vallabhu
07-20 11:23 AM
FEDEX July 2nd 10:23AM
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indianindian2006
09-22 03:04 PM
Please call and help all of us.Please call...............
Imigrait
07-31 12:42 AM
Forget September, can any member say with confidence that dates for October will move forward at least 3 years for each category compared to August Bulletin?:rolleyes:
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texanguy
08-10 11:03 PM
This cant be true...how come you know the dates when it is not even published on the visa bulletin... Lets wait and watch...
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sasidhar79
05-10 06:00 PM
wow he has contributed , he deserves a better answer.
we are here to share our experiences and overcome our anguish not to poke fun at each other.
we are here to share our experiences and overcome our anguish not to poke fun at each other.
hebbar77
05-07 12:36 PM
I have citizenship already. I am just waiting for GC:)
Good one friend!
Good one friend!
more...
nav_kri
12-31 01:22 PM
So does this mean I am stuck with Company A till I get Garbage Can I mean GC ?
Searched on google and got the following info
MurthyDotCom : U.S. Immigration Law (http://www.murthy.com/chatlogs/ch121806_P.html)
Chat User : Thanks a lot in advance for the kind-hearted services,
Labor/I140 approved, got 3-yr extension after completing 6yrs of H-1. If I
change my employer now, can I get 3-yr extension, and can I keep my priority
date even if my employer cancels I-I40?
Attorney Murthy : Based on the current understanding of the law and
the USCIS interpretations, one is allowed to file for a 3-year H1B with a
new employer based on the I-140 petition with another employer. Also, the
person should be able to retain the earlier PD unless the USCIS believes
that there was some sort of fraud. We have seen them grant the earlier PD in
most cases, even after the earlier employer revokes or cancels the
previously-approved I-140 petition. Many employers nowadays are choosing not
to pursue revoking the I-140 petition, especially if the employee paid for
the processing.
http://www..com/greencard/employmentbasedimmigration/i-140-premium-processing.html
Job Change - Transfer of Original Priority Date
This is not related to AC21 portability. This is very useful in a case you are planning to change jobs or you fear that your employer may be thinking about laying you off or firing you.
If the person has an approved I-140, but I-485 is not filed during priority date not being current, and decides to change the job, either with the same employer for a different job or with a new employer in a new position, the green card case would have to be started all over again, including labor certification(if required), I-140 and I-485 (or consular processing). However, if the person had an approved I-140 from the previous job, it is possible to request to retain the priority date in a new I-140 petition.
You can change jobs when I140 is approved and I485 not filed but the new employer will have to start GC process from scratch, but you can retain old PD. You can also check with attorney if you are still doubtful.
Cheers and Happy new year :)
Searched on google and got the following info
MurthyDotCom : U.S. Immigration Law (http://www.murthy.com/chatlogs/ch121806_P.html)
Chat User : Thanks a lot in advance for the kind-hearted services,
Labor/I140 approved, got 3-yr extension after completing 6yrs of H-1. If I
change my employer now, can I get 3-yr extension, and can I keep my priority
date even if my employer cancels I-I40?
Attorney Murthy : Based on the current understanding of the law and
the USCIS interpretations, one is allowed to file for a 3-year H1B with a
new employer based on the I-140 petition with another employer. Also, the
person should be able to retain the earlier PD unless the USCIS believes
that there was some sort of fraud. We have seen them grant the earlier PD in
most cases, even after the earlier employer revokes or cancels the
previously-approved I-140 petition. Many employers nowadays are choosing not
to pursue revoking the I-140 petition, especially if the employee paid for
the processing.
http://www..com/greencard/employmentbasedimmigration/i-140-premium-processing.html
Job Change - Transfer of Original Priority Date
This is not related to AC21 portability. This is very useful in a case you are planning to change jobs or you fear that your employer may be thinking about laying you off or firing you.
If the person has an approved I-140, but I-485 is not filed during priority date not being current, and decides to change the job, either with the same employer for a different job or with a new employer in a new position, the green card case would have to be started all over again, including labor certification(if required), I-140 and I-485 (or consular processing). However, if the person had an approved I-140 from the previous job, it is possible to request to retain the priority date in a new I-140 petition.
You can change jobs when I140 is approved and I485 not filed but the new employer will have to start GC process from scratch, but you can retain old PD. You can also check with attorney if you are still doubtful.
Cheers and Happy new year :)
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vbkris77
07-02 12:55 PM
From what I remember, when we wrote to President Bush, only 5000 letters were sent.
I dont think a number like 50,000 could ever be reached.
