Friday, June 24, 2011

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  • EBX-Man
    05-10 09:44 AM
    Ignorant people will use this thread to talk rot about buying MS and other waste logic thereby bumping this thread but not adding any value to it. I hope the OP ignores all this and does the right thing by contacting educational evaluators for advise

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  • cbadari99
    05-13 04:05 PM
    As I see, most of you are missing the point. Instead of trying to understand, you showing the maturity of mind. The whole purpose of EB immigration is to meet the Demand(Job opportunities) vs the supply(immediately available candidates).
    When there are a lot of opportunities exists for EB3 level(skilled profession) and less opportunities exists for EB1(Ph.D/Executive Director), USCIS should give more no. of Visas to EB3, then EB1.
    A country cannot be built with only the kings, and not even a home can be built with only Ph.Ds(Nobody do the dishes).

    Unfortunately, Americans will claim that there are lot of Americans who can build homes and therefore no immigrants are needed to do that. They are less willing to do PhD so there is a demand for immigrants.

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  • styrum
    02-08 12:30 PM
    Some more relevant info:

    11. Does the SVP code indicate whether a Bachelor's or Master's degree is the normal entry requirement for the occupation?

    The SVP code for the occupation is relevant, but not necessarily determinative. SVP time can include experience, formal education, and any combination of experience and education. Thus, the SVP alone is not a guide as to whether the occupation requires a Bachelor's or Master's degree. Do not infer that a job requires a particular educational level based solely on the SVP rating. Of course, an advanced degree exceeds the allowable SVP for jobs at SVP 6 and below.

    This confirms that MS is OK for zone IV (SVP 7)!

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  • chanduv23
    02-11 12:06 PM
    OK. I received the Denial letter today and below is the extract from it.
    What does not make sense to me is that it said I140 revoked but in the next line it said I 140 revoked because it you did not meet minimum requirments for labor cert .

    This I140 was approve ( it was file for me ) and if they did have this question at that time , how come they revoke it now.
    Or is this is the way they normally denay the 485 ?

    I am in big trouble . ???

    You are applying on the basis of an immigrant petition for alien worker, for I140 filed on your behalf. However the same petition has been revoked.

    Since the approval of the visa petition files on your behalf is no longer considered valued, your application is here by denied.

    Please note that the Form I140 is no longer valid for porting purpose under section 106� of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be �unqualified� at the time of filing you are not eligible for relied under section 106� of AC21.

    The regulation do not provide for an appeal from this decision.


    A certified labor is needed to approve your 140. So your 140 was approved without labor?


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


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  • anancish
    07-26 07:15 PM
    My question involves employment and labor law for the state of: CA

    I have worked with a company on h1b from 1st jul to 12 nov in 2007 on h1b visa. They did not pay me for last 45 working days. My employer is telling about the following clause in in my offer letter:

    SALARY: You will be paid an amount equal to a 70% basis of your bill rate based on the understanding that you will work with us for a period of at least one year. If you leave Company before completing 1 year of employment your compensation will be adjusted to a $55,000 per year basis and the excess amount paid to you will be deducted from the last two months of your salary.

    Please let me know whether this is legal to have this kinda clause in offer letter. Is there any way to get my salary?

    Thanks much!


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  • nk2
    12-17 12:45 PM
    I signed up to for 20$ per month a while back. In addition I did many one time contributions.

    There should be an option for people to contribute smaller sums on a regular basis. I believe in the say 'little drops of water ...'. If the threshold is lower, there will be more contributions.

    In my opinion, the fear that folks that are contributing 50$ will switch to lower sums is unfounded. There is nothing that stops them from stopping their contributions altogether even now.

    Secondly, I did not answer the poll. The question is not very clear to me

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  • vinodmp
    02-10 02:00 PM
    Any one had luck with Infopass for Ac21 /140 revoke issue ?

    Last time when I had infopass visit, they just said what I sow in the web and created a SR .



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  • unknown123
    03-24 06:11 PM
    Thanks unitednations,

    The information was very helpful for me and others as well.

