    Are there more people like me here? who were born outside of india, but are Indian citizens?

    Thank you for help




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  • nashim
    08-07 11:51 AM
    Good job, people can laugh by this post in a busy work schedule.




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  • amitjoey
    05-16 01:02 PM
    IV NEEDS MONEY to pay for all the resources. IV Core has spent thousands of dollars from their own pockets to fly back and forth from DC and other activities to lobby for all of us. Please keep in mind that apart from paying the lobbyist (top $$$$). IV has other expenses like maintaining this website, paying for related expenses. CONSIDER CONTRIBUTING ATLEAST A LITTLE AMOUNT.




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  • Blog Feeds
    07-03 05:50 PM
    DHS Leadership Journal Has Just Posted the Following:


    Guardians,

    http://www.dhs.gov/xlibrary/photos/Thad_Allen.jpg (http://www.dhs.gov/xlibrary/photos/Thad_Allen.jpg)
    Later today, I will be relieved as Commandant of the U.S. Coast Guard by Admiral Robert Papp. It has been an honor to serve as your Commandant for the past four years and I am confident in Admiral Papp's ability to lead the Service during a period of tremendous changes, challenges, and opportunities. The value of the U.S. Coast Guard (http://www.uscg.mil/) has never been greater than it is today and it is the men and women of our great Service who truly make it all possible.

    After the Change of Command ceremony, I will continue to serve as the National Incident Commander for the Gulf of Mexico oil spill for some period of time but I wanted to take this final opportunity to thank you for your tremendous commitment, dedication, and courage over the past four years.

    When I became the Commandant in 2006, I issued a number of orders that I thought were necessary to meet the challenges we faced then and set the conditions for future success. With your help we have accomplished a great deal. We transformed our acquisition process, enhanced our marine safety capability and capacity, created a new and more effective support structure for our Reserve Forces, stood up the Force Readiness Command and Deployable Operations Group, created the Maritime Enforcement Rating, and transformed our maintenance and logistics processes. At the same time we met operational challenges in piracy off the Horn of Africa, the tsunami in America Samoa, the earthquake in Haiti, and more recently the oil spill in the Gulf of Mexico. We accomplished all of that without losing focus on our broader mission set. We continued to interdict drugs and made major strides to eliminate the use of self propelled semi-submersibles. We deployed wireless biometric capability to significantly reduce illegal alien migration. At the same time we saved countless lives.

    In the last six years, we have also strengthened our relationships within the Department of Homeland Security. Through the completion of the first Quadrennial Homeland Security Review (http://www.dhs.gov/qhsr), we helped mature the Department and build the Nation's homeland security enterprise.

    In the process we enhanced our ties to the Department of Defense. We held unprecedented staff talks with the Navy, Air Force, Marines, Army Corps of Engineers and the National Guard Bureau. The Chief of Naval Operations, the Commandant of the Marine Corps and I cosigned "A Cooperative Strategy for 21st Century Seapower" and Naval Operating Concepts. We forged stronger bonds with our interagency partners in the Federal Bureau of Investigation, National Oceanic and Atmospheric Administration, Environmental Protection Agency, Maritime Administration, Drug Enforcement Administration, National Transportation Safety Board, and the Department of the Interior. Finally, we strengthened our international ties with our hemispheric partners and through the North Pacific Coast Guard Forum and North Atlantic Coast Guard Forum. Together, we raised the visibility of Coast Guard missions to our external stakeholders and our international partners.

    The common thread connecting each of these of initiatives and actions, and my overarching goal as Commandant, was for the Coast Guard to become more change-centric - to sense changes in our operational environment and have the courage to make course corrections before problems overwhelm us or we have terms dictated to us externally. To do that we must become more diverse, adapt to new technologies, and embrace social media as well. I believe we have become more change-centric and a learning organization that capitalizes on lessons learned. Nowhere has this been more evident than in our responses to the devastating earthquake in Haiti and in our leading role to the ongoing oil spill in the Gulf of Mexico. The world has seen the value of the U.S. Coast Guard in action. We protect, defend, and save America's maritime interests wherever they are at stake - that is the legacy you have left for our future Guardians to embrace.

    In spite of our operational successes, challenges remain. Our operations are not risk free and we have known the pain at the loss of shipmates from USCGC HEALY, MSST Anchorage, CG 6505, and CG 1705. Our promise to them is to prevent future accidents and insure we create the safest possible environment for our personnel. The Coast Guard will meet future challenges because of our multi-mission nature, bias for action, and the incredible talent and dedication of our people. As we look to the future, I encourage each of you to be insatiably curious, to be life-long learners, to look after your shipmates, and, finally, to seize every chance to apply your leadership skills, talent, and competencies when the opportunity presents itself.

