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  • aroranuj
    04-16 12:28 PM
    Can anyone please give any advise/ideas on how to deal with this?

    Thanks.


    Hello All,

    I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.

    "A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.

    Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.

    However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"

    Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.





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  • mhb
    07-06 03:16 PM
    they have daily podcasts of the news... we can watch it on those
    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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  • ragz4u
    04-01 03:15 PM
    Sent fax #10





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  • illinois_alum
    08-12 06:08 PM
    Another similar Question:
    do we need carry the supporting documentation(Birth/Marrriage certificate, old H1Bs, etc) certifacte while travelling with GC? Please share your experience.

    I know that other than the GC and the passport...you don't need any other document. I guess your question can be interpreted as ...would those other documents help if you somehow lose your GC while traveling outside?



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  • sapota
    08-31 04:01 PM
    should be taken with a huge grain of salt. The job of the media is to create sensationalism so that the news can be spread.

    The general issues still are true.

    Nah, I don't think so. Not a good article.

    1. His salary CAN be raised.
    2. His wife CAN work, as article mentions that he applied for GC in 2004
    3. I never heard about 1 million - I guess we were talking about 140000 unused visas right? Where this 1 million came from?
    4. If the company is bought - one doesn't generally reapply for GC.

    Even little lies don't serve a good cause as this article can be easily discredited.





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  • GCOP
    10-24 02:45 PM
    I really don't understand, what can be RFE about, as you have been with the same company all these years. You really deserve a Greencard straight away without a single question after such a Long wait. I hope your RFE is very simple to answer and I wish that you get your Greencard soon. Good Luck.

    Thanks for the pointers.

    In my case I don't even know if it is namecheck that is blocking my case. So far my guess is that it was just the huge deluge of July 2 applications under which my application got stuck. But now that they have opened my application and mailed an RFE on Oct 22, at least I know that some IO is processing my case. Right now I am eagerly waiting for the RFE details. My law firm(FDBL) has not received it yet. I am pinging them every other day.

    To answer another question from another poster, yes, I have been with the same company since 2001.



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  • Madhuri
    12-20 10:58 AM
    Really this will give relief to many spouses.





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  • optimystic
    10-24 03:44 PM
    I really don't understand, what can be RFE about, as you have been with the same company all these years. You really deserve a Greencard straight away without a single question after such a Long wait. I hope your RFE is very simple to answer and I wish that you get your Greencard soon. Good Luck.

    Thanks for the good luck . I really need it !

    I am hoping that it would be something simple as well.

    - I am guessing it might be about employment verification (since its been a long time),

    OR

    - Current job description (probably they want to make sure I am in the same job role or going to be in the same job role for which GC was applied) . Which is more or less the case. My law-firm/company did a good job of declaring a generic (still O*net compliant) job title/description which luckily encompasses the range of roles (compliant with the job description) I have been doing over the last 8 years. And if required, at this point, I am at a stage where I am willing to take a demotion or something if required to work on the job role that matches the GC temporarily, if thats what it takes. And I am sure my company will fully support me. There is no dearth of requirement for fresh coders/developers at our team/company. They would probably be happy to oblige :D . But I hope it doesn't come to that. I think there is some leniency allowed in the growth of job scope/promotion etc over the course of years it takes to get the GC. Gurus any comments ?

    OR

    - some clarification about overall H1B status or something across all these years (although I know for sure my H1B status, I-94 etc has been perfectly clean so far)

    OR

    - Medical checkups may have expired and they need new ones? (my medical reports are from June 2007)

    OR

    - Ability to pay ! I don't think this would be the case. My company is a well reputed/respected Fortune 50 company. So hopefully USCIS IOs are also aware that my company would not have ability to pay issues! But who knows, in these economic crisis, they probably doubt every company !

    OR

    - Questions about Mergers/aquisitions/layoff announcements at my company?? I don't think these events by themselves matter/affect my I-485 case after the I-140 stage. My lawyer had clarified to the same effect. But they might trigger a request for employement verification.


    What could be other reasons that you guys can think off?



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  • cjagtap
    07-03 06:50 AM
    lawyers fee-1250
    fedex-25
    medicals-610
    photos-100
    cancelling trip and appointment for stamping H1B -400





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  • emulux
    12-29 01:38 AM
    I tend to agree with your interpretation that "NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE" refers to those beyond 140K. The language of law is always beautiful, isn't it?:)

    Anyhow, I still think it merits a deeper investigation and consultation with attorneys.



