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  • mmj
    04-27 08:46 PM
    Look at the number of people who posted messages to this thread .... even if you say 4 times that number of people posted messages to WhiteHouse.gov it is no where close to the numbers we need .... Lets not kid ourselves - Unless there is a miracle - most of us are looking at aleast another 3-4 year wait :(

    do we have a real poll number: how many have actually send it?
    i did.
    probably many others did as well. need to know....





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  • SkilledWorker4GC
    07-08 04:58 PM
    We need to call for unity ask people to come out and support this initiative.
    We got to do somthing. Enough is enough. Think of all high skilled workers not going to work for a day what kind of impact that will have? What kind of awareness that will create? I am ready to give up one day worth of pay for this. Anyone else?

    Well, even before Indian independence, it was just a handful of population that were actively involved in the process, majority took life as it came and were afraid. In fact, there are a lot of coward stories where cowards helped the British against freedom fighters. The reason British could rule India so easily because desis are submissive and it took a long time for leaders like Mahatma Gandhi to lay a foundation and gather critical mass enought o bring about a change and the worst thing is - the only change that happened was that British govt moved out. 60 years after independence, we are still divided mentality, lack of civic sense, we claim greaatness in getting IT and BPO projects, we could not win a gold medal in Olympics nor could we make any big scientific achievement - the worst thing is we come here to US and stay divided and expect that someone will do good to us





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  • realizeit
    02-11 04:27 PM
    Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.

    In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).

    If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.

    In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.

    In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!



    Thanks for the comments. Its not my assumptions, it is the law.
    Please checkout how the spillovers between EB and FB are arrived. Here is the link
    http://www4.law.cornell.edu/uscode/uscode08/usc_sec_08_00001151----000-.html





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  • lazycis
    01-26 07:13 PM
    This type of clause is to protect employer for one year. Usually, it is not only trainig cost, it is business also.

    You can seek legal protection, complain USCIS and so on. When an employee joins contracts are for 12 months, when you work on niche technology, it will be confidentiality agreement for 2-3 years, and so on. Mostly they are goodwill agreements. If you have problem in signing for this 12 months, how would you be signing technology related agreements?

    I have seen business to business relationship broken due to employee running away from clients location. In the begining, even if formal training is not there, clients do compromize to bring to speed. Most of the consultant placements are business to business chains.

    Do you intend to break before 12 months?

    I have signed for confidentiality contracts up to 5 years, and refused to sign, when wanted not to honour contract, thereby not working for those clients.

    If possible avoid troubles otherwise, you already have several suggestions.

    That's a totally different story. It's normal to have non-compete clause and it is enforceable, but even non-compete clause will be hard to enforce if it sets unreasonable conditions (i.e. prohibits working for a client for more than 6 months). Also, if you sign a contract, it does not mean you are obligated to fulfill it. If contract violates US laws, it's null and void (i.e. you can sign a clause that you will be a slave for company's boss, but it does not mean company's boss can enforce it in court).



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  • Carlau
    01-10 10:05 PM
    I wish some group were working on getting attached in some bill a provision that lets the H-4s work. I thought we had a good chance because it is under discussion a bill similar to Bill S.2611 that would let the spouses of the Illegal workers regularized under Blue card status to also work so I assumed that a some point they were going to have a provision for the spouses of H-1Bs. I hope IV and QGA are doing something about this. If no group brings to the senators etc.'s attention that there is a part unattended regading the H-1B spouses right to work, nothing would happen. Here is what I am trying to say:

    If S.2611 is going to be discussed in the senate/house, this will allow the spouse of the Blue card status worker (previously illegal worker and now regularized) to work for any employer -while the spouse is in blue card status-, shouldn't it be mentioned in the same law in the parragraph with the H-1B and dependandts provision that that the same applies for the H-1B spouses -that they could work for any employer while the H-1B status of the spouse is valid-? The L-1 spouses can work too so why do we H-4s have to suffer? Why nobody is advocating this?

