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  • s416504
    02-12 12:24 PM
    You said Labor do says BS+5 year Exp. is OK.
    If nothing comes up...Check if your original employer files New I140 to consider you in EB3 instead of EB2 using same labor.


    digging through my old documents now.

    I was mistaken reading the labor cert application. It did say "we accept BS + 5 years progressive experience".

    I am 3 year Eng diploma + 1 year Eng post Diploma + 10 year exp in India + 5year Exp in US before filing Labor Cert .

    I do have a copy of the Educational evaluation used by my old attorney which says US master equivalent.

    As one member pointed out , there is a possibility that my original employer might have sent a letter saying Labor cert has mistakes but I have no way to confirm that . Or it could that the Officer is just trying to find any small thing to make the case deny.

    I am digging all my old docs to give it to my attorney and see what he is going to day .

    Thanks for all the support folks .
    -vinod





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  • HV000
    11-08 10:13 AM
    Happy Diwali Everyone!!





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  • ramaonline
    09-06 02:23 PM
    We are planning to visit India in Nov 08 after three years. I would be using my AP to return after 4 weeks. My wife is planning to stay there for seven months and plans to return using AP. Based on what I see on this thread, seems like it would be very risky for my wife to use AP to re-enter after a seven month period.

    I'm still working on H1B and my wife on H4 ( although she has an EAD, she doesnt work). We have H1B approval valid till March 09. My wife would be re-entering in June 09. I'm in the process of renewing my H1 and H4.

    If my wife gets her H4 stamping then she can re-enter in June 09 using H4 visa. I plan to re-enter using AP in Nov 08.

    I am also planning to consult my lawyer. Would this work out? Gurus, pls. help

    No need to use AP to travel when you are in valid H1 status, and are continuing to work with the GC sponsoring employer. You can use the valid h1 stamp to reenter without any risk to the pending 485

    Spouse can travel and reenter on H4 even if she has a valid AP provided that you maintain H1 status. Note that H4 is a derivative of H1 status. H4 status ends once EAD is used for work purposes. If the EAD is used for work, then it is safest to travel and re-enter on AP.





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  • ashkam
    06-28 02:18 PM
    i need big help with my 140 filed in Premium Processing
    and i did not get my receipt to file 485
    applied it on Jun 20 2007 (this month)
    any way i can get some copy of the receipt to file 485?

    I thought you just needed your receipt number to file for 485, not the physical receipt.



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  • skd
    12-31 03:17 PM
    I prayed god to get my GC before 2008.If God really exists I'll get my GC in 2008.If not it's a proof that God doesn't exists.

    I'll have to wait for few more hours to prove.

    How Simple is the Test ..for the existence of God...Why GC you can do some easy tests too like

    Throw a glass Jar from 10th Floor of builing to the hard ground and if Glass JAR does not break then God exists other wise not
    You can apply for job and don't appear for interview and if you still get a job then god exists otherwise not





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  • mrsahaayam
    03-15 10:39 PM
    Thanks Belmont for support, as explained in other thread for some guy who is beating me or people like us, it's a mistake/accident. It can happen with ones mistake or without mistake (Car accident).. Some one get caught and some one don't... as example I knew many people who steal/use office supplies in the company they work...

    Thank you guys for your replies..........

    Hope god helps!!!

    Cheers :)



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  • sanju
    03-02 10:40 AM
    In short, what I am trying to say is members are doing what they can in these tough times. Definitely they can and will do more if we have some directions or flexible campaigns.
    we have what we have in terms of participations, donations etc ..why not have an easier campaign (flower/letter) which will get maximum participation and also show that something is happening.
    as for media campaign ..sooner or later more confident speakers will come forward (who knows ..maybe many present members are not confident speakers or media shy)



    The problem that we (including myself) have is work life is more hectic and tense now, since layoffs are happening in front of our eyes. and hence if we have campaigns like going to DC or to go for media interviews ..it is very difficult.


    Wow how did I miss this one. So you only want campaigns that are easy, flexible, not difficult, something we can do without moving our a$$, something that doesn't involve speaking with anyone including reporters, lawmakers/decision makers etc etc. Well thats too many specifications for how and which type of campaigns you want to participate. Do you expect Senators and Congressman to log on to this forum to find out the problems albertpinto is facing because he is a good guy, right?

