Saturday, June 25, 2011

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  • stevensjd
    07-31 03:13 PM
    Please end this BS (B***S***)..

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  • yebo123
    05-11 11:07 AM
    What are the odds that this deal will carry more weight than the one announced with great fanfare just over a month ago when CIR was on the senate floor? :(

    Nah, of course they would never pull a stunt like that again. I am sure W told them he was rather disappointed. So everythings gonna be OK. Lets go party. Just leave money for the plane tickets. :rolleyes: :D :eek:

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  • jthomas
    04-14 10:19 PM
    In the state of Mass delivery is covered by the State provided you show you don't have insurance. Millions of single moms are delivering and many are teenagers and many are w/o any insurance. Delivery is considered an emergency and you will be covered. Keep your spirits up and bear the always gets darkest before you see light again.

    All the best


    I don't know about mass but nothing is free in US. 911 is also not free. 911 bills big amount to the insurance company or sends you a bill if you don't have insurance. If one is not able to pay it it goes to the collection agency or state or charitable trust. All these features are free for Illegals. So better have insurance.
    As per obama's new rule, the company will pay 2/3 of the insurance and you will have to pay 1/3 of the insurance. The company will get the amount back as tax credit. In california the laid off person has to pay $100 for insurance and the rest will be paid by the company.
    Regarding EAD you are in Status and you can apply for disability insurance from the state. your husband can work in EAD.
    Don't stress yourself. Layoff is common these days.

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  • chris
    11-08 12:28 PM
    msgs like this help establish the notion that this is an indian website dedicated to indian immigration issues. I didnt see any post wishing happy Eid/ Eid Mubarak nor did I notice last year that anyone wished a Merry Christmas/ Happy Holidays, nor do we wish our Chinese friends a Happy Chinese New Year.


    Diwali is not only for indians, for everyone.

    Victory on evil.

    Evils are every where not only in India.


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  • natrajs
    10-02 10:44 PM
    Folks ,

    I will try my best, I work in North Jersey , Usually I leave from my office around 7 PM, I will let you know

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  • laborchic
    10-05 02:13 PM
    This is a good development. I used the same template and have sent the email to WSJ.


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  • gpurusho
    07-25 05:20 PM
    Received at Nebraska on JUl19th

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  • hebron
    04-22 07:39 AM
    I also got a RFE from nabreska , but finally got approved.
    Same Bsc + MCA
    I think , they do approve , just waste some time and money of everyone , before they approve.

    That's encouraging! I have lot more hurdles than the Bsc + MCA issue. My employer had filed my GC in EB3 and is now willing to refile under EB2, since I was promoted to a senior role. The company attorney though is hesitating to file under EB2, his reasons are as follows:

    1. 3 + 3 degree will not be approved under EB2. ( This is in response to my question about using my Bsc + MCA. My current role requires Master's degree or Bachelor's + exp. I do not want to use the experience (9 years) gained from my current employer. So I suggested we could use my master's degree + 4+ years of experience that I have before joining my current employer. )

    2. Attorney thinks Software Engineer role (EB3) and Principal Software Engineer role (EB2) are not 50% different. I agree that it is not 50% different. But my question to him was - "Does it (new role) have to be 50% different even if I don;t use the experience gained from the current employer". Haven't heard back from him yet.


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  • kittu1991
    08-26 06:40 PM
    As if things weren't enough complex, today my friend told me one more thing about finger prints. His PD is 2004 Sep EB2, so he called USCIS to know the status of his application. Then they told him that his finger prints got expired (as per them they expire after every 15 months). So they will invoke the notice to get him an appointment for finger prints. They also mentioned if finger prints have expired then they can't process the application unless it gets renewed.

    Although this is first hand information, I was very surprised and not sure whether or not to believe the information given by USCIS call center.

    The information that my attorney gave me was on similar lines. From what she told me its a good sign that I got my biometric appointment for next month when my PD is current. You never know, its USCIS.

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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 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.


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  • go_guy123
    07-30 02:59 PM
    That may be the unofficial version. Officially you can apply even you haven't worked or studied in Canada if you qualify as a skilled worker with a year of experience. You get extra points for having a job offer from a Canadian employer but not having one does not disqualify you automatically. I'm not talking about getting the GC. I'm just talking about the application process. Some kind of processing is needed even to reject an application and I do not think USCIS is capable of handling the increased traffic that switching to a point based system would result in.

    No its official. From Feb 2008 federal skilled worker class is restricted to people with 1 year Canada work or student experience or 38 occupations only.

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  • yagw
    09-20 01:42 PM
    LOA...means I am still employed without benefits my old company.
    what you said makes sense..this is how I am looking at it

    -join new company
    -donot send in ac 21 paperwork
    -if i have rfe send in paperwork from present employer which will only be a generic letter----(i don't know how much detail uscis likes)
    -the reason i want to do LOA is that this way i will be sure they will not revoke i -140
    -what do the gurus feel ?

