Selasa, 21 Juni 2011

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  • snathan
    06-19 07:16 AM
    Would you like to send a mass mailer to all to generate momentum ???

    Can you please do that....





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  • wahwah
    06-05 11:33 AM
    since the new supplemental memo has been issued, the rule making agenda may be pushed off. but i think the new memo will be effective immediately.


    See this..from immigration-law.com

    However, the release of this new supplemental AC-21 probably implies that the rule-making agenda may be pushed off and may not be enacted this year. Please stay tuned.





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  • dilbert_cal
    02-20 11:50 PM
    Can you provide more details about your case ? - EB ? , PD ?, any RFE ? state ?....





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  • dreamworld
    09-27 10:35 PM
    I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.

    Country: India
    Date of Joining with current employer : Jan 2006.
    PERM Filing/ Approval Date: Aug 2006.
    I-485/ EAD filing Date: July 2007.
    I-140 RFE received date: Sep 2007.

    The RFE reads as follows.

    ---------------------------------------
    "Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
    If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
    ---------------------------------------

    This is my history.

    I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
    I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
    But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.

    I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
    I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.

    The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.

    Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.

    My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.

    I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.

    Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?

    Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow

    enggr... First Welcome IV!!! The great place to meet like minded people.

    If your supplementary exam is required for your degree then your graduation date is June 2002. if not then you are safe. First of all..Course completion certificate is not a degree. You have to complete all the requirements to get a degree.

    Converting to EB3. I read somewhere in the forum that PERM does not allow to change from EB2 to EB3. You might need to reapply.

    In any case, You need to respond to RFE with a good business case. and go for the next step.

    Good luck buddy.



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  • perm2gc
    12-20 12:11 PM
    If someoe is on H1B then he converted to H4. Then He converted to H1B.
    He didnot leave(USA) the country any time. How his time calculated.

    Thanks
    the time on H4 will not be counted.That is what the document is all about.





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  • isantem
    07-29 01:20 PM
    Why is there no country limits for asylum, lottery and Green cards for undocumented in CIR bill?

    asylum - you are very funny
    lottery - acctualy they have a country limit
    green card - :confused:
    undocumented - we are talking about legal immigration (for gk_2000 also)



    Country limits is just a disguise for racism. !

    explain your logic please...........the limits are not based on Asian, African, Indian,etc........please check the dictionary to find out what it means racism.

    Thanks



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  • abhijitp
    01-15 10:52 PM
    1. contact all your IV friends
    2. contact all your friends in the USA (whether or not waiting for GC)
    3. talk to your neighbors in your apartment community
    4. hand out bills that describe this action item (We need a poster for this purpose)

    In each & every case, offer (as the last option) canned letter format to be filled out and signed... you then photocopy it and mail it!





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  • FinalGC
    11-03 01:05 PM
    My Prediction for Dec bulletin

    Eb2 and Eb 1 all others - C
    EB2 India & China - Jan 1, 2006

    EB 3 India - Jan 1, 2002
    EB 3 all others - Jan 1, 2003

    All others current...Hope this comes true....:-)



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  • pani_6
    09-10 12:22 PM
    If you join as a PM somewhere ...you need to be aware of things line earned value, risk register, critical path, management reserves, contract change control system, stages of team formation, types of Org..etc..etc..which is common terminology for PM's..so unless you want to join as a PM and blink you want to get certified..

    Most manager jobs require this certification ...like you would go to a dentist to deal with problems with your teeth...not that a general physican cant do it..but a dentist specailises in teeth care..just like it PM is a separate proffession..I have seen MBA getting PMP ceritified..

    For a Reason ..among all the certs ...this is the 1st or the 2nd most sought after..in the world..





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  • unitednations
    03-11 03:28 PM
    It is not so easy to convince Sen Grassley.

    Gotta love this system...

    Two years ago; Grassley sent a questionnaire to the top 10 Indian outsourcing companies of how they use non immigrant visas.