    This is the parragraph:



    "... (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status. ..."

    http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SN02611: then select "Text of legislation" and then select "2 . Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)[S.2611.ES] " (unfortunately the direct link is temporary so you need to follow these instructions to reach it)

    .2611
    Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)
    ________________________________________
    TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM
    Subtitle A--Temporary Guest Workers
    CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
    SEC. 613. AGRICULTURAL WORKERS.
    (a) Blue Card Program-
    (1) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer blue card status upon an alien who qualifies under this subsection if the Secretary determines that the alien--
    (A) has performed agricultural employment in the United States for at least 863 hours or 150 work days during the 24-month period ending on December 31, 2005;
    (B) applied for such status during the 18-month application period beginning on the first day of the seventh month that begins after the date of enactment of this Act; and
    (C) is otherwise admissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as otherwise provided under subsection (e)(2).
    (2) AUTHORIZED TRAVEL- An alien in blue card status has the right to travel abroad (including commutation from a residence abroad) in the same manner as an alien lawfully admitted for permanent residence.
    (3) AUTHORIZED EMPLOYMENT- An alien in blue card status shall be provided an `employment authorized' endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence.
    (4) TERMINATION OF BLUE CARD STATUS-
    (A) IN GENERAL- The Secretary may terminate blue card status granted under this subsection only upon a determination under this subtitle that the alien is deportable.
    (B) GROUNDS FOR TERMINATION OF BLUE CARD STATUS- ...

    (b) Rights of Aliens Granted Blue Card Status-
    (1) IN GENERAL- Except as otherwise provided under this subsection, an alien in blue card status shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
    (A) IN GENERAL- Except as provided in subparagraph (B), the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied:
    (i) QUALIFYING EMPLOYMENT- The alien has performed at least--
    (I) 5 years of agricultural employment in the United States, for at least 100 work days or 575 hours, but in no case less than 575 hours per year, during the 5-year period beginning on the date of the enactment of this Act; or
    (II) 3 years of agricultural employment in the United States, for at least 150 work days or 863 hours, but in no case less than 863 hours per year, during the 5-year period beginning on the date of the enactment of this Act.
    (ii) PROOF- An alien may demonstrate compliance with the requirement under clause (i) by submitting--
    ...
    (C) GROUNDS FOR REMOVAL- Any alien granted blue card status who does not apply for adjustment of status under this subsection before the expiration of the application period described in subparagraph (A)(iv), or who fails to meet the other requirements of subparagraph (A) by the end of the applicable period, is deportable and may be removed under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
    (D) PAYMENT OF TAXES-
    (i) IN GENERAL- Not later than the date on which an alien's status is adjusted under this subsection, the alien shall establish the payment of any applicable Federal tax liability by establishing that--
    (I) no such tax liability exists;
    (II) all outstanding liabilities have been paid; or
    (III) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service.
    ....

    (2) SPOUSES AND MINOR CHILDREN-(A) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted status under paragraph (1), including any individual who was a minor child on the date such alien was granted blue card status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident.
    (B) TREATMENT OF SPOUSES AND MINOR CHILDREN BEFORE ADJUSTMENT OF STATUS-
    (i) REMOVAL- The spouse and any minor child of an alien granted blue card status may not be removed while such alien maintains such status, except as provided in subparagraph (C).
    (ii) TRAVEL- The spouse and any minor child of an alien granted blue card status may travel outside the United States in the same manner as an alien lawfully admitted for permanent residence.
    (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status.
    (C) GROUNDS FOR DENIAL OF ADJUSTMENT OF STATUS AND REMOVAL- The Secretary may deny an alien spouse or child adjustment of status under subparagraph (A) and may remove such spouse or child under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) if the spouse or child--
    (i) commits an act that makes the alien spouse or child inadmissible to the United States under section 212 of such Act (8 U.S.C. 1182), except as provided under subsection (e)(2);
    (ii) is convicted of a felony or 3 or more misdemeanors committed in the United States; or
    (iii) is convicted of a single misdemeanor for which the actual sentence served is 6 months or longer.





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  • ramee
    07-05 03:53 AM
    Finally approved for all family members except my wife (Dependent).

    We submitted normal Birth certificate from Municipal Corporation. But got RFE on Birth Document. Any body aware of secondary evidence for birth document. They are asking for oldest health, school, Census or religious record that shows both parent names and DOB.

    Anybody experienced this type of RFE before?



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  • brawn81
    01-14 10:08 AM
    Transit visa is needed for indian citizens who are travelling with AP and without visa through lufthansa/Germany.

    Here is my conversation with German embassy.

    Exception Number 3 apply to you. So that means that you need to apply
    for an airport transit visa.

