aadimanav
01-03 12:56 AM
Part 2 continued....
USCIS delays have become so excessive in this arena that many foreign nationals have sought relief in federal court. The Administrative Procedure Act of 1946 (APA), which governs federal agency actions and decisions, requires that an agency resolve a matter presented to it within a "reasonable" time frame. See 8 U.S.C. 555(b). Using the APA, foreign nationals have argued that waiting for two or more years for a decision on an immigration application is "unreasonable" under the statute. The cases are divided, but a majority of courts have agreed that making a foreign national wait years and years just for a decision on his or her application is unreasonable. As a result, many judges have ordered the FBI and USCIS to complete pending name check cases within 60 or 90 days where a foreign national has been waiting for two or more years. Some judges have noted that security concerns are not to be taken lightly, but this only reinforces the fact that such issues should be resolved in a matter of weeks as opposed to years.
The success or failure of litigation in this arena ultimately turns on the court's reading of a jurisdiction-stripping provision embedded in the Immigration and Nationality Act (INA), as amended by the Real ID Act of 2005. The INA precludes judicial review of any "decision or action" of the USCIS that is "specified [under INA] to be in the discretion" of the USCIS. See 8 U.S.C. 1252(a)(2)(B)(ii). In defending challenges to delayed applications, the U.S. Attorney's office has argued that the adjudication of a green card application, including the pace of adjudication, is committed to the sole discretion of the USCIS, because the INA specifies that a decision to approve or deny a green card application is within the discretion of the USCIS. See 8 U.S.C. 1255(a).
None of the circuit courts have ruled on this issue, but the relationship between USCIS delay and the role of the judiciary has become a "national judicial debate" at the district court level. See Saleem v. Keisler , 2007 U.S. Dist. LEXIS 80044 (W.D. Wis. Oct. 26, 2007). Some courts have bought the government's argument, holding that a discretionary "action" includes every interim action taken along the way leading up to an ultimate decision on an application. See Safadi v. Howard , 466 F.Supp. 2d 696, 699 (E.D. Vir. 2006). Under this theory, a stalled name check is simply action along the way to a final decision. The majority of courts have rejected this reading of the statute, holding that USCIS' discretion only applies to the ultimate decision on an application, not the pace of its adjudication. As one court stated, "it would require Orwellian twisting of the word ["action"] to conclude that it means a failure to adjudicate." Saleem v. Keisler, supra. Similarly, U.S. District Judge Stewart Dalzell recognized that the INA grants discretion to the USCIS to grant or deny a green card application, but "national security does not require that it also have absolute discretion to delay such an application to Dickensian lengths." Cao v. Upchurch , 496 F.Supp. 2d 569, 574 (E.D. Pa 2007). Put simply, "there is a difference between the [USCIS'] discretion over how to resolve an application and the [USCIS'] discretion over whether it resolves an application." Singh v. Still , 470 F. Supp. 2d 1064, 1068 (N.D. Cal. 2007).
The U.S. Attorney's office has also argued that the USCIS is not required to make a decision on green card or naturalization applications since the INA does not specify a time frame for the agency's decision. See Assadzadeh v. Mueller , 2007 U.S. Dist. LEXIS 80915 (E.D. Pa. Oct. 31, 2007). The government's argument is based on Norton v. So. Utah Wilderness Alliance , 542 U.S. 55 (2004), where the U.S. Supreme Court held that a plaintiff can succeed in compelling an agency to act under the APA if and only if the action sought to be compelled is a "discrete action" that the agency is "legally required" to take. Under the government's theory, the USCIS cannot be compelled to act where its organic statute fails to require it to make a decision. But, under Norton , an agency's regulation with the force of law can create a legal duty. Arguably, the USCIS is legally required to act on applications presented to it, as its own regulations provide that it inform applicants of its decisions. See 8 C.F.R. 245.2(a)(5)(i) (green card applications); 8 C.F.R. 316.14(b)(1) (naturalization applications). Most judges in the Eastern District of Pennsylvania appear to accept this argument. For example, in Kaplan v. Chertoff , 481 F. Supp. 2d 370, 399 (E.D. Pa. 2007), Judge Eduardo Robreno held that the USCIS has a duty to adjudicate green card and naturalization applications, based, in part, on the agency's own regulations.