    I agree things are going to get real VERY VERY bad soon. Things that most us find difficult right now will sound like cake walk as compared to what we are about to experience. So hang tight, we are in for a ride that no one has experienced before. I think things will be so tough that in the future we will remember these times as good times. So design your specifications for the "easy" campaigns and feel good about writing on some blog expecting some Senator will read your post and notice your competence to FedEx you your green card. For now lets count those fantasy land easy campaign of yours.




    .





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  • gsc999
    09-25 09:15 PM
    I agree with both the ideas.
    In fact the idea of the banner with 'Waiting for X years' is fantastic ..
    That would be an amazing sight where everyone holds placards that say since when they have been waiting.
    If it's even 400 people .. we have 400 people saying look we've been waiting since 5,7 or 9 years.

    It's also important to get in heavyweights like either local folks like Google HR head or any public face. Google has always supported the Immigration issues .. since they have problems because they couldn't hire folks when the h1 lottery happenned.
    --
    vivache,

    Thanks for the good ideas.

    Can you PM me your ph# so we can chat. It would be great if you can take on this action item of organizing rally at the company campus you work for, it is pretty respectable company and I know this because I cover the semiconductor space. I think your example will inspire others to conduct a similar event at their campuses.

    Please let me know what help you need from me.



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  • shouldIwait
    07-17 06:51 PM
    This is a good discussion. Hope others benefit from it !

    I recently purchased 250K term-insurance policy for $11.66 per-month from NY Life. I'm 30 yrs old and qualified for their top-level health rate (eating right and exercise has financial benefits !). I guess they are the only good ones who sell policies to H1. Also, my policy has terminal illness coverage meaning that they'll pay out the amount in-case of terminal illness even if I'm not dead. I have another 100K coverage from employer (no cost). I'm not covering 10 times my current salary but I'm calculating by using equivalent Indian salary and not US. I consider myself amply covered. Also, my policy will remain active even if I decide not to wait for GC and move to India.

    Now my 2 cents about Term vs. Whole Life debate. It doesn't make any sense to buy whole-life at young age. But since the cost of term maybe prohibitively high at 60+ one should convert to whole-life at some point unless one can find/buy a fixed rate policy till 80 or something (plan to die a little b4 that :D )





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  • casinoroyale
    07-01 04:05 PM
    I selected INDIA-INDIA and got my AP approval

    Thanks



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  • swamy
    06-12 01:35 PM
    most of you seem to presume spillover from future years flowing to India- is that guaranteed? how abt a surge of armenians or bangladeshis using up row #s, which I presume at some point will start moving and head toward C much much faster than India..we're all basically screwed & will be responding to rfe's on retirement day which will be truly sad if/when we have same/similar job then....





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  • vin13
    08-02 05:21 PM
    Of the hundreds of thousands of July 07 filers, who paid a mere $325 for their I-485 application, do you think USCIS will devote the time/effort to constantly keep track of the applicant's eligibility of 485 over the next several years???? It will take atleast 4-5 years for several of us to finally get a visa number. Several of us will move/have address changes during these years.

    It took them 2.5 years to process these...imagine the nightmare if they were to try doing subsequent rounds....

    Keep in mind that 485 eligibility is not just tied to employment but also FBI name checks etc. Do you think USCIS will keep on doing name-checks every other year, or issue EVL's every other year if/when they see for instance, an address change?

    Dude...USCIS is already on its way of bragging to the congress that it has pre-adjudicated all these 485 applications. I think if they touch these pre-adjudicated applications, then someone has to answer to someone of what is going on...why haven't you still worked on this? why are you devoting your time to these old 485 applications when there are new ones yet to be processed.

    I think once the application is pre-adjudicated...that's it!! I don't believe USCIS will spend anymore time and resources to these applications again...until a visa number is available from DOS and they apply the number to the pre-adjudicated application....my 2 cents!

