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  • mmj
    04-19 04:21 PM
    Why not to use that very same ID you have been using for 2 years to post this one also? That way others will know you have been a member and also contributed in the past. No confusion and peace.

    Man - U guys love to quibble about stupid things rather than focus on the big picture. All my thread says is - I'm doing X .... Please consider doing it as well if you think it is worth your while ... Thats it - Nothing more - nothing less. And here we're having a discussion about how long I've been a member of IV and yada yada yada ...





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  • Sheila Danzig
    02-25 01:44 PM
    You can only use experience IF it is for EB3 AND EVEN THEN ONLY IF it so states on the labor certificate.

    However, I have seen a few that have slid by the adjudicators. But the chances are very very slim and I have seen cases picked up later on if it was incorrectly approved ... but not always.

    I'm certain you cannot do that. While applying for H1B Visa, you can use experience in lieu of education, but while Perm/I140, they consider only 1 degree. Either its Masters or its Bachelors...even both of them are not considered as aggregates.

    If your attorney is planning that way, he may not have handled such cases before... :eek:

    You cannot substitute degree with experience while applying for Perm/I140.





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  • giri_tpt
    08-21 12:36 PM
    EB2 India
    PD - OCT 2004
    I140 AD: 12/18/2007
    I485 RD - Aug 14th 2007
    I485 ND - Sept 25th 2007
    Status: Pending
    Service Center: NSC

    Last LUD: on 5/04/08 on approved I 140





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  • delhirocks
    07-14 10:51 AM
    I read that most would-be immigrants are differentiating themselves as an 'illigal' or a 'legal' immigrant. People are forgetting that legal or illegal both are immigrant and want to have a better life for themselves or for their family compare to what their own country have to offer to them. Where is the difference - look deep into your heart - difference is one has some additional pieces of papers while other does not. Stop differentiating! Start uniting and fight for the justice.



    I have not done my research on the "Dream act" and thus would refrain from speaking on it (I am all for sparing the kids from hardship though)...but I take strong exception to your comment above. I pride myself to be a legal immigrant...and frankly any person who flaunts the law of the land, disgusts me.

    I have spent thousands of dollars and hours to maintain my legal documents that you so casually refer to as "pieces of paper". I have sacrificed my career to a certain extent for those "pieces of paper". I have put my married life on peril for those "pieces of paper". But I am proud of it, 'coz those pieces of paper differentiate me from a Criminal.

    The only reason I joined IV was that this is for LEGAL immigrants and for folks who have followed the law, however discriminating it might seem.

    Again this comment is not on the merits of the dream act, but on the comments you made. Remember Immigrating to US is not your/my right.



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  • VSS2007
    08-26 12:02 PM
    My AP is expiring very soon. I do not have any travel plans to India in 6 months from now. Is it mandatory that I have to renew the AP before the old one expires?

    Thanks in advance.
    Ram





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  • sanju
    09-09 11:25 AM
    sanju,
    you said: at some point uscis would send a request to you for employer verification?
    why would they need that: as we have submitted that at the time flinig 485?

    i dont know if the above is true only for consultancies?

    i work in a big software corp and never heard of any queries at all?
    approved 140, file 485, wait for 180 days, change jobs, no queries at all (irrespective of whether you change jobs or not)

    am i missing something here?

    thx

    If 485 application is pending for longer time, say more than 2 years, I have seen that USCIS wants a reconfirmation from the employer that they continue to support the green card application for the position for which the application was originally applied. This is not just applicable to consulting companies alone. Any types of companies and applicants in any categories (Eb-1,2&3) could get RFE at the last stage of the process. So to have your application processed without a shred of a doubt, it is best to be in a position to reply that RFE anytime during the process.



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  • GCaspirations
    09-19 12:35 PM
    Have you guys received finger Printing notices as of yet? I have not received the finger prinitng notice.
    Is this going to delay the processing?
    Just worried because of all the transfers happenning.





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  • gc_on_demand
    11-10 11:45 AM
    I think I have joined IV in last 3 years or so...
    Donated money once & have called congressmen & senators many times ...

    Could someone please tell me -

    What has been achieved by IV till date? I know we all meet elected reps, officials in washington dc ..... but I am interested in end result like not wasting visa numbers , implementing spillover & along these lines.

    I have asked few friends to join IV but then if they ask me for IV accomplishments - i can't count any....

