vdlrao
07-15 05:36 PM
Not sure I follow you. How are we getting 50K spill over visas?
I already mentioned in my previous posts (multiple posts with same matter for people like you and me, see it and understand it well) how we are getting more than 50k visas just for EB2 India. I am giving it here again the visa allotments for 2006 and 2007 years when theres vertical fallouts. Now its changed to horizontal fall outs.
Due to this as many of us think its not the EB3 India which is losing, but its EB3 ROW.
Class --------------------------------------> 2006 | 2007
Total Employment-based Approvals ----------> 159,081 | 162,176
EB1 ---------------------------------------> 36,960 | 26,697
EB2 ---------------------------------------> 21,911 | 44,162
EB3 ---------------------------------------> 89,922 | 85,030
Fourth:-------------------------------------> 9,539 | 5,481
Fifth (investors) ----------------------------> 749 | 806
See the Total Employment Based Visa approvals for 2006 and 2007 159,081 and 162,176. But there are only 140,000 visas in EB category. The rest of the visas came from Family Based visas which are not used for the previous fiscal year. The share for each category: Each EB1, EB2 and EB3 should get 1/3 of 140,000 = 46,666. But due to the less demand in EB1 and EB2 ROW all the visas falling to EB3 ROW due to the Vertical falling.
EB1 ROW --> EB2 ROW --> EB3 ROW.
EB1 INDIA --> EB2 INDIA --> EB3 INDIA.
As theres not much demand for EB1 ROW and EB2 ROW, all the unused visas are going to fall to EB3 ROW. So from this time its going to be like Horizotal fall out like below.
EB1 ROW/EB1 INDIA --> EB2 ROW/ EB2India/ EB2China-->EB3ROW/EB3 INDIA.
So this time to fall any VISAS into EB3 ROW they have to pass through EB2 India/EB2 China. So this makes EB3 ROW dates would retrogress due to the decrease in visa numbers availabilty.
As I said each category would have 46,666. So EB1 and EB2 together will have around 93,332 visas. But in EB1+EB2 in 2006 about 50,000 visas approved and in 2007 about 70,000 visas approved. So for 2008 also asume the demand for EB1 and EB2 is 70,000. But the availability of VISAS are 93,332 as said above + unused family visas which come around 19,000+.
So for this 2008 fiscal year for EB2 India and China the total visa numbers availlable are
(93,332 +19,000) - 70,000 = 42,332.
So around 42 thousand + 9,800 (regular 7% of 140k) = around 52k Visas Just for India , because EB2 China was already Jan 2006 a year back. And I dont think it would take any considerable share in this 50k other than its regular 9,800 visas.
Get me back if you have any doubts.
I already mentioned in my previous posts (multiple posts with same matter for people like you and me, see it and understand it well) how we are getting more than 50k visas just for EB2 India. I am giving it here again the visa allotments for 2006 and 2007 years when theres vertical fallouts. Now its changed to horizontal fall outs.
Due to this as many of us think its not the EB3 India which is losing, but its EB3 ROW.
Class --------------------------------------> 2006 | 2007
Total Employment-based Approvals ----------> 159,081 | 162,176
EB1 ---------------------------------------> 36,960 | 26,697
EB2 ---------------------------------------> 21,911 | 44,162
EB3 ---------------------------------------> 89,922 | 85,030
Fourth:-------------------------------------> 9,539 | 5,481
Fifth (investors) ----------------------------> 749 | 806
See the Total Employment Based Visa approvals for 2006 and 2007 159,081 and 162,176. But there are only 140,000 visas in EB category. The rest of the visas came from Family Based visas which are not used for the previous fiscal year. The share for each category: Each EB1, EB2 and EB3 should get 1/3 of 140,000 = 46,666. But due to the less demand in EB1 and EB2 ROW all the visas falling to EB3 ROW due to the Vertical falling.
EB1 ROW --> EB2 ROW --> EB3 ROW.
EB1 INDIA --> EB2 INDIA --> EB3 INDIA.
As theres not much demand for EB1 ROW and EB2 ROW, all the unused visas are going to fall to EB3 ROW. So from this time its going to be like Horizotal fall out like below.
EB1 ROW/EB1 INDIA --> EB2 ROW/ EB2India/ EB2China-->EB3ROW/EB3 INDIA.