    INA 202 (a) (5) (A)
    EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

    Please read the above section carefully. The additional visas mentioned above refers to visas in excess of 140k visas set by the annual quota; i.e. it refers to recaptured visa numbers, IMHO.



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  • eilsoe
    02-03 05:25 AM
    that smilie says it all :P





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  • pkpalta
    12-20 06:28 PM
    Guys,

    I think we should post this on http://www.immigrationportal.com and ask Rajeev Khanna or ask Mathew Oh of http://www.immigration-law.com.

    I'm sure they might help us by putting up a post for this.



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  • makemygc
    07-08 01:42 PM
    Can we change the title of this thread to:-

    Immigration Voice/Gandhigiri in News (or Limelight)





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  • venkygct
    08-28 01:47 AM
    ^^^^^



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  • svrk
    08-22 07:52 AM
    Hi SMohan,

    I am in the same situation as you are, hoping to file EB2 with a dependent who aged out just after EB3 filing. My lawyer yesterday (Fragomen) confirmed that the dependent will get included in the EB2 filing.

    Please verify with your lawyer too. Good luck!





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  • chanduv23
    07-10 07:58 AM
    Dear IV Core - our next media effort must be to expose the lies that Lou Dobbs creates to spread hatred.

    Believe me, it is people like Lou Dobbs who are playing these dirty games.

    We must take excerpts frrm his interviews and expose all his lies.

    What do you all think?



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  • logiclife
    12-12 12:58 PM
    im waiting for the groans and moans

    You wont be disappointed.





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  • ksircar
    03-23 02:28 PM
    I have set up a meeting with the staff at Congresswoman Kathy Castor's office in Tampa on March 27th at 2.00 PM.

    Anybody interested in joining please PM me.





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  • kakarla
    07-22 12:28 PM
    EAD Renewal applied online on May19th

    My Case
    Got the LIN088001XXXX
    FP done on 06/11
    Approval Email received (card prodcution ordered) Yesterday

    Spouse Case
    Got the LIN088001XXXX
    FP done on 06/11
    Approval: Not yet


    ----
    EB3/ India Apr2002





    pappu
    02-11 11:37 AM
    DOS recently released the visa usage statistics for FY 2008 (http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf). For once USCIS managed to use up all the visas allocated for the year. Kudos to USCIS :D But it comes with a price for EB folks. For the past few years, forward movement of PD during the last months of the FY has been propelled due to the spillover of unused FB visa's from prior year. Remember last year almost 23k FB visas got spilled over to the EB limit and caused significant forward movement of PD's for EB2 I/C. Unfortunately in 2008 USCIS used up all of the FB visa's, hence there will be no visa's to spillover:mad: I had consolidated the visa usages in the past few years, Here is a link to the document (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en). The document has hyper link to the source for all the data.

    If you are EB3 I/C and wondering why dates didn't move in 2008. Here is the answer,
    EB3-C and EB3-I got 1,985 and 3,576 visa's respectively. With such kind of visa allocation there is no doubt about why the dates aren't moving.

    If you are EB2 I/C and dreaming that somehow the new spillover would take care of things. You might be pleasantly surprised by the usage of EB1 and EB2-ROW in 2008. Last year many were dreaming that all of the 23K FB visa's would directly go to EB2-I/C but the data shows otherwise. EB2-C and EB-I got 6,967 and 14,819 visa's respectively for the entire 2008. If all the 23K visa's were used by EB2-I/C then their respective numbers would have been much higher.

    Bottom line: Without significant change in the EB limit through recapture or increase in EB limit. The forward movement of PD will be a trickle atleast for the rest of the year. We can pray and do whatever before every bulletins, but the numbers cannot lie and hence the bulletins would be a disappointment (for many) until we grasp the reality.

    Let us get our acts together and start working together towards some constructive actions like a bill or an amendment. Let us have a healthy debate on what needs to be done.

    Good analysis.
    I do however hope for little extra movement than what we have seen this year for EB2 I and C due to horizontal allocation. However Eb2 still has good enough retrogression and we should not see any big jumps in dates. EB3 maybe a different story without any legislation or any fix.





    repy_ram
    06-24 01:25 PM
    Got the following email from USCIS.

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Card production ordered.

    On June 22, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    At last after waiting for 5 long years got my GC approved on 22 Jun07!!

    Don't want anybody to be stuck in the process for 5-10 years. Will be supporting this team till we reach our goals. And I really hope we do..

    Thanks to IV & all my friends over here, for keeping me sane during this time :)



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