Friday, July 8, 2011

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  • quizzer
    09-27 02:12 PM
    I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.

    Country: India
    Date of Joining with current employer : Jan 2006.
    PERM Filing/ Approval Date: Aug 2006.
    I-485/ EAD filing Date: July 2007.
    I-140 RFE received date: Sep 2007.

    The RFE reads as follows.

    ---------------------------------------
    "Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
    If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
    ---------------------------------------

    This is my history.

    I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
    I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
    But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.

    I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
    I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.

    The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.

    Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.

    My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.

    I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.

    Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?

    Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow


    What was your I140 receipt date at NSC?





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  • VSS2007
    08-27 09:20 AM
    Thanks for the reply
    Ram





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  • dummgelauft
    07-28 10:52 PM
    There is a question about removing per country limit at the end.These morons are very concerned that no single country (meaning China and India) overwhelm the supply of immigrant visa's. I wonder if they will consider applying country limits when passing amnesty :D

    .limit or no limit..they WILL end up with more Chinese and Indians anyways than other nationalities..just because of the sheer numbers, from these two countries....





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  • inskrish
    01-15 11:44 PM
    Hi,

    Sent letters to WH and IV. Besides, I printed 100 copies of the original template and kept them in an Indian grocery store, with the permission from the store owner, although it took a long time to explain our situation to the owner of the shop.

    Regards,
    IK



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  • joydiptac
    06-03 06:55 PM
    Voted for 1085.
    Now guys will u please also vote for
    http://www.opencongress.org/bill/110-h5882/show

    i.e. EB Visa recapture.





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  • hope_4_best
    04-02 11:45 AM
    sent both faxes



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  • ragz4u
    03-16 03:43 PM
    I tend to agree too that nothing will happen, too much talking, too much BS, but, I can only hope that the republicans know that they can loose the house control, so, maybe they will prefer to have something more conservative than nothing.

    Check out the following article from the OC register here http://www.ocregister.com/ocregister/homepage/abox/article_1053340.php

    If this is true, this seems to be good news for us. The McCain Kennedy bill is the most pro-immigrant of the bills and if thats what becomes the Comprehensive Immigration Bill, we all might end up happy!

    WASHINGTON � The Senate Judiciary Committee today reached agreement on proposals for a new guest-worker program and a plan to allow the estimated 12 million illegal immigrants living in the United States to become permanent residents.

    Less than 24 hours after most experts and Capitol Hill watchers believed the committee would be unable to get a bill to the Senate floor by Majority Leader Bill Frist's March 27 deadline, committee Chairman Arlen Specter had brokered deals between some key senators on the complex issue.

    No formal votes were taken and committee staffs were preparing to spend the next 10 days drafting language that would put in place the compromises reached. It appeared that at least a dozen of the 18 members on the panel would be prepared to back this deal. The committee plans to meet first thing in the morning on March 27. It is not yet known whether Frist will allow the panel to finish and send its bill to the Senate floor or if he still plans to bring up a more limited, possibly enforcement-only measure.

    But even if nothing scuttles the compromise between now and when lawmakers get back from recess, and if the Senate passes a bill with these elements, there would remain a steep battle to get agreement from the House. The House passed an enforcement-based measure in December that doesn't include a guest-worker program or a plan for undocumented immigrants in the United States now.

    Early this afternoon, Frist announced his intention to introduce a bill before next week�s recess that would deal with enforcement of immigration laws but will not include any of the controversial guest-worker or illegal immigrant provisions. Officials in Frist�s office say he is doing this to ensure that there is a bill ready on the floor if the committee fails to pass one. If Specter does get a bill out of committee, said Frist press secretary Amy Call, that could be substituted for the majority leader�s measure.

    The most likely scenario, said ardent supporters of immigration reform who were pleasantly stunned by today's events, is that this will end in a stalemate, only to be brought up again in the next Congress. But they say it's important that the Senate go on record as supporting comprehensive change.

    For the first time, Specter, R-Pa., who said he spent hours on the phone last night with Sen. Edward Kennedy, D-Mass., agreed to Kennedy's plan to deal with the estimated 12 million illegal immigrants. Specter would have allowed these people to work indefinitely but not get green cards. Kennedy wanted to give them a path to legalization.

    Specter agreed this morning with Kennedy's approach, provided that these illegal immigrants would not be able to start legalization proceedings until the backlog of 3 million people now waiting in countries around the world for their chance to come to the United States legally get their green cards.

