bajrangbali
05-18 09:26 PM
For a moment, leave the IIT/merit/experience arguments aside...fact is US graduate schools get taxpayer funds...and one way or other students graduating in US get benefit from those taxes. Senators do not want their tax $$ investments to leave the country...that only is the reason they did something for US graduates in H1...this separate quota may or may not fly...as there is no direct benefit for US...stay on H1B and pay taxes good for usa :cool:
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bvibhu
08-16 03:04 PM
I think it does not make sense even if you re-file it. Your second application may also take ages to get a receipt. In that case, should we keep re-filing endlessly??? :)
lvinaykumar
11-26 04:28 AM
Looks like i need to find a new job to file under EB2 :D
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sheela
11-29 07:49 PM
Does it mean FBI has to clear/decide the case in 120 day time frame and If it fails to report back, uscis is free to adjudicate the aos
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mybid2003
11-10 09:32 AM
I am still waiting. Details below.
rayoflight
04-13 05:51 PM
Great Job guys. I am proud to be part of IV.
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gccube
08-22 08:41 PM
The recent AILA prediction on the cutoff dates for EB3 for the month of october, how accurate can they be considering the following.
1. Dates until May 08 2001 were current for a long time until 2007 June. So most of the guys with that priority dates have already applied for AOS. Most of them might already gotten their GC. There may be a very few stuck in the process but that number should be very less.
2. For the month of June 2007 they moved the dates ahead by more than 2 years with whatever information they have.
3. Now by October 2007 there might be a few more cases, with PD before 2001 May 08, might get added but this number should be very less(I think).
Considering these factors how can there be a huge demand for visa nos with PDs before May 08 2001?
May be I am missing something really big here. My guess (wild) would be it would move ahead by atleast a year from Pre June 2001 VB dates when they open up in October 2008. Anyway I don't have as much info (or exp) as AILA and I could be grossly wrong.
This is no advice or suggestion, but purely my opinion.
1. Dates until May 08 2001 were current for a long time until 2007 June. So most of the guys with that priority dates have already applied for AOS. Most of them might already gotten their GC. There may be a very few stuck in the process but that number should be very less.
2. For the month of June 2007 they moved the dates ahead by more than 2 years with whatever information they have.
3. Now by October 2007 there might be a few more cases, with PD before 2001 May 08, might get added but this number should be very less(I think).
Considering these factors how can there be a huge demand for visa nos with PDs before May 08 2001?
May be I am missing something really big here. My guess (wild) would be it would move ahead by atleast a year from Pre June 2001 VB dates when they open up in October 2008. Anyway I don't have as much info (or exp) as AILA and I could be grossly wrong.
This is no advice or suggestion, but purely my opinion.
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gapala
02-21 09:18 AM
Sheela,
when did this happen to you? Is it in the recent past or way back, looking at your post, it seems it was way back. Please confirm as lot of us think this is a recent development as we haven't heard anything about this until this thread.
when did this happen to you? Is it in the recent past or way back, looking at your post, it seems it was way back. Please confirm as lot of us think this is a recent development as we haven't heard anything about this until this thread.
more...
quizzer
09-27 02:12 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
What was your I140 receipt date at NSC?
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
What was your I140 receipt date at NSC?
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arnab221
05-29 04:38 PM
They will make H1b visa holders wears arm bands like the Nazis made jews wear . Then they will make us live in ghettos and drive us out all at once . :( How much worse can this get .
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Rajeev
11-04 09:42 AM
Is it updated in Thomas, govtrack, etc? I didn't find it..
It is there everywhere. Pl. check S. 1085: Reuniting Families Act (GovTrack.us) (http://www.govtrack.us/congress/bill.xpd?bill=s111-1085)
It is there everywhere. Pl. check S. 1085: Reuniting Families Act (GovTrack.us) (http://www.govtrack.us/congress/bill.xpd?bill=s111-1085)
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gc_chahiye
11-21 01:59 AM
Most of the people affected by the July Visa bulletin are highly skilled people who have the capacity to buy houses, but are not investing in houses, since their future in US is not secure until they get Green Cards.
.....