Once a court determines that its jurisdiction is not stripped under the INA, it usually faces little difficulty finding a cause of action under the APA. Of course, determining whether an agency has acted unreasonably is a fact-intensive inquiry, but the government's position does not look promising where the USCIS has failed to perform three distinct background checks for two or more years without any indication of special circumstances. See, e.g., Saleem v. Keisler, supra . The government has argued that flagging agency resources are to blame, but many courts find little sympathy for such posturing. In addressing the issue of agency resources, one court stated that the USCIS should take its complaints up with Congress. See Liang v. Attorney General , 07-cv-2349-CW (N.D. Cal. Oct. 30, 2007). "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." Id . Even factoring in flagging appropriations, the court held that a two-and-a-half-year delay is unreasonable as a matter of law. Id .
With more than 340,000 cases in the name check backlog, it is not clear when some foreign nationals will ever have their cases resolved at the agency level. At least with the advantageous decisions handed down from the federal district courts, foreign nationals have the hope of going into court to request an expeditious resolution to their name checks. In the majority of situations, it appears that litigation is the only option, but at least an option exists.
Please email the author at gforney@wolfblock.com with questions about this article.
USCIS delays have become so excessive in this arena that many foreign nationals have sought relief in federal court. The Administrative Procedure Act of 1946 (APA), which governs federal agency actions and decisions, requires that an agency resolve a matter presented to it within a "reasonable" time frame. See 8 U.S.C. 555(b). Using the APA, foreign nationals have argued that waiting for two or more years for a decision on an immigration application is "unreasonable" under the statute. The cases are divided, but a majority of courts have agreed that making a foreign national wait years and years just for a decision on his or her application is unreasonable. As a result, many judges have ordered the FBI and USCIS to complete pending name check cases within 60 or 90 days where a foreign national has been waiting for two or more years. Some judges have noted that security concerns are not to be taken lightly, but this only reinforces the fact that such issues should be resolved in a matter of weeks as opposed to years.
The success or failure of litigation in this arena ultimately turns on the court's reading of a jurisdiction-stripping provision embedded in the Immigration and Nationality Act (INA), as amended by the Real ID Act of 2005. The INA precludes judicial review of any "decision or action" of the USCIS that is "specified [under INA] to be in the discretion" of the USCIS. See 8 U.S.C. 1252(a)(2)(B)(ii). In defending challenges to delayed applications, the U.S. Attorney's office has argued that the adjudication of a green card application, including the pace of adjudication, is committed to the sole discretion of the USCIS, because the INA specifies that a decision to approve or deny a green card application is within the discretion of the USCIS. See 8 U.S.C. 1255(a).
None of the circuit courts have ruled on this issue, but the relationship between USCIS delay and the role of the judiciary has become a "national judicial debate" at the district court level. See Saleem v. Keisler , 2007 U.S. Dist. LEXIS 80044 (W.D. Wis. Oct. 26, 2007). Some courts have bought the government's argument, holding that a discretionary "action" includes every interim action taken along the way leading up to an ultimate decision on an application. See Safadi v. Howard , 466 F.Supp. 2d 696, 699 (E.D. Vir. 2006). Under this theory, a stalled name check is simply action along the way to a final decision. The majority of courts have rejected this reading of the statute, holding that USCIS' discretion only applies to the ultimate decision on an application, not the pace of its adjudication. As one court stated, "it would require Orwellian twisting of the word ["action"] to conclude that it means a failure to adjudicate." Saleem v. Keisler, supra. Similarly, U.S. District Judge Stewart Dalzell recognized that the INA grants discretion to the USCIS to grant or deny a green card application, but "national security does not require that it also have absolute discretion to delay such an application to Dickensian lengths." Cao v. Upchurch , 496 F.Supp. 2d 569, 574 (E.D. Pa 2007). Put simply, "there is a difference between the [USCIS'] discretion over how to resolve an application and the [USCIS'] discretion over whether it resolves an application." Singh v. Still , 470 F. Supp. 2d 1064, 1068 (N.D. Cal. 2007).
The U.S. Attorney's office has also argued that the USCIS is not required to make a decision on green card or naturalization applications since the INA does not specify a time frame for the agency's decision. See Assadzadeh v. Mueller , 2007 U.S. Dist. LEXIS 80915 (E.D. Pa. Oct. 31, 2007). The government's argument is based on Norton v. So. Utah Wilderness Alliance , 542 U.S. 55 (2004), where the U.S. Supreme Court held that a plaintiff can succeed in compelling an agency to act under the APA if and only if the action sought to be compelled is a "discrete action" that the agency is "legally required" to take. Under the government's theory, the USCIS cannot be compelled to act where its organic statute fails to require it to make a decision. But, under Norton , an agency's regulation with the force of law can create a legal duty. Arguably, the USCIS is legally required to act on applications presented to it, as its own regulations provide that it inform applicants of its decisions. See 8 C.F.R. 245.2(a)(5)(i) (green card applications); 8 C.F.R. 316.14(b)(1) (naturalization applications). Most judges in the Eastern District of Pennsylvania appear to accept this argument. For example, in Kaplan v. Chertoff , 481 F. Supp. 2d 370, 399 (E.D. Pa. 2007), Judge Eduardo Robreno held that the USCIS has a duty to adjudicate green card and naturalization applications, based, in part, on the agency's own regulations.
