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Tuesday, June 21, 2011

broken hearted

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  • dontcareanymore
    04-16 04:20 PM
    Hi number30,

    I know many of my friends who have Indian 3 yr bachelors & 2/3years of Masters + 5 years experience post education applied in EB2 and got I-140 approved and many of them got their GC too.

    There are some cases where 10+2+3+2 got approved in EB2. But lately CIS has been interpreting the BS requirement to read single source degree. Combination of degrees to equate to the bachelors is not allowed for EB2 purpose.

    I agree, they had given approvals under EB2 with a 3 year degree. I have few friends who dont even have Indian masters (like MCA) after 3 year Indian degree (BSc , BCom) i.e 10+2+3+1 year diploma from computer institute, but got approved under EB2 and now citizens.

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  • sats123
    06-19 10:38 PM
    What is EVL, is it experience letter.

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  • yabadaba
    06-05 02:52 PM
    Keep in mind that it is higly likely that DOS has changed its strategy of releasing visa numbers starting this year. Previously, they would release numbers per quarter. But this time, from all accounts it appears they have moved away from that model to improve USCIS efficiency. They may have released almost all of the annual quota by now.


    Check the Feb 2007 visa bulletin where they made EB2 India Unavailable as the annual quota was over. It came back again only because there was spillover from ROW.

    Based on this, it is very unlikely that there will be much forward movement in July.
    if they did what u say they did.. they violated the law. thats what gotcher is talking about. plus using up 140k visas without a substantial impact being seen on the forums is highly unlikely.

    last year in june and july when they issued 60k visas there was huge spike in approvals and it was seen on the forums/on /IV/ immigration portal.

    there has not been such an observed event this year. the reason eb2 india went to U was because they had used up the quota associated with per country caps and the category and quarter sub quotas.

    what we are seeing now/ will see in this fiscal year will be spill over visas. where it occurs is anybody's guess.

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  • manand24
    08-10 10:57 AM
    not in same boat as you and me buddy. They are in a boat ahead of you....

    Good point.


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  • singhsa3
    08-20 03:50 PM
    Unfortunately, though it is highly unethical but not illegal
    I would like to know How to file a complaint about labor fraud? I just found out that my employer didn't file 485 for me and instead he used the labor for someone else. Is there anyway I can file a complaint? I have no other option except to wait until the dates are current again. I paid all the expenses for labor, 140 and 485.

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  • nousername
    11-19 05:04 PM
    To begin with let me say that I have earned my masters from the US but still I'm not in favor of this idea simply because getting a masters from the US does in no way prove that US needs us more than others (in light of EB law), or we are any smarter or more capable than people who did masters or even under grad from their home country..

    Besides this will further divide the community which as is divided.

    Just my 2 cents.

    Is this still an active topic? or its dead? Are there people with US Master - STEM who are willing to come forward?
    I am just trying to gauge this? To me, looks perfect candidate for piece meal while waiting for CIR, justification could be same as 20K quota for H1b, keep US educated in the country and keep contributing to US economy & society. It has two benefits, a) direct to people who have US Master, b) there will xx less number of people in front of who don't qualify for this so their turn will come sooner.
    any leads?


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  • wahwah
    06-05 11:04 AM
    What is the effectivity date of this memo?
    May 30th or June 1st?

    I think for few people this might be bad news. Some people changed their job without I-140 being approved. Sorry guys...i used AC21 but i have approved I-140.

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  • longq
    12-29 10:56 AM
    I tend to agree with your interpretation that "NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE" refers to those beyond 140K. The language of law is always beautiful, isn't it?:)

    Anyhow, I still think it merits a deeper investigation and consultation with attorneys.

    No one analysed the statue of the language used in 202 5 a.

    If the total number of visas available under paragraph (1), (2), (3), (4), or (5).

    The key is OR. If the the intension of the language is total demand is less than 140,000, then it would have been "If the total number of visas available under paragraph (1), (2), (3), (4), and (5)"

    The language used in the 202 5 a, explicitly defines each preference catagory seperatly. Also it says "the visas made available under that paragraph shall be issued".

    For example the unused visas by EB1, let us assume 10,000.
    The visas avaliable in EB2 is 40,000 as per 203 b 2.

    Therfore the total visas in EB2 is 50,000.

    If the total demand is less than 50,000 in EB2 (India+Cina+ROW), the 7% quota is not applicaple.

    This is the very direct, simple interpretation of 202 5 A.

    Therefore one cannot (EB3-ROW) interpret, for their convenience. Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.


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  • wolfpok
    01-20 09:26 AM
    Our letters are in the mail. Updated the poll yesterday. Who is next? :)


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  • mmj
    04-19 03:51 PM
    Good job mmj.
    Pls provide your details and participate actively.
    Request you to donate as well if you have not already.

