Friday, June 24, 2011

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  • yabayaba
    08-23 11:28 AM
    Your employer will have to file a PERM and I-140 and once I-140 is approved in EB-2 with earlier EB-3 PD, request USCIS to adjudicate your pending I-1485 using the newly approved EB-2 I-140. No need to file another I-485 if you already have one pending.

    Regarding the fee, there is no filing fee for PERM. All the costs are related to advertising and lawyer fee. I have no idea how much the fee for the whole process is or what attorney's charge as I have never paid anything for any of my immigration process so far (11 yrs in US). Technically, you are not supposed to pay anything, only employer should pick up the fee. You can pay the premium processing fee wherever applicable.

    What about if the I-140(EB2) rejected?. The 485 will be rejected too?. What are the possibilities of I-140 rejection?

    Thanks





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  • paskal
    06-24 07:18 PM
    I learned that the full committee meeting was scheduled for June 23rd (yesterday). Was it dropped or rescheduled?? Can you give that piece of information?

    Folks,

    I do not have any update on any meeting right now...I'm sure that once something becomes available, we will all hear...!





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  • santa123
    12-01 07:39 PM
    Thanks Santa for your reply.

    I received an RFE. But it was on accreditation of my MBA school. There was no RFE on bachelors degree. My lawyer replied to the RFE on accreditation. In response, there was straight denial without even notice of Intent to deny citing 3 year bachlor degree.

    Yes, we submitted education evaluation along with I-140. The evaluation was done by Trustforte. When we received the RFE on accredidation, we sent second evaluation from Trustforte but this time a detailed course by course evaluation of MBA.

    In the evaluation that was done, the evaluator equated my Indian MBA with US MBA and there was no mention about bachelors.

    Please advice if I need to do something different this time.

    Santa, could you please give me the case number of the AAO case handled by Murthy so that I could download the same from the USCIS website.

    Here is the link:
    http://www.murthy.com/news/n_combdg.html

    Why the heck is USCIS bothered about your bachelors when your Labor clearly says Masters required? I think you have a strong case since the RFE did not mention anything about your bachelors. What is your attorney saying? why didnt your ed evaluator mention anything about your bachelors? Will it help if you could evalute your qualifications from another agency, wherein they could prove that you had enough credits and class hours in your bachelors to be equal to US 4 yr courses?

    I am sure there are many helpful folks on this forum who could also guide you on your case. They may have had first hand experience in such situations. Do keep us posted.

    Good luck!





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  • gcgreen
    08-15 12:51 PM
    you can go look at the o-net database online. you can specify keywords of your new job and it will present you different o-net codes. then look at the detailed description of each presented result and draw conclusions as to which one your job will fall under.

    Go to: http://online.onetcenter.org/find/

    Suppose we know the current job code attached to LC and we have job duties of the new job. How do we know the job code of this new job ? Can anybody throw some light ?



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  • jediknight
    07-16 07:37 PM
    Hate Groups Donate to Arizona Law’s Defense | Hatewatch | Southern Poverty Law Center (http://www.splcenter.org/blog/2010/07/13/hate-groups-donate-to-arizona-laws-defense/)

    I wonder what they will say when Hispanic and Black cops stop white folks and say "oops we thought they were Canadian" :D

    Russ and Beck will then start complaining of reverse racism.

    BTW, I am against illegal immigration and the way to solve is to remove quotas for legal immigration and Jail Time for employers who don't use E-Verify.

    - JK





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  • nefrateedi
    07-19 11:06 AM
    This is what you can do - Both in Mumbai and in Delhi, you have USCIS approved doctors who help people going through CP. In other words those who choose to go through emp based CP or family based Green Card which US embassy issues, go through Indian hospitals in Mumbai and Delhi. I think Gangaram in Mumbai has this facility. Ask your wife to get it done from there. Do not wait till the last moment, as someone pointed out, a slight delay in flight could............

    Note that for employment based adjustment of status cases, the medicals ABSOLUTELY have to be done in the US by a USCIS approved civil surgeon. One can get the immunizations done in their home country, however the exam has to be done in the US.



