chanduv23
02-23 02:05 PM
Assuming that AC21 documentation does reach my file, is there any harm in it?
I am not sure, but I have heard that most cases go through just fine because AC21 protects you, but only when ex employer withdraws the support for 140, some officers may want to ascertain that the new job is satisfying AC21 criteria and may ask foer more information than that was provided - now all this is based on what people talk about in the forums and on my discussions with people, as such, if you are doing everything by law there should not be any issue
I am not sure, but I have heard that most cases go through just fine because AC21 protects you, but only when ex employer withdraws the support for 140, some officers may want to ascertain that the new job is satisfying AC21 criteria and may ask foer more information than that was provided - now all this is based on what people talk about in the forums and on my discussions with people, as such, if you are doing everything by law there should not be any issue
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miguy
06-18 03:37 PM
thanks for your replies desi3933........is there any way one one can apply for H4 extension/stamping at the consulate based on the receipt of the H1b extension filing ?
roseball
02-12 02:05 AM
**************
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned. --> just found out that it did say BS+ 5 exp is ok - 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.
**********
Since the application do say BS+5 years and I have copy of the Edu evaluation which says Master equivalent , I do see a good chance now to re-open the case .
Mine is not a labor substitute. ( just to clarify)
Thanks
-vinod
That one phrase in your LC requirement could turn out to be a life saver for you. Can you further clarify the educational/experience requirements mentioned in LC. Was it Masters or equivalent with zero experience OR Bachelors with 5 yrs of progressive experience? Your educational evaluation should meet atleast one of the requirements mentioned in the LC. Either Masters or Bachelors + 5 yrs exp. I think for your educational background (non 4 yr BS degree), I feel more comfortable with getting the evaluation done to satisfy the BS + 5 yrs requirement rather than going for Masters equivalent. NSC is known to be strict w.r.t 3 yr BS degree when it comes to EB-2 cases. However, since your initial evaluation showed you as holding a masters equivalent, I am not sure if its a good idea now to try to defend your case with BS + 5 yrs equivalence. A good attorney would be able to guide you through with this. I also suggest you to consult any reputed attorney regarding this and get feedback on your company attorney's plans and not just blindly follow what your company attorney says.
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned. --> just found out that it did say BS+ 5 exp is ok - 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.
**********
Since the application do say BS+5 years and I have copy of the Edu evaluation which says Master equivalent , I do see a good chance now to re-open the case .
Mine is not a labor substitute. ( just to clarify)
Thanks
-vinod
That one phrase in your LC requirement could turn out to be a life saver for you. Can you further clarify the educational/experience requirements mentioned in LC. Was it Masters or equivalent with zero experience OR Bachelors with 5 yrs of progressive experience? Your educational evaluation should meet atleast one of the requirements mentioned in the LC. Either Masters or Bachelors + 5 yrs exp. I think for your educational background (non 4 yr BS degree), I feel more comfortable with getting the evaluation done to satisfy the BS + 5 yrs requirement rather than going for Masters equivalent. NSC is known to be strict w.r.t 3 yr BS degree when it comes to EB-2 cases. However, since your initial evaluation showed you as holding a masters equivalent, I am not sure if its a good idea now to try to defend your case with BS + 5 yrs equivalence. A good attorney would be able to guide you through with this. I also suggest you to consult any reputed attorney regarding this and get feedback on your company attorney's plans and not just blindly follow what your company attorney says.
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floridasun
12-30 09:33 PM
EB3 I-140 approved - priority date 2006. no growth/promotions. Cannot switch to another Employer as I am close to 7th year on H1B. I am now officially a (white collar) slave.
more...
saileshdude
08-11 07:37 AM
But is it legal for them to post it in its entirety before DOS does?
Did someone try to call the number listed in the bulletin as it says that the cut-off dates are available on the phone too. I tried that and it is still saying Aug bulletin.
Did someone try to call the number listed in the bulletin as it says that the cut-off dates are available on the phone too. I tried that and it is still saying Aug bulletin.
ItIsNotFunny
01-15 03:00 PM
I have been thinking for a long time to own a gun but due to my H-1B status could'nt own one. My I-140 was approved last year and now I am working on EAD.
I am wondering if anybody else in a similar situation purchased a gun; I mean after he/she started working using EAD. I tried to research the issue but the law is not clear on the subject.
whome do you want to kill buddy?
