Friday, June 24, 2011

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  • Sheila Danzig
    04-19 11:13 AM
    There is an unpublished appeals office decision supporting the 3+2 equivalency to a US masters. It appears that some adjudicator do not necessarily follow the AAO decision however an attorney told me that if the case goes back to the AAO office then the AAO follows their own decisions. As far as I know the cases I am familiar with all were approved at some point (or are pending) when the AAO case was sited.

    As far as the 3 year bachelor degree equivalence to a US bachelor degree there are notes from an AILA liaison meeting where USCIS stating: "Credential evaluations that provide a details comparison of credit hours completed by the beneficiary for the 3 year bachelor's degree program with credit hour required by comparable U.S. bachelor's degree program." Exactly what is meant by this is not clear. However, one might say that this indicates that they are at least open to accepting the 3 year equivalency to a bachelors degree.

    Our experience is mixed. We have had many approvals when showing the 3 year degree equivalent to a US bachelor degree and we have had denials. In examining the differences it appears that when the attorney makes a strong case in addition to the evaluation the rate of approvals is higher. We don't have exact statistics since many clients do not report back.

    There are some cases where 10+2+3+2 got approved in EB2. But lately CIS has been interpreting the BS requirement to read single source degree. Combination of degrees to equate to the bachelors is not allowed for EB2 purpose.

    I agree, they had given approvals under EB2 with a 3 year degree. I have few friends who dont even have Indian masters (like MCA) after 3 year Indian degree (BSc , BCom) i.e 10+2+3+1 year diploma from computer institute, but got approved under EB2 and now citizens.





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  • SkilledWorker4GC
    07-08 04:40 PM
    He is considered among the future generation of leaders in america by the media. He is a front runner for vice president. He is the best political resource that could be used by IV. But he would not do anything as that would affect his image as a conservative republican. He doesnt understand the pain suffered by many who are not born here like him but are raised here (as white as he is), waiting for their GC as a dependent with the fear that if they turn 21 they will be deported seperating them from their families.

    why single out one guy, he is doing what is good for him. What do you expect if the even people registered on this site are not willing to do do something to help themselves. The attidude is i have EAD/AP i am free or I am EB1/2 its just a matter of time till i get the GC. Even the politicians are using us for their own agenda and to score political points.





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  • lazycis
    12-20 08:48 PM
    Good read here:

    Risk of GC Rescission for Failure to Notify Change of Job / Employer!

    http://www.murthy.com/news/n_risres.html

    http://www.murthy.com/news/n_apprea.html

    "The particular case has been issued a NOIR on the basis that the employer revoked the I-140 petition and there was no information on record indicating a qualifying position under AC21."

    That's the whole point. If you know that petitioning employer will not withdraw I-140, there is no need to notify the USCIS about the job change. Obviously it's in someone's best interest to notify the USCIS of invoking AC21 if there is a risk of I-140 withdrawal.

    And at the end, the GC was not rescinded even though the person did not notify the USCIS about AC21:

    "After about eight months of persistent follow-up on our part with the various federal agencies and AILA, we received a favorable decision for our client. It stated that, upon further consideration, the grounds for the rescission did not apply and that, after a complete review of the record of proceeding, the original approval of the Adjustment of Status Application was reaffirmed."





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  • GCOP
    04-22 04:12 PM
    I just wrote to the President on the link
    http://www.whitehouse.gov/Contact/

    I will also write to the Member of Congress and Senators of my State.



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  • conundrum
    08-22 02:16 PM
    Are you referring to an 'Online' degree by any chance?! Please tell me the name of this University where you get a M.S. in 3 semesters...
    Thats about 27 credits to get a Masters degree.. insteresting. No wonder they will never pass this bill into law.

    The assupmtion of 27 credits is wrong. You could take 4 - 5 courses a sem (about 12 -15hrs, the way undergrads do) and finish the MS from any good school that way in 3 sems if you are really into it.





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  • saimrathi
    07-06 03:18 PM
    Are you saying it will now be mentioned in tomorrow's (7/7/07) news telecast? That might be lucky for us then...

    as per NBC our news podcast has been bumped to tommorow as they got breaking news tonight. cannot put affiliations under the name as it might be against their policy.