That's why we couldn't solve all the admin related issues then. If we had significant volume, we could have had visa re-stamping done in USA and the list goes on.. Any ways, I don't mean to give numbers.. But as long as we are on the same page that volume speaks and we don't have enough at this point of time, I am good.
We need a mass movement to make an impact. They need to get frustrated with the letters and will have to give a press statement that they are reviewing the matter. As long as we can do that. I think we can get DOJ attention. If 5K members send letters 10 times in 2 months, I have no issue, as long as we can annoy them with letters for justice..
I dont think a number like 50,000 could ever be reached.
That's why we couldn't solve all the admin related issues then. If we had significant volume, we could have had visa re-stamping done in USA and the list goes on.. Any ways, I don't mean to give numbers.. But as long as we are on the same page that volume speaks and we don't have enough at this point of time, I am good.
We need a mass movement to make an impact. They need to get frustrated with the letters and will have to give a press statement that they are reviewing the matter. As long as we can do that. I think we can get DOJ attention. If 5K members send letters 10 times in 2 months, I have no issue, as long as we can annoy them with letters for justice..
more...
needhelp!
05-07 12:39 PM
---- S wrote:
Hehe.. I agree.. so I decided not to put my head under
any of those caps ;)
--- G wrote:
> K,
>
> Coming to think of it, with all that we are going in
> the US, with H-1B caps, with Green Card country
> caps, > I think staying back in the US, is nothing short of
> bold either..;)..j/k..
>
------- K wrote:
>
> Bold decision, S. Good luck with all your
> future
> endeavors!
>
> K
>
> --- On Sun, 5/4/08, S
>
>
> Hey guys,
>
> I am glad to inform you that we are moving back to
> India this month. I have accepted an offer with <xyzMultinational>
> India Development Center in Hyderabad. Just few days remaining now, so getting very busy winding things up... It's a very exciting time!! :)
>
> Cheers,
> S
Hehe.. I agree.. so I decided not to put my head under
any of those caps ;)
--- G wrote:
> K,
>
> Coming to think of it, with all that we are going in
> the US, with H-1B caps, with Green Card country
> caps, > I think staying back in the US, is nothing short of
> bold either..;)..j/k..
>
------- K wrote:
>
> Bold decision, S. Good luck with all your
> future
> endeavors!
>
> K
>
> --- On Sun, 5/4/08, S
>
>
> Hey guys,
>
> I am glad to inform you that we are moving back to
> India this month. I have accepted an offer with <xyzMultinational>
> India Development Center in Hyderabad. Just few days remaining now, so getting very busy winding things up... It's a very exciting time!! :)
>
> Cheers,
> S
hair Posted in Arm Tattoos
roseball
02-11 05:21 PM
Even if the Labor cert says "Masters" then as long as you had BS + 5 years experience before you filed for labor, to qualify for EB2, this should be ok.
This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.
Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.
Now coming back to the OPs case, I observe the following from the information posted so far:
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
- USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.
Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.
Now coming back to the OPs case, I observe the following from the information posted so far:
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
- USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
more...
WeShallOvercome
07-06 02:36 PM
They would just increase the fees , and we will paying them that money back.
State never looses...
Even in that case, all the benefits they were hoping to get from increased fees will be lost - and much more than that.
Average fee hike is $500 but average reimbursement of expenses would be atleast $1000
State never looses...
Even in that case, all the benefits they were hoping to get from increased fees will be lost - and much more than that.
Average fee hike is $500 but average reimbursement of expenses would be atleast $1000
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pappu
10-11 11:27 AM
will be glad to email, but so that all of us are consistent in our request, can you highlight what we are specifically asking for in lame duck session:
Is it SKIL bill, increase in visa numbers, or something else?
While we dont want to sound repetitive, it will help if we are all asking for the same two or three things.
do you think it will be helpful to have a generic draft of the email to send, which can be modified or not by each person sending it?
You can talk about how us competiveness is being affcteted.
quote February 2006 Economic Report of the President on IV homepage
basicall the first paragraph of IV site has info--
"Skilled workers are a small minority of U.S. legal immigrants. Of the 940,000 legal immigrants in 2004, only 16% were skilled employment-based immigrants. About 40% of these skilled immigrants had advanced degrees, or 5 or more years of experience after a baccalaureate degree. The impact of these workers’ contributions to American competitiveness belies their small number. They add to the process of scientific discovery, technology development, and innovation, which in turn leads to greater productivity growth. Greater productivity growth improves the standard of living for the U.S. population as a whole. Skilled immigrants not only contribute to the innovation process themselves, they also help train our own future innovators, thus ensuring the competitiveness of future generations"
You can talk abouty skil bill how it will help us innovation and also talk about retrogression and how 485 filing even if visa numbers are not available and recapture of unused green cards during the past years will help improve the quality of life for high skilled immigrants (engineers, doctors, professors, scientists, teachers etc). some information is here
http://immigrationvoice.org/index.php?option=com_content&task=view&id=71&Itemid=36 do not forget to mention IV name for more information.
nycgal369 if you could help draft a format on this thread and everyone could use it (with modification). Your help will be very valuable for everyone.