    (1) Reversal of July 2007 bulletin
    (2) Two year EAD AP
    (3) Currently working on Same similar job ( AC 21).
    (4) Push USCIS and DOS to publish data.



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  • aroranuj
    04-21 02:29 PM
    HI

    The minimum educational requirement for the diploma was 10+2. However I did 1st year of BCom out of choice before enrolling in the 3 year diploma. The diploma was for hotel management from a Govt Funded/recognized institute with nationwide entrance tests. DOnt know their acceptance rates but it falls under the umbrella of the Ministry of Tourism.

    I think in the denial letter the officer is accepting that I have an equivalent of a bachelors degree but is still denying it. My attorney thinks that he might be mistaken & might have processed the case as EB2 instead of EB3.

    Sheila,

    2+ 3 you are mentioning is where +3 = three year degree program like BSc / BCS/ BCom programs offered in India. Here I think we are discussing 3 year DIPLOMA program the eligiblity for which is 10th grade. After finishing this program in some universities you are waived 1st year coursework for the degree program in same field. So for regular people it is 10+2+4 to get a bachelors where as people taking the diploma route it is 10+3+3. So in this case of our friend his 10+3 is equivalent to completed only 1st year degree program. the +2 overlaps with what he has studied in +3 and the +1 in commerce will not be counted in coursework.


    Anuj: What subject was your diploma was it a management diploma or engineering diploma? What was the eligiblity for the same? Was the institute reputed like does it have an entrance test? If yes do you know their acceptance rate? Might help in preparing a case





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  • NKR
    02-13 09:28 AM
    NKR, not sure if you heard about this one proverb... "jabh kismath GA***U hai tow kya karey ga PANDU"....we unfortunately get trapped with such type of employers who trouble their employees and learn lessons in hard way and looks like you haven't encountered any such experiences with your employer, if that's the case you are lucky enough & I wish you would NEVER fall into such employers hand who trouble for so many other different reasons....or not sure you should have one small experience and see how you feel just for the heck of it....

    I can sit here and add as many proverb's here all day long but the point here is try to be supportive to folks who are seeking for some help rather then sharing your "KATARA" proverb's..grow up man!!

    dude, that was not my proverb. I was replying to fearonlygod's post. I had only quoted him. anyways your proverb is funny and appropriate, had a good laugh.



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  • harsh
    12-30 02:01 PM
    This is crazy if this is how USCIS or DHS or whoever is going to interpret the law. We need some clarification from an experienced attorney. From the visa bulletin in Nov 2005, it does seem that USCIS is saying over subscribed countries will only get 7% in FY2006 and AC21 will not apply. If its only 2800 for EB2 and EB3 India then priority dates will never reach somewhere like 2005 or 06 for Indian nationals.

    May be this explains why priority dates have got stuck at Jan 03 for EB2 India since october 2006.





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  • new_horizon
    06-18 12:33 AM
    I fully support this!!!



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  • sanju
    10-21 09:08 PM
    Look, everybody interprets and sees the way they like and the way they want. Like I only chose to respond to the red dot issue and it is my choice not to respond to the other part of what you wrote. If I "chose" not to respond to the other part, according to you, my interpretation is impaired, right? That means anytime someone doesn't respond according to the way you want them to respond, there is something inherently wrong with them or their interpretation or their understanding. Is that right? Hmmmm, let me think about this, and maybe you may also want to take a moment to think about it.

    About the red dot system, I don't care for the red dot system, but what I do is, I do not look at the comments, why, because I don't care what others on the anonymous forum have to say in my reputation. So I simply don't care. But if I would care my reputation score on the anonymous forum where no one knows me or for that matter you, then I would check how my reputation is doing every day, just my credit score. Did you think of the possibility that maybe folks at IV want to keep the red dots system the way it is and there is nothing to be fixed? But just because you do not like it, be default you think that something is broken and so it has to be fixed, and, if this is not fixed that means you are not happy, the entire immigration system will continue to be screwed up. Hmmmm, you know, I think some elements of string theory is true that everything is connected in someway, but I am 100% sure that immigration system can be fixed without any change to the red dot system.

    And if you think that you or your friends are losing "self-respect" when participating in any internet blogs/forum, and if you find anything offensive on the open internet forum, you are not cut-out for forums and blogs and you cannot help anyone, or, for that matter yourself. If your ego is so shallow that it hurts everytime someone writes anything on the open forum, in this situation, only 1 person needs help, that would be you.


    Good Night and Good Luck.


    .


    Sanju,

    There are two issues that I have posted on this thread.

