desi_voice
04-16 02:22 PM
Hi aroranuj,
US considers 16years of full time or equivalent of full time education as Bachelors degress(12yrs school + 4 yrs college/universit degree). Even Indian Bachelors of 3 yrs(12yrs school + 3 yrs coll/Univ) is not considered to be equivalent of US Bachelors.
From what my attorney told me,
1)16yrs of education(US Bachelors)/Indian 3 yr bachelors & 2/3years of Masters + 5 years experience qualifies for EB2 category.
2)15yrs of education(India Bachelors) + 5 or more years of education qualifies for EB3 cateogry.
3)Not sure of Diploma
You have said you have 3 yrs diploma + 1 yr bachelors, I assume your total years of education is 14 yrs(10 yrs school + 3 years diploma + 1 yr bachelors/coll/Univ). This not even equivalent of Indian bachelors, you can substitute your job experience towards educational years. But I do not know whether that can be done for Diploma.
What I have said is my opinion, personal view, please do not construe this as legal opinion. I suggest you consult a good education evaluation companies like Trustforte, Mulinational Education & Information Services to find whether your case will qualify for EB3.
US considers 16years of full time or equivalent of full time education as Bachelors degress(12yrs school + 4 yrs college/universit degree). Even Indian Bachelors of 3 yrs(12yrs school + 3 yrs coll/Univ) is not considered to be equivalent of US Bachelors.
From what my attorney told me,
1)16yrs of education(US Bachelors)/Indian 3 yr bachelors & 2/3years of Masters + 5 years experience qualifies for EB2 category.
2)15yrs of education(India Bachelors) + 5 or more years of education qualifies for EB3 cateogry.
3)Not sure of Diploma
You have said you have 3 yrs diploma + 1 yr bachelors, I assume your total years of education is 14 yrs(10 yrs school + 3 years diploma + 1 yr bachelors/coll/Univ). This not even equivalent of Indian bachelors, you can substitute your job experience towards educational years. But I do not know whether that can be done for Diploma.
What I have said is my opinion, personal view, please do not construe this as legal opinion. I suggest you consult a good education evaluation companies like Trustforte, Mulinational Education & Information Services to find whether your case will qualify for EB3.
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gbof
11-03 01:44 PM
Sometime back I commented on visa bulletin predicitions (whatever predictions remain popular) and got nasty comments and too many reds. I think some people get pissed off by the prospects of VB
desidude
06-19 01:48 PM
Akhil,
Can you pls send me a copy too? thanks in advance!
Check your PM. This is what i sent.
Can you pls send me a copy too? thanks in advance!
Check your PM. This is what i sent.
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sherlock01
09-22 12:58 PM
Got the CPO mail for my EAD. Awaiting spouse EAD.
EAD Applied: Aug 25th @ NSC E file
FP Completed: Sep 12th
CPO Email Rcvd: Sept 22nd.
I think I am very lucky to get the approval in just 27 days. My spouse needs it more than me though. Hope that gets approved soon.
EAD Applied: Aug 25th @ NSC E file
FP Completed: Sep 12th
CPO Email Rcvd: Sept 22nd.
I think I am very lucky to get the approval in just 27 days. My spouse needs it more than me though. Hope that gets approved soon.
more...
andy garcia
08-22 10:14 PM
Looks like this needs correction.Labors expire after 180 days from approval date after July 16th.
http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf
Read on page 4
Labor certifications approved on or after July 16, 2007, will expire 180 days from their date of issue, unless filed prior to expiration with the DHS in support of a Form I-140 immigrant petition for an alien worker.
http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf
Read on page 4
Labor certifications approved on or after July 16, 2007, will expire 180 days from their date of issue, unless filed prior to expiration with the DHS in support of a Form I-140 immigrant petition for an alien worker.
adibhatla
02-20 12:57 PM
Anil,
Yes the notice (I was mentioning) and the receipt number are the same. If you apply for MTR and you receive the SRC number you can continue to work. If the decision is positive your case will be put back to pending status else you need to get back to your lawyer to determine the future course of action.
adibhatla,
Could you please review my situation? My attorney told me that I can not work untill the decission comes out from USCIS. In 485 denial notice it was mentioned that ....