Once a court determines that its jurisdiction is not stripped under the INA, it usually faces little difficulty finding a cause of action under the APA. Of course, determining whether an agency has acted unreasonably is a fact-intensive inquiry, but the government's position does not look promising where the USCIS has failed to perform three distinct background checks for two or more years without any indication of special circumstances. See, e.g., Saleem v. Keisler, supra . The government has argued that flagging agency resources are to blame, but many courts find little sympathy for such posturing. In addressing the issue of agency resources, one court stated that the USCIS should take its complaints up with Congress. See Liang v. Attorney General , 07-cv-2349-CW (N.D. Cal. Oct. 30, 2007). "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." Id . Even factoring in flagging appropriations, the court held that a two-and-a-half-year delay is unreasonable as a matter of law. Id .
With more than 340,000 cases in the name check backlog, it is not clear when some foreign nationals will ever have their cases resolved at the agency level. At least with the advantageous decisions handed down from the federal district courts, foreign nationals have the hope of going into court to request an expeditious resolution to their name checks. In the majority of situations, it appears that litigation is the only option, but at least an option exists.
Please email the author at gforney@wolfblock.com with questions about this article.
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parvezmusani
08-16 06:08 PM
My case is at the local USCIS service center. I opened an SR on Aug 12 and got an email response encouraging me to apply for an Infopass appointment: "We have determined that your case would have a better result if you make an appointment to visit your local office, so you may speak with an Immigration Services Officer about your case."
I now have an Infopass booked. Let's see what happens. My case is pre-adjudicated since we had an interview two years ago.
Should it go any further this way, can anyone please explain the process of Ombudsman / Congressman / Senator et al?
Thanks in advance.
:confused:
For senator and congres(wo)man it is really simple call your local senator or congres(wo)man or got to their website and fill out a privacy form and send it to the person handling immigration service at their office. As a part of that form explain them your situation and what you want their office to do for you. They will promptly follow up with USCIS on your behalf and will provide you with regular update as and when they get it from USCIS. You can easily find your local senator or congres(wo)man on google search.
I now have an Infopass booked. Let's see what happens. My case is pre-adjudicated since we had an interview two years ago.
Should it go any further this way, can anyone please explain the process of Ombudsman / Congressman / Senator et al?
Thanks in advance.
:confused:
For senator and congres(wo)man it is really simple call your local senator or congres(wo)man or got to their website and fill out a privacy form and send it to the person handling immigration service at their office. As a part of that form explain them your situation and what you want their office to do for you. They will promptly follow up with USCIS on your behalf and will provide you with regular update as and when they get it from USCIS. You can easily find your local senator or congres(wo)man on google search.
engineer
10-03 03:30 PM
IV should propose a Premium Processing for FBI Namecheck/ Other Background checks. For certain extra fee UCIS/ FBI can do this on premium bases.
what you all think ?
what you all think ?
2011 hair of summerfest 2011 logo.
ocpmachine
04-05 04:01 PM
Is that mean they are going to move the PDs much further and again move back during the end of the year!!
So isn't this implying that the PDs will advance very very further than the available visa numbers!!!!!!!!!!
.
The way i read that statement is that DOS is being cautious and don't want to move the dates way ahead at one go, dates will move by some degree in May and then bulletin will have projected dates for future months, this way if DOS sees demand from porting in Sept, it may not move EB2 dates at all...My 2C.
So isn't this implying that the PDs will advance very very further than the available visa numbers!!!!!!!!!!
.
The way i read that statement is that DOS is being cautious and don't want to move the dates way ahead at one go, dates will move by some degree in May and then bulletin will have projected dates for future months, this way if DOS sees demand from porting in Sept, it may not move EB2 dates at all...My 2C.
more...
noman
01-08 01:07 PM
I have just mailed my letters, hand written! thanks for your help and support. Lots of prayers for IV.
ilwaiting
07-01 11:12 AM
Why is this a risk? We are doing what we are supposed to do. Send packages based on our dates being current. If USCIS/DOS screws the dates we slap them with a law suit.
After such mad rush and bad news about visa bulletin revision? How many are considering to file on July 2nd and July 3rd? What is the general advice regarding filing from lawyers and oneself about sending documents on July 2nd and July 3rd?