    I am incredibly proud of all our active duty members, reservists, civilians and auxiliarists. No matter how fiercely the winds of change swirl around us, our people stabilize the Service. You are America's Maritime Guardians and your country needs you now more than ever. It has been my extraordinary honor to have been your Commandant and I am excited to see where you will take the organization in the future. Fair winds.

    Sincerely,
    Admiral Thad W. Allen

    Reposted from the U.S. Coast Guard's iCommandant (http://blog.uscg.dhs.gov/) blog. Published by the U.S. Department of Homeland Security, Washington, D.C.https://blogger.googleusercontent.com/tracker/7013398738785291364-1824635971714777308?l=journal.dhs.gov
    http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?d=yIl2AUoC8zA (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=RBHzjpmLkYI:knrlY4jnSt4:yI l2AUoC8zA) http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?i=RBHzjpmLkYI:knrlY4jnSt4:V_ sGLiPBpWU (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=RBHzjpmLkYI:knrlY4jnSt4:V_ sGLiPBpWU) http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?i=RBHzjpmLkYI:knrlY4jnSt4:F7 zBnMyn0Lo (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=RBHzjpmLkYI:knrlY4jnSt4:F7 zBnMyn0Lo)
    http://feeds.feedburner.com/~r/DHS_LeadershipJournal/~4/RBHzjpmLkYI

    More... (http://feedproxy.google.com/~r/DHS_LeadershipJournal/~3/RBHzjpmLkYI/commandants-change-of-command.html)



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  • Ramba
    08-13 10:55 AM
    Hi All,

    I have a very starge situation. I have an approved I-140 based on PERM LC - EB3 -India with PD of Jan 2006.

    Before July 07, my company substituted me for LC Sub with PD of Jan 2003 and did the I-485 filing based on this pending LC Sub.
    (Guys...please dont jump on me for using LC SUB...I work for a one of the biggest tech companies with 60000 employees for 6 years and its their policy to do LC Sub for their employees..i didn't buy the LCs through consulting or some one...). I got EAD renewals, AP etc...Since my LC Sub I-140 is beyond its processing dates, my attorney filed a AILA request and got a reponse saying

    "The AILA Liaison committee member working on your case reviewed the petition with an I-140 senior officer at USCIS. It appears that the employee that had the original labor certification application adjusted his status based on the labor certification. Unfortunately, this means that the labor cert and priority date cannot be used for your green card application."

    But, they also mentioned that "Your AOS that is pending will continue to be active based on your own approved I-140. This was verified by CIS in their response to our inquiry"

    Question 1: My attorney said its an unofficial USCIS/AILA determination. Howmuch to rely on this AILA/USCIS unofficial determination? Because, Still, USCIS case status shows my I-140 is pending. Should i wait until the decision comes on my case?

    Question 2: My understanding is that, if the LC is already used, then my LC Sub I-140 will be denied... if the I-140 is denied then the I-485 will also be denied..is it correct?

    Question 3: If my above understanding is correct, then how will my AOS will continue to be active based on my original I-140 if my AOS was files uding pending LC Sub-I140? Is it true or they lawyer is giving me a fake answer? I thought you can only change underlying I-140, only if the new I-140s dates are current..in my case Jan 2006 date is not current.....

    Please give me your thoughts...I would really appreciate your help...

    Whatever response you got from the AILa may be true. If the first employee got GC through that LC (by AC21), you cannot get second one and even you can not port the PD. In nutshell, one LC cannot produce two 140 or 2 GC. You may be lucky, instead of denying your 485, the uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006. Dont rely on web case status check.




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  • bestia
    07-16 10:30 PM
    Argument:
    Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?

    If they will incorrectly approve I-485 they CAN and WILL revoke it and they have done that. I personally know people who got their GCs revoked because of USCIS mistakes (not EB though), although they didn't get in much trouble. I don't remember the web-site where I read the story. The person had his 485 approved while he wasn't current. The lawyer suggested to inform USCIS about mistaken approval, USCIS revoked the GC and when the person became current they approved his 485 again.



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  • coopheal
    12-01 07:20 PM
    Contributed $100 for Dec.
    Transaction ID: 8P72***********




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  • rajuram
    04-04 07:55 PM
    here is the correct link:

    http://www.goinglobal.com/countries/India/india_visa.asp



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  • masti_Gai
    11-16 01:34 PM
    Yep u need the original I H1 petition from the company for which u r working rite now. For the rest just a copy would suffice. The I-94 which is a part of ur H1 petition form Company C is very much required. You need to return that while u go out of US.
    When you enter US anyways u will get another one.

    Have a nice vacatioin:D




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  • gbof
    05-10 09:32 AM
    VB will come today.

    I am going to ask my lawyer why it is late. It is is generally on Fridays in the first week on the month.