So this time to fall any VISAS into EB3 ROW they have to pass through EB2 India/EB2 China. So this makes EB3 ROW dates would retrogress due to the decrease in visa numbers availabilty.
As I said each category would have 46,666. So EB1 and EB2 together will have around 93,332 visas. But in EB1+EB2 in 2006 about 50,000 visas approved and in 2007 about 70,000 visas approved. So for 2008 also asume the demand for EB1 and EB2 is 70,000. But the availability of VISAS are 93,332 as said above + unused family visas which come around 19,000+.
So for this 2008 fiscal year for EB2 India and China the total visa numbers availlable are
(93,332 +19,000) - 70,000 = 42,332.
So around 42 thousand + 9,800 (regular 7% of 140k) = around 52k Visas Just for India , because EB2 China was already Jan 2006 a year back. And I dont think it would take any considerable share in this 50k other than its regular 9,800 visas.
Get me back if you have any doubts.
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chanduv23
12-01 09:02 AM
Good decisions, to move on with part time studies
Call "Circuit" if you have any issues and he will come to your help :)
Call "Circuit" if you have any issues and he will come to your help :)
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crystal
09-20 03:10 PM
I agree totally with that.
posting 100 times to get noticed can't really be the best way to manage the ideas.
posting 100 times to get noticed can't really be the best way to manage the ideas.
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amitjoey
02-08 03:40 PM
chitta123, do not panic. You are in a better situation overall. Find an employer willing to sponsor your H1 and greencard. Start H1 Process (transfer). You will get a new H1- with date of April 2008. Start working as soon as you get a receipt date.
Also start new perm-labor with new employer. apply I-140 with and ask to retain old PD date from employer A -I-140 (Old employer). Since Employer A has laid you off (guessing that they were out of work for you), they cannot and will not benefit from revoking the I-140. Since they cannot use it to hire any other foreigner, since they just layed off.
There might be some other easy way you can do this. Please do not take my views as legal advice. Consult a lawyer (good one) immediately.
Also start new perm-labor with new employer. apply I-140 with and ask to retain old PD date from employer A -I-140 (Old employer). Since Employer A has laid you off (guessing that they were out of work for you), they cannot and will not benefit from revoking the I-140. Since they cannot use it to hire any other foreigner, since they just layed off.
There might be some other easy way you can do this. Please do not take my views as legal advice. Consult a lawyer (good one) immediately.
more...
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thomachan72
09-29 01:24 PM
Thomachan,
We need more people on this forum and in the world like you!!
Very humorous insight and practical perspective.
Thanks for the compliment bondgoli. Being a person who has slept in the airport (floor) on quite a few occasions I have realized that people still somehow think that they are paying "big money" and so need good treatment. That is no longer true. The competition among providers has lead to their own (and ofcourse ours) decline. My kid always makes sure the nintendo ds and a few novels are packed up anytime the sentence "we will have to fly" is pronounced. Now we also pack up a few extra bed sheets and I am an expert now to spot the warm areas to sleep. We also keep turn watchin over the stuff when the rest sleep (ofcourse on the floor). And yes, we dont hold any hatred against the airline employee because they are "nothing" and can "do nothing". So friends if you see an Indian family sleeping in any airport dont hesitate to come and say Hi.
We need more people on this forum and in the world like you!!
Very humorous insight and practical perspective.
Thanks for the compliment bondgoli. Being a person who has slept in the airport (floor) on quite a few occasions I have realized that people still somehow think that they are paying "big money" and so need good treatment. That is no longer true. The competition among providers has lead to their own (and ofcourse ours) decline. My kid always makes sure the nintendo ds and a few novels are packed up anytime the sentence "we will have to fly" is pronounced. Now we also pack up a few extra bed sheets and I am an expert now to spot the warm areas to sleep. We also keep turn watchin over the stuff when the rest sleep (ofcourse on the floor). And yes, we dont hold any hatred against the airline employee because they are "nothing" and can "do nothing". So friends if you see an Indian family sleeping in any airport dont hesitate to come and say Hi.
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pmmo
10-27 12:10 PM
Well, I hope mine gets resolved sooner than 6-8 months! My EAD is already expired and I could not apply since there was nothing in the application where I could show my status which is PR.