I am wondering if anybody else in a similar situation purchased a gun; I mean after he/she started working using EAD. I tried to research the issue but the law is not clear on the subject.
whome do you want to kill buddy?
more...
cpolisetti
04-26 05:24 PM
I did notice several blogs on net, but my intentions were more about if any journalist can write article similar to WP on the main page it does get bigger coverage. We could request them to include the IV web addy which will help more people to sign and possibly contribute.
but saw 10 postings about IV in Indian (desi) sites., like www.kcdesi.com, one from Detroit, one on Sulekha and a few other Chinese sites. I guess these are blog posts. If it is useful, I will post each or all of these. Even, some Canadian sites have picked up issues listed in IV home page ( and probalbly spinning them to their advantage)
but saw 10 postings about IV in Indian (desi) sites., like www.kcdesi.com, one from Detroit, one on Sulekha and a few other Chinese sites. I guess these are blog posts. If it is useful, I will post each or all of these. Even, some Canadian sites have picked up issues listed in IV home page ( and probalbly spinning them to their advantage)
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Almond
01-01 06:31 PM
Thanks Almond... your post summarizes exactly how ppl in my position feel. one of my frds did MBA from top 20 B-school but could not change to a new job in management career becoz his I-140 approved but did not file for I-485 yet and worse yet he crossed 6 year H1b. now he is also living on 3 year h-1b extensions with approved I-140. when he was venting his frustration like me, one a$$hole (GC holder) suggested he move back to his home country. funny thing was this a$$hole got her GC becoz she married some bakra who already applied for GC. within 6 months after she arrived in US, her huby got them GCs. This dumb wothless piece of $hit doesnt know how hard (impossible ?) to get GC in this lifetime becoz she got it in 6 months :mad: .
Yeah, and that's another thing. There are a lot of insensitive people out there who don't really know the meaning of sympathy and who think out of their butts. That is why when you feel like venting out you need to really select people that are more compassionate. No one expects a pity party, but at the same time no one should trivialize something as serious as this or give "advice" that is idiotic and that even they, had they been in this situation, would not do. I feel terrible for your friend because he has such education and is stuck like this. It feels like you're wasting the best years of your life just waiting. There is nothing that I or anyone can tell you or your friend to make you feel better but please listen to me and learn from my mistake, and tell your friend, too: DON'T WASTE THIS TIME. If you need to volunteer somewhere to use skills that you have that you are not allowed to use on your present job, DO IT. Or if you can take classes to learn new skills, DO IT. Find a way to be more than what you are now so that when this is over you are not just "floridasun, man stuck in the same job for 10 years" When you finally get out of this hell hole and someone looks at your resume and says, what, you did this for how long!? Then you can say, well I had a special situation, however, sir, look at these other things I have done.
Yeah, and that's another thing. There are a lot of insensitive people out there who don't really know the meaning of sympathy and who think out of their butts. That is why when you feel like venting out you need to really select people that are more compassionate. No one expects a pity party, but at the same time no one should trivialize something as serious as this or give "advice" that is idiotic and that even they, had they been in this situation, would not do. I feel terrible for your friend because he has such education and is stuck like this. It feels like you're wasting the best years of your life just waiting. There is nothing that I or anyone can tell you or your friend to make you feel better but please listen to me and learn from my mistake, and tell your friend, too: DON'T WASTE THIS TIME. If you need to volunteer somewhere to use skills that you have that you are not allowed to use on your present job, DO IT. Or if you can take classes to learn new skills, DO IT. Find a way to be more than what you are now so that when this is over you are not just "floridasun, man stuck in the same job for 10 years" When you finally get out of this hell hole and someone looks at your resume and says, what, you did this for how long!? Then you can say, well I had a special situation, however, sir, look at these other things I have done.
more...
VivekAhuja
06-30 02:12 PM
Even though Freedom_fighter's intentions are right, the intelligence is too low. Did he/she suddenly wake up and think 'WOW, I HAVE AN IDEA THAT WILL CHANGE THE WORLD. 600 million legal immigrants have not thought of this but I did?????".
The judge will dismiss such a case at the start by saying "please produce the culprit who put a gun to your head and told you to come to this country".
