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  • arihant
    02-21 01:02 PM
    Has anybody heard the story of the canadian skater who was allowed to become a citizen in an expedited manner (she had one more year to go before meeting the 5 year criterion for eligibility after GC) just before the olympics. Actually, I think she won a silver medal at the olympics for the USA.

    Anyway, from what I hear, she had gotten her GC in 2002 and had been living and training in Detroit with her american skating partner. When she decided to participate as an american, but was not elibible to apply for citizenship until 2007. So, she contacted a lobbyist to help her with her case. The lobbyist was able to convince a michigan senator (not sure who this is) to help. The story is that the senator was able to include a measure in the bill signed by the President in Dec to make it legal for people in the situation such as the skater to apply for citizenship even when the 5 year period is not complete. The measure got passed when the president signed the dec bills.

    So, they filled her application, got the immigration services folks in Detroit to come out during the chrstmas holidays specifically for her, and got her the citizenship in time for her to get her passport for the games.

    So, my point is...if it is legal for the lobbyist to help her (a non-citizen) with her immigration case and it was legal for the senator to introduce the measure, why would it be deemed illegal to do what we are attemting with our lobby firm and our efforts to meet and talk to the senators and congress people?





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  • jahnavi
    06-20 12:29 PM
    jahnavi
    May i know when was your last fingerprint done, my PD is Aug 2003 and i had finger print done long back so do they need to do the fingerprint gain before approving?

    I gave type 2 Fp in 8/2006
    All fingers this year March again

    Good luck





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  • 140jibjab
    05-13 04:06 PM
    I have tried everything to come back together. but it has really reached a point of not return.

    my Pd Dec 03 EB3 India. Please I need advice





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  • willwin
    06-05 01:57 PM
    Yes it sounds EB3-I is very worst effected..with just fewer approvals...

    Is that mean FB,EB1/EB2/others etc.. using more numbers and due to this EB3 numerical limit reached??

    I dont think so. I believe that EB3 I would get the bare minimum they should get in a year if not more.

    I am not tracking approvals rate as such. But if, CIS hasn't used as many numbers have DOS reported, then as Ron suggested, dates will move forward for EB3 Ind.



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  • zerozerozeven
    04-08 05:04 PM
    Very interesting:
    They say that they will run Master's cap first, then put the leftovers into regular cap lottery pool. But it would be better for master's degree holders if they did it the other way around!

    We know the master's odds are better than general pool odds. Maybe about 50% vs. 25% this year.

    Think through the math! It would be more advantageous for Master's degree holders to go through the general lottery first, and only if they lose in general be put into master's lottery. Maybe there would be less than 20,000 general lottery losers with advanced degree, then there would be no need for another lottery, they would automatically get the 20,000 that's allocated for them.

    Is USCIS trying to screw Master's holders on purpose, or are they just bad at math and screwed them due to ignorance?

    The spirit of the whole master's cap law is to give master's holders an advantage. USCIS had a choice here of giving a small advantage (master's lottery first, then general) or big advantage (general lottery first, then master's) and they chose the smaller advantage.

    The whole fact that we're here thinking about the odds, just like horsebetting, is of course ludicrous in itself.

    Good luck to everyone in the lottery.

    Even horse-betting has some amount of skill level (of the horse) and knowledge involved when u place a bet...and to think about it....When I used to be in India, I was told why India is not improving is because meritocracy takes a back seat everywhere while in US people are rewarded based on merits. I now realize with the backlog and the H1B that things are worse out here. GC process is such a long and arduous process that it takes the most productive years of your life away by forcing to work in a company without a change in position. H1B has now become even more of a laughing stock because of the mega lotto we have every year and everyone could see this coming 100 miles away and pity that nothing was done for last 2 years to address this problem





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  • immi_enthu
    08-22 10:27 AM
    Murthy or Oh or Carl Shusterman or Greg Siskind will have the contents in their website soon.

    murthy , yeah right. they will have it next month. "oh" will have it soon....



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  • ksurjan
    07-07 06:22 PM
    Condi Rice burshed the question about the DOS and USCIS fiasco. Bill CLinton has rightly said recently ..Law is minor obscacle for this administration.





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  • H1bslave
    11-19 03:35 PM
    Its okay, some folks do not see in-direct benefit to them, but once they see the value they will stop complaining. We shouldn't just stop due to opposition. I agree this doesn't provide direct benefit to all and it is expected that people will oppose. It is the nature of human being, I bet if you start a debate over EB-2 & Eb-3, lot of people from EB-3 will complain and who are from EB-2 will be all over to save their spot in queue, and those who have jumped from Eb-3 to Eb-2 will just be silent watchers. I don’t blame them either, this is the irony of being EB I/C, which builds so much frustration. But given the current situation, we have not been able to get anything accomplished in last year or so, and no big CIR in near future, we should start looking for ways to get small fixes, could be recapture, five year EAD-AP, discounting dependents, etc. There are so many avenues we could explore, don’t know which one may work, but if it works if benefits everybody in one way or other.

    my 2�


    Every time US STEM is mentioned, some losers shout it down. Not that it matters, but just shows the amount of support this idea has among desis.
    The general idea in a desi mind is "why should this other guy get his GC first".