My lawyer is sending through FedEx - overnight delivery - going there on July 3rd. My worry - Is it a huge risk on my part? What happens if Monday morning it is revised, or worst Tuesday it is revised?
How many are risking on this??
After such mad rush and bad news about visa bulletin revision? How many are considering to file on July 2nd and July 3rd? What is the general advice regarding filing from lawyers and oneself about sending documents on July 2nd and July 3rd?
My lawyer is sending through FedEx - overnight delivery - going there on July 3rd. My worry - Is it a huge risk on my part? What happens if Monday morning it is revised, or worst Tuesday it is revised?
How many are risking on this??
more...
mzafar125
05-09 11:05 AM
Folks,
I would like to run a questions by you guys/gals. I am getting ready to file my I-485 application. My lawyer requested that I find all copies of my I-20, OPT EAD, H1-B's etc. My question is do we have to submit copies of I-20, and OPT EAD for the Adjustment of status (I-485) stage ? Please let me know what you think ?
I-20 is from a university that accept students in the US. The F1 student visa is issued based on the I-20.
OPT EAD - Is one year of practical training that is allowed after graduation
I would like to run a questions by you guys/gals. I am getting ready to file my I-485 application. My lawyer requested that I find all copies of my I-20, OPT EAD, H1-B's etc. My question is do we have to submit copies of I-20, and OPT EAD for the Adjustment of status (I-485) stage ? Please let me know what you think ?
I-20 is from a university that accept students in the US. The F1 student visa is issued based on the I-20.
OPT EAD - Is one year of practical training that is allowed after graduation
2010 Summerfest 2011 completes
srgadi
09-25 02:57 PM
I have had couple of LUDs on my cases (9/10 and 9/13) and nothing after that. The last time I gave my fingerprints were in Jan 2009, so I am sure they have expired. Should I proactively get the biometrics done (by taking an infopass and requesting biometrics notice) or wait for them to send me the notice?
Not sure if this will help if I open up an SR or take an infopass. Anyone got their 485 approved while their biometrics were expired?
My lawyer received a letter from USCIS asking for verification of employment and whether the position is still available and being offered to me. Once they respond, hopefully the approval will come through.
Not sure if this will help if I open up an SR or take an infopass. Anyone got their 485 approved while their biometrics were expired?
My lawyer received a letter from USCIS asking for verification of employment and whether the position is still available and being offered to me. Once they respond, hopefully the approval will come through.
more...
coopheal
08-07 10:55 AM
Many of us are prone to extreme selfishness. You could be a numberusa guy or really frustrated EB applicant.
Do some meditation for � hour of so. May be sanity will return to you.
Here are the list of divisions we have
Row vs Non Row
Eb2 Vs Eb3
EB2NIW Vs Eb2
US Master vs Non US Masters
RIR vs Non RIR
Nurse vs others
etc etce...
Do some meditation for � hour of so. May be sanity will return to you.
Here are the list of divisions we have
Row vs Non Row
Eb2 Vs Eb3
EB2NIW Vs Eb2
US Master vs Non US Masters
RIR vs Non RIR
Nurse vs others
etc etce...
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acecupid
08-21 12:17 PM
Hi guys,
Sorry, I bit the bait and got off track. Let us focus on the issue again. Let us agree on a time line and act accordingly.
I would say, this week we work on drafting the letter (I took a shot at it, available @ page 2). Having 2 or 3 differently worded letter would probably be nice, but not necessarily.
Next week we start mailing the letters. We have about 500 responses in the poll for EB3, so if we can get most of them to send the mail (email/fax whatever), it should be a start.
We probably should start drafting a mail for our representatives/senators too, so that they too can follow up with USCIS.
We will face a lot of opposition, ridicule and nasty posts, but we should persevere if we want to get our GCs any time soon.
I agree we should focus on the task. There are lot of people trying to mislead and take the discussion off track. I will draft my own letter and send it this weekend. Its better if everyone writes there own letter. EB3 guys wake up and do something.
Sorry, I bit the bait and got off track. Let us focus on the issue again. Let us agree on a time line and act accordingly.
I would say, this week we work on drafting the letter (I took a shot at it, available @ page 2). Having 2 or 3 differently worded letter would probably be nice, but not necessarily.
Next week we start mailing the letters. We have about 500 responses in the poll for EB3, so if we can get most of them to send the mail (email/fax whatever), it should be a start.
We probably should start drafting a mail for our representatives/senators too, so that they too can follow up with USCIS.
