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Wednesday, June 22, 2011

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  • nixstor
    02-11 04:23 PM
    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

    My 0.02

    mpadapa,

    Thats a good analysis. As you noted EB-2 India got only 14K visas as opposed to other predictions of 30-32K visas. I have long said that the variable here is how EB1 and EB-2 ROW demand numbers. A lot of folks assumed that all the spill over will end up in the EB-2 I/C lap. It does not as long as there is no retrogression across the entire EB-2 category severely, making the old PD golden (this is not going to happen) or there is very less demand for EB1 and EB2-ROW numbers.

    While I agree with your analysis, I feel that the number of employers/applicants filing for Labor/140/485 has started a downward spiral in 2008. This means lesser demand for EB1 and EB-2 ROW numbers making the numbers available to EB-2 I & C. Again, it is very well possible that there are just enough number of people from both Eb1 & EB-2 ROW categories left & entering in the system to deny the numbers to EB-2 I & C. Unless the state of the economy continues like this, shedding 600K jobs in one month, equal to number jobs in the state of Maine, we can't say that EB-2 I & C can become close to current or leap into 2007 and beyond. Then we might be current and have a GC but the economic situation would be so worse that people don't care for GC. God Forbid we have to see that and lets hope and pray that the Stimulus will resuscitate the economy





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  • abhi_022001
    03-26 02:06 PM
    I recently moved to Houston TX for a new job on EAD and got a vertical driving license which is valid till 2015 but there is a line printed on it "Temporary visitor status expires july 2010" which is expirary date of my EAD card...

    I think I will have to go to DMV again after getting new EAD card in 2010 to revalidate the new date





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  • whitetiger0811
    01-07 05:47 PM
    Hi,

    I have a three year bachelor degree + MBA from India with 9 years of experience. My labor was filed requiring Masters degree + 3 year experience with no mention of bachelors degree. Last week, I received I-140 decline (I-140 filed under EB2) citing that my bachelors degree is only three years.

    My company is planning to file an MTR with appeal citing 1) My labor only required Masters degree with three years experience and that I have the Masters degree with three years 2) I have bachelors degree equivalent with 3 year bachelors degree and 2 year experience equated to 1 year education equating to US 4 year bachelors degree.

    Do you think my appeal would have a chance of success? Please let me know your opinion. I have to file an appeal in next few days. Thanks for your help.
    hello,

    my qualification is 10 + 12 + 3 BSc Physics + 3 MCA. My LC clearly states that a Master's is required.

    does this qualify for a US Master's? please note the fields are different.

    My i-140 has been denied and waiting for notice...mostly it education and i filed under EB2 in TSC...

    any input guys?????





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  • dreamworld
    09-27 10:35 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

    enggr... First Welcome IV!!! The great place to meet like minded people.

    If your supplementary exam is required for your degree then your graduation date is June 2002. if not then you are safe. First of all..Course completion certificate is not a degree. You have to complete all the requirements to get a degree.

    Converting to EB3. I read somewhere in the forum that PERM does not allow to change from EB2 to EB3. You might need to reapply.

    In any case, You need to respond to RFE with a good business case. and go for the next step.

    Good luck buddy.



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  • EBX-Man
    05-12 11:33 AM
    Pappu,

    Reality is DREAM act is directly connected to HISPANIC votes for Democrats, EB community doesnt have any VOTING rights, neither they get any support from the folks who are already GC/UScitizenship holders.

    Once people are out of this GC mess, they all start talking about anti immigration and that's the reality, u go to any indian community around and see how much support you have from those folks who have GC/US citizenship.

    Hispanic community has unity. EB Community has factured groups, each intenet on their narrow goals and aspirations. There is no use commenting on and comparing Hispanic comunity with legal community. Every illegal fights for all the illegals where as every EB immigrant fights for himself and by extension his/her group be it preference category or country category





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  • belmontboy
    05-18 09:37 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:

    wrong.
    Each MS student invests atleast 20k for his program [average]. He/She doesnot get any benefit from taxes. However, its the university benefits from foreign students. If you take CS/EE/science program atleast 50% of students would be foreigners [avg].

    One of the main reasons why a Master's quota of 20k was added was to retain the "US educated" talent. I suppose we could argue on similar terms for GC quota for Masters students.



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  • walking_dude
    11-30 04:44 PM
    I asked you for the proof that 80,000 FBs are reserved for EB immigrants ( or somehow available !). You did not show me any !