    BTW--gave u green --thanks for the reply

    If LOA can stop the old employer from revoking I-140, I would say, go for it. But just make sure you don't land into any other trouble (like non-competent etc. just an example, may not be relevant in your case, but you get the idea...).
    Also, discuss with the new employer and make sure they are ok with supporting you in case of an RFE. From your response, looks like they might know what it is. What I can think of is, consult an attorney and discuss what kinda RFEs you can get that needs employer help (mostly EVL, ability to pay), prepare a sample response letter for both and check with the new employer they are ok with providing them if necessary.

    DISCLAIMER: I am not an Attorney and this is not a legal advice


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  • dummgelauft
    08-26 03:31 PM

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  • pani_6
    12-29 11:55 PM
    This is communist "POS"(Piece of shit) propaganda..dont worry about it..People here keep telling GOD BLESS AMERICA...Thats why's America is blessed with so much power and prosperity..GOD wonders its the only country in the world that daily asks to be blessed and prints its coins with "In God we Trust" wonder he keeps her safe and prosperous....




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  • skillet
    07-19 11:36 AM
    EB2 Delivered on July 9th / UPS

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  • indianabacklog
    06-18 02:00 PM
    USCIS issues Employment Authorization Documents (EAD) in the following categories:

    EAD: This document proves you are allowed to work in the United States.
    Renewal EAD: You should apply for a renewal EAD six months before your original EAD expires.
    Replacement EAD: This document replaces a lost, stolen, or mutilated EAD. A replacement EAD also replaces an EAD that was issued with incorrect information, such as a misspelled name.
    Interim EAD: If USCIS does not approve or deny your EAD application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim EAD document.

    If the EAD app is not approved in 90 days, we can request an interim.Doesn't sound like a big problem then.......Am i missing something? Some folks said Interim EAD have been discontinued....but this on their official website???

    I actually asked about the interim EAD thing while I was at my fingerprinting appointment at the local office. They do not have the equipment any more for producing these cards. However, if your application takes more than 90 days you can go to them and they will send an email to USCIS and you should then receive one within two to three weeks. I was told that calling the 1 800 uscis number and following up when things have gone beyond 90 days should have the same effect.

    I am more than a little skeptical that this would work out. Have yet to find out since my spouse's EAD has only been pending for five weeks at this point.


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  • hpandey
    06-25 02:58 PM
    I am applying for AP (new). Are they issued with 1 year validity or 2 years ( now that EAD is being given for 2 years)?

    AP's are still being given with 1 year validity I think. Only EAD's with 2 year validity will start from July 1st onwards.

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  • 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.

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  • Sree Swathi
    04-21 02:47 PM
    True, but the OP isn't proposing a law, if you read the first post, she is asking for permission :D with this kind of knowledge, such things will die in her inbox!

    Yes. a law will be good.

    10-14 12:37 PM
    I apologize as this is not completely relevant to this thread....

    Can someone confirm that there is no filing fees for EAD and AP renewal for people with I-485 receipt dates after July 30, 2007? That what's the instructions says, and I called up USCIS and they confirmed it. I just wanted to see if anyone on IV received EAD and AP without fees?

    Up until last year I was using a lawyer and they always made me pay fees for these application, so was wondering.

    I will appreciate your response.

    Thank you

    04-14 09:34 PM
    Thanks you all for the responses and help. We are searching for employers who can help me out in the situation. Most of them are thinking twice bcoz I am pregnant and have to take maternity leave within a 2- 3 weeks.

    Which will be the good option for me in this situation H1 transfer or EAD? I have EAD in hand, but never used. I like to maintain the status of H1-B as long as time permits. My husband is going to get health information next week once he joined in the job.

    YOu stated " 3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages".............

    THAT IS NOT TRUE. here is the fact

    1) Under HIPAA ACT , pregnancy CANNOT be considered as a pre existing condition by GROUP HEALTH coverage . This means you can also get health insurance by applying while u r pregnant.

    2) you have 30 days to enroll the baby after birth

    refer to these:

    Although, in my opinion the important thing you may want to know is "what is the waiting period for your husbands group coverage at his new job, is it 30/60/90 days?

    bottomline: if there is a waiting period for him(which means for you too inorder to enroll in his insurance) then you still have nothing to worry, you have COBRA.

    Either way you are SAFE and should be covered

    Like the other OP mentioned, Obamas adminstration passed a law where in you can tax deduct the cobra expenses too.

    So I dont see any problem whatsoever. So be cool, good luck to you and your family.

    I know some OP's are suggesting legal options, with all good intentions ofcourse, but personally, I would not think about it, atleast for now as you may agree that EOD mom and baby's health are paramount.


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