If Congress passes a law to give speedy Green Cards to these highly skilled people ASAP; these highly skilled people, who have good jobs and capacity to buy houses inspite of the difficult situation regarding getting loans etc, will help US tide over the current difficult housing situation.
oddly enough I was under the same impression and started a poll to see how many IV members would buy a house as soon as they got their GC. The results were very surprising:
http://immigrationvoice.org/forum/showthread.php?t=11737
Of almost 500 responses, 50% of people have already bought a house even without having a GC, and only 25% intend to buy a house within 6 months of getting the GC.
.....
If Congress passes a law to give speedy Green Cards to these highly skilled people ASAP; these highly skilled people, who have good jobs and capacity to buy houses inspite of the difficult situation regarding getting loans etc, will help US tide over the current difficult housing situation.
oddly enough I was under the same impression and started a poll to see how many IV members would buy a house as soon as they got their GC. The results were very surprising:
http://immigrationvoice.org/forum/showthread.php?t=11737
Of almost 500 responses, 50% of people have already bought a house even without having a GC, and only 25% intend to buy a house within 6 months of getting the GC.
more...
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Sheila Danzig
02-25 09:07 PM
Thank you - that is good to hear.
We did a few this way based on the AIU (Assoc of Indian Universities) documenting that the CA = PGD. The professor showed that the PGD = MA. So far it has worked every time but we still feel the evidence is stronger pointing to CA=BA. Those have all been approved. However, we have done many more as equivalent to BA than MA.
My EB2 was rejected initially but later approved due to Sheila's evalaution of my CA degree equivalent to master's degree. I did not know her but my lawyer insisted to get it done through her. She was good for me.
We did a few this way based on the AIU (Assoc of Indian Universities) documenting that the CA = PGD. The professor showed that the PGD = MA. So far it has worked every time but we still feel the evidence is stronger pointing to CA=BA. Those have all been approved. However, we have done many more as equivalent to BA than MA.
My EB2 was rejected initially but later approved due to Sheila's evalaution of my CA degree equivalent to master's degree. I did not know her but my lawyer insisted to get it done through her. She was good for me.
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jethro11
04-21 02:16 PM
vhd999,
Thanks for another report of using AP without problems. I agree with you about conflicting reports from the German mission and airports. Based upon my research, the airlines only need to confirm that the destination country will allow you entry. While going to India, we have a passport and while coming back to the US we have the AP, so it is a simple matter. I don't know why they have a hundred clauses and sub clauses to determine who needs a transit visa. I am also going to carry my I-797 notice of action which is valid until Dec 2011. That should suffice in my opinion. Thanks to all for clearing all the confusion on these forums.
Thanks for another report of using AP without problems. I agree with you about conflicting reports from the German mission and airports. Based upon my research, the airlines only need to confirm that the destination country will allow you entry. While going to India, we have a passport and while coming back to the US we have the AP, so it is a simple matter. I don't know why they have a hundred clauses and sub clauses to determine who needs a transit visa. I am also going to carry my I-797 notice of action which is valid until Dec 2011. That should suffice in my opinion. Thanks to all for clearing all the confusion on these forums.
more...
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venkygct
08-27 10:12 PM
for starting this poll. i already know that two of my friends are planning to book their tickets from CA today !
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gps001
07-18 11:30 AM
At some point I had a question about this issue (I-131 page 4), about which "application" is deemed abandoned and I got an answer in these forums (someone said that he/she researched enough) and that it is the I-485 application which is deemed abandoned if you leave before AP gets approved.
However, when I enquired with a lawyer, and he mentioned that it is NOT I-485, but the "Advance Parole" application (I-131) which is deemed abandoned, if you leave the country before it is approved.
1. If you have a valid AP and are renewing it, can you still travel and come back on the previous AP (provided the return date is within the previous AP's expiry date)
2. If someone has never used their AP, and has a valid H1-B stamp, would this rule apply. ie, can the person come back on H1-B even though his AP application is pending?
Thanks.
In other discussions it is mentioned that if I-485 is pending & you are applying for renewal you don't need this letter.
BTW, i just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :confused:
http://www.uscis.gov/files/form/I-131instr.pdf (page 4)
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A) You depart from the United States; or
B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.