    I think my education evaluation and MCA degree doesn't specifically state that my Master's degree was a three year degree course.

    I now have a letter from University stating that it was a three year degree course and we are going for a fresh education evaluation.

    I think the lessons learned here is to make sure that the degree and/or EE should clearly state the duration of course.

    Any other suggestion or past success is highly appreciated.

    Also, my RFE respond date is April 22, 2011 and not March 22nd as mentioned in my orginal post.

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  • rajesh_kamisetty
    08-13 09:03 PM
    I will do the #3 and #4 by tomorrow EOD.

    It is nice to see that the senior leadership is taking notice of the 'pain' some of us are going through right now.

    Disclosure : I have already received 2 year EAD (thanks to IV). I have taken initiative to bootstrap the effort to help others who haven't been so fortunate. Since we are all in the same boat let us watch each others back for a change, instead of trying to backstab each other at every available opportunity.

    This is NOT a yet another case tracker /EAD tracker thread. I don't believe that just tracking stuff will change anything. Be it EAD issue or any other, real world action is needed to solve it.

    I have started this thread to guage the impact this issue has had on our community , how many members are affected, what actions have been taken by them, so that next steps can be taken. If a large number of members are impacted IV may decide to take up the issue.

    Here are the options available to applicants

    1) Call National Customer Service Center and create a Service Request (SR) to expedite the case
    2) Fax and mail a letter to Service Center requesting to expedite the case due to possibility of job loss. Since the burden of proof is on the applicant - a letter from the company that EAD is necessary for continuation of job may help.
    3) If steps 1 and 2 don't produce the results and CRs refuse to open SRs citing silly reasons, USCIS Ombudsman may be approached.

    Here's how you can do that -

    4) Approach your US Congressmen/women Representative/Senators. Every office has a different form for requesting Immigration help. They can open an inquiry with USCIS on your behalf.

    Following the above (4) steps is no guarantee that your case will be resolved. But it is necessary that we follow all possible avenues before the issue needs to be escalated. We shouldn't feel embarassed at the question "Did you follow up with all these avenues available to you?". Our answer should be - "Yes. We did all that and it didn't help". And we should be able to produce the proof that we did do all the four steps mentioned above.

    If you have done all the four or after you have exhausted all avenues, AND are willing to take it further - speak to the media, participate in possible IV campaign etc., post your details. We need members ready to go public with the issue if we want to succeed.

    Right now, I have started this as an individual initiative. But I am sure that IV will get involved once it's proven that a large number are impacted and there are enough members to turn it into a campaign.


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  • amitjoey
    11-08 04:32 PM
    Hindus could be anywhere in the world, not just India. Being a Hindu does not automatically mean you are an Indian. You could be a citizen of any country. So it does not establish the notion that it is an India centric website.
    Just like all Muslims are not from Saudi Arabia. They are in 100's of different countres and citizens of diverse nations from UK and Malaysia to Australia and Germany. Christians could be from Europe, Australia and India or the African continent or China and other parts of Asia. I personally know Hindus that are from Fiji, Trinidad, Singapore, Malaysia, Sweden, UK, Canada and they are not Indian citizens.
    Moreover, Diwali is for everybody, Just like X'MAS is. You can be an American and be a Hindu. So There is no question of IV getting targetted as India-centric or Indian issues-specific website.

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  • fall2004us
    08-04 06:30 PM
    Here is my recent experience,
    in the month of april my wife and I had received RFEs for 325 and birth certificate, we submitted the evidence and there was soft LUDs for almost a week, case status said a decision will be made in 60 days. I t is more than 90 days, so I called up the customer service (I very well know that they can't issue GC as the priority date is not current) I spoke to her as a layman and filed for a service request. Here is the email that I got:

    Dear Mr. XXX:

    On 07/27/2009 you, or the designated representative shown below, contacted us about your case. Some of the key information given to us at that time was the following:

    Caller indicated they are:
    -- Applicant or Petitioner
    Attorney Name:
    -- Information not available
    Case type:
    -- I485
    Filing date:
    -- 07/02/2007
    Receipt #:
    -- LIN-07-XXX-XXXXX