    They did not have any legal obligation to answer his query. They answered his questions by non answering it.

    Grassley then starts to increase the rhetoric and starts pressuring uscis/dol to start investigations.

    uscis/dol start investigatin and denying cases and study it and find fraud.

    now; Grassley is getting his way and starting to change policy.

    Nascom senses game is over and come begging which is exactly what grassley wanted in the first place.

    At the end; he will get these guys to agree to tough measures (ie., lca requirements for L-1; tougher measures on h-1b, etc.

    See how Microsoft answered differently when they got the query and compare to these guys.

    This system created in USA has a way of making you conform to their behaviour willingly or through long and painful way. Looks like they had to learn through long and painful way.



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  • arunmohan
    07-14 02:20 AM
    Congratulation Mr. Sharma for your GC after long wait. I support the idea of Keeme.





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  • Slave_2k
    11-30 11:33 PM
    Hi Pappu!

    First of all... a big thank you for all the time you have spent to come up with such an excellent analysis of the data available in the public domain. Your effort and the effort of the senior members is like leading a freedom struggle. If you guys were born in India before 1947, I am sure you would have been one of the well known freedom fighters.

    Anyway.... I have a small clarification. It'll be great if you could take that issue up with the USCIS contacts you guys have.

    If you see from that inventory document, there are entries in the year 2008 and 2009 for I-485 backlog. The Visa Bullettin fiasco happend in July 2007. After that for EB-3 India the date was never current. It has retrogressed consistently since then. How was it possible even for one EB-3 India application to be filed in the years 2008 and 2009? or for that matter anytime after Aug-2007?

    Can you please try to get the answer for that?

    GO IV!!

    - Modern SLAVE



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  • Sheila Danzig
    12-04 10:49 AM
    EB2 cannot combine education or work experience. It must show a single source degree.

    Note the following information from the 2006 annual conference of the American Immigration Lawyers Association (AILA) in San Antonio, Texas. "For employment-based immigrant visa purposes (aka green card), the U.S. Citizenship and Immigration Services (USCIS) will not equate a three-year diploma plus a post-baccalaureate diploma as being the equivalent of a U.S. Bachelor's Degree for either EB-2 or EB-3 classification. Additionally, the USCIS does not accept a combination of academic background and work experience as being the equivalent of a U.S. Bachelor's Degree for "green card" purposes"

    This can be done for EB3 IF it was stated on the labor certificate.



    Santa,

    Thanks for your response.
    Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree

    H1Girl,

    Thanks for your response.

    Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.





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  • ashkam
    03-17 11:30 AM
    I don't have anything helpful to add, just wanted to wish you all the best. Hopefully you still have time left on your H1B to restart your GC process.



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  • pappu
    08-09 10:34 AM
    Questions for everyone to research and post the answers------


    -- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.

    -- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.

    -- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.





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  • hpandey
    07-13 02:16 PM
    Congrats Brother .. Patience finally paid off. Hope you see better times ahead. Indeed a very long journey. :)

    Thanks for donating to IV and supporting our cause. I



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  • rsrikant
    08-10 10:20 AM
    instead of attacking some one who applied for LS, i suggest it is advisable to direct the anger towards DOL or USCIS.. whoever is responsible.

    LC substitution is legal and probably that's why many ppl did it. why shud we blame them. we shud blame the law. and good that its been eliminated now..

    i don't think we need to segregate those who applied using LS. May be most of us could have used it if we had not applied labour directly and knew that some LS is available for no price with old PD...





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  • ragz4u
    02-20 10:16 PM
    These are the posts by the user hadron:
    For anyone intending to 'vote with their wallet', please keep the following in mind:
    - Only US citizens are allowed to contribute to political campaigns (it is even illegal to give money to a citizen friend and have him contribute as a straw-man)
    - there are regulations regarding political action committees (PAC) controlled by 'agents of a foreign power'

    We are well aware of this and WILL not be contributing to any political campaign. And in any case, where does contributing to political campaign come in the picture? We are just trying to get ourselves heard! Is that illegal in this 'free' country too?