-------------------------------------------------------------------------------------------
Upon consideration, it is ordered that your application for permanent residence, form I 485, filed on Nov 1 2004, to adjust your status to that of lawful permanent resident, be denied for the following reason (s):
On February 13 2008, the US citizenship and Immigration service�s issues a revocation on the underlying form, immigrant petition for alien worker. Since the underlying petition is revoked, a visa is immediately not available. As such you cannot adjust status to that of a lawful permanent resident. Therefore, the form I-485 application is denied.
8 C.F.R274a.14 (b)(1)(i) allows termination of employment authorization when it appears that any condition upon which it was granted has not been met or no longer exists. If you have received an I-765 for classification C9 based upon this pending I485, you are reminded that this EAD is no longer valid and can not be used to allow yourself to work in the United States.
The decision leaves you without lawful immigration status���.
--------------------------------------------------------------------------------------------
After filing MTR (I290B) we received receipt number SRC-09 -044-xxxxx
Notice Type: receipt Notice.
Amount received $585.00
It states that
This notice doesnot grant any immigration status or benefit.It is not even evidence that this case is still pending. It only shows that the application or petition was filed on date shown...
The notice number you are referring is same as I mentioned or different?
I will appreciate your time and help in this regard. I will get back to you if you need further clarifications..
Employer: A
December 13, 2002: Labor date:
October 26, 2004 I-485: Filed
April 28, 2005 I-140 Approved (EAC1)
May /2005 I765 Approved
September 16, 2005 Used AC21- and moved to new employer.
April /2006 I765 Approved
Aug 26 2006 Went to India for 1 month vacation using AP
Sep 20 2006 Returned to US
April /2007 I765 Approved
May 13 2007 Went to India for 1 month vacation using AP
Jun 02 2007 Returned to US
February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
was transferred and is now pending at Texas
February 22/2008 I765 Card production ordered.
NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney
March 03/2008 I140 Notice Returned as Undeliverable
March 05/2008 I485 Denial Notice Sent
August 28, 2008: the post office returned the notice we last sent you on
this case I485 APPLICATION TO
REGISTER PERMANENT RESIDENCE OR TO ADJUST
STATUS as undeliverable
Finally I got my denial notice. It was delayed due to previous attorney�s negligence and mistakes.
Nov 26 2008 MTR received and pending
What will be my fate? How long should I wait??
Yes the notice (I was mentioning) and the receipt number are the same. If you apply for MTR and you receive the SRC number you can continue to work. If the decision is positive your case will be put back to pending status else you need to get back to your lawyer to determine the future course of action.
adibhatla,
Could you please review my situation? My attorney told me that I can not work untill the decission comes out from USCIS. In 485 denial notice it was mentioned that ....
-------------------------------------------------------------------------------------------
Upon consideration, it is ordered that your application for permanent residence, form I 485, filed on Nov 1 2004, to adjust your status to that of lawful permanent resident, be denied for the following reason (s):
On February 13 2008, the US citizenship and Immigration service�s issues a revocation on the underlying form, immigrant petition for alien worker. Since the underlying petition is revoked, a visa is immediately not available. As such you cannot adjust status to that of a lawful permanent resident. Therefore, the form I-485 application is denied.
8 C.F.R274a.14 (b)(1)(i) allows termination of employment authorization when it appears that any condition upon which it was granted has not been met or no longer exists. If you have received an I-765 for classification C9 based upon this pending I485, you are reminded that this EAD is no longer valid and can not be used to allow yourself to work in the United States.
The decision leaves you without lawful immigration status���.
--------------------------------------------------------------------------------------------
After filing MTR (I290B) we received receipt number SRC-09 -044-xxxxx
Notice Type: receipt Notice.