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  • Michael chertoff
    10-26 04:11 PM
    Another news making. Advice to all of Youngster Indians and Indians here by the India's outsourcing chop shop IT messihah Infosys Chief.

    Don't look at IT industry as means to settle abroad: Narayana Murthy - The Economic Times (http://economictimes.indiatimes.com/tech/ites/Dont-look-at-IT-industry-as-means-to-settle-abroad-Murthy/articleshow/6815589.cms)

    Mr. Sakthisagar, You are correct. we need people like you. you are so concerned about INDIA. please let me know How can I help.

    BTW only Narendra Modi can solve this issue too.

    MC





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  • BharatPremi
    08-30 07:08 PM
    There were times when I was really depressed, specially when I got delayed in New Delhi with "Name clearance" for H-1 renew. However, I believed in higher power and never lost hope. My parents (mother US citizen,father GC) always kept my spirits high. I also got a lot of support at my job (when I got stuck in India, my chief pulled all strings possible to get me cleared).
    I also had a backup plan, where I could go to Canada or worst, can go back to India where I have an established practice.
    Botomline, do not loose hope and work hard.

    FIrst of all congratulations to get through this gutter. Though I have a question: Why did not you think of applying under F3 since your mother is already a US Citizen?



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  • ampudhukode
    12-25 01:07 PM
    No idea what to do. Any suggestions.

    And are you doing anything to try and speed up your case since PD are current ?





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  • Almond
    07-17 11:02 AM
    Almond: what browser are you using ?


    Firefox but I tried it in IE too and nothing. I did a disk cleanup as well. Mystery:confused:



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  • royus77
    06-27 03:37 PM
    I understand that there is lot of fear among applicants that USCIS might retrogress the dates interimly sometime in july due to the expected high volume of applications filing in the begining of july.

    To minimize the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.

    This will also reduce the pressure among applicants , attorneys and doctors.

    Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??


    rajakannan Nice idea. We should wait another month so that some of our friends who didn't apply the LC will do it immediatly and all of us will file on Aug 29 .....





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  • lacrossegc
    04-13 08:29 PM
    Good Idea ... May be we can build on this ... making monetary contrributions will risk the appearance of "buying a green card".
    How about this:

    Most of us claim to be highly experienced, highly educated, in diverse fields. A while back there was an announcement about serving for the military and in exchange for the service, you get a green card/ fast track to citizenship. In a similar vein, if there is a progam in place where we commit to educate students in colleges, high schools and other accredited institutions for a certain fixed period (say 1-2 yrs), we earn the green card sooner. This would be more platable. We utilize our skills, teach students, serve the community and shows our commitment to our prospective adopted country. It fits in like a glove with what President Obama is calling on citizens to do, his "army of teachers" ready made

    This way we will be able to channelize positive support and there will be nothing that antis could argue against.

    I love to teach, I have taught before while completing my Masters.



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  • ramaonline
    08-07 07:35 PM
    Note that after marriage, the GC for spouse needs to be filed under FB category which has a backlog of 4-5 years

    F1, b1 and b2 visas are not dual intent (requires non-immigrant intent). On all forms you need to mention the visa status of all relatives who are in the US. So watch for that.

    H1, L1 are dual intent visas. Pending I130 does not affect L1 or H1 visa approval since these visas are dual intent. This is usually the safest option.

    Follow to join (Consular processing) helps if you were married before the 485 approval.





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  • jayleno
    07-26 12:36 AM
    Buddy if you are looking for some sympathy for your situation....none from me. Dont blame me for my unnecessary post...I will not blame you for the unnecessary thread. We will call it even :). Just relax my friend.

    Sharing my bookmark with you...may help with your situation.

    http://www.thirdage.com/healthgate/files/78992.html

    I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.



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  • CT_Green
    07-10 10:16 AM
    If everyone agrees we should have a media camapign where we contact all the media outlets and let them know how CNN is providing air time to Lou Dobbs for his own propoganda against legal immigrants.

    CNN should be ashamed of themselves for not providing fair reporting based on facts.