    While I appreciate the enthusiasm of the folks setting up IV.com (and I have no reason to doubt the sincerity and honesty of their efforts), I don't see a whole lot on the groups website dealing with the legal aspects noted above.
    And then when I posted:
    A lot of foreign governments and entities legally employ lobbyists in Washington. They are merely getting your voice heard by the people's representatives!
    I am not a US Civics expert, but neither can be everybody else here!
    hadron, just because somebody is Board-certified in one field of Medicine does not make them experts in everything else!
    Please expound your expert views on how to win this battle, and we will follow you if that is the better way! Otherwise, please remember that those who forget the lessons of history (i.e. S 1932 defeat) will have to see them repeated!
    This was what he posted:
    Correct, and they are very careful to be registered with the secretary of state as a PAC or public interest lobbying organization. As you point out I am certainly not an expert on the law in this area, but before you start collecting a lot of money, make sure you have competent advice from someone who is (I looked into registering an immigration related PAC a year ago, after realizing the red-tape and political minefields involved I decided not to do so).

    We are again beating around the bush here. As I have mentioned earlier, we are registering ourselves as a 501C4 org and are not a Political Action Committee from any angle. Hence the red-tape etc that hadron is talking about is not applicable here at all


    Quote:
    Please expound your expert views on how to win this battle, and we will follow you if that is the better way!


    I actually don't know how to do that.

    The reality is, in washington there are two things that open the door of a lawmakers office to a lobbyist:
    - a check from the PAC aligned with his cause
    - evidence that he represents measurable share of voting citizens in the home district of the representative or senator

    And do you see the problem here?

    You guys can't legally contribute to political campaigns and you don't represent voting citizens. So, having a lobbyist might be a first step, but it doesn't mean that your cause will be heard.

    Hadron seems to have a very myopic view for everything. Anything and everything for him leads to a political contributions. How about trying the old fashioned way of making the lawmakers aware of the situation of legal immigrants. I don't know whether he has ever seen a reply to a fax from any senator/rep, but all of these misconstrue our request as being either a) A request to increase H1b quota or b) Give amnesty to illegal immigrants. The fact of the matter is the lawmakers do NOT know about our plight. If you read another post in this forum by the CA team that visited Sen. Dianne Feinstein's office, it came out very loud and clear! They had no clue about our plight. This coming from a senator who handles all the high tech firms in Silicon Valley with thousands of legal alien constituents! Imagine how much a senator from a state with no techie firms (like say South Dakota/Wyoming etc) know about us? Nothing, Nada, Zilch....but their vote is worth as much as any other senator.....so the primary aim for us as an org is to make every lawmaker realize our plight and influnce their decisions

    Our main ally in the immigration arena is the US chamber of commerce. They are spending considerable money on advocating for employment based immigration reform (their main thrust however is getting access to unskilled workers, either through a guest worker program or through legalization. in a secondary way they are interested in higher H1b quotas to get access to cheap professionals, fixing retrogression is not very high on their agenda). Have you talked to other organizations classically on our side yet ?

    What makes Hadron think that what he believes (that US chamber of commerce is our main ally) is gospel? In case he does not know, there are many other orgs that have a similar agenda. We have made significant progress in establishing relations with many of these orgs. Unfortunately, we cannot reveal everything here. There is more to it than meets the eye! Thats where QGA is helping us immensely

    Quote:
    Otherwise, please remember that those who forget the lessons of history (i.e. S 1932 defeat) will have to see them repeated!


    Please, save me the melodramatics.

    Immigration bills get introduced by the dozen every year, most of them don't even make it into committee (but every time one gets introduced, people here on this board get all excited that finally 'relief is here'.) Even if a coalition of influential senators picks up the issue, there is no guarantee that it will go anywhere.