    1. Interpretation/understanding a post.
    2. RED DOT issue ( this is not my priority) . If you read the post keenly.

    You, .. your self have made a mistake in Interpretating / understanding the post and reacted overly on the second issue by cornering the actual post.

    Do you call this as a Interpretation issue?. Did you get what am I saying. First , read and understand what others meant to be. Don't JUMP on it.


    If IV cannot fix this RED DOT issue, how could some one believe in IV would fight for FIXING broken immigration system?.


    Perspective is not always matters, there are times .... some thing else matter too. Which is called "Self Respect"

    When few people are spending time and knowledge on sharing their thoughts/ideas, how good it would to use F***words against them?.

    There are many BAD words ... that some members have used against of my friends. Who no more wanted to participate in IV?.


    Did you get what am I saying?





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  • logiclife
    05-22 02:19 PM
    Here is what you do if the bill passes without amendments:

    Get some sun-tan. Wear a baseball cap. Put in jeans with oil stains and bad quality collarless t-shirt. Grow an untrimmed mustache. Lose the dress shoes and wear cheap jogging shoes.

    Go to the nearest USCIS office (after this bill passes) and say that you have been working off-books illegally at a nearby restaurant since 5 years and now you would like to apply for Z visa.

    They will give you a probationary that will work like an EAD card (maybe better quality than EAD with it being tamper proof and wear proof). In the meantime, once the borders are closed and certain benchmarks are met, you will get Z visa with Advanced parole to replace your probationary card. With that advanced parole you can travel outside and come back in guaranteed (Guaranteed return due to AP). When outside you can file for GC, visit your parents and relatives, spend a few days in vacation and come back with full freedom to work anywhere without LCA restrictions and enjoy the Z visa that you can renew on your own (no need for employer sponsor).

    They will give GC to all Z visa applicants within 5 years thru supplemental increase in GC (based on survey done by DHS). The annual cap will be total Z visa holders divided by 20%. If there are 11 million illegals who end up getting Z visa, the annual cap will be 2.2 million.

    That 2.2 million beats the hell out of the 140,000 we have today for legal skilled immigrants or the 90,000 we will have with this new bill.

    Advantages:

    1. No need to comply to speciality occupation. Work in any line of work.
    2. No need to get labor cert for GC.
    3. No need to depend on employer for temp visas like H1B and GC sponsorship.
    4. More travel flexibility due to advanced parole that comes with Z visa.



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  • chanduv23
    06-20 02:41 PM
    This is a very valid point. If employer or his lawyer asks more money in fees for filing I485 it is always better to go thro employer if he files I485 promptly. But if the delay is intention of the employer then use your own Lawyer.

    Desi companies - HIGHLY ADVISABLE TO USE UR OWN LAWYER AND DONT LINK LAWYER AND EMPLOYER - THEY HAVE TENDENCIES TO BECOME BUDDIES BASED ON BUSINESS PROMISES.

    TAKE ALL DOCUMENTS FROM EMPLOYER AND GIVE TO LAWYER. U MAINTAIN UPPER HAND WITH LAWYER.

    485 RFE IS COMMON FOR EMPLOYER- LAWYER COMBO OF DESI COMPANIES.

    Lawyer needs money and employer needs prolongation.

    With rules changing and with CIR reintroduction and with Durbin Grassley amendments - Desi companies will be having tough business in future - they will try to retain consultants in whatever way possible. So beware. These people are sweet in their talk - but they do everything opposite to what they talk.

    This maybe applicable to non desi companies also - this dates becoming current is an acid test for employer's genuinity.

    So be cautious - watchful and get things done in smart way. 180 days down the lane the story is different.

    These are priceless advices :D :D :D





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  • cellphone
    12-13 03:53 PM
    5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?

    Please let me know as much as info/ guidance you can provide to me.

    Great thanks in advance for all of your help.

    -------------------------------------------[/QUOTE]

    I work in a company that has got a decent name in the field I am working in. They recently have introduced a rule stating that I have to stay with the company for a year after GC before I can decide to leave for another company. Otherwise, I'll have to pay back the expenses incurred in the GC process.

    I, however, would ask around and talk to someone working in this company u are about to join.

    If this works.... you are definitely lucky!!



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  • eb3_nepa
    02-12 12:17 PM
    Sometimes in your life you make bad decisions. It happened unfortunately, because my PD is June 2004 EB2 and when dates became current last year, I thought it needs to move just 3 months to have my date current and as per DOS release there were only 3400 visas in EB2 for 2004.
    Unluckily I chose for CP instead of 485 and now lying in a dark well.