We will face a lot of opposition, ridicule and nasty posts, but we should persevere if we want to get our GCs any time soon.
I agree we should focus on the task. There are lot of people trying to mislead and take the discussion off track. I will draft my own letter and send it this weekend. Its better if everyone writes there own letter. EB3 guys wake up and do something.
more...
my2cents
09-15 10:30 AM
Called half of them..
Meanwhile new updates from opponents
Not sure how true is that
http://www.numbersusa.com/content/nusablog/beckr/september-15-2008/massive-foreign-worker-increase-back-ali.html
Meanwhile new updates from opponents
Not sure how true is that
http://www.numbersusa.com/content/nusablog/beckr/september-15-2008/massive-foreign-worker-increase-back-ali.html
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shahuja
02-06 09:01 PM
hello casinoroyal, singhv, stuckhere, bepositive..EVERYBODY..need help..
this is the email came from my lawyer today..for the inquiry they did with the consulate regarding my visa.
Hi Shweta,
We understand how frustrating this is for you. We received a response to our inquiry with the consulate. It seems the application is being kept pending for additional administrative processing. The stated reason for the review falls within the law under Section 221(g) of the Immigration and Nationality Act. Under these circumstances, we typically see that the government issues a notice to the applicant wherein additional information is often requested. Kindly advise if you have received any notification from the consulate on this issue.
Best regards,
IS ADMIN PROC DIFFERENT FROM ADD ADMIN PROC ???
also the same day i called DOS and they told me case was approved already in jan..so that means that now more processing needs to be done ??
ADVICE ??
this is the email came from my lawyer today..for the inquiry they did with the consulate regarding my visa.
Hi Shweta,
We understand how frustrating this is for you. We received a response to our inquiry with the consulate. It seems the application is being kept pending for additional administrative processing. The stated reason for the review falls within the law under Section 221(g) of the Immigration and Nationality Act. Under these circumstances, we typically see that the government issues a notice to the applicant wherein additional information is often requested. Kindly advise if you have received any notification from the consulate on this issue.
Best regards,
IS ADMIN PROC DIFFERENT FROM ADD ADMIN PROC ???
also the same day i called DOS and they told me case was approved already in jan..so that means that now more processing needs to be done ??
ADVICE ??
more...
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jonty_11
06-29 05:27 PM
If AILA is telling that means there is 50% chance of rumors becoming true. If the rumors are true then State Dept and USCIS mismanaged visa numbers. Anyhow wait and see couple of days
what stats do u have to support the 50% number??
what stats do u have to support the 50% number??
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royus77
06-29 09:00 PM
On another front, if this actually does happen, I will be the first person to sue USCIS for all the expenses, lost time and headaches that I incurred in preparing the 485 application...I think USCIS can't get away without reimbursing everyone for all of the above...
I like this part ...
I like this part ...
more...
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alterego
01-25 01:36 AM
There are a few praises about Jet Airways in previous posts.
Let me set the record straight. They have miles to go before they start claiming themselves as "world class" international airline.
I was on vacation past 2.5 weeks to India and here is my experience.
Regarding Jet Airways poor customer service:
On return, my Jet Airways flight from Rajkot (Gujarat) to Mumbai was delayed by 2 hours. Its only a 55 minute flight from Rajkot to Mumbai. Because of this, my connection of Delta airlines from Mumbai to New York was missed. Delta gave me a seat on plane the next day. Same flight - but a day after. So now, I was stuck in Mumbai, with huge luggage for 24 hours. I asked Delta for Hotel accomodation. They said, its not their fault and its Jet Airways fault and I should ask them for Hotel.
I went to Jet Airways customer service in Mumbai airport. They said that they cant find a single room in Mumbai due to some exhibition/conference going on at the time. A major international airline, shooting for stars, cant find a Hotel room in a city as big as Mumbai. Frustrated, I went to a government agency office (IATA I think) and they said that they dont have anything nearby, but can arrange something 30 kilometers away, and it was a sub-standard hotel and room. I paid out of my own pocket and stayed there a night. It was Rs 2000 (about $50) for this hotel plus taxi.
The next day, before boarding Delta flight, I went to Jet Airways office again and told them that I found a hotel room on my own and see if they can re-imburse me for the hotel expenses. If they had paid themselves in Hyatt or Grand Meridian outside airport, it would have been more anyways. The manager of Jet Airways said that they cannot do it and I should scan the reciepts and my boarding pass and email customersupport at jetairways.
An hour before this happened, the office didnt even have anyone in charge in office (at about 7:00 PM). The agent said, the manager isnt here. I asked, "who's in charge", and she said "No one is in charge right now, you have to come back at 8:00 when manager comes in".