    We should hope for a good VB as it is delayed. If it was copy paste, it would have come out sooner.

    What do you say?

    Ya, Get a paid consultation....
    It needs to be out before the end of 2nd week of every month



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  • regacct
    09-07 08:34 AM
    Hello,
    Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
    What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
    Thanks.

    Do you have a valid AP?
    If not, how is it possible to enter the country?




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  • gcdeena
    04-29 06:36 PM
    Obama takes immigration reform off agenda

    Obama takes immigration reform off agenda - Yahoo! News (http://news.yahoo.com/s/ap/20100429/ap_on_go_pr_wh/us_immigration_politics_3)

    BUMMER :-(

    WASHINGTON � Immigration reform has become the first of President Barack Obama's major priorities dropped from the agenda of an election-year Congress facing voter disillusionment. Sounding the death knell was Obama himself.

    The president noted that lawmakers may lack the "appetite" to take on immigration while many of them are up for re-election and while another big legislative issue � climate change � is already on their plate.

    "I don't want us to do something just for the sake of politics that doesn't solve the problem," Obama told reporters Wednesday night aboard Air Force One.

    Immigration reform was an issue Obama promised Latino groups that he would take up in his first year in office. But several hard realities � a tanked economy, a crowded agenda, election-year politics and lack of political will � led to so much foot-dragging in Congress that, ultimately, Obama decided to set the issue aside.

    With that move, the president calculated that an immigration bill would not prove as costly to his party two years from now, when he seeks re-election, than it would today, even though some immigration reformers warned that a delay could so discourage Democratic-leaning Latino voters that they would stay home from the polls in November.

    Some Democrats thought pushing a bill through now might help their party. If it failed, they could blame Republican resistance, though in reality many Democrats didn't want to deal with an immigration bill this year either.

    Perhaps seeing the handwriting on the wall, top Senate Democrats released a legislative framework for immigration reforms anyway. The draft proposal, obtained by The Associated Press on Tuesday, called for, among other things, meeting border security benchmarks before anyone in the country illegally can become a legal permanent U.S. resident.

    By Wednesday, House Speaker Nancy Pelosi offered little hope that the issue was still alive on Capitol Hill.

    "If there is going to be any movement in this regard, it will require presidential leadership, as well as an appetite, is that the word? ... as well as a willingness to move forward in the Congress," she said.

    House Republican leader John Boehner was more blunt. "There is not a chance that immigration is going to move through the Congress," he said Tuesday.

    Rep. Luis Gutierrez, the Democrats' leading advocate for immigration reform, has said he voted for health care reform on the understanding that Obama and congressional Democrats would move a major immigration bill.

    Even though he would like to see Latinos turn out to vote for Democrats in 2010, Gutierrez said "many will probably decide to stay home." However, he added, a strict, new immigration law in Arizona may change that dynamic. The law requires law enforcement officers to question anyone they suspect is in the country illegally.

    "On one hand you are not going to vote because you don't believe people you voted for are doing a good enough job," Gutierrez said. "Then you say, 'I got to vote, because the enemy is so mean and vindictive, I got to get out there.'"



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  • eb3India
    11-30 11:44 AM
    Hi,

    I am new to Indiana, letz join here to discuss and promote IV in Indiana area, I am currently in Indianapolis, please post if you are in Indiana state and interested in IV




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  • LostInGCProcess
    11-12 01:58 PM
    Thank You for the information. But
    1) I have heard from someone that there is a statement on their website that the transit visa is required only if the stay is more than 10/20 hours.
    2) Where do they check for the transit visa? is it done while boarding into the airport in US or while entering into the German airport? If they find that we don't have a transit visa in Frankfurt airport, what would they do?

    Please answer to my questions, this is really needed for me to act on getting the transit visa.

    If you can type a question in this forum, then, I guess, you could also do the research by yourself and let us all know about it. If you heard from 'someone', please ask him/her to send you the link and post it here. Thanks.

    Most nations do not require a transit visa as long as you are remained in the Airport and changing planes to your destination. If you decide to take a break for few days, then you need a Transit visa, which you can either get prior to your travel by contacting the respective consulates or Embassies or at the transit airport.



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  • akmypoints
    11-04 01:26 PM
    Hi Experts,

    Need inputs on following scenarios.

    I have approved I-140 with Company A. I am on H1 currently, 7th year. My extension is due on April 2011.

    Scenario 1: If H1 extension gets denied, can I move to H4 (my wife is on h1) and then search for a job and convert from H4 to H1 using approved I-140 from company A?

    Scenario 2: If I move to Company B, and do not start GC there, after 3 years, can I get 3 years extension based on approved I-140 from company A?

    Scenario 3: If I move to Company B, after some time, can I move to company C using I-140 from company A?