TravInd, you are right about people not knowing the priority dates and not aware the GC was a mistake. In fact, I still don't know for sure if mine was a mistake. I will know only when I find it out through the lawyer. My previous lawyer who worked on my GC case said congratulations and everything was fine. I am eager to find out if it was a mistake on my own.
TravInd, you are right about people not knowing the priority dates and not aware the GC was a mistake. In fact, I still don't know for sure if mine was a mistake. I will know only when I find it out through the lawyer. My previous lawyer who worked on my GC case said congratulations and everything was fine. I am eager to find out if it was a mistake on my own.
more...
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kate123
02-14 10:51 PM
Sanju,
I did not expect such a cheap statement from a senior member like you. Infact posts like yours creates separate groups.
Please try to contribute towards achieving the goal. If you do not like our posts please ignore this thread.
Please do not call any one as IDIOT..
Thanks!
Look at the two group of idiots here, each one trying to agrue for a specific provision to benefit him ONLY, and finding foolish reasons to support their arguments. Insane idiots or educated illitrates? You deicde. Either way, they are both the same.
.
I did not expect such a cheap statement from a senior member like you. Infact posts like yours creates separate groups.
Please try to contribute towards achieving the goal. If you do not like our posts please ignore this thread.
Please do not call any one as IDIOT..
Thanks!
Look at the two group of idiots here, each one trying to agrue for a specific provision to benefit him ONLY, and finding foolish reasons to support their arguments. Insane idiots or educated illitrates? You deicde. Either way, they are both the same.
.
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gcadream
06-10 02:31 PM
I'm so reliefed and excited to see the bulletin site after so many years...
At first it look like a prank to me, like what happened last month.
But now I 'm quite certain that that yes the dates did moved for EB2 category upto Oct-01-2005.
Its really a great great news after a long long time !!
Someday I will also complete my journey :)
At first it look like a prank to me, like what happened last month.
But now I 'm quite certain that that yes the dates did moved for EB2 category upto Oct-01-2005.
Its really a great great news after a long long time !!
Someday I will also complete my journey :)
more...
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franklin
09-21 02:47 AM
Just curious Franklin...somebody on the forum mentioned that you already got your greencard...if you have a PD of 2004, how did that happen...did I miss something?
I guess the cat is out of the bag. Yes, I got my greencard a few weeks ago. Yes, my PD is early 2004.
There are 2 current theories why:-
1. I'm very vocal in the media and lawmakers about the problem, and something made this happen (as my co-workers say "they gave it to you to shut you up")
2. I was a lucky one that was assigned a visa number in early June (when I applied for AOS) - it was approved when my PD was not current.
I'm not going anywhere, nothing has changed with the current policy. It is still broken. If for no other reason, the bizarre circumstances around my GC highlight more unpredictability and uncertainty in the whole process. I hadn't mentioned it before since it really isn't a big deal in the big picture.
I guess the cat is out of the bag. Yes, I got my greencard a few weeks ago. Yes, my PD is early 2004.
There are 2 current theories why:-
1. I'm very vocal in the media and lawmakers about the problem, and something made this happen (as my co-workers say "they gave it to you to shut you up")
2. I was a lucky one that was assigned a visa number in early June (when I applied for AOS) - it was approved when my PD was not current.
I'm not going anywhere, nothing has changed with the current policy. It is still broken. If for no other reason, the bizarre circumstances around my GC highlight more unpredictability and uncertainty in the whole process. I hadn't mentioned it before since it really isn't a big deal in the big picture.
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snathan
07-22 11:00 AM
Mate if you are an Indian there is no place in India where you can avoid Hindi. Hindi is our national language and that does not make it optional for you to speak or understand.
Not really. Every has the freedom to chose what they like or not. Exactly because of these rude attitude of Hindi People I never speak hindi.
Not really. Every has the freedom to chose what they like or not. Exactly because of these rude attitude of Hindi People I never speak hindi.
more...
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new2H1&GC
08-04 09:29 AM
Thank you so much for the reply. As you suggested, I will try to find an attorney and get more details. In the mean time I just have a few more questions.
1.Do you know if pay stubs would be a problem to get the "transfer/new" H1B before Oct 1st? Since I wouldn't actually work with Company A, so I wouldn't have any pay stubs.