Is it SKIL bill, increase in visa numbers, or something else?
While we dont want to sound repetitive, it will help if we are all asking for the same two or three things.
do you think it will be helpful to have a generic draft of the email to send, which can be modified or not by each person sending it?
You can talk about how us competiveness is being affcteted.
quote February 2006 Economic Report of the President on IV homepage
basicall the first paragraph of IV site has info--
"Skilled workers are a small minority of U.S. legal immigrants. Of the 940,000 legal immigrants in 2004, only 16% were skilled employment-based immigrants. About 40% of these skilled immigrants had advanced degrees, or 5 or more years of experience after a baccalaureate degree. The impact of these workers’ contributions to American competitiveness belies their small number. They add to the process of scientific discovery, technology development, and innovation, which in turn leads to greater productivity growth. Greater productivity growth improves the standard of living for the U.S. population as a whole. Skilled immigrants not only contribute to the innovation process themselves, they also help train our own future innovators, thus ensuring the competitiveness of future generations"
You can talk abouty skil bill how it will help us innovation and also talk about retrogression and how 485 filing even if visa numbers are not available and recapture of unused green cards during the past years will help improve the quality of life for high skilled immigrants (engineers, doctors, professors, scientists, teachers etc). some information is here
http://immigrationvoice.org/index.php?option=com_content&task=view&id=71&Itemid=36 do not forget to mention IV name for more information.
nycgal369 if you could help draft a format on this thread and everyone could use it (with modification). Your help will be very valuable for everyone.
more...
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gk_2000
04-19 10:37 AM
Again the same Obama moonwalk show? No thanks. I dont think anybody will buy the ticket
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VivekAhuja
03-18 06:05 PM
10000 more homes is nothing. This is not INDIA. The economy is so huge that 10000 homes is a drop in the ocean. And is the Govt. going to believe that all 10000 immigrants are going to buy homes? 75% of them won't qualify for new mortgage rules.
Plus, what is stopping you from buying a home right now?
Plus, what is stopping you from buying a home right now?
more...
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vinodmp
02-10 11:04 AM
Any Ball park amount I should expect as attorney fee for the MTR ? I know some one mentioned about a CA attorney who does it for $500 but since I don't have H1 as backup , incase if I need switch back to the 2nd employer it is better to keep the current attorney ( 2nd employer ) . looks like he may not come cheap . they asked whether I want to file for Adv parol and it will cost attorney fee $800 . ( I don't have a clue why asked when my I485 is in denial stage) .
I looked at the I290B form and looks not so complicated.
But in this situation I do not want to take the risk of filing myself .
Thanks
-vinod
I looked at the I290B form and looks not so complicated.
But in this situation I do not want to take the risk of filing myself .
Thanks
-vinod
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svgupta
05-18 04:09 PM
I "think" that we have had a good number of "new members" signing up for IV in the wake of recent events. And am sure that quite a number of the new members would have started contributing to their own "noble" cause.
Can we have an update from IV core about the "encouraging" number of "new" monthly contributions. Also, this may help make aware others who have joined, who are supposedly unaware of any such contribution.
Can we have an update from IV core about the "encouraging" number of "new" monthly contributions. Also, this may help make aware others who have joined, who are supposedly unaware of any such contribution.
more...