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  • BharatPremi
    03-26 11:09 AM
    Hello BharatPremi,

    I was in the Interfiling situation for the last four months but EB2 India was Retrogressed and then Unavailable as you know. But, I got the advice from my Lawyer that I should Interfile and not wait for the EB2 India dates to get current. So, at the end of Feb '08 I decided to Interfile with my lawyer's help.

    With the cover letter as suggested in various earlier posts he made sure he sent the Original Approval Notice of the I140 and not a copy.

    The main text of the letter was:

    In accordance with 8 C.F.R. �204.5(e) , the applicant hereby request your office to amend the priority date to that of <new I140 Priority Date> as indicated on the enclosed original approved I-140 petition on behalf of the applicant.

    In the footnotes, this was included:
    1. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.

    It was beginning of March when this was done. Then in mid-March, I got the great news that EB2 India is current for my PD. We will see what happens in April '08 !!!

    No news from USCIS yet on the Interfiling app. My lawyer suggested to call after a month of the application's RD.

    Waiting on GC for more than 6 years. I hope this is the last thing to do before AOS is approved for us and we receive the PR Card.

    Hope this info helps.
    Best of Luck for your case.

    Thanks Sanbaj. Do you have both applications under same sponsor? Or different sponsor? My case is: both different sponsor and on top of that now I am working for third company using AC21 -EAD. Can any complications arise?





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  • makemygc
    07-27 12:55 PM
    Talked to an io at neb sc.within 5 sec of me starting to talk the ffice interuppted and she apologosed for doing that and said because of huge vol of appli there is a delay in the receipt notice.i SAID I AM july 2 nd filer and she said it might be in the first week of aug..(i had said the same thing in my earlier post too after i spoke toa diff officer)..She asked to keep checking the check clearnace.
    Hope this helps
    Thanks

    Why do you keep calling them everyday? What is the urgency of getting receipts?



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  • priderock
    05-15 11:43 AM
    Its a good thing, hope this will lessen the abuse of the visas by these Indian companies. As I mentioned in another thread, I have seen that H1 and L1s who come from India dont get a very good salary. Not good.

    I think they have to pay the minimum wage as declared in their petition.
    But I doubt whether they even send those employees on assignments. I guess they process these H1s as a carrot to retain the employees or to preprepared for any future assignments (they may not even come and the visas are never used)...

    Wish there is a different category of visas for outsourced kind of work so that H1s can be used by America based companies and H1 is not seen in such a bad light.





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  • shalini_s_b
    04-01 03:54 PM
    hi, i have sent #10 web fax.



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  • nag2007
    12-05 05:38 PM
    Does any body think of people who did not get a chance to file I-485 who had earlier priority date(2002-mar 2005) ?





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  • addsf345
    07-13 01:40 PM
    "Long Journey. Finally GC
    by J2GC
    Hi Guys,
    After a long journey of more than Sixteen years in this country, I finally received my GC.
    In short, I came in 1993 on J-1 for my training which took six years, followed by one year on O-1 visa and then J-1 waiver for three and half years in underserved area. Then applied for labor certification in Oct, 2003 EB2, through university, which was approved and then retrogressed. Applied Schedule IIA, approved but also got retrogressed. Got AILA liaison and Senetor involved.
    Applied for EB1 and NIW in July 2008.
    My lawyer was very much involved in the whole process, was very helpful at every step, and wrote letters to USCIS.
    Finally, GC came in April, 2009 and received the cards one week later. My PD Oct 2003.
    During these time, I actually had no problmes at my job or my my wife's job. Brought a house four years ago.
    The main problems were:
    Daughter and son could not apply to state colleges/ medical colleges. (daughter going to med school next month)
    Got stuck in India for renew of H-1 for 2 months!!! (worst time of my life, with my wife and kids in US) I tied every thing from writing letters to calling Ambasador. Not effective.
    Could not go to certain occasions, like death of very close family members, weddings etc.
    However, I kept my cool and prayed and got lot of support from Immigration voice.
    As a small token of appreciation, I am donating $500 .(and will keep on supporting)
    We all are going to get GC, some sooner some later. Just keep on doing you job.
    Thanks you all for all the information and support.
    J2GC (J-1 visa to GC)"

    Congrates, and thank you so much for supporting and appreciating IV. Your journey is inspirational to rest of us. God bless all.