    There is no law that states USCIS should not consider country quotas during the last quarter. As per AC21 law USCIS should relax the quotas if the numbers are getting wasted (not already assigned to ROW). If USCIS works efficiently and assigns the visa numbers to EB3 ROW - which is retrogressed - before the end of third quarter, they don't need to relax country quotas in the fourth quarter.

    In a way USCIS inefficiency is helping applicants from retrogressed countries get GCs faster (4th quarter relaxation) :).


    http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf

    Look at page 52. Page 53 explains, why USCIS is wasting visa numbers even though there is huge demand for the same.

    The 7% country limit does not exist for the last quarter. But it does exist during the first 3 quarters. Since USCIS is moving the PD drastically only in the last quarter, they are unable to process all the applications in the last quarter resulting in wastage of EB visas.





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  • jethro11
    04-20 02:41 PM
    Solaris27,
    Thanks for your reply, there are a lot of conflicting reports from different sources so I wanted to be sure. Have you traveled in the past month or know of anybody who has come back without a transit visa through Frankfurt? The new Schengen visa rules are causing a lot of confusion. Thanks!



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  • priderock
    06-27 04:38 PM
    I am very surprised about the requests for cheap photos !!! What a pity.
    We were ready to spend thousands of dollars just a month ago just to have the ability to apply for I485, but when you get a chance , try to save a few dollars and risk an RFE , delay in processing or even denial.

    Walmart photos suck , so are CVS photos. I had them take my pictures in the past. Never used the walmart ones and CVS photos got rejected for visa revalidation. They used Polaroid camera at walmat and they were not good at all.

    I took them at Macy's studio , costed me about $30 for 6 copies but they are great. Please choose a professional studio, $20 extra dollars are worth every penny.

    Some one mentioned about saving $20 and have a dinner. I would rather have peace of mind knowing my pictures are good enough for USCIS than have a $20 dinner.

    Just my 2 cents though. May be I am extra cautious because I got burned once :)





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  • mdmd10
    10-10 09:31 AM
    After folks start getting their EAD, God alone knows how many "New" desi bodyshopper's like this will spring up.

    All those so called "Enterpreneurs" a.k.a desi bodyshoppers...Perhaps if someone started a company that actually makes something rather than just contracting....more jobs, more value...

    I feel everyone of us has the potential to have such a vision...after all isn't this the land of opportunities

    Perhaps it is wise only to dream....



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  • Nil
    04-27 08:29 PM
    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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  • vasa
    07-16 11:41 PM
    well then you will always rely on your experience and skills, there is a reason skills are categorized as junior staff and senior admins/developers/mgrs etc.

    if u got the skills there's not stopping any one.:)



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  • krcreddy
    07-08 12:02 AM
    Here is the link to NBC site:

    http://video.msn.com/v/us/msnbc.htm?g=7074a9b5-daf9-4a79-934f-cce39dbeb3ac&f=00&fg=copy





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  • number30
    11-03 01:05 PM
    Hi Shirdibaba,

    Can you copy and paste the exact letter, i mean to ask the exact letter means does it contain any agent id.

    1. Did you opened any SR in TSC around 10/14 or 10/15, We have a group of people who had the same problem in TSC during those days. all the letters replied by the same agent.

    2. Find out from attorney if he charges any fee for this. If so please don't go with him.
    take an info pass and find out the details.
    This is the best way to find out. (As i told you the group of people got the same response, most of them took info pass and found that nothing wrong in their case)

    Nothing to worry, most of the cases it might be a mistake by the agent. or in some cases it is pending for minor verification.

    This is my guess.
    Since Visa number is not available USCIS is using the term "Inadmissible at this time" That means simply not approvable because PD is not current.

    When we got our green cards they use to stamp the passport with seal "Admitted on "



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  • karthiknv143
    01-31 01:46 PM
    Well, everyone wishes the rumour to be true.
    But you know what, to realize the increase in fees for the I-485, they should allow people to file for it. Unless people start filing for I-485's they are not going to make the $2billion in 2 yrs. If retrogression continues, guess the fee increase doesn't make much sense.... Not sure whether I am right or wrong here.