What I am saying is, Jet Airways has miles to go before it can take pride. Just starting flights to Newark, Chicago doesnt make it a great airline. Neither does good food. Treat customers well, and atleast do a better job than government offices when it comes to locating hotel rooms for stranded passengers who are stranded due to their fault.
Mumbai Airport security harrassment :
My flight was just past midnight and I checked out of hotel at noon. (I had to). With 12 hours and nothing to do, I headed to Mumbai airport. At the airport, they dont let you inside the building unless you are a passenger. The security guard at the door said that I need to come back at 9:00 PM and I cant go into the airport right now as my flight is at night. I told him that I am not coming to airport to enjoy the lounge and I am stranded due to missed airline connection. He didnt listen. I was sitting outside the building until about 8:00 PM with all luggage.
Now I understand that security is important, but what's the point in stopping someone and letting them inside only 4 hours prior. Because if there is a nefarious person planning something bad, what can he/she do in 10 hours that he/she cant do in 4 hours. How does it enhance security by limiting the presence of passengers inside airport? Well, you cant argue with knuckleheads.
Inside airport, I ran into a German lady and a guy from Netherlands and both of them were in the airport since the afternoon. They said they argued and they were let in. Basically, the Indian security forces at the airport wont argue with Europeans and will let them inside the airport but will go extra lengths to harrass people that they are comfortable harrassing - their own people.
So we can ignore London airport. Fine. Are we also going to ignore Mumbai airport now?
The best way to avoid harrassment is to stand up and fight it. Because avoiding this airport and that airline is not going to cut it.
Interesting to read all these experiences.
Let me share mine in Mumbai, although it was a couple of years ago.
I was born in India but have a foreign passport. When you are leaving the country they have an officer interview you. I am not sure why, but it is quite unusual, kind of like an exit interview I guess. I have not seen that anywhere else.
Anyway the guy asked all sorts of detailed questions, and then finally asked me how much Rupees cash I have with me. I told him I'm not exactly sure, but about 1000Rs(about 20 dollars at that time). He told me the limit was 800Rs for foreigners leaving India and told me it was illegal to take Indian Rupees out of the country and asked me to take out my wallet and count it, when I counted it, it turned out I had 1400 Rs in my wallet. Then he became quite irate and condescending and asked me what I do for a living, I told him I am a doctor, then he went on insulting me, asking whether I would say that a patients temperature was 104 if it was 101! I told him that is not relevant here. He got angrier and told me he will have to confiscate that money. I told him 1400 Rs is not that much money and I could spend it in the departure lounge before I left. He was livid. He asked me to hand over the Indian currency. I was not quite sure what to do, but I sure as hell knew I did not want this scumbag to have that money. So I turned around and gave the balance above 800Rs to another passenger in line next to me and said take it as a gift from a stranger. That pushed him over the edge, he started yelling in Hindi. I told him I do not speak Hindi, that seemed to upset him even more. By this time other passengers were aware of what was going on as well and were objecting as well. He was fuming and walked away from his desk yelling and shouting in Hindi and his supervisor came to take over. He asked what the issue was and I explained it to him. He waved me by and moved on to the next passenger.
Later that passenger, came up to me in the departure lounge and returned the money I gave her. We started chatting, and I asked her to join me in the restaurant as our flight was 3 hrs away so we went to the restaurant and spent it all in the departure lounge on a meal and a couple of drinks and the tip.
They need to improve things and get rid of these morons in those airports. Perhaps they need to pay them realistic salaries and then make them more accountable. They don't realize it and perhaps care even less, but they represent India's image and brand every day in the eyes of visitors and travellers alike.
Let me set the record straight. They have miles to go before they start claiming themselves as "world class" international airline.
I was on vacation past 2.5 weeks to India and here is my experience.
Regarding Jet Airways poor customer service:
On return, my Jet Airways flight from Rajkot (Gujarat) to Mumbai was delayed by 2 hours. Its only a 55 minute flight from Rajkot to Mumbai. Because of this, my connection of Delta airlines from Mumbai to New York was missed. Delta gave me a seat on plane the next day. Same flight - but a day after. So now, I was stuck in Mumbai, with huge luggage for 24 hours. I asked Delta for Hotel accomodation. They said, its not their fault and its Jet Airways fault and I should ask them for Hotel.
I went to Jet Airways customer service in Mumbai airport. They said that they cant find a single room in Mumbai due to some exhibition/conference going on at the time. A major international airline, shooting for stars, cant find a Hotel room in a city as big as Mumbai. Frustrated, I went to a government agency office (IATA I think) and they said that they dont have anything nearby, but can arrange something 30 kilometers away, and it was a sub-standard hotel and room. I paid out of my own pocket and stayed there a night. It was Rs 2000 (about $50) for this hotel plus taxi.