    Kind regards,
    >
    > Visa Department
    > German Consulate General
    > 871 United Nations Plaza
    > New York, NY 10017
    > visa@newy.diplo.de <mailto:visa@newy.diplo.de>
    >
    > German Missions in the United States - Visa (http://www.germany.info/visa) <http://www.germany.info/visa>
    >

    xx schrieb am 13.01.2011 18:45 Uhr:
    > Thanks for the quick reply. I have valid employment authorization card
    > for the U.S, valid Advance parole paper (512-L, Authorization for
    > parole of an Alien Into the United States. as mentioned in exception 3.
    >
    > Can you confirm that I dont need transit visa.
    >
    > /Thanks,/
    > /xx./
    >
    >
    >
    >
    > > Date: Thu, 13 Jan 2011 13:36:31 -0500
    > > From: xx@newy.auswaertiges-amt.de
    > > To: xx@hotmail.com
    > > Subject: your inquiry
    > >
    > > Dear xx,
    > >
    > > thank you for your inquiry.
    > >
    > > As a citizen of India you are required to apply for an airport transit
    > > visa. However, there are certain exceptions to this rule. The
    > exceptions
    > > are listed in the section on Airport Transit Visa on our website
    > > German Missions in the United States - Visa (http://www.germany.info/visa) <http://www.germany.info/visa> . (The direct link
    > > is:
    > >
    > German Missions in the United States - Transit Visa Country List (http://www.germany.info/Vertretung/usa/en/04__Legal/02__Directory__Services/01__Visa/__Transit__Country__List__Visa.html)
    >
    > > )
    > >
    > > *_Please note the following further explanations:_*
    > >
    > > *_ _*
    > >
    > > *Exception 1)* �If they hold a valid visa for the United States of
    > > America� � this means that the U.S. visa stamp in your passport must be
    > > still valid on the day of your airport transit
    > >
    > > _ _
    > >
    > > *Exception 2)* �If they return from the USA after having used the visa�
    > > � this means that the
    > >
    > > the U.S. visa stamp in your passport must be still valid on the day of
    > > your airport transit, OR that the visa has expired within the last 3-4
    > > days. If the U.S. visa in your passport has expired for longer that 3-4
    > > days ago, you are required to obtain a transit visa. __
    > >
    > > *Exception 3) *All travelers holding a
    > >
    > > - valid Approval Notice (I 797)
    > >
    > > - valid I 94
    > >
    > > - valid employment authorization card for the U.S.
    > >
    > > - valid Advance parole paper (512-L, Authorization for parole of an
    > > Alien Into the United States, )
    > >
    > > also *have to apply for an airport transit visa* according to European
    > > Union legislation, as those documents are not listed under exception 3.
    > >
    > > Applicants are required to submit their application in person at our
    > > Consulate. You may find a list of required documents at
    > > German Missions in the United States - Visa (http://www.germany.info/visa) <http://www.germany.info/visa>. Please schedule a
    > > visa appointment online at German Missions in the United States - Address, Contact, Hours (http://www.germany.info/nyappointment)
    > > <http://www.germany.info/nyappointment> prior visit at our Consulate.
    > >
    > > The visa processing time for Indian Nationals takes approx. 2 business
    > > days.
    > > For a postage fee of $19 we may mail your passport back via FedEx once
    > > the visa has been processed.
    > >
    > > Kind regards,
    > >
    > > Visa Department
    > > German Consulate General
    > > 871 United Nations Plaza
    > > New York, NY 10017
    > > visa@newy.diplo.de <mailto:visa@newy.diplo.de>
    > >
    > > German Missions in the United States - Visa (http://www.germany.info/visa) <http://www.germany.info/visa>
    > >
    > >
    > >
    > >





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  • ssingh92
    08-21 09:31 AM
    I am trying to port EB3 to EB2 but can not find an employer who will file labur for EB2. Can some one send good Desi Employers by Private email.

    Also I talked to one employer and he said that I have to bring experience certificate from current employer to show my experience for EB2. The current employer says he will give the experience certificate but write only one line. ..... Any tips here.

    By the way kumars story is very interesting. Here some companies thinks following thats many who working Fortune 500 companies are in EB3 or nowhere.

    EB1 : for God
    EB2 : for Albert Einstein or equivalent or who can win Noble Prize, All other are not qualified
    EB3 : Skilled worker with or without master, Like me and you.