    We've already donated to IV in the past.


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  • apnair2002
    04-01 10:20 PM
    Sent faxes

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  • spindoctor
    07-19 06:51 PM
    She may not get a visitor's visa. Visitor's visa requires non-immigration intent, just like F-1. In your case, there is a very clear intent to immigrate, which may disqualify her from getting a visitor's visa.

    Good point. Restart thinking process...what a mess...


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  • nrk
    10-29 02:58 PM
    Thanks for the reply
    I don't have a muslim name. I am a Hindu so as my name.
    Dubai, Bahrain i went there for project implementations. kuwait was my office place and i traveled those places for work.

    But all those 3 countries are allies with US, people often consider Kuwait as US 53rd state. By any chance can we see that exempted countries list.

    Maybe this is triggering delays but it should be ok.. do you have a muslim name? It may be that processing is slightly slower for muslims who have spent time in the middle-east.. it is a good idea to avoid travelling to places like Dubai etc - I know people get questioned more when they arrive from these places to the US.

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  • hopefull
    07-06 04:09 PM
    For someone who's trying to teach wisdom, economy and philosophy, you really display one hack of a retarded thought process.

    Jeans or whatever clothing is not maufactured here. Whatever you wear, dhoti or lungi, is not going to hurt them. And you know what? I don't want to hurt, I love this country.

    So please, go and live in your hut, wear dhoti and eat goat-curd and leave us alone.






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  • himu73
    10-01 08:51 PM
    I read on USCIS website update on Sept 28 that CSc is assisting TSC to enter the applications. My transfer notice states that application is still under TSC/ But I am also not sure which center will finally process
    ANYONE else in this queue.

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  • gcseeker2002
    07-19 11:55 AM
    If your COS application was approved and you didnt have to go out of US for H1B stamping I would assume your are in status.

    I dont know if this would come up in RFE or at interview stage, but I wont worry about it unless the period was more than 180 days.
    Thanks for the responses. How about this question ?
    Is it out of status if one gets paid from 2 companies with
    2 H1bs , like, If one is on bench but getting paid by that company, starts working with 2nd company on transferred H1b, so it is like double pay for about 2-3 weeks .


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  • bestin
    05-15 10:30 PM
    Were you witness to what happened in his home on that day?? If not, don't be judgemental....leave that to him and his wife and to family court. IV is not for "every good cause"...we are having very difficult time ourself...

    Looks like you already received GC and you have great & lot of time to get into other issue.

    Munna Bhai ,I am at your side too.

    BTB snathans story was good.But the issue of divorse wont have cropped up if his wife (or himself) have behaved that way earlier in your story.

    I think a good % of us need file divorse to rejenuate our married life as per his story. :D:D...kidding . Next action plan.

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  • dilber
    06-04 05:48 PM
    class action lawsuit?? for using up too many visa's too fast?
    wow. for once (& only once) I feel sad for USCIS. They are damned if they do, and damned if they dont. Usually all talk of class action lawsuits have been for visa numbers that they wasted by approving too slowly. Now another one for going too fast... :D

    Seriously, I would be very very happy they are for a change working really fast so no wastage of numbers this time around. common guys don't you think is it good for us over all. may be we will not see some movement for some time but at least you know that we are not suffering because of USCIS's inefficiency.

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  • ilwaiting
    12-12 01:03 PM
    Here's your answer in the bulletin

    EMPLOYMENT: Demand for numbers in the Employment Third �Other Workers� category, as well as the China and India Employment Second preference categories, has been escalating. No movement in those cut-off dates will be possible until the current level of demand subsides.

    I hope it doesn't retrogress in future.

    I still don't understand why is EB-2 not moving forward especially that EB-1 is current.

    01-02 11:13 AM
    Thanks Harsh..

    you think it is safer to submit the last 2/3 paystubs while on H1 earlier along with the other documents we submit while filing for H1, or not even submit them.. I know the officer is at full liberty to ask whatever document he fancies at that moment and my stars at that time..

    Do you think they will ask for the W2's while on H1 period..?

    others too, pls share your thoughts.

    I would follow the advise of your immigration attorney on this one. Sometimes they ask for pay stubs, sometimes they do not. So I would follow what your attorney advises on you. Normally USCIS will not ask for W2's. However an embassy will, when you go for stamping. They will ask for W2 and your tax returns to verify if you got paid whatever is written on your application as your salary.

    11-17 12:47 PM
    Discover does not issue a credit card if you are not a PR or citizen..even though you have good credit history..

    Yeah! except that they do....the first time I applied a long time ago that was the reason assigned. A few years down the road they invited me...someone called me and sure enough there was the discover card in the mail!

    By the way my mortgage interest rate was a tad bit higher because of my non-immigrant status. My mortgage broker at the bank told me exactly that.

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