    Good idea, but will not work since people cannot think outside the box. Most people think that if I cannot get a GC why should the guy in the next cubicle (who has a US Master's) get it. They don't realize that by taking the US Masters out of the regular queue, they would probably get their GCs faster :)



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  • go_guy123
    11-01 10:17 AM
    It is dark age for immigrants in America. They are just inventing ways to harass people. There shouldn't be a reason to issue EAD or AP in time. They have increased the fees several folds in recent years. They want us to run pillar to post for everything, be it work permit, travel document, driver's license...Just discouraging aliens to live in this country.

    You are dot on....it is the process of attrition....harass them enough that they self deport or leave...





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  • Abhinaym
    07-28 09:30 PM
    That was a very illogical reply to the per-country limit question. How come a large number of people from certain countries automatically eliminate people from smaller countries from getting green cards? That's an extremely dumb way of looking at it.

    If you remove the limits, yes most of the cards will go to people from India and China, THAT'S BECAUSE THEY'RE #$@!$ING BACKLOGGED FOR DECADES DUE TO THE LIMITS!!



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  • garybanz
    11-02 02:16 PM
    Papu,

    Is IV in a position to check with USCIS on the official guideline for this issue?

    Thanks.


    Questions for everyone to research and post the answers------


    -- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.

    -- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.

    -- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.





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  • immuser
    08-08 12:11 PM
    Good question. I am in the same situation. My GG was approved Aug 6th and happen to attend an interview the same day.
    I already used AC21 and may have used it second time for this if GC was not approved. So question is can you switch jobs within day of receiving CG ?

    From forum search, it does seem ok to switch jobs. Its hard for me to find a valid reason on why we need to stick to the employer for 6 months or 1 yr.
    There are cautious people (to say it right, paranoid people to put it blunt) who will not use AC21 or have the theory of sticking to employer for 6 months or 1 yr.

    I am still pondering, but leaning strongly towards switching job if the offer is good.



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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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  • kviswanathan
    08-06 06:19 PM
    My case
    PD:April 5 2004
    RD:July 2 2007
    ND : Sept 10 2007
    I140 Approval: Feb 15, 2007
    Status: Pending
    Service Center: NSC



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  • bigticket
    08-23 05:58 PM
    My PERM was filed on 30th March, approved on Aug 11th, received approval copy on 18th Aug, and I-140 to be filed this week.

    There was a lot of prep work involved before filing PERM in March. My employer agreed to start the process in Oct'09 and the lawyers started the ads in early Jan.

    Thank you so much for all the details..appreciate it. Will begin our way towards EB2 and will update with any important info.





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  • gc_maine2
    12-28 03:32 PM
    Very good point logiclife. what happens in this following scenario when 140 is approved and when 140 is pending.

    Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.

    Thanks
    Sree


    No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.

    AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.

    You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.

    H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.

    H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.



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  • Suva
    04-16 03:59 PM
    That is accurate I have done 10+2+1+3

    For EB3 one needs to show 4 years of degree and 2 years of experiance. Normally every degree year is equivalent to 3 years of experiance. I don't know how USCIS sees diploma. In your case a very strong evaluation certificate is needed.





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  • indio0617
    12-20 12:42 PM
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  • gsc999
    08-31 02:45 PM
    Wear the Gear:
    California, thanks for showing your support! If you are on the fence and still deciding to attend the rally or not. Do what the sheep did, jump the fence and put the issue to rest or sleep :)

    I ordered my IV T-shirt, it looks cool, with California printed on the back. It takes a couple of days in the mail so order now. I am excited about the event, it would be fun.

    Flaunt that Flag:
    We are ordering American flags and California state flag for the rally.
    Who wants to carry the California state flag at the rally:)? This is an honor so who ever volunteer's first gets to hold it and probably get on TV. You will represent the Silicon valley.

    Guys in Nor. Cal. Can you help me carry some stuff to DC? I have some T-shirts I need to get to DC.





    lazycis
    02-11 04:17 PM
    It looks like NC was completed. "Requirement review" means that they are trying to determine whether your marriage is still valid after all these years... Do not take it close to your heart, I found out that the USCIS letters are not very credible.





    rvr_jcop
    02-17 05:18 PM
    it probably means.. they are opening each and every mail they have recived and checking if the docs are in order or not..if they are.. they file it...else they send an RFE...

    i dont understand..how someone can be so f@#$% dumb as not know this simple procdure..

    there are so many posts..i got a LUD what not.... its annoying...
    its like.. USCIS touched my lu(n)d..will i get a GC now..

    grow up ..
    i may have offended some purists on this board.... idgaf..<:-|

    I understand your frustration but people here are just wondering if they get LUD, are they also getting RFE, if you see the posts above, lot of fols who sent the apps in that period got LUDs. It doesnt hurt to follow the trend. So be cool ..

    And we certainly dont need the 'language' here.



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