    Given the uncertainty of h1 approvals these days, please suggest favorable scenarios in the cases above.

    Thanks




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  • raysaikat
    07-13 01:27 AM
    Hi

    My wife is on H4 and is planning to convert to F1 before joining graduate school to get scholarship. At same time my PERM is filed and once approved i was planning to use cross chargebility to file under my wife country of birth quota (UAE). i wanted to know following

    a) if she applied for conversion for F1 today, can she get scholarship before she gets ssn or she has to wait till she gets ssn


    The school cannot pay her stipend unless she has SSN. They might still be able to waive tuition, though.


    B) If during her F1 processing time or grauate studies on F1, if my PERM gets approved, can i file for I-140 and I485 using cross chargebility with her being on F1 or i would have to wait for her to conert to H4? If there any risk to our green card processing


    You can file I-140/I-485 while your wife is in F1. There is no risk to the green card processing. However, applying I-485 for her might end her F1 and put her into AOS (you need to ask lawyers for this; it is a bit unclear and I have seen contradictory responses).



    C)If she continues on H4 visa, can she still get scholarship?


    If the scholarship requires her to "work" (for example, being a teaching assistant or research assistant), then most probably no since persons with H4 are not allowed to "work". However, if the scholarship requires no "work", then she may be able to do so while being on H4.

    I think the test is if she has to pay taxes for the scholarship money. If yes, then she cannot do so on H4, otherwise she may be able to do it.



    if not once she graduates would she be in special US master degree quota for H1B?

    Any help on these would be great

    Thanks

    Once she gets a master's from a US university, regardless of her status while she was in the university, after graduation she will be eligible for special H1-B quota (if it still existed that time).



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  • snathan
    08-16 11:56 AM
    Hi,

    I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.

    Thanks.

    Yes...When you go for stamping H1...other visas will be cancelled.




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  • checklaw
    07-19 11:30 AM
    CIS AFM (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2)

    Thanks very informative.




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  • americandesi
    09-06 02:38 PM
    1) Allowing filing of EAD only 120 days before its expiry when the processing times by itself is >120 days

    2) Issuing a FAQ on interim EAD in 2008 when the process itself was eliminated in 2006.

    3) Issuing separate biometrics notices for EAD and I-485 for the same beneficiary.

    4) Allowing the beneficiary to work on H1 receipt notice but not on EAD receipt notice.

    5) Running multiple background checks for the same beneficiary for different immigration benefits (I-140, EAD, AP, I-485)

    6) Issuing RFE for EAD biometrics even after completing biometrics.

    7) Issuing RFE for EAD biometrics without issuing biometrics notice.

    8) Issuing EAD/AP’s with incorrect name, sex, DOB, photograph and validity dates thereby preventing the beneficiary from working/traveling without any alternative until the correction is made.

    9) Requesting an EAD expedite letter even after 90 days in spite of the obligation to approve EAD within 90 days.

    10) Requesting a wait time of 30 days to act on EAD expedite request even after 90 days thereby making the total wait time to 120 days (90 days +30 days) which by the way equals the time allowed to file EAD before its expiry.

    11) CSR’s providing conflicting answers to the same question.

    12) Backward movement of processing times instead of forward movement.

    13) Blindly approving petitions on raising mandamus law suits without providing a reason for the delay.

    14) Not sending the EAD physical cards on time even after the change in online status to CPO.

    15) IO’s at POE interpreting the usage of AP in different ways.

    16) Denying non-immigrant petitions like H1 on flimsy grounds such as not having a direct client and approving I-140 immigrant petition for the same beneficiary/employer.

    17) Issuing EAD/AP combined document and then issuing a memo that it’s invalid for travel.

    18) Allowing the beneficiary to work without employment authorization for 180 days (Section 245(k)) but going after the employer for engaging in such unauthorized employment.

    19) Requesting the EAD beneficiary to take an infopass appointment after 90 days without providing a provision to book an appointment when no slots are available.

    20) Last but not the least, wasted visa numbers and growing backlog with increased fees.

    Sounds like our desi babus are better than these potato heads. God Bless America.




    hpandey
    11-05 12:23 PM
    If she gets her H1 visa stamped while returning and then uses that to re-enter the country then even if the I-485 gets rejected then she can continue on her H1 visa and will not be Out of Status. That is a good strategy to maintain status with pending I-485.




    smmakani
    04-11 07:19 PM
    I think you need to apply for a labour certification a year before a completion of 6 year of H1 period for 7th year extension but in perm you get labour certified within 2 months. Even if you start now you can get your labour and I140 (in premium processing) done before DEC. After then you can leave back to home country and still continue the process as future emplyoment.

    I don't know if you become eligible for 7th year extension.



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