2. Actually what's difference between getting the "transfer" before Oct 1st and getting a "new" H1B before Oct 1st? Is there some procedure difference?
Company A (the company through which I got the H1B) is withholding the H1B approval notice Original until I am put on project. I went ahead with them for sponsorship because they guaranteed getting projects in my area and no "bench" time, but now after the approval came through, they don't seem as enthusiastic about placing me in local projects. In case there's a problem, I don't want to risk going through the whole "bench" period thing, that's why I am considering changing companies early itself, instead of waiting to find out for sure.
So my third question is
3. Is a COPY of H1B approval notice enough for getting a "new" H1B with company B?
Again THANK YOU for your replies, it's a BIG HELP!
I had the same question so I asked my attorney and he told me that you can "transfer" your H1B after Oct 1 and benefit from AC21, meaning that as soon as company B files an H1B petition for you and you have proof of this filing, you can start working for them.
However, I understand that you want to "transfer" before Oct 1, in which case company B has to file a new H1B petition either regular or with premium processing. This new H1B is not counted against the cap because you have already been counted against the gap in the 6 previous years.
In short, you should be able to work for company B starting Oct 1 if they file for a new H1B now and it is approved by Oct 1.
I recommend you ask an attorney for your specific case.
1.Do you know if pay stubs would be a problem to get the "transfer/new" H1B before Oct 1st? Since I wouldn't actually work with Company A, so I wouldn't have any pay stubs.
2. Actually what's difference between getting the "transfer" before Oct 1st and getting a "new" H1B before Oct 1st? Is there some procedure difference?
Company A (the company through which I got the H1B) is withholding the H1B approval notice Original until I am put on project. I went ahead with them for sponsorship because they guaranteed getting projects in my area and no "bench" time, but now after the approval came through, they don't seem as enthusiastic about placing me in local projects. In case there's a problem, I don't want to risk going through the whole "bench" period thing, that's why I am considering changing companies early itself, instead of waiting to find out for sure.
So my third question is
3. Is a COPY of H1B approval notice enough for getting a "new" H1B with company B?
Again THANK YOU for your replies, it's a BIG HELP!
I had the same question so I asked my attorney and he told me that you can "transfer" your H1B after Oct 1 and benefit from AC21, meaning that as soon as company B files an H1B petition for you and you have proof of this filing, you can start working for them.
However, I understand that you want to "transfer" before Oct 1, in which case company B has to file a new H1B petition either regular or with premium processing. This new H1B is not counted against the cap because you have already been counted against the gap in the 6 previous years.
In short, you should be able to work for company B starting Oct 1 if they file for a new H1B now and it is approved by Oct 1.
I recommend you ask an attorney for your specific case.
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Hinglish
03-20 09:27 PM
So are you suggesting that everyone in EB3 ROW is unskilled professional?
No that is a suggestion that you are making ...
I am saying that every one in EB3 India/China/ROW is applying for a job that requires lesser skill than EB2 India/China/ROW
It is the job ....not the individual and not the country
No that is a suggestion that you are making ...
I am saying that every one in EB3 India/China/ROW is applying for a job that requires lesser skill than EB2 India/China/ROW
It is the job ....not the individual and not the country
more...
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eb3India
06-08 01:06 PM
Please don't shoot me for these thoughts, but please consider it only for sake of discussion.
Now that CIR is defeated again for nth time, We really need to consider rethinking about our stratergy,
I guess we are about 15K membership and if we include spouse and take a guess every one in five has dependent kid to join (wild gusstimate) we come close 35-40K approximately.
most of us are legal and we should not having any issue in getting Green card with current law only if backlog is cleared and we recapture visa numbers.
to recapture visa numbers we don't need any legislative reform AC-21 does apply,
We need to spend more energy in researching possibility of recapturing 90K visas and we will be done,
I really don't think we have strength and will power to fight legislation change along with illegals for most controversial subject.
we are legals letz use it our advantage.
I did belive in piggy back ride along with illegals, but I don't any more,
Now that CIR is defeated again for nth time, We really need to consider rethinking about our stratergy,
I guess we are about 15K membership and if we include spouse and take a guess every one in five has dependent kid to join (wild gusstimate) we come close 35-40K approximately.
most of us are legal and we should not having any issue in getting Green card with current law only if backlog is cleared and we recapture visa numbers.
to recapture visa numbers we don't need any legislative reform AC-21 does apply,
We need to spend more energy in researching possibility of recapturing 90K visas and we will be done,
I really don't think we have strength and will power to fight legislation change along with illegals for most controversial subject.
we are legals letz use it our advantage.