    Thanks,



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  • makemygc
    07-06 06:28 PM
    just been informed that the newscast is going is to happen tommorow. apparently there was some "breaking" news!! guys make sure you tune in tomorrow!!
    So far there is nothing broadcasted which seemed to be breaking news.





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  • gk_2000
    11-02 10:47 PM
    Well, at least the bill has been introduced in senate. And if it fails then perhaps peacemeal will happen



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  • met3259
    05-25 03:29 PM
    Does anyone know how Quebec compares to Ontario. Specifically Montreal to Toronto. Economically, culturaly, etc.?
    I would appreciate any comment. Thanks

    I have a sister that lives in Beaconsfiels (on the island of Montreal) - so I know what I am talking about ... been there many times.


    Depends - do you speak French. If yes, Montreal is outstanding. If not, then TO (said "T" then "O" (not zero)) (or Toronto), is more likely desireable to immigrants. It is extremely multicultural, economically not dependant on a "referendum" (French trying to separate sending the economy for a spin).

    Housing in TO is somewhat expensive - remember, that it is the 4th largest city in North America. Look also at Alberta (Edmonton & Calgary), and British Columbia - again housing is very expensive here. May wish to also consider looking at Halifax in Nova Scotia, but most likely will not be your choice. A city like London or Kitchener, Ontario is great - just need the skill set to get a job there.

    Conclusion - Ontario is most likely your best bet (and the weather is better than Monteal by a long shot)





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  • gondalguru
    07-19 10:34 AM
    The skin test is mandatory. Also, your blood test results might take a day or two. I really dont think you have any option but to ask her to come back a few days early.

    TB skin test is not mandotory.
    I would recommend that you wife gets following tests done and have results ready when you go and see doctor on 15th.
    1) Blood test for HIV and RPR(syphilis)
    2) Chest XRay
    3) Vaccination - MMR, DT(Tetanus booster) and Varicella

    if you take the results of tests and proof of vaccination on the day of visit then the medical report can be given same day.

    I also recommend that you download form I-693 and I-693A , make few copies, fill up the information like name, A number, date of birth etc and have it ready for the physician to complete the rest of stuff. Make sure you don't sign the form until your doctor signs it. Also don't forget to ask for a copy of the completed for before he seals it.

    Hope this helps.



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  • gc_on_demand
    11-21 11:29 AM
    Dear Friends,

    As per yesterday�s floor summary (access link below), the House of Congress has been adjourned and this marks the end of the business activity in the house of the110th Congress. House will re-convene at 11:00 a.m. on January 3, 2009 and that will be the first session of the 111th Congress.

    Floor Summary: http://clerk.house.gov/floorsummary/floor.html

    3:02 P.M. -
    The House adjourned pursuant to H. Con. Res. 440. The next meeting is scheduled for 11:00 a.m. on January 3, 2009.



    HR 5882 introduced in the 110th Congress will no longer valid for consideration in the 111th Congress and a new RECAPTURE bill has to be introduced in 111th Congress with the same contents of HR 5882 in order for us to obtain some relief.

    I think we should start our campaign now itself, targeting Rep Lofgren, Zoe [CA-16] and Rep Sensenbrenner, F. James, Jr. [WI-5], for the RE-INTRODUCTION of the RECAPTURE bill during the first week of the 111th Congress.

    Also, it is very important NOT to campaign for the expansion of the scope of this bill at this point of time as that will make this bill to get ignored and become a reason to add the whole relief measures to a Comprehensive Immigration Reform bill which may take 1-2 years to get passed depending on the political landscape.

    We should ask Hon. Zoe and Hon. Sensenbrenner to introduce this as an emergency relief measure and try to get this passed during the first quarter itself.

    Once this bill gets introduced, we could request all previous Co-Sponsors of HR 5882 to become Co-Sponsors of the new bill.

    So at this point, we should send mails to Rep Lofgren, Zoe and Rep Sensenbrenner, F. James, Jr. encouraging them to re-introduce the RECAPTURE bill.

    Let�s keep HOPE alive!

    I was pushing it for week. I tried to email her. It didnot work out.. On her website if you are not from her constitute it will not allow to send message. I called her office to and lady asked me details first like name , address and she said I should call my local rep. Also she didnot give any details on HR 5882. I was asking support from some member from her consitute and get the thing going ..no one showed interest. People are busy on AC21 thing. I think its good for them but doesnot matter for me who didont even file I 485.