    The deal reached on a new guest-worker plan says that 400,000 new guest workers would be allowed into the country each year. Under the proposal authored by Kennedy and Sen. John McCain, R-Ariz., that number would have been unlimited. But Kennedy, a senior member of the Judiciary Committee, agreed to a cap and also agreed that after working for two years, these new guest workers would have to go back to their home countries and reapply for another stint as guest workers, one that could last up to six years. But first they'd have to stay in their home countries for one year.

    Built into this compromise, however, is a chance for these workers to get a waiver and not go home based on how long they have been employed here or if they are considered essential to a U.S. employer's business.

    The plan also allows guest workers to apply for permanent U.S. residency, something not included in either Specter's bill or the other major proposal under consideration, the bill by Sens. John Cornyn, R-Texas and Jon Kyl, R-Ariz.

    Kennedy essentially compromised with Cornyn, who chairs the immigration subcommittee. The deal takes parts of each of their proposals.

    Not all members of the committee agreed with these compromises.
    Kyl said he still believed the illegal immigrants would get preference over those waiting legally in line overseas because the undocumented would be able to stay in the U.S. and work until their turn at a green card came. Those waiting to come here legally don't have that option, he said.

    And several committee members most opposed to a guest-worker program � most notably Sen. Jeff Sessions, R-Ala., were not at this morning's session.





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  • dartkid31
    05-25 12:06 PM
    Canada has the stupidest immigration policy from the standpoint of policy maker if you ask me.

    Dont get me wrong. It works great for us. For the immigrant. You get greencard on an independent petition(self-petition) and adjudicated based on points. And there is no numerical cap.

    Guess what? It works great for everyone in the world, everyone has flocked there and caused and over supply of labor and 9% or higher unemployment. The way they count unemployment is also very Enron-like. They dont count people receiving unemployment benefits as unemployed. And then Jim Volpe will post on website "Canada has unemployment rate of 5-6%".

    Anyways, if you want to immigrate to a country, you want to go where there is low unemployment. That is the biggest criteria for choice. USA's system HAS HUGE FLAWS. The employer petition-system creates a breeding ground for exploitation and the numerical cap is too low that results in delays that are unbearable. And yes, the DOL has come really close to making people commit suicide because of labor backlogs. But then, only the employer petition system can actually give greencards to THOSE WHO CAN SURVIVE and get jobs in the economy and not give greencards just because they scored points.

    I know I will receive a lot of flak as I have before, and I wish there was points based system here in USA too with self-petition option like Canada, but trust me, if that happens, then this country will be full of people with greatest points,(obtained thru fake degrees and Ph.Ds from the whole world) and really really make the nightmares of NumbersUSA and FAIR become true, and it wont be worth living.

    US systems needs major rework and increase in quota and increase in efficiency at USCIS and DOL. But getting rid of employer petition is going to make USA like Canada where Ph.Ds and doctors drive cabs and work in restaurants, but every one of those doctors and engineers would have greencard in 1 year.


    There is a simple solution to the labor over-supply problem you mentioned above. How about making it a requirement to have a job or job offer in your field before you are allowed to apply. That way, the over-supply problem is solved, and the exploitation factor removed as well. And to weed out the fake graduate degrees, they could require that the degree come from a US school. I think most lawmakers would agree with me, and thats why they have written similar language into the underlying bill, although only for STEM's. Your main arguement (over-supply) would be irrelevant if those conditions were applied.



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  • shana04
    02-13 10:15 AM
    I know what the job title and Job duties were stated in the Labor certification and have acopy of my Labor certification application with me, but if you can give me the format of the letter for AC21 that would be great.

    Please let me know

    Thanks

    check post #22





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  • jambapamba
    08-10 11:46 AM
    Perm filers hate LS guys as they went ahead of line...
    Backlog guys hate Perm filers as they went ahead of line...
    Eb3 guys hate EB3-EB2 conversion guys as they went ahead of line...
    ....and it goes on.
    This shit never ends!!!:(

    Strangely, everything is done within the scope of law!



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  • vejella
    12-13 03:56 PM
    All,

    With the current rate of outsourcing happening around in US and the rate of influx of temporary workers coming in on mostly L1 and may be few on H1 B Visas every year through the outsourcing companies , i am sceptical about the future of GC aspirants. With the way of GC processing happening which are caused by restrictions /policies of governing bodies and no sight of positive relief in near future i am little apprehensive about the future.