I did belive in piggy back ride along with illegals, but I don't any more,
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billu
08-05 02:08 PM
I m a new applicant for EB 3 gc born in india.....just starting my process......with my PD being sometime in later half of 2009,do u think canada is a better option?......EB 3 india right now looks like a good 10-12 years wait time!!.......pls advice about canada immigration and is it a viable option?
more...
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anukcs
09-17 11:20 AM
He has made arrangements as well to come to the rally tomorrow.
We are coming from Ashburn VA area...If anybody wants to come along please PM me.
Regards.
We are coming from Ashburn VA area...If anybody wants to come along please PM me.
Regards.
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pnjbindia
07-05 09:57 PM
Hands down, the best in the DC area.. Very professional Italian law firm with imigrant lawyers.....
www.maggio-kattar.com
Speak to Mr. Jim Alexander..
www.maggio-kattar.com
Speak to Mr. Jim Alexander..
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CaliGC
06-14 03:17 PM
Vinn,
Here are just a few that I can think of rightaway.
1. Once shifted to EAD you loose opportunity to renew or apply for a new H1B if you have not completed six years though.
2. You have to apply for EAD renewal every year and much in advance. H1Bs are issues for 3 year periods.
3. Suppose there is a delay in getting the renewal, you are NOT allowed to work until the renewal comes through. Renewal duration depends on the work load.
4. Fee of EAD is being hiked to $340 per year.
5. Couple of my EAD starting date was the approval date even though the current EAD had not exipred effectively loosing couple of months validity each time.
6. Due to some issues if I-485 gets revoked the EAD/AP are invalidated the very next moment and you accumulate illegal stay and would not have time to get the process going.
On the other hand having a H1B you can apply for EAD any time or not even apply if you have sufficient validity on it. Suppose the I-485 gets rejected you can reapply for a new one or from an another employer and still work/live legally in the US.
EAD allows you to work any type/number of jobs that is the big PLUS though!
TIA
Here are just a few that I can think of rightaway.
1. Once shifted to EAD you loose opportunity to renew or apply for a new H1B if you have not completed six years though.
2. You have to apply for EAD renewal every year and much in advance. H1Bs are issues for 3 year periods.
3. Suppose there is a delay in getting the renewal, you are NOT allowed to work until the renewal comes through. Renewal duration depends on the work load.
4. Fee of EAD is being hiked to $340 per year.
5. Couple of my EAD starting date was the approval date even though the current EAD had not exipred effectively loosing couple of months validity each time.
6. Due to some issues if I-485 gets revoked the EAD/AP are invalidated the very next moment and you accumulate illegal stay and would not have time to get the process going.
On the other hand having a H1B you can apply for EAD any time or not even apply if you have sufficient validity on it. Suppose the I-485 gets rejected you can reapply for a new one or from an another employer and still work/live legally in the US.
EAD allows you to work any type/number of jobs that is the big PLUS though!
TIA
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pss
07-01 05:31 PM
I highly recommend Jessie Ho in Cupertino, CA. www.jessieho.com.
She responds to email/phone very reasonably (about an hour via email and 99% of the time answers phone). She worked over weekend to file I485.
She went out of her way to even pay USCIS filing fees from her pocket as there was a delay in processing compnay check. How many of your Lawyers will do that?
She responds to email/phone very reasonably (about an hour via email and 99% of the time answers phone). She worked over weekend to file I485.
She went out of her way to even pay USCIS filing fees from her pocket as there was a delay in processing compnay check. How many of your Lawyers will do that?
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chmur
04-11 11:50 PM
Historically, 5 years for end-to-end GC process is not considered as catastrophic delay...
There is a good chance that 2005 PD might get approved in 2010 summer , even with current system unless USCIS looses more visa #s. So IV and all of us have to scream at high pitch and frequently so that no more Visa #s are lost. I think it is happening
2003 this summer , 2004 in 09 and 2005 in 2010 is quite possible.