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neel_gump
07-19 03:06 PM
EB3-India PD Dec2003 / FedEx delivered it on July 2nd 10:35am at NSC
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bkarnik
11-08 09:35 AM
The new Democratic committee chairmen in the House will likley be the following:
Agriculture--Collin Peterson (MN)
Appropriations--David Obey (WI)
Energy & Water Subcommittee--Peter Visclosky (IN)
Armed Services--Ike Skelton (MO)
Armed Services Subcommittee on Strategic Forces--Silvestre Reyes (IN)
Budget--John Spratt (SC)
Energy and Commerce--John Dingell (MI)
Education and the Workforce --George Miller (CA)Financial Services--Barney Frank (MA)
Government Reform--Henry Waxman (CA)
Homeland Security--Bennie Thompson (MS)
Intelligence-- uncertain--either Jane Harman (CA), Alcee Hastings (FL) or Silvestre Reyes (TX)
International Relations--Tom Lantos (CA)
Judiciary--John Conyers (MI)
Transportation--Jim Oberstar (MN)
Ways and Means--Charlie Rangel (NY)
Agriculture--Collin Peterson (MN)
Appropriations--David Obey (WI)
Energy & Water Subcommittee--Peter Visclosky (IN)
Armed Services--Ike Skelton (MO)
Armed Services Subcommittee on Strategic Forces--Silvestre Reyes (IN)
Budget--John Spratt (SC)
Energy and Commerce--John Dingell (MI)
Education and the Workforce --George Miller (CA)Financial Services--Barney Frank (MA)
Government Reform--Henry Waxman (CA)
Homeland Security--Bennie Thompson (MS)
Intelligence-- uncertain--either Jane Harman (CA), Alcee Hastings (FL) or Silvestre Reyes (TX)
International Relations--Tom Lantos (CA)
Judiciary--John Conyers (MI)
Transportation--Jim Oberstar (MN)
Ways and Means--Charlie Rangel (NY)
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hetuweb
10-23 09:38 PM
I received my EAD last month. But no AP yet. However, i received an email from my lawyer today that.....my AP got rejected. The rejection letter is saying that I485 got approved that's why the I131 is rejected.....therefore, my lawyer is waiting for the I485 approval.....but my lawyer told me that I can expect my card soon.
I don't know how to react. The online doesn't have any update about the I485 status yet. They received my application on July 2, 2007.
congratulation on ur grand success of getting green card.
I don't know how to react. The online doesn't have any update about the I485 status yet. They received my application on July 2, 2007.
congratulation on ur grand success of getting green card.
pappu
10-05 02:02 PM
To add to this point. This is AFTER the implosion of CIR on the Senate floor. CIR was supposed to be the reason issues around legal highly skilled immigration were deferred.
So, after deferral, implosion of CIR, we yet get a line clumping these two. It is almost like a nicotine addict trying to break the habit. Media can be so close minded.
All I can say is what IV has done to try to separate these two issues, is nothing short of herculean. Now atleast we are seeing some semblance of a separation. I think the Rally in DC was a highly significant moment in this regard. I am also pleasantly surprised to see as much attention given to the immigrant visa issue (ie green cards) as was to the rest of it. Previously highly skilled immigration was thought to be tantamount to H1b visas. The issue of permanent green cards was a footnote.
We have tried very hard to separate ourselves and not be a hostage of other issues. Now there is more awareness on the greencard issue being separate from H1B. There is also more awareness that Immigration problem is not just about Illegals. There are legal immigrants too in this country suffering.
Pls post letters to the editor. Last week we are able to get CNN correct their incorrect reporting of the rally due to effort from everyone on the forum.
So, after deferral, implosion of CIR, we yet get a line clumping these two. It is almost like a nicotine addict trying to break the habit. Media can be so close minded.
All I can say is what IV has done to try to separate these two issues, is nothing short of herculean. Now atleast we are seeing some semblance of a separation. I think the Rally in DC was a highly significant moment in this regard. I am also pleasantly surprised to see as much attention given to the immigrant visa issue (ie green cards) as was to the rest of it. Previously highly skilled immigration was thought to be tantamount to H1b visas. The issue of permanent green cards was a footnote.
We have tried very hard to separate ourselves and not be a hostage of other issues. Now there is more awareness on the greencard issue being separate from H1B. There is also more awareness that Immigration problem is not just about Illegals. There are legal immigrants too in this country suffering.
Pls post letters to the editor. Last week we are able to get CNN correct their incorrect reporting of the rally due to effort from everyone on the forum.
H1b Guy
11-15 11:01 AM
Guys,
Thats what my Question is......how i am gonna prove it i paid 3k for my H1. They are deducting 500 (for my H1) everymonth from my paycheck in the name of CASH ADVANCE DEDUCTION.
I really want to teach them a lesson....so that they stop messing many vulenerable people like me who go to them every year. Could somebody tell me how i am gonna complain DOL in new jersey about this company and does DOL really takes any action.
Greencard is not i am much looking for......i am planning to go back to india after 2-3 years.
Thnx
Thats what my Question is......how i am gonna prove it i paid 3k for my H1. They are deducting 500 (for my H1) everymonth from my paycheck in the name of CASH ADVANCE DEDUCTION.
I really want to teach them a lesson....so that they stop messing many vulenerable people like me who go to them every year. Could somebody tell me how i am gonna complain DOL in new jersey about this company and does DOL really takes any action.
Greencard is not i am much looking for......i am planning to go back to india after 2-3 years.
Thnx