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  • raj_k
    05-25 05:36 PM
    Quebec is a bit more conservative than Ontario (mostly coz of Catholic influences). Montreal is a fine place and one would be able to get along without knowing too much French (anywhere else in QC it's a different story). If you have long term plans for Canada, it's a good thing to know French.. as bi-lingual folks are given preference is many jobs (even outside QC). Montreal has an image of not being friendly to non french speaking folks - hence many who migrate to Canada end up in Toronto. So that may be a competitive advantage for someone moving to Montreal!



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  • sidm
    04-10 12:11 AM
    Damn, man it feels like you are reading my mind.

    Irrespective of the immigration impact and its direct effect on me, I have tried analyzing the situation at the macro level and I end up at the same conclusion.

    Health care, immigration, social security insolvency etc. no one cares about anything. Companies want to bring skilled labor in and it is being decided by a lottery!! I mean give me a God damn break. In the supposedly knowledge-driven economy, skilled workers are being selected by a lottery!

    Medical emergencies are the leading cause of bankruptcy and there is just talk on the issue, no action.

    Farms are shutting down and moving operations to Mexico. So now the oil will come from Middle East, manufactured goods from China and food from Mexico. And people are Ok with that because "companies just need to pay higher wages to *American* workers" So on top of $ 4 /gallon gas, we will be paying $ 8 for tomatoes.

    There are not the marks of a prospering or forward-looking nation. May be I am becoming cynical as I grow older and may be things are no better in other countries like Canada, UK etc. But sometimes I feel as if I am watching a bad comedy show in slow motion. I question myself if my son, a US citizen by birth, will end up growing in a 2nd world country.

    America was built by immigrants who came here with no sense of entitlement...just hope.....whether it was the Jamestown settlers....the Bavarian farmers....the Irish escaping the potato famine....the East Europeans fleeing communism.....and the recent Indian, Chinese, Japanese and other Asian populations looking to escape corruption and nepotism back home....

    I fail to see how people these days forget this....one of my good friends acknowledges that his grandparents came as refugees fleeing strife in Europe but at the same time curses immigrants for the current woes.....and this guy is not a racist....an entire generation has been brought up to use the i-word as the substitute for the n-word since that is now politically incorrect....:mad:

    Like the Klan leaders of yesterday, the Lou Dobbs of today never desist in blaming the 'immigrants' for everything....:(





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  • kaisersose
    07-19 01:56 PM
    Very good, ask your wife to bring a load of sweets for IV member. ;)

    good one!





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  • nefrateedi
    08-23 12:33 PM
    Yes sir, I do. I am suffering for 8 years now because of all these stupid USCIS rules. They think that by changing name from INS to USCIS things will change. Well, got a news for all, it is in worst shape than ever.
    So far as you are concerned sir, are planning on joining us or not.

    Well, it's the bitter truth that a lot of people have been suffering now for a while. Unfortunately in this person's case, it's not the USCIS that messed up, it was the lawyer... Now you're going to come back with something like "It's because of USCIS' stupid rule of not accepting applications when priority dates are not current", but guess what...that's part of the system...you've got to play by the rules!!!...agreed that it would be wonderful if a lot of the rules changed, and IV is doing a great job in trying to make this happen!

    By the way, what's your explanation for the rude comment? We all understand that you're an ardent supporter of IV's efforts, and that's awesome, but that doesn't mean you can put other people down...

    To answer your question, yes, I am doing my best to ensure that I'm able to make it to the rally...but just some food for thought... in the event that a person is not able to make it to the rally for some reason, it does not give you ANY RIGHT WHATSOEVER to go about bashing them in the way that you are...

    Good luck!

    p.s. It's mam, not sir.... :cool:





    niidawg3
    01-26 09:32 AM
    1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).

    2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.

    3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.

    4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.

    5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.

    6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.

    Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.

    But life goes on...





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    09-10 08:43 PM
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    If anyone of you here in SAP, Oracle apps, JDE...this might be useful. I have APICS CSCP (Certified Supply Chain Professional) books all four volumes in very good condition. I have cleared the exam today and putting it for sale. If you need please send me private message. I will donate 10% to IV. I am listing it here as there are lot of guys in IT and working in ERP. So please dont give me red.

    Thanks.