Now if we all contribute more $$$ to IV we can expedite the above time table.
data indicates some movement in approvals for EB3-I in last 3 weeks. sorry IV , unless sorting issue is fixed, rich data is not of much use . Example: sort by PD's does string sorting instead of date sorting .
Cheer up ...it will happen
There is a good chance that 2005 PD might get approved in 2010 summer , even with current system unless USCIS looses more visa #s. So IV and all of us have to scream at high pitch and frequently so that no more Visa #s are lost. I think it is happening
2003 this summer , 2004 in 09 and 2005 in 2010 is quite possible.
Now if we all contribute more $$$ to IV we can expedite the above time table.
data indicates some movement in approvals for EB3-I in last 3 weeks. sorry IV , unless sorting issue is fixed, rich data is not of much use . Example: sort by PD's does string sorting instead of date sorting .
Cheer up ...it will happen
cin45220
09-29 11:49 PM
similar incident happened to my room-mate, may be little worse.
The airline was aerofloat (russian) in this case.
they boarded aircraft from bombay to ewr. aircraft started running on runway and after some unsuccessful attempts they came back to terminal. with everyone's surprise, the pilot announced that there is a techincal difficulty and unable to takeoff.
Next flight was after 48 hours and that too from delhi. No need to say my friend spend 24 hours also at moscow airport and finally reached newark after 4 days finally. All these with no ground staff at bombay by aerofloat. Being young students, my friend and his groups helped like a coolie to shuttle all other elderly passengers bags to hotel and so forth. He is a very fair person and still doesn't blame aerofloat. He bought the return ticket for 760 with tax, where other airlines used to charge like 1200 or so.
morale of the story: don't blame airindia for all the faults. I am sure there is lot to improve but it is not the only airline where things go bad. This is possible anywhere.
and lastly, the OP who blamed airindia for not allowing duty free stuff bought at NJ at frankfurt - don't blame AI. It is the airport staff of FRA and not AI.
For all those who think that only airindia is bad, go to google and search for reviews of any airline. Chances are very high that you will get such horror stories described by someone.
The OP somewhere has an attitude that he is too important and shouldn't have any issues. Unfortunately the world is not perfect.
Who flies on Aerofloat?
This airlines had a pilot, who was too drunk to fly the plane. Since the pilot was too drunk, he couldn't properly announce instructions before the take off.
When passengers complained, he said that he will not touch anything in the cockpit and will simply sit there.
After all this, when passengers complained about this at the destination, the fly crew said that nothing like this happened and that all passengers are having a mass hysteria.
{this is not a joke and this actually happened - try google-ing it}
The airline was aerofloat (russian) in this case.
they boarded aircraft from bombay to ewr. aircraft started running on runway and after some unsuccessful attempts they came back to terminal. with everyone's surprise, the pilot announced that there is a techincal difficulty and unable to takeoff.
Next flight was after 48 hours and that too from delhi. No need to say my friend spend 24 hours also at moscow airport and finally reached newark after 4 days finally. All these with no ground staff at bombay by aerofloat. Being young students, my friend and his groups helped like a coolie to shuttle all other elderly passengers bags to hotel and so forth. He is a very fair person and still doesn't blame aerofloat. He bought the return ticket for 760 with tax, where other airlines used to charge like 1200 or so.
morale of the story: don't blame airindia for all the faults. I am sure there is lot to improve but it is not the only airline where things go bad. This is possible anywhere.
and lastly, the OP who blamed airindia for not allowing duty free stuff bought at NJ at frankfurt - don't blame AI. It is the airport staff of FRA and not AI.
For all those who think that only airindia is bad, go to google and search for reviews of any airline. Chances are very high that you will get such horror stories described by someone.
The OP somewhere has an attitude that he is too important and shouldn't have any issues. Unfortunately the world is not perfect.
Who flies on Aerofloat?
This airlines had a pilot, who was too drunk to fly the plane. Since the pilot was too drunk, he couldn't properly announce instructions before the take off.
When passengers complained, he said that he will not touch anything in the cockpit and will simply sit there.
After all this, when passengers complained about this at the destination, the fly crew said that nothing like this happened and that all passengers are having a mass hysteria.
{this is not a joke and this actually happened - try google-ing it}
TomPlate
07-05 09:14 AM
Does the USCIS accepting application for I485 today
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