The next day, before boarding Delta flight, I went to Jet Airways office again and told them that I found a hotel room on my own and see if they can re-imburse me for the hotel expenses. If they had paid themselves in Hyatt or Grand Meridian outside airport, it would have been more anyways. The manager of Jet Airways said that they cannot do it and I should scan the reciepts and my boarding pass and email customersupport at jetairways.
An hour before this happened, the office didnt even have anyone in charge in office (at about 7:00 PM). The agent said, the manager isnt here. I asked, "who's in charge", and she said "No one is in charge right now, you have to come back at 8:00 when manager comes in".
What I am saying is, Jet Airways has miles to go before it can take pride. Just starting flights to Newark, Chicago doesnt make it a great airline. Neither does good food. Treat customers well, and atleast do a better job than government offices when it comes to locating hotel rooms for stranded passengers who are stranded due to their fault.
Mumbai Airport security harrassment :
My flight was just past midnight and I checked out of hotel at noon. (I had to). With 12 hours and nothing to do, I headed to Mumbai airport. At the airport, they dont let you inside the building unless you are a passenger. The security guard at the door said that I need to come back at 9:00 PM and I cant go into the airport right now as my flight is at night. I told him that I am not coming to airport to enjoy the lounge and I am stranded due to missed airline connection. He didnt listen. I was sitting outside the building until about 8:00 PM with all luggage.
Now I understand that security is important, but what's the point in stopping someone and letting them inside only 4 hours prior. Because if there is a nefarious person planning something bad, what can he/she do in 10 hours that he/she cant do in 4 hours. How does it enhance security by limiting the presence of passengers inside airport? Well, you cant argue with knuckleheads.
Inside airport, I ran into a German lady and a guy from Netherlands and both of them were in the airport since the afternoon. They said they argued and they were let in. Basically, the Indian security forces at the airport wont argue with Europeans and will let them inside the airport but will go extra lengths to harrass people that they are comfortable harrassing - their own people.
So we can ignore London airport. Fine. Are we also going to ignore Mumbai airport now?
The best way to avoid harrassment is to stand up and fight it. Because avoiding this airport and that airline is not going to cut it.
Interesting to read all these experiences.
Let me share mine in Mumbai, although it was a couple of years ago.
I was born in India but have a foreign passport. When you are leaving the country they have an officer interview you. I am not sure why, but it is quite unusual, kind of like an exit interview I guess. I have not seen that anywhere else.
Anyway the guy asked all sorts of detailed questions, and then finally asked me how much Rupees cash I have with me. I told him I'm not exactly sure, but about 1000Rs(about 20 dollars at that time). He told me the limit was 800Rs for foreigners leaving India and told me it was illegal to take Indian Rupees out of the country and asked me to take out my wallet and count it, when I counted it, it turned out I had 1400 Rs in my wallet. Then he became quite irate and condescending and asked me what I do for a living, I told him I am a doctor, then he went on insulting me, asking whether I would say that a patients temperature was 104 if it was 101! I told him that is not relevant here. He got angrier and told me he will have to confiscate that money. I told him 1400 Rs is not that much money and I could spend it in the departure lounge before I left. He was livid. He asked me to hand over the Indian currency. I was not quite sure what to do, but I sure as hell knew I did not want this scumbag to have that money. So I turned around and gave the balance above 800Rs to another passenger in line next to me and said take it as a gift from a stranger. That pushed him over the edge, he started yelling in Hindi. I told him I do not speak Hindi, that seemed to upset him even more. By this time other passengers were aware of what was going on as well and were objecting as well. He was fuming and walked away from his desk yelling and shouting in Hindi and his supervisor came to take over. He asked what the issue was and I explained it to him. He waved me by and moved on to the next passenger.
Later that passenger, came up to me in the departure lounge and returned the money I gave her. We started chatting, and I asked her to join me in the restaurant as our flight was 3 hrs away so we went to the restaurant and spent it all in the departure lounge on a meal and a couple of drinks and the tip.
They need to improve things and get rid of these morons in those airports. Perhaps they need to pay them realistic salaries and then make them more accountable. They don't realize it and perhaps care even less, but they represent India's image and brand every day in the eyes of visitors and travellers alike.
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lifestrikes
09-30 02:45 PM
@ras
Text from Lingo
Calls to mobile phones, premium and special service numbers are not included in the unlimited international destinations. US includes AK, HI, PR, USVI and calls to cellular phones.