Amount received $585.00
It states that
This notice doesnot grant any immigration status or benefit.It is not even evidence that this case is still pending. It only shows that the application or petition was filed on date shown...
The notice number you are referring is same as I mentioned or different?
I will appreciate your time and help in this regard. I will get back to you if you need further clarifications..
Employer: A
December 13, 2002: Labor date:
October 26, 2004 I-485: Filed
April 28, 2005 I-140 Approved (EAC1)
May /2005 I765 Approved
September 16, 2005 Used AC21- and moved to new employer.
April /2006 I765 Approved
Aug 26 2006 Went to India for 1 month vacation using AP
Sep 20 2006 Returned to US
April /2007 I765 Approved
May 13 2007 Went to India for 1 month vacation using AP
Jun 02 2007 Returned to US
February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
was transferred and is now pending at Texas
February 22/2008 I765 Card production ordered.
NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney
March 03/2008 I140 Notice Returned as Undeliverable
March 05/2008 I485 Denial Notice Sent
August 28, 2008: the post office returned the notice we last sent you on
this case I485 APPLICATION TO
REGISTER PERMANENT RESIDENCE OR TO ADJUST
STATUS as undeliverable
Finally I got my denial notice. It was delayed due to previous attorney�s negligence and mistakes.
Nov 26 2008 MTR received and pending
What will be my fate? How long should I wait??
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belmontboy
12-01 03:49 PM
Waitime tracker for my PD says june 2028.
The numbers in backlog data report show a rosy picture.
Which one to believe??
The numbers in backlog data report show a rosy picture.
Which one to believe??
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jonty_11
08-22 11:57 AM
how abt concentratingon items at hand....Rally, Contributions...etc
rather than sulking over what we already know will happen.
Lets make something HAPPEN....support IV !!!!!!!!
rather than sulking over what we already know will happen.
Lets make something HAPPEN....support IV !!!!!!!!
more...
anilsal
12-20 12:45 PM
Great news! I was never on H4 so it does not really affect me. But any good news for skilled immigration is good news.
Now can we get news on SKIL bill passage or USCIS allowing filing I485 during retrogression?
Plus the 5 year EAD....
Now can we get news on SKIL bill passage or USCIS allowing filing I485 during retrogression?
Plus the 5 year EAD....
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LostInGCProcess
03-11 04:13 PM
It is called desi mentality. Unless the ass is set on fire - Desi folks don't realize the importance of such things.
Funny way to put it, but absolutely true. :D :D :D
Funny way to put it, but absolutely true. :D :D :D
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neobuddha
02-23 03:05 PM
You may submit the "Lease papers" and "Medical insurance papers with name of the spouse" as the additional proof.
Check with your lawyer.
Good Luck
Check with your lawyer.
Good Luck
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probe
11-01 11:11 AM
You wait for 120 days and make umpteen calls to USCIS. Finally you get your EAD which is valid only for 10 months eventhough your priority date is predicted to be in next Ice Age.
If you want to correct the mistake done by USCIS go through some more pain and hassles or suck it and shell your hard earned money to renew after 10 months.I guess no one in USCIS cares for shoddy service they do.
If you want to correct the mistake done by USCIS go through some more pain and hassles or suck it and shell your hard earned money to renew after 10 months.I guess no one in USCIS cares for shoddy service they do.
more...
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gc_on_demand
11-21 06:31 PM
That's very true. Shame on us for being lazy and waiting for the right moment.
The 16th district teams needs to be more re-united. I will talk to digital2k and arrange to meet Zoe in few days.
I was looking for some one who is from Dis 16th. Please start movement rfom there.. ( her office ) do let me know what comes out. I am ready with next action iteam.. call list... unless she agrees nothing can start except media drive.
The 16th district teams needs to be more re-united. I will talk to digital2k and arrange to meet Zoe in few days.
I was looking for some one who is from Dis 16th. Please start movement rfom there.. ( her office ) do let me know what comes out. I am ready with next action iteam.. call list... unless she agrees nothing can start except media drive.