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  • hiralal
    04-21 08:50 PM
    I want to bring out the plight of legal immigrant community that has been silently suffering the consequences of a broken immigration system. It really baffles me that all the focus in immigration debate is on ILLEGALS when highly educated LEGAL immigrants who play by the rules, pay taxes and follow the law are left in the lurch. Attending to legal immigrants plight will also send a positive signal to the ILLEGAL community to see the perks of being LEGAL. Right now, it seems more rewarding to be ILLEGAL than pursue the LEGAL route towards immigration. What an irony!
    The country based quotas imposed on Employment Based green cards are not only unfair but self defeating because the benchmark is country of origin and not qualification! Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy.
    The immigrant community is really looking at President Obama to deliver on his promise of CHANGE - Change that we can believe in.
    good initiative ..I have sent the email and I will be asking my wife to call all her friends and spread the word. guys do the same.
    I also mentioned that I wanted to buy a house since a long long time but I cannot buy because of gc delays



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  • malaGCPahije
    07-25 11:07 AM
    I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.

    I met a guy yesterday who applied for GC in 1998. EB3-I. Has not got his GC yet. You would expect him to feel worse than what you feel. But he was completely relaxed. Reason, he does not expect his GC anymore.

    Be happy that your PD is going to be current. But remove any expectation. If you get the GC, enjoy and party. If you do not, you will get it soon sometime later. Once the expectation of something is out, you will suffer less.





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  • GCard_Dream
    12-12 01:33 PM
    Canada is certainly an attractive option. Economy is booming in Canada right now but not so much in IT if that's the field you are in. You can do a job search on monster.ca to see what kind of opportunities are available.

    Now the best thing about Canada is that you'll have more certainty in your life and you won't be stuck to one employer for years trying to get through GC log jam. While it may be acceptable for some, some of us may be getting to a tripping point and considering alternatives is becoming a necessity.

    You can learn all about Canadian immigration at http://www.cic.gc.ca/ . It's so simple that even cave man can do it. You don't need a lawyer or anything. You can always hire one, however.

    It is all based on point system and if you have been working in US, I don't think you should have any problem meeting the point system requirements.

    FOOD FOR THOUGHT GUYS.

    This country doesn't care about legal immigrants, all they care is about illegals and big businesses..Does anyone know how to go to Canada ? Please tell me ..please please...Or any other country other than India..doesnt matter even if it is Iraq..please tell me, I am tired of waiting for visa bulletins and putting my life on hold..please...

    :-):-) Hehehehe folks..please continue from here, cant give more than this for now!!





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  • tonyHK12
    11-11 01:01 PM
    Dear tselva,

    why 22May06 for India EB2, i think your PD is before that. can you please add two more months, that covers mine too.

    MC

    Why not 3 more years either :)


    Another point I think is that even if IV had a couple of million dollars I don't think it will be able to pursuade the Congress to pass any legislation to bring relief to legal immigrants considering the mood of the people in the Congress . No one would like to hurt their political career with voting for us in the Congress. The politicians do only lip service whether for illegal or legal immigrant bills. They have zero interest in seeing them passed in the Congress.

    Well thought I had to answer this better. The answer is YES, we can get bills introduced and passed if we had 2 million dollars. Lets not make assumptions about what congress cares for, we'll let core members handle that. As written previously, we have managed to get quite a lot of change done with minuscule funding, even though we haven't been able to afford the best people.
    Maybe right now even achieved a bit more than the illegal immigration lobby.
    How exactly do we do it? - Check Donor forum, where we get constant updates on our efforts in Washington DC.

    Donations start at a one time of $25, even if that's the only thing you do all year.
    There are some thinking why not get everything for free, when IV is already working? Its a tendency of many to save as much as possible, and get the thrill of getting something free. As I speak, Donors are benefiting from IVs efforts. United we can achieve a lot, Divided we fail.

    The other common excuse is - "I really don't care, even if I don't get the GC, I can always find a job back home. Pay $1000 for my return flight. Just visiting... "
    Well I guess the other option of spending much less, getting a GC in 1-2 years, starting your own business in the USA, making much more money is really something no one wants.





    mantagon
    06-01 10:22 AM
    YES.
    Thanks!





    reddysn
    05-30 09:46 AM
    Please do not spam the threads with the same message .. News articles should go into news article threads please ...

    Britain ruled out the law change 40,000 Indians to comeback home
    http://www.timesnow.tv/Reversal_for_UK_Indians/articleshow/2085257.cms


    US Visa Fee raise by around 66% for all and Green card process
    http://www.latimes.com/news/nationworld/nation/la-na-immig30may30,1,6138808.story?coll=la-headlines-nation
    :eek:



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