    I feel that there might be no areas that are not impacted by Outsourcing boom . Most of the companies that i see and my friends work ,i see many of the operations are outsourced or planning in place to get outsourced.

    with the current rate of outsourcing and subprime mess which may cause slow down in economy , i am not sure if there would be any positions to support our AOS , when our PD becomes current. Some times i think , the fight for GC is even worth it.

    Every one feel free to post your views/opinions/Analysis on this topic ....





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  • bajrangbali
    05-18 09:26 PM
    For a moment, leave the IIT/merit/experience arguments aside...fact is US graduate schools get taxpayer funds...and one way or other students graduating in US get benefit from those taxes. Senators do not want their tax $$ investments to leave the country...that only is the reason they did something for US graduates in H1...this separate quota may or may not fly...as there is no direct benefit for US...stay on H1B and pay taxes good for usa :cool:



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  • Powersa
    07-07 06:42 PM
    Good news story, kudos.

    To me, the message seems like - problems with no solutions (yet). I wish there had been more time for them to elaborate on the emotional roller coaster and money spent with little return for who knows how many people/families.





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  • rameshk75
    02-12 02:51 PM
    Hi Shana04,

    Did you invoke AC21 with H1 transfer? I mean did you transfer your H1B to a different company which is not your GC sponsoring company? If so give me more details..

    Question:
    Am working for a GC sponsoring company and applied for 485 and received EAD, AP etc... Am not willing to move to EAD..can i change the company with a H1B transfer and invoking AC21? Pls give details..

    Thanks


    I have noticed soft LUD's on all receipts including I140, H1B with all other receipts (485, EAD and AP) for my self and my spouse after using AC21 with H1B transfer.

    Not received FP yet and did not call Service center for it.

    Any clues? or any experienced the same.



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  • aray
    04-01 04:30 PM
    Sent Fax# 10.





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  • Jimi_Hendrix
    06-26 02:38 PM
    PD Aug 2001
    RD Jan 2005
    CSC case transfered to NSC in Feb 07
    Senator Inquiry 5 days ago yielded result that cards will be ordered in 30 days.



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  • senocular
    02-03 06:40 AM
    Loved them all but I was torn between eilsoe and kax. kax's shadows are what impressed me most, and if the castle was populated or had a little more color, I might have voted there, but I instead took to eilsoe's because of the people and captions ;) It also embodies more what I think of as 'pixel art', which is very straight or isometric, not to say those that werent wer bad because of that; in fact that gives a more impressive look and feel, but I needed some fun and eilsoe delivered. What shocked me most is that there were more people waiting in line at the mens bathrooms... hmm, guess its mostly guys there. :) The duck reflections were also a nice touch.

    Soul was a close 3rd.





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  • mirage
    02-04 03:14 PM
    Guys,

    I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time it could be few days in Washington!! please PM me.
    Again we are not creating any organization or anything, we are not going against IV's agenda. This is also a part of IV's agenda, but for now our sole agenda will be to bring a 2 line bill to remove country quota or increase the country cap(whichever can fly).

    PS : For EB-3 India, unless country cap is removed or increased, you can presume you GC application dead forever...For EB-2 India It'll be a long journey for people with PDs sooner than 2005...

    Thanks





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  • Ram_C
    11-19 01:56 PM
    Sorry for asking you so many questions. I am just trying to figure out if there is any pattern on NSC-CSC-NSC FP appointments.

    Did you get a notice from CSC saying they are transferring your I-485 to NSC? If so, when was it?

    NO, I haven't received transfer notice from CSC either.





    heywhat
    08-15 12:59 AM
    :)
    Will I-485 package get rejected if no employment letter attached?

    While rushing to send our packages to USCIS on July2nd, we could not get our future employment letter signed and did not include in the package. But now I have the employment letter.
    Experts, do you think I need re-file or wait out?
    Anyone is in the same boat got their receipt#s or still waiting

    Thanks





    natrajs
    08-23 11:26 PM
    Ok..., but can you tell me how they are approving cses for PD EB3'2003 or Any EB3 cases daily, when EB3 is 'U', do you have answer for this.

    Since ther is plenty of approval going on everyday.

    They are not following any PD for the last 3-months approval, I don't believe any rule they have.Now they are already under pressure , and the pressure started already.They have to clean up.I don't think they will wait untill next year June, since Election is on Sept'2008.

    -satish
    ----------------------------------------------
    EB2/PD-Sept'2004/I-140 Approved.
    I-485 - Sent July5th.
    RD - ?
    AD -?
    Edit/Delete Message

    No one has any clue that how USCIS is approving any cases. However the election is has no impact on USCIS process.

    BUT IV's Effort has it!!!!!!



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