The judge will dismiss such a case at the start by saying "please produce the culprit who put a gun to your head and told you to come to this country".
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reddog
02-23 12:23 AM
“All my life, I had the option to choose between hate and love. I chose love. And that is why I am here today.”
AR Rahman after winning his 2nd Oscar on Feb 22, 2009.
That truly is the thought of an average indian, outside India.
AR Rahman after winning his 2nd Oscar on Feb 22, 2009.
That truly is the thought of an average indian, outside India.
more...
whiteStallion
06-06 02:55 AM
Hi
I want to bring my wife on H4.
Its been 2 months since I am in US and I have been working since last month i.e. as of now I have only 1 paystub.
Will this be enough for her H4 stamping in INDIA.
Thanks
You need atleast 2-3 paystubs, employment verification letter from employer, bank statements with a decent balance etc among other documents.
I want to bring my wife on H4.
Its been 2 months since I am in US and I have been working since last month i.e. as of now I have only 1 paystub.
Will this be enough for her H4 stamping in INDIA.
Thanks
You need atleast 2-3 paystubs, employment verification letter from employer, bank statements with a decent balance etc among other documents.
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GCKaMaara
04-06 12:02 AM
All,
The object of this thread is straightforward - it is to understand if you as a donor member will contribute more $ (or start contributing!) if you get more regular information updates (weekly?) from Core? I know there was a funding drive in March which led to us meeting the goal of $10,000 (and then some). However, while there has been a new goal of $10,000 created for April, we have made little progress towards that. As someone who contributed $100 the first time round in March, but haven't yet made a contribution towards the April funding drive, I can admit that one of the primary reasons for this is because there has been very limited information shared since then. While I COMPLETELY trust in the fact that the Core team is making every effort humanly possible to further our cause, I am also a member of the human race that by nature seeks information and looks for leadership to be more sharing about progress. I personally believe transparency is a key enabler not just to gaining participation and building momentum, but also to creating innovative solutions to problems by engaging more individuals in the process (borrowing this "leaf" from President's Obama's playbook will be highly beneficial to our casuse)
Let me clarify this is NOT an indication of lack of trust in Core NOR do I believe that there isn't a sincere effort being put in by a whole bunch of dedicated individuals. However, my suggestion is simply an idea to further the cause - would definitely like to hear how the rest of this immigration community feels!
Thanks for your participation in this poll.
Cheers
P.S: Just to be clear, I am referring to Regular Updates to DONORS i.e CONTRIBUTING MEMBERS
Answer to your question: Yes.
Few questions roaming in my mind:
1. I am not clear what is core? All I know is Pappu so far. Who are the other members? What do they do? What is distribution of responsibilities? Hows core team formed? Do we or "donors" elect core every year?
The object of this thread is straightforward - it is to understand if you as a donor member will contribute more $ (or start contributing!) if you get more regular information updates (weekly?) from Core? I know there was a funding drive in March which led to us meeting the goal of $10,000 (and then some). However, while there has been a new goal of $10,000 created for April, we have made little progress towards that. As someone who contributed $100 the first time round in March, but haven't yet made a contribution towards the April funding drive, I can admit that one of the primary reasons for this is because there has been very limited information shared since then. While I COMPLETELY trust in the fact that the Core team is making every effort humanly possible to further our cause, I am also a member of the human race that by nature seeks information and looks for leadership to be more sharing about progress. I personally believe transparency is a key enabler not just to gaining participation and building momentum, but also to creating innovative solutions to problems by engaging more individuals in the process (borrowing this "leaf" from President's Obama's playbook will be highly beneficial to our casuse)
Let me clarify this is NOT an indication of lack of trust in Core NOR do I believe that there isn't a sincere effort being put in by a whole bunch of dedicated individuals. However, my suggestion is simply an idea to further the cause - would definitely like to hear how the rest of this immigration community feels!
Thanks for your participation in this poll.
Cheers
P.S: Just to be clear, I am referring to Regular Updates to DONORS i.e CONTRIBUTING MEMBERS
Answer to your question: Yes.
Few questions roaming in my mind:
1. I am not clear what is core? All I know is Pappu so far. Who are the other members? What do they do? What is distribution of responsibilities? Hows core team formed? Do we or "donors" elect core every year?
more...