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  • anshal
    12-30 08:13 PM
    R u serious? Is this really a serious question??? R u soooooooooo desperate to change ur employer that u cant wait for one more day? And that too a holiday...LOL joke of the day!!!
    31st is a working day for me, if 180th day is 31st than does the employer lose the ability to revoke 140 from the 31st or 1st?, Does it mean than USCIS should receive revokation request by 31st or that the request can be postmarked by the 180th day?





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  • mchundi
    12-13 03:19 PM
    yea this is correct. a member named united nations posted a detailed break down on immigration portal a few months back. This has been implemented by the DOS by suspending the AC21 rule of a variable cap and enforcing a hard cap of 7%. This was mentioned in the november or december 2005 bulletin.

    From my perspective I think its a travesty that when the UCIS and the DOL has classified some of us as "exceptional" aliens, we can still not adjust our status because we were born in India or China while Mexicans with the same qualifications can. If the country limit is to avoid monopolization of numbers and enhance diversity...all categories for Mexico should be "U"

    ---post from immigration portal

    indian_gc_ocean
    Registered User Join Date: Jul 2006
    Posts: 194

    The following is from November 2005 visa bulletin published October 2005.

    "During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap."

    Well, now I realized it is not DOS but again its me who was not upto date with the trend. This means that India cannot go beyond its 7% using unused visas. In the same bulletin there is something that indicated that it allocated too many visas to India in the past. Most likely DOS does not take any action until ROW eb3, eb2 and eb1 are current. Now I have also understood why the perm is necessary at the this time for row. Perm helps row move faster thatway in the loooooong run helping India when all the row is current.

    There will not be any spillover to any India categories in the near future. This is the reason why India eb2 went unavailable. EB1 will soon follow the case. Eventhough eb3 moves, it was like unavailable for a long time. 1400 greencards a year in each category (excluding spouses from this ordeal) is hardly enough for India. I doubt there would be any encouraging direction in future as India had consumed too many visas in the past years. This is sort of balancing act as far as DOS is concerned. Only a change of heart can save India.

    This is really bad for India as most of the people applied for 485 after spending nearly many years in BEC (that itself a retrogression). With Philly clearing non-rir 2001 eb2 labors, can't wait to see october's eb2 retrogression dates.

    I wouldn't care about where the overflow/spillover goes as it is not for India.

    Atlast, the email from murthy.com about eb2 visas going unavailable did not surprise me. My parents named me right and I am an enlightened person now.

    In the past it is not just where u came from but also where u r that determined ur fate. People living under some fast processing centers like illinois got their G.C very fast. Most of the 50k (Indians) odd G.C's in Employment category were with PD in 2003/2004.
    Most of the guys back west in C.A and other slow states lost those 2001 PD when their Labors went nowhere and most changed jobs in 2002 due to the tech bubble.
    USCIS has a strange way of dispensing justice. Suspending rules whenever they mess up. I would not be surprised if they wasted another 10-20k VISA numbers in the last year.
    --MC



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  • srsga
    08-05 10:42 PM
    Count me in...

    My PD is June 2004

    I140 : Approved, Nov 2007





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  • stang20874
    03-22 12:01 PM
    I live in Montgomery County, Maryland. Who else? Let us team up please.



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  • alterego
    09-15 02:00 PM
    India has a lot of people with wide girths? All the images I see of India shows pretty skinny people. Or maybe I was looking at pics of Ethiopians....

    http://www.npr.org/templates/story/story.php?storyId=6069745





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  • matreen
    08-15 04:36 PM
    Is there a way you can get me a sample letter from employer?

    My private email is mateens@hotmail.com

    Thanks,

    M





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  • sanju
    10-21 10:14 PM
    suresh.emails,

    I said in my earlier post that I will think about it. This is what I have to say.