    True, but how often do you see rallies across the country either pro or anti immigrants? How often do you hear about immigration being a hot issue and being discussed on CNN/Fox everyday? How often does the President address it in his State of the Union address? The fact of the matter is that this issue is really hot right now. Do not forget that this is an election year. A lot of the reps hoping to get reelected from border states like TX.AZ etc had promised their constituents that they will tackle immigration reforms. If they do nothing, they will face the wrath!
    If there was ever a chance of an immigration bill passing, it is now. If that does not happen, forget about any chance of any immigration related stuff happening in the next 5 years. The question we need to ask ourselves right now is, 'Am I going to TRY to do something this time or should I try it after 5 years'. I know my answer is NOW. But if you want to be pessimistic and think that no bill might get passed, you are in the wrong place. You are better off visiting murthy.com and hope that she announces rapid movement of dates. the primary reason we are all converging here is because we believe that something will happen to the immigration bill and we want to make sure we are not forgotten

    --------------------------------------------------------------------------------
    This is last post:
    I am not angry at anyone, and I don't think that any of my posts can be misconstrued to convey that impression.

    I think it is a good idea to start (another) lobbying organization for immigrant rights as the existing ones have a interests very different from us. All the latino groups are only interested in family immigration and legalization of illegals, employment based immigration is only a little blip on their radar screen. Industry on the other hand has their own agenda, again not one coinciding with our issues.

    I just think that some of the people involved in IV.com are taking step2 before they have taken step1. They have a nice website (no big suprise with a project run by IT professionals) and are already soliciting contributions, but some aspects of it make me wonder about the level of professionalism involved.

    Just to clarify, we are all people with daily jobs other than Immigration Voice. This is a volunteer organization. Do not expect a macromedia flash welcome screen.

    So as apparently some of the founders of this organization are present on this board, I would like the following questions answered:

    - what is the legal form of your non-profit organization ?

    Its on our home page, but just in case, we have applied for 501 C4 status

    - is this entity registered in any state, if yes in which ?

    Again, the address is listed on the web site.....but since you did not bother to check it, it is NJ

    - who is registered as the owner of the organizations bank account ?

    It is owned by Immigration Voice. Remember, this is a NON Profit organization. It cannot be 'owned' by a person. Again this is on the web site..

    - what is the structure of the organization ? Do you have dues paying members, is there a board of directors, trustees ??

    Yes....if you know about 501 C4 orgs, they all NEED to have an org structure and there are officers and a board of trustees

    - who are the officers of the organization ?

    Everything is in place. 501 C4 cannot be registered without that.





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  • abhidos37
    08-22 12:07 PM
    The date was current from July 1 with my PD Aug 2005. I have my 140 approved already.





    EkAurAaya
    10-09 09:04 PM
    I am wondering is any one from everest technologies?

    if you are not looking to change jobs then why worry about it at this point in time? it almost sounds like you are the owner of everest who wants to know who's lurking in these forums ready to say bye bye to you :D j/k

    but seriously keep receipt # handy i think that will suffice... check with attorney





    pappu
    11-25 11:32 AM
    Immigrationvoice team has been working on the publicly available USCIS data since its release on USCIS website and we have been discussing this data with top USCIS officials to clear doubts.

    Immigration Voice is releasing the analysis of the information for the community. You can view the report at

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36


    We are putting together a list of recommendations about this data for our next meeting with USCIS. If you have suggestions, do post on the thread. We would also be updating this report on regular basis as the data is updated on USCIS site and numbers change due to approvals/pre-adjudications/field office data/ CP and spillovers. The visa bulletin movement will also be compared against the report and checked with USCIS and DOS.

    Team IV

    Note: Please read the entire document rather than just basing your judgment on the graph and the visa bulletin charts. There are several caveats and limitations of this data.

    We feel this is a one step ahead of the IV prediction tool published by IV in the past. We will continue to refine the analysis as we receive information from DOS and USCIS through our advocacy efforts.



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