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nixstor
07-11 11:04 AM
Spoke with Amit at USINPAC. Looks like the dude doesn't know any thing and might be a summer intern and Mr Robinder Sachdev is in India right now, I asked for his contact info and he doesnt have it right now. He is trying to get his contact information and also escalating with his higher ups. He said that he is receiving a lot of calls from IV members. Dont fire up on this guy. He is just taking calls. I told him that its unfair to grab/steal credit with out mentioning the source and also pointed out how IV has been renamed to Emigration Voice in the original story.
IV should have a own press release refuting their claims, if we do not hear from them in a day or two. That way we can expose them right away and stop them from doing so again in the future. Other wise, this might become a common thing for them
IV should have a own press release refuting their claims, if we do not hear from them in a day or two. That way we can expose them right away and stop them from doing so again in the future. Other wise, this might become a common thing for them
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chanduv23
07-08 02:57 PM
One of my co-worker was in same boat. His desi employer revoked his I-140 when he took fulltime employement in 2005. He got his GC finally.
Thanks for the positive response
Thanks for the positive response
more...
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vinodmp
02-11 09:52 PM
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
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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dummgelauft
08-26 01:46 PM
Bump
more...
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485Mbe4001
04-09 05:15 PM
i tend agree with you, most of our forum topics start sensibly and then meander on...
The very reason why we join this forum so that we can, as whole, say something that may influence the law makers of this country to change the existing laws so that our problem with GC will be resolve.
Alot of times the comments in this forum are completely irrelevant and very insulting to the Americans. And here, we are asking them to please change your laws so we could live happily in their county. And if they say no, that's their right.
I am as frustrated as anyone here and I know people from other countries including Australia, Philippines, UK and China who have been waiting for years as well.
If we could please make our comments "not country-centric", I am sure more people will join this forum.
I know several people are not participating in this forum anymore because they are turned off by these country-centric comments.
It hurts, but that's the truth.
The very reason why we join this forum so that we can, as whole, say something that may influence the law makers of this country to change the existing laws so that our problem with GC will be resolve.
Alot of times the comments in this forum are completely irrelevant and very insulting to the Americans. And here, we are asking them to please change your laws so we could live happily in their county. And if they say no, that's their right.
I am as frustrated as anyone here and I know people from other countries including Australia, Philippines, UK and China who have been waiting for years as well.
If we could please make our comments "not country-centric", I am sure more people will join this forum.
I know several people are not participating in this forum anymore because they are turned off by these country-centric comments.
It hurts, but that's the truth.
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dilipb
06-23 04:15 PM
Hi dilip,
Where do we get the A# from ?
Look at your current EAD !!!!!
It has that A#
Where do we get the A# from ?
Look at your current EAD !!!!!
It has that A#
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a1b2c3
11-02 01:57 AM
I was very disappointed at infopass five months ago for 140. The person did not even know the difference between EB2 and EB3. So, I am reluctant to waste any further time. My job keeps me traveling out of town 3 days a week.
Fingerprinting for my EAD was in June08, spouse and daughter in Sep07. Is there a separate Biometrics required for 485? How do I find out about NC clearance? Thanks for your help.
Five months is a long time and immigration officers keep changing. Take multiple infopass apts.
If it amounts to misusing it, to hell with it. I got mine my status update via infopass. The first time the IO was curt initially but said he was ok with giving out NC status update as they don't publish it online.
Fingerprinting for my EAD was in June08, spouse and daughter in Sep07. Is there a separate Biometrics required for 485? How do I find out about NC clearance? Thanks for your help.
Five months is a long time and immigration officers keep changing. Take multiple infopass apts.
If it amounts to misusing it, to hell with it. I got mine my status update via infopass. The first time the IO was curt initially but said he was ok with giving out NC status update as they don't publish it online.
imneedy
06-25 10:30 AM
Guys, I eFiled for EAD and AP renewal yesterday. I am not clear about documents to be sent for AP. Also do I need to send pictures?
Appreciate your response.
Appreciate your response.
helix
06-13 03:55 PM
According to the report, there are 100K to 150K applications pending to be processed (guessing PD is current and hence includes dependents) and 500k to 750k applications expected if PD becomes current. If we assume 2.1 dependents on an average, this comes to 1M - 1.5M applications if PD is current. So is the total 1.1M - 1.65M? Does that sound right?
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