    Anyway please don't sympathize, I'll certainly come out of this situation very soon.

    That still doesnt explain why you chose CP over normal AOS. PD wise, it would not have mattered either ways. Also if you feel that you are going to come out of this issue soon then why do you want IV to take up this cause anyways? Dont get me wrong i am not trying to be mean here, I am just not sure why you are proposing what you are proposing.





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  • arvindkappula
    01-18 03:47 PM
    Folks, can dependent's participate in writing letters to President? I have already mailed my hand written letter to White House and copy to IV team, in addition to that I got confirmation from other Indians with whom I work also mailed their letters..If dependents are also allowed then count for another 10 letters from my side...;)





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  • dpp
    08-10 03:26 PM
    LS is not illegal until the employers sell the labor. LS is legal channel where in employer fill the position with somebody else, if primary applicant it not available for some reason.

    But some employers are exploiting the law and selling it. This is ILLEGAL. I agree with that LS is LEGAL until it goes in a legal way. But selling or getting other benefits/gifts from the employee is completely ILLEGAL.

    Since USCIS cannot find who is selling and who is not selling, they banned it. It is a good move from USCIS, but it is too late. Too many got like this and enjoying the benefits leaving other poor souls who are waiting in line from years.





    mpadapa
    02-11 09:23 AM
    DOS recently released the visa usage statistics for FY 2008 (http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf). For once USCIS managed to use up all the visas allocated for the year. Kudos to USCIS :D But it comes with a price for EB folks. For the past few years, forward movement of PD during the last months of the FY has been propelled due to the spillover of unused FB visa's from prior year. Remember last year almost 23k FB visas got spilled over to the EB limit and caused significant forward movement of PD's for EB2 I/C. Unfortunately in 2008 USCIS used up all of the FB visa's, hence there will be no visa's to spillover:mad: I had consolidated the visa usages in the past few years, Here is a link to the document (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en). The document has hyper link to the source for all the data.

    If you are EB3 I/C and wondering why dates didn't move in 2008. Here is the answer,
    EB3-C and EB3-I got 1,985 and 3,576 visa's respectively. With such kind of visa allocation there is no doubt about why the dates aren't moving.

    If you are EB2 I/C and dreaming that somehow the new spillover would take care of things. You might be pleasantly surprised by the usage of EB1 and EB2-ROW in 2008. Last year many were dreaming that all of the 23K FB visa's would directly go to EB2-I/C but the data shows otherwise. EB2-C and EB-I got 6,967 and 14,819 visa's respectively for the entire 2008. If all the 23K visa's were used by EB2-I/C then their respective numbers would have been much higher.

    Bottom line: Without significant change in the EB limit through recapture or increase in EB limit. The forward movement of PD will be a trickle atleast for the rest of the year. We can pray and do whatever before every bulletins, but the numbers cannot lie and hence the bulletins would be a disappointment (for many) until we grasp the reality.

    Let us get our acts together and start working together towards some constructive actions like a bill or an amendment. Let us have a healthy debate on what needs to be done.





    chmur
    05-10 12:53 AM
    "GC and Citizenship should not prevent anyone from pursuing their career and personal dreams - if not US - there are other countries where your skills would be welcome. Personally - i have given priority to career and family life ahead of visa issues and rest has automatically fallen into place"

    I know this is easier said than done but I think for most part I have moved on .I have not got my GC yet (PD Nov 2003 EB3 -India) but allow me to chime in .

    Actually I had little interest in pursuing GC to begin with(Mistake). Could have started earlier than I actually did and was lucky to breeze thru Labour and 140 stages(< 6 months) and did not follow I-485 progress till June -1 st 2007

    Then suddenly in next 4-5 months browsed every info /problems/issues with GC. Made 3 info pass appointments(Name Check cleared), initiated 2 separate inquiries one thru OMBUDSMAN. must have called USCIS about 10 times and checked the online status atleast 3 times a day . Pedantic. Mostly because my application was pre-approved and lot applications around my PD's were approved and I thought I was really close . Alas, that was not to be . I was pretty dissapointed for a few months.

    However in the last 6 months I have moved on mentally, I browse IV and consider other options like switching to Eb2 but gone are those pedantic days followed by huge disappointments.

    Planning a career move with AC21/EAD option.



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