It's better to find out what they consider as Premium and Special Service numbers.
Text from Lingo
Calls to mobile phones, premium and special service numbers are not included in the unlimited international destinations. US includes AK, HI, PR, USVI and calls to cellular phones.
It's better to find out what they consider as Premium and Special Service numbers.
more...
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vbkris77
06-18 11:57 AM
Your reasoning is weak. If the same Goldman manager wants to screw you - he won't see if it is recession or not - he will screw you - period.
What happens with ICE and goldman is an issue they sort it out. If his budget is tight - he will figure out a way.
As far as jobs are concerned - there is no gaurantee that the best and brightest is always in jobs or those who suck up always have jobs - YOU are responsible on how you choose and carve your career
I agree to all the law abiding people here... But be just a word of caution, it can bite you back.
Now a days we are seeing lot of protentionism not from laws, but from hiring managers. Most companies now taking projects that can give them local resources only (H1B/L1B/GC/EAD/USC etc. but physically prsent). Look at utilization percentage in offshore companies. So if they say, I only require GC/USC and not H1/L1, there is no way you would be able to challenge them. I can deal with things on a level playing ground and I don't have "suck it up" attitude.
This GC/USC alone job ads will be lot safe for them if you guys go on a mass scale. If they can't find a guy, most companies now a days are putting off projects and wait. So your campaign on this scale will not help H1Bs at all.
Don't think you will always get what you see.. This is a web and pulling just one string is not possible.
What happens with ICE and goldman is an issue they sort it out. If his budget is tight - he will figure out a way.
As far as jobs are concerned - there is no gaurantee that the best and brightest is always in jobs or those who suck up always have jobs - YOU are responsible on how you choose and carve your career
I agree to all the law abiding people here... But be just a word of caution, it can bite you back.
Now a days we are seeing lot of protentionism not from laws, but from hiring managers. Most companies now taking projects that can give them local resources only (H1B/L1B/GC/EAD/USC etc. but physically prsent). Look at utilization percentage in offshore companies. So if they say, I only require GC/USC and not H1/L1, there is no way you would be able to challenge them. I can deal with things on a level playing ground and I don't have "suck it up" attitude.
This GC/USC alone job ads will be lot safe for them if you guys go on a mass scale. If they can't find a guy, most companies now a days are putting off projects and wait. So your campaign on this scale will not help H1Bs at all.
Don't think you will always get what you see.. This is a web and pulling just one string is not possible.
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diptam
10-03 03:40 PM
Like 140 premium that program will be first suspended and then dumped eventually because there are resource and Process problems internally.
Unless you fix root causes - these Premium things ain't going to work.
IV should propose a Premium Processing for FBI Namecheck/ Other Background checks. For certain extra fee UCIS/ FBI can do this on premium bases.
what you all think ?
Unless you fix root causes - these Premium things ain't going to work.
IV should propose a Premium Processing for FBI Namecheck/ Other Background checks. For certain extra fee UCIS/ FBI can do this on premium bases.
what you all think ?
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punjabi
11-18 03:57 PM
Hi guys,
I sent in the four letters 2 weeks ago and this week I got a mail from TEXAS Service Center. They returned my letter in original and they also wrote a big one page letter.
I don't have it with me right now but in it, it was mentioned that "Please call us at our inquiry center if you have any inquires or you can check your status online as well as the recent processing times.
Don't know if others are also receiving the same returned mail but I wanted to let you guys know this as an FYI.
It does not seem like the letter reached the person to whom it was directed to.
I sent in the four letters 2 weeks ago and this week I got a mail from TEXAS Service Center. They returned my letter in original and they also wrote a big one page letter.
I don't have it with me right now but in it, it was mentioned that "Please call us at our inquiry center if you have any inquires or you can check your status online as well as the recent processing times.
Don't know if others are also receiving the same returned mail but I wanted to let you guys know this as an FYI.
It does not seem like the letter reached the person to whom it was directed to.
kshitijnt
07-13 02:25 PM
I am not sure about his public position about legal immigration but I think he made it difficult for immigrants (Legal and Illegal) to get driving permits in CA.
I have a CA driver license. Its not tough for legals. He only made it tough on illegals
I have a CA driver license. Its not tough for legals. He only made it tough on illegals
pappu
01-08 09:52 AM
wonder why are we not writing letters to Michael Aytes?:confused:
We are writing to the highest authority (President) and then contacting all top administrative officials who will be deciding and advising on our provisions.
We are writing to the highest authority (President) and then contacting all top administrative officials who will be deciding and advising on our provisions.
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