    We are in such a minority in terms of immigrants. 12 mil Illegal Vs 500k legal ( who are waiting for visa ) Out of that who knows how many we are on this site ? may be 10 % or less.. and people starts campaign for AC21 which brings number even smaller. How can we get success... We should think broad. The whole point of this was forum should be for every one. I know we had done a progress. (1) We did good job on July fiasco. only helped those who were waiting for filling 485.. ( may be 90 % of population of this site . )
    (2) then we did good job for 2 year of EAD
    (3) Now AC21..

    but this is helping only few % of us. and becoming less and less as some senior members get GC and leave site.. In order to attrack more and more people we should be broad. Our primary goal should be Backlog and increase visa .. Unless congress increase visa nothing will happen to backlog.

    Good start and let me know if you need some help on this campaign.





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  • sands_14
    04-13 11:02 AM
    No visa bulletins till October2007
    Thats what USCIS announced 2 weeks back
    So stay cool:)



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  • lordoftherings
    07-17 12:06 PM
    and how are you so sure that all EADs that will be entering the market are freshers. My wife (now on H4) already has 4 years exp in UK (psychology) before coming to US. I know a lot of H4s who have 7+ yrs exp (may not be very recent as they couldn't work on H4). So most of them may not be freshers but yes, competition is always healthy.

    lotr

    Yes you are right, there is bound to have EAD flood in market, with spouses of hi-tech worker will come to market to search hi-tech job with spouse phone support. I have seen such cases countless times in past few years and yes they will be in future without exception. However, matter of fact, these fresh EAD (previous H4) don't get the dream job in first attempt, it takes good 2 year to find a similar job that H1b hitech worker does.
    But thats the realty of market, every year new jobs are added and every year new job seekers join the crowd.
    On the otherside, a hitech worker is suppose to always learning something new and getting his/her position more stronger everyday, its a knowledge market, whoever knows more gets better $$. With my 7yr US exp and total 10 yrs CS exp I have no scare that any single fresh EAD will come close to me. A senior is always a senior no matter which field you talk.





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  • pooja_34
    12-21 09:08 AM
    This is ridiculous - We really need a movement to fix the Indian Consulates. It sucks to be born in a country with 1 billion people. Long lines and struggle for everything :)

    I sent in my passport renewal on Aug 1st, no update as of now. Sent them e-mails no response. Shame on you CGNY.



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  • pappu
    05-31 03:03 PM
    I am from Ohio and tried several times to join State Chapter. I did get PM from a member last week who asked me to get him my personal info, which I did but no rsponse from him..

    Can you suggest a link how can I join SC?

    Best..

    RV

    Please try to contact your chapter from this page
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52

    It is also a menu item under advocacy on the top.

    If you do not get a response, then contact IV member ID meenal





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  • sprash
    07-28 07:57 PM
    E-Filed EAD: 06/01/2008
    FP Notice: 06/10/2008
    FP Appointment: Friday, June 27, 2008
    EAD Card production ordered: July 28th, 2008
    ------
    PD: 01/27/2005
    EB2 India

    Hopefully this will be a 2 year EAD!





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  • p7810456
    06-23 12:22 PM
    Folks

    where are you guys taking these? Fedex kinko's would be fine? any pointers in the NY-NJ area?

    Thanks
    I got mine from Walmart, after i heard from couple of my friends. they give 6 photos for 8 bucks or something, where-as if you go to places like Walgreens or CVS.. they only give 2 photos for 8 bucks.





    gaz
    12-20 01:56 PM
    +1 for CGNY. We had gone for our daughters PIO card and had her with us - the consulate folks were extremely helpful and helped us through the process quickly so that our daughter wouldn't go through any discomfort in spite of a huge rush. We were in and out in less than 30 minutes of reaching the consulate (kudos to the security screener especially who spotted us waiting in line and led us right in to the counter).

    Everyone was also very friendly and professional. I do agree with the phone calls responsiveness - we had a hard time reaching someone on the phone for our queries.





    rolrblade
    07-19 11:12 AM
    Rolrblade,

    i guess i mispelt the statement, my response was to his idea of seeking an Emergency appointment.

    ofcourse, just normal rescheduling is absolutely do-able.

    i think our friend is trying for Emergency so that wife can get appt in chennai only.

    No problem. I misunderstood too. Sorry about that! he has disappeared anyways. I believe he got his answers.



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