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amit_p27
06-19 03:30 PM
Eb3/nsc/india
more...
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H4_losing_hope
02-17 07:20 PM
i think CP filers have a valid point to argue for relief. clearly there is an injury to CP filers as the dates were moved forward creating the impression that they will continue to do so or at least hold steady. legal opinion was also in favor of CP based on individual circumstances in many cases. many of these filers already underwent a lengthy BEC process, which newer Perm/I-485 filers never went through. the government flip flop is the cause of this additional injury.
instead of asking for specific fixes to be put in, CP filers should articulate this problem clearly and get legal opinion as to possible relief measures.
Thanks for your good rational comments Mantric. They are appreciated.
instead of asking for specific fixes to be put in, CP filers should articulate this problem clearly and get legal opinion as to possible relief measures.
Thanks for your good rational comments Mantric. They are appreciated.
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maddipati1
07-27 08:16 PM
the pattern analysis is wrong.
the links to 13th & 27th are not working, only 06th & 20th are.
so, its every other friday, so it will be posted on Aug3rd.
btw, thats so funny about 'dead meat on finger... and concern about finger print...' great stuff i was LOL...
S
the links to 13th & 27th are not working, only 06th & 20th are.
so, its every other friday, so it will be posted on Aug3rd.
btw, thats so funny about 'dead meat on finger... and concern about finger print...' great stuff i was LOL...
S
more...
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mallikonnet
06-26 11:05 PM
guys this wont work for the people who file through lawyers. lawyers will do at their own pace. good luck if you think it is going to work
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fromnaija
02-20 06:42 PM
Be aware that these 47,000 applications include family-based, asylum cases and refugee AOS as well. The employment based applications could be much lower than the 47,000.
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Rajk
09-10 02:26 PM
A Google search on Yates memo returned this link http://www.shusterman.com/pdf/ac21-51205.pdf.
I was particularly interested in wage difference issue, and above memo (Section I, Question 5) is vague in this regard. It states something like "Substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is same or similar". It is not clearly defined what is "substantial discrepancy". But if you take a look at Murthy's website at http://www.murthy.com/news/n_yatmay.html, it conveys that wage difference is usually not an issue.
I was particularly interested in wage difference issue, and above memo (Section I, Question 5) is vague in this regard. It states something like "Substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is same or similar". It is not clearly defined what is "substantial discrepancy". But if you take a look at Murthy's website at http://www.murthy.com/news/n_yatmay.html, it conveys that wage difference is usually not an issue.
seetheavatar
12-21 12:23 PM
Yes all the above/below said happened to a foreign citizen(you) not to their own citizens when they apply for passport renewal.
But indian consulates show their skills to their own people.No other consulate/government offices in the world treats their own citizen in similar manner.
The only time I have had to deal with the Houston Consulate (or any Indian Consualate in the US) was last year when I needed a new/renewed passport. Sent it by mail and received it back in 1 week. I really can't complain since it's the best experience I have had with any consulate.
I applied for a UK visa, and they stuck someone else's visa in my passport. To call them, there's only a paid line for 99c a minute, even if it's their fault. And I was put on hold for 15 mins.
Applied for a Canadian visa, 3 mnths in advance of my trip. When I asked after 3 weeks, they told me pretty rudely that of I enquire about the status, it'll take even longer to process. (This is a tactic I would love to use with my boss whenever he asks about the status of things I'm working on) :) Finally processed it in 2.5 months. This was a simple single entry for 4 days.
Applied for a schengen visa(Germany), they took 3 weeks to process a simple business visa. Sent back my documents saying that I didn't have coverage for repatriation of corpse should I die in Europe, even though my policy clearly had it and this was verified when I presented the documents in person at the consulate. Schengen countries demand that you apply in person, because they want to make sure you have the face for going to Europe.