    There are things that can be measured in single dimension say on x-axis. Say you have to buy a car and you have to ask yourself a question – which car do I like to buy? Say you like Honda as compared to other cars. Your likeability of Honda or such cars could be measured on the positive side of the x-axis and likewise, if you don’t like some car, that can be measured on the negative side on the x-axis. Now, there could be another dimension to the situation, say, what is the car model in question, if it is a civic or maybe accord, accord, CRV, Odyssey, Element or whatever. Now if you ask yourself that question again – which car do I like? This time you need two dimensions to answer the question which Honda model you like and which you don’t like. Foe the sake of clarity you can do this on the X&Y-axis. But say if there is a choice of multiple colors. You would have to now think/plot a 3-dimention model, say a cube, because you may like a model of Honda in one color but you may not like the same color in another model. Now there could be other combinations, say which year make or whether it is a sedan/coupe or the cost factor or resale value, mileage, new/old, dealership, goodies, experience of your friends/well-wishers etc. etc. etc. So there could be multiple dimensions analysis to answer a 7 word question - which car do I like to buy?

    The reason I say this is, even situations which otherwise seem simple require multiple dimensions of analysis. And there could be many more dimensions that we do not know or we do not understand. But say, you ignore all dimensions to every situation, and judge every situation in a single dimension analysis - whether or not you like something or not? If you don’t like it, that something has to be wrong. If you like it, that something is right. It can be easily identified on the x-axis. Simple, isn’t it. Life would be so much easier; it would be so much fun.

    But here is the problem. With single dimension analysis of every situation, we will all be wrong most of the time. Since our childhood, maybe that’s why we were sent to school to get educated so that we could gain the knowledge & wisdom which could help us to apply more than one dimension to every situation and we could gain the ability to evaluate and analyze things around us “intelligently” – in multi-dimension.

    Your single dimension analysis of -ve comments situation is, you don't like them and that's why the entire system HAS to be wrong. You see what I am saying.

    It’s ok to express in the any forum and if you don’t like a forum, as in this case you don’t like reputation system, you have the choice to totally ignore it and not look at it at all. But you chose to look at the reputation system maybe because you continue to be mindful of your reputation on the anonymous forum, but then you continue to complain about the existense of the red dot system. It’s the choice you make. And then you apply single dimension analysis – if you don’t like a comment, there is something wrong with the guy who posted a negative comment and the reputation system and the IV and everyone around us. And because you are not happy, you think it is ok to curse everyone saying that the entire immigration system cannot be fixed because IV has reputation system. You know, I have to tell you, you are pretty good.

    The reason I say all this is, I have fundamental difference with the folks who do not like reputation system but continue to look at it and complain about it, even when they have the choice not to look at the reputation system. The problem doesn’t end there. Every week there is someone complaining about the reputations left for that guy, and I just have an intellectual disagreement with that behavior. And I do not have anything against you or anyone else, I am sure you are a good man with a kind heart.







    .





    kevinkris
    04-09 01:35 PM
    http://i.cmpnet.com/informationweek/1179/H-1B_Approvals_for_initial_benefits_by_employers_FY0 7.xls

    See this complete article.
    http://www.informationweek.com/news/showArticle.jhtml?articleID=207001329&pgno=1&queryText=

    So my estimate is there are around
    50 to 60k consulting companies in whole USA.

    Thanks,
    Kris

    I don't think consulting firms are alone to be blamed.

    Lets say there are around 1000 consulting firms it the worst case there may be around 1500 firms which have a capacity to apply 15 H1B each.

    still the number would come around 15000 to 30000 but the big 4 companies in India got 20,000 H1B last year, which means they might have applied around 45000 to 55,000 applications

    my numbers may be bit off but i think Big 4 companies from India are doing more damage then consulting firms in US.





    spindoctor
    07-20 01:21 AM
    well since we are in the mood for quotes here's a different take on the use of past moves in making a current move:

    George Santayana:
    Those who cannot learn from history are doomed to repeat it.

    Etienne Gilson:
    History is the only laboratory we have in which to test the consequences of thought.

    Kurt Vonnegut:
    History is merely a list of surprises. It can only prepare us to be surprised yet again.

    Pearl S. Buck:
    One faces the future with one's past.

    though ofcourse there is no point in fretting over split milk, learning from the past is very very important... Both your own past moves as well as those of people before you.

    History does not repeat itself. The historians repeat one another.
    Max Beerbohm

    History will be kind to me for I intend to write it.
    Winston Churchill