    If you read what i said earlier, i mentioned "There is a high chance that a pre-adjudicated case may just get an approval when the visa numbers are available". The probability of RFEs could be low. The point that i was trying to make is that if someone is looking for guarantees that may not be established with Pre-Adjudication. If you see my signature i have already changed jobs twice using AC-21. Its not a big concern to me.



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  • mbhang
    04-08 02:32 PM
    If there is unity, and all of us walk out with all our money, this would definitely get the attention of the lawmakers.

    I suggested the same action last year. Right now, waiting for 485 (EB 2 LC took close to 6 years) - but I feel if 20-30K of us left (and take our money with us too, don't leave it here to work for this country) because we are being screwed by the stupid immigration laws, that will have a bigger impact in changing the laws than any lobbying effort possibly would.





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  • ramaonline
    04-09 07:41 PM
    Once you go back to your home countries - If your jobs can't be filled locally they will be sent offshore - The impact on the employers will not be too big for Congress to take notice.



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  • vivekm1309
    03-18 10:18 AM
    USCIS teleconferences for March are as follows:

    �Requests for Evidence (RFEs): How Do They Affect You?�
    Friday, March 28, 2:00-3:00 EST

    �The Green Card Production Process: How Is The Process Working For You?�
    Friday, March 28, 3:30-4:30 EST

    We look forward to hearing your comments, thoughts, and suggestions for improvement as well as any best practices you have noticed.

    To participate in these calls, please RSVP to cisombudsman.publicaffairs@dhs.gov. Please also indicate how you learned about the program as well as the city and state from which you are calling. We will acknowledge your RSVP and provide the call-in information before the calls.

    If you are unable to participate in these calls, stay tuned for similar upcoming programs which will be posted on our website, www.dhs.gov/cisombudsman. Also, if you have a topic of interest for a future call, please send it to cisombudsman.publicaffairs@dhs.gov.

    To receive automatic notifications about changes to our website, please sign up on our website at www.dhs.gov/cisombudsman.

    We appreciate your participation,

    CIS Ombudsman�s Office





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  • 485Question
    10-24 12:04 PM
    Keep us posted.

    Thanks



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  • srikondoji
    04-26 05:10 PM
    Now my friends living in other states facing similar problems have come to know about this coordinated effort and will likely contriute.
    We are soon going to have a weekend discussion group and see what we has a group can do.
    Great job.





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  • lost_in_migration
    05-15 01:14 PM
    /\/\





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  • mirage
    04-16 04:21 PM
    I agree with you.
    We do not have to go and sit down in their helluva offices to figure out what the heck is going on. My point is simple. As long as all the so called companies simply write software,provide services to US companies its back office. How much of software written is for native use? How much of the revenue generated by these companies is Indian based? With out infrastructure and manufacturing growing at at least 10% of the other growths people dream about, its nothing but a deck of cards doomed to fall any time. Enough of my rant.





    guy03062
    04-26 08:29 AM
    Wonderful work Aman & core team! Please keep it up!!





    Almond
    02-07 03:43 PM
    Sorry to hear that your 485 is denied....

    My question to all the gurus here...I wonder what happens to EAD and AP after you appeal 485 denial?
    I know that if your 485 gets denied then EAD and AP are void but lets say OP files 485 MTR(motion to reopen), does he have to reapply for EAD and AP or does that get reinstated based on the reciept he gets on 485 MTR?
    Should the person stop working till he gets 485 MTR receipt or till he reapplies for new EAD and gets the approval?
    Just curoius to know as these days denials seems to be the trend at USCIS and it would be helpful for all those who rely on EAD only and not sure what to do when there is a 485 denials for what ever reason.

    FYI...I am still maintaining my H1 and also have a EAD but plan to switch to EAD only and not renew my H1 this year.

    You do NOT have to apply for another EAD. You're safe to go back to work as soon as you receive your MTR receipt. I am sure most people work even while they're waiting for the MTR to be received by uscis though but shhh. I have never heard of a case where the uscis wanted to make sure the person didn't work while they were waiting for their MTR receipt to be sent out. Can you imagine them doing that to someone after their own officer denied the case in error resulting in an individual having to pay 500 bucks to reopen the case? Slap after slap in the face.



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