    Beneficiary (if you filed for someone else):
    -- Information not available

    Your USCIS Account Number (A-number):
    -- 0XXXXXXXX

    Type of service requested:
    -- Outside Normal Processing Times

    The status of this service request is:

    At your request, we have researched your inquiry regarding your I-485 application. Our records indicate that you are the beneficiary of an approved I-140 petition (second preference) and that your priority date is October XX, 2006. There is not currently a visa available to you based upon your country of birth, your employment-based category and your priority date. Your I-485 application cannot be adjudicated until there is a visa available to you. Your case is therefore awaiting visa availability for your category and further review by an Adjudications Officer. We regret any inconvenience to you and sincerely appreciate your patience. We will notify you as soon as a decision regarding your application has been made. In the interim, you may review the status of your application by visiting our website at USCIS Home Page ( For information regarding visa availability, please refer to the monthly visa bulletin published by the Department of State at Visa Home (
    If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.

    U.S. Citizenship and Immigration Services


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  • wizpal
    02-25 01:00 PM
    I don't know how to open a thread to run a poll to track the number of people ready to send flowers to white house/president to highlight our case to buy houses if there is a a provision to approve GCs on a fast-track basis. With a substantial fast track fee (>4000 dollars) and 20% down payment toward house payment, we have a strong case. If we get hundreds of people ready to send to flowers, may be IV can make it an action item.

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  • bitzbytz
    06-25 12:14 AM
    My wife does not ahve paystubs from Oct 06 to Dec 06 and no W2 for year 2006. SO I would need a absence letter. Any for mat of letter would be appreciated.

    We have paystubs from jan 07 to Jun 07 and plan to leave in July after filing 485 and plan to re enter in August using unexpired H4 visa.

    I know of someone who used unexpired H4 visa inspite of being on H1 before leaving US

    Any issues with above scenario?


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  • eb3retro
    04-25 11:34 PM
    once again IV has proved that it is doing a marvellous job.

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  • pappu
    10-16 10:10 AM
    If you marry a girl after geting greencard you have to wait 5 years to bring her to US. So better yet, marry after you get citizenship :D which might be when you are ready to collect your social security
    Good to see some light hearted comments to help uplift our moods in the gloomy greencard situation.



  • casinoroyale
    06-25 02:41 PM
    " application is accepted ", just to be sure, you mean, its not " application is approved " ?

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  • oguinan
    11-08 11:35 AM
    The election results are ultimately good for us and our prospects for immigration reform in the new year. Despite the best efforts of our friends on the other side of this issue, immigration did not become a major issue in this election. No candidate won or lost because of their position on immigration alone. This is partially due to the fact that the president has recently signed the bill to build a wall on the southern border. With such a clear, physical, image of immigration enforcement in place, no reasonable candidate could ask for a more strict immigration law.

    The president has argues for CIR since his campaign in 2000. We know that our specific issues have strong support amongst both parties as evidenced by the fact that many or our requests were placed in the Senate immigration bill and passed without debate.

    At this point, The President and Congress will want to pass any laws that they can agree on - particularly if both sides can claim it as a victory for their core values.

    Nancy Pelosi is my representative here in San Francisco and I have spoken with her immigration field reps. a number of times. From my discussion, my impression was that immigration reform is something that Rep. Pelosi wants to work for. She is less aware of our specific issues than she should be. This is something that we need to work to change in the short term.
    I'm feeling hopeful and energized after the election - here's hoping for a positive start in the new year!!

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  • bijualex29
    05-11 02:53 PM
    bkarnik is absolutely correct;

    06-12 11:57 AM
    Ron Gotcher said something similar... they may be trying not take any more
    applications from 2000-2009 until they finish the backlog. That may be one of the
    reasons why they may have retrogressed to 2000. Just my 2 cents.

    08-10 11:13 PM
    This is def not right...I checked out the 'News' section (see link below) on the website which published the come they have published only the Sept bulletin and NOT any other month's bulletin....

    Pederson Immigration Law Group, P.C. - News (

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