However, when I enquired with a lawyer, and he mentioned that it is NOT I-485, but the "Advance Parole" application (I-131) which is deemed abandoned, if you leave the country before it is approved.
1. If you have a valid AP and are renewing it, can you still travel and come back on the previous AP (provided the return date is within the previous AP's expiry date)
2. If someone has never used their AP, and has a valid H1-B stamp, would this rule apply. ie, can the person come back on H1-B even though his AP application is pending?
Thanks.
In other discussions it is mentioned that if I-485 is pending & you are applying for renewal you don't need this letter.
BTW, i just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :confused:
http://www.uscis.gov/files/form/I-131instr.pdf (page 4)
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A) You depart from the United States; or
B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.
more...
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Jaime
09-06 03:02 PM
We who are stuck in the long waits, it's time for us to rise to the ocassion, attend the rally and untsick ourselves from this, if no one else does it. Only we can free ourselves and get what is only fair! The right to contribute with our skills!
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delax
07-17 09:51 AM
Just imagine what will happen to the market flooded with EADs. Job market for H1Bs will totally be down. No US companies will hire H1Bs if they get somebody with an EAD. Tonnes of Junior developers and S/W testers will in the market driving the billing rates down even further. It's better to pack up and leave. I have heard from one of the forums here that an estimated 500K people will file this month since all PDs are current. EB-3 mexico + phillipines togther alone will be close to 300K. God help the Job market.
Also minimum wait time will be 500K/140K ~ 4 yrs before they get to process your GC. Add to that the time for namecheck backlog 2+ yrs. So total 6+ yrs before getting GC........
lotr
Isnt that how a market is supposed to work - on the laws of demand and supply. For every consequence there is always an unintended one. And if enought local wokers (EAD, others) are available then the laws of the market would require an automatic reduction in the number of H1b's.
Before people start dumping on me - lets remind ourselves that we are here for a healthy debate and to appreciate ALL view points.
Remember - It is not that important to know all the answers as it is to ask the right questions.
Also minimum wait time will be 500K/140K ~ 4 yrs before they get to process your GC. Add to that the time for namecheck backlog 2+ yrs. So total 6+ yrs before getting GC........
lotr
Isnt that how a market is supposed to work - on the laws of demand and supply. For every consequence there is always an unintended one. And if enought local wokers (EAD, others) are available then the laws of the market would require an automatic reduction in the number of H1b's.
Before people start dumping on me - lets remind ourselves that we are here for a healthy debate and to appreciate ALL view points.
Remember - It is not that important to know all the answers as it is to ask the right questions.
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saurav_4096
05-31 10:44 AM
Done
qualified_trash
12-13 04:07 PM
That may be but do you actually think this practice is fair and should be legal. To me and hundreds of thousands of other folks who are patiently waiting in line, it is fraud because you are cutting in line. The sad part is we see that you are cutting in line but we can't do s**t about it just because it's legal.
Why do we all start complaining when illegals get preferential treatment than us? We all start saying that we came here legally, we pay taxes, we waited in line, we did everything by the book.. bla bla bla. Well .. they are also getting their gc legally so the why do we complain?
we complain about illegals because their very presence here without papers is ILLEGAL. what part of ILLEGAL do you not understand?
as far as I can tell, gmatch is not doing anything ILLEGAL. as for the practice being FAIR or NOT, that is a separate discussion.
Why do we all start complaining when illegals get preferential treatment than us? We all start saying that we came here legally, we pay taxes, we waited in line, we did everything by the book.. bla bla bla. Well .. they are also getting their gc legally so the why do we complain?
we complain about illegals because their very presence here without papers is ILLEGAL. what part of ILLEGAL do you not understand?
as far as I can tell, gmatch is not doing anything ILLEGAL. as for the practice being FAIR or NOT, that is a separate discussion.
gianik
05-30 12:33 AM
Thanks for very helpfull and informative posts - everyone.
Jaime and Mihird - I sent you both private messages with few questions per you postings.
Thanks again.
Jaime and Mihird - I sent you both private messages with few questions per you postings.
Thanks again.
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