I have a Dutch friend whose Indian wife took 3 mnths to get a visitor visa. This is because he complained to the Dutch foreign ministry when her visa wasn't done in 3 weeks. He was outraged that the wife of a Dutch citizen should be treated by his govt. like that. Oh well, they showed him.
So given all this, I would assume that all embassies/consulates are inefficient, simply because they are government workers who are not answerable to anyone and can't get fired. And they work in a monopoly.
Of course, we like to think Indian babus are either stupid, lazy, corrupt or a combination of the above because it's a mindset we have. But looking at how USCIS and the embassies above operate, I think Indians are pretty much on par with everyone else.
But indian consulates show their skills to their own people.No other consulate/government offices in the world treats their own citizen in similar manner.
The only time I have had to deal with the Houston Consulate (or any Indian Consualate in the US) was last year when I needed a new/renewed passport. Sent it by mail and received it back in 1 week. I really can't complain since it's the best experience I have had with any consulate.
I applied for a UK visa, and they stuck someone else's visa in my passport. To call them, there's only a paid line for 99c a minute, even if it's their fault. And I was put on hold for 15 mins.
Applied for a Canadian visa, 3 mnths in advance of my trip. When I asked after 3 weeks, they told me pretty rudely that of I enquire about the status, it'll take even longer to process. (This is a tactic I would love to use with my boss whenever he asks about the status of things I'm working on) :) Finally processed it in 2.5 months. This was a simple single entry for 4 days.
Applied for a schengen visa(Germany), they took 3 weeks to process a simple business visa. Sent back my documents saying that I didn't have coverage for repatriation of corpse should I die in Europe, even though my policy clearly had it and this was verified when I presented the documents in person at the consulate. Schengen countries demand that you apply in person, because they want to make sure you have the face for going to Europe.
I have a Dutch friend whose Indian wife took 3 mnths to get a visitor visa. This is because he complained to the Dutch foreign ministry when her visa wasn't done in 3 weeks. He was outraged that the wife of a Dutch citizen should be treated by his govt. like that. Oh well, they showed him.
So given all this, I would assume that all embassies/consulates are inefficient, simply because they are government workers who are not answerable to anyone and can't get fired. And they work in a monopoly.
Of course, we like to think Indian babus are either stupid, lazy, corrupt or a combination of the above because it's a mindset we have. But looking at how USCIS and the embassies above operate, I think Indians are pretty much on par with everyone else.
chanduv23
11-17 09:06 AM
Thanks for applying and for the quick reply. Your skill set and experienced matched what we are looking for, and you passed the prescreening with perfect scores, except we can not hire anybody that requires sponsorship at this time. If you applied with a mistake on that prescreening question, please change the answer on the prescreening questions. Thank you and good luck!
xxxxx xxxx
xxxxxxxxxxxxxxxxxxxxxxxxxx
Probably, nothing wrong to discriminate against h1b holders, but discrimination against citizens maybe taken seriously. As such, it is at company's discretion to hire u or not, internally, from what I learnt, if the company decides to hire u, they hire u, if not, they may give u this as a reason because they may have found someone with same skills but without requirement for sponser.
If a company desperately needs u, they will do anything to hire u. If company thinks it must not have to deal with legal issues and overheads, it may not hire u, may keep u on hold.
Basically, we are on our own, and we can only try and try. It is the land of opportunities, and there will be opportunities for everyone somewhere.
xxxxx xxxx
xxxxxxxxxxxxxxxxxxxxxxxxxx
Probably, nothing wrong to discriminate against h1b holders, but discrimination against citizens maybe taken seriously. As such, it is at company's discretion to hire u or not, internally, from what I learnt, if the company decides to hire u, they hire u, if not, they may give u this as a reason because they may have found someone with same skills but without requirement for sponser.
If a company desperately needs u, they will do anything to hire u. If company thinks it must not have to deal with legal issues and overheads, it may not hire u, may keep u on hold.
Basically, we are on our own, and we can only try and try. It is the land of opportunities, and there will be opportunities for everyone somewhere.
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