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  • anil_gc
    09-26 08:04 AM
    as per the certificate you completed the degree in June 2002 and you don't have five years from that date so it is tough now, filing for EB3 was a good option.
    Talk to the lawyer and see they can correct it at this stage

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  • little_willy
    08-22 01:55 PM
    Its beyond me, why would EB3 go back to 2001 when new numbers will be available beginning Oct 07. Disappointed and mad

    No surprises for me at least. There will be only 816 new EB3 visas available for any country in October. This will move the dates at the most by a month or two and this will continue for ever until a new legislation is passed, that is why DC rally is all the more important and everyone should focus on that to bring in a change.

    For folks wondering how I came to the 816 visa number

    Total GC available = 140000
    7% country limit = 9800
    split for EB3 = 3266
    spread for each qtr = 816

    Good Luck to all and don't have high expectations because you will be disappointed when the bulletin comes out.

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  • rsdang1
    06-01 12:10 PM
    Wonder how voting here helps - is this a site used by senate?

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  • rangaswamy
    07-02 04:54 PM
    Company is paying about 5200 for filing and attorney fees and i paid about 380 for medical

    25 for passport photos

    plus atleast 30 man hours for filling forms and collecting documents.


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  • lccleared
    04-01 08:10 PM
    Just sent #11 fax too

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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


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  • sai9999
    04-03 05:08 PM
    faxed for no 10 and 11

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  • lazycis
    12-18 02:41 PM
    Sorry to hear about your situation. You should've taken unpaid leave for two weeks instead of a lay off. Now you definitely should not file AC21 and hope that the USCIS will not issue RFE (rarely happens). It doesn't matter how you quit, if the USCIS finds about it, it will probably deny I-485.
    Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:

    "Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."

    So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.


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  • pankaj_singal
    08-19 02:09 PM
    When we e-file EAD/AP, do we get the receipt number the same moment the app is fully submitted or the reciept # comes through the mail from USCIS?

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  • Sakthisagar
    07-29 03:19 PM
    Guys we see a very unhealthy trend here where any disagreement is not tolerated. This forum is for legal skilled immigrants and we sometimes show how unskilled we are when it comes to tolerance of opinion here.

    isantem, while I understand the diversity argument, when it comes to skilled immigration it doesn't really help. The data itself shows that the overwhelming number of skilled immigrants come from India/China. If the objective is to let the most skilled immigrants in, then the US should forget about diversity. Unfortunately in terms of volume and talent combined, India and China handily beat the rest of the world. Even if EB3 goes to 2002 so be it, but at least you are treating all skilled immigrants on a level playing field rather than discriminating them based on where they were born. If the US continues to do this, there is a serious danger (and this has been documented) that skilled folks in India/China will no longer find the US attractive. Its already happening with the economy booming in India. In fact, we'll probably see you or your kids standing in line for an Indian or Chinese green card in a few years (and I doubt India or China will focus on diversity when it comes to attracting the most skilled talent).

    The last line is only a Dream.. I value your opinion, and wish that to happem. as they say Sounds Good, given the situation Political and economic in India and China it will never ever happen. Politically motivated religious fights, killing the political opponent who is having a diferent opinion, no entry for good thinking poeple in all levels in India. So thie last statements in your paragraph is only SOUNDS GOOD! India still is 60 % poor economically. Never Compare The USA with Third world developing countries. Please be Sane ...


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  • ashneels2001
    12-12 08:46 AM

    I have been reading all the valuable suggestions being provided to you by the senior and exisiting members of I feel your pain and frustation. I would like to point out a few things which no other member did so far for you:

    Your application has been denied. I am sure you have already filed an MTR unless its ready to go out in the mail. If you are lucky your MTR will get approved or it will be sent to AAO office which is taking roughly 18 months for a decision.

    My advice to you is to file a brand new I140 EB3 application along with your MTR as that will allow you to maintain your priority date and start a new I140 application. Consult my advice with your attorney and see if he agrees to what I suggested. If he does then he should not charge you a consultancy fee as that advice would have come from you not him.

    There is no way any credential evaluation agency can equate a Indian BCOM degree to Bachelors in Business Administration in USA. If you center was NSC they are known to deny cases such as yours. TSC is following their footsteps.

    In your appeal you need to concentrate on your Masters Degree as that was the requirement for your job profile on your LC.

    You need a strong lawyer in your case who can justify and question USCIS decision. Feel free to ask me any other questions related to my advice.

    My best wishes to you!

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  • Libra
    09-19 07:51 PM
    there were 2000 registered members and their families and late comers.....

    any idea how many came to the rally?


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  • RajWantsGC
    05-12 05:10 PM
    Thanks Chandu. Did the same. Got I485 reopended as it is USCIS error (Filing Fee Not enclosed.) Got I797c for both of us saying that I485 reopened.


    would you please let me know in detail how you approached congress men and senators?
    How did you get their addresses and contact numbers? I am also in the similar situation.

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  • aachoo
    01-05 11:36 PM
    In several responses people have compared MBA and PMP, I don't these two are comparable. Any thoughts?

    I am not sure why the 2 are being compared. One is a professional degree while the other is a certification. MBA prepares you (in theory) for several different jobs (marketing, finance, ops, general mgmt etc.) while PMP is primarily to "check the box" on program management. With all due respect to the PMPs (and other PM credentials) I havent seen any additional skills that PMP provides.

    Yes- I have an MBA and a PM certification and work with several IT PMs/techies but an not in IT myself.



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  • kicca
    02-07 12:06 PM
    in the mail asap

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  • jonty_11
    06-04 06:28 PM
    EB2 India will move very fast till 01 JAN 06 as because based on June 2007 bulletin, just before the july fiasco,( ) the PD for China is 01 JAN 06. That means in EB2 Category except India and China every other country is current. So till India reaches 01 JAN 06 PD in EB2, all the spill overs will be moved to EB2 India. By the time India EB2 reaches 01 JAN 06, China PD in EB2 will move further from 01 JAN 06 by using its 7% quota. So Inidia PD for EB2 again moves fast till that changed China PD using the spill overs. After that India and China will share the spill overs based on the PD priority. All this happens if and only if the USCIS works effectively and uses all the available visa numbers for the present fiscal year. My prediction for EB2 India PD is it touch 2005 /even cross few months in 2005 by the end of this year if USCIS works effectively.
    which VB are you doesnt work...


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  • hiralal
    04-21 08:50 PM
    I want to bring out the plight of legal immigrant community that has been silently suffering the consequences of a broken immigration system. It really baffles me that all the focus in immigration debate is on ILLEGALS when highly educated LEGAL immigrants who play by the rules, pay taxes and follow the law are left in the lurch. Attending to legal immigrants plight will also send a positive signal to the ILLEGAL community to see the perks of being LEGAL. Right now, it seems more rewarding to be ILLEGAL than pursue the LEGAL route towards immigration. What an irony!
    The country based quotas imposed on Employment Based green cards are not only unfair but self defeating because the benchmark is country of origin and not qualification! Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy.
    The immigrant community is really looking at President Obama to deliver on his promise of CHANGE - Change that we can believe in.
    good initiative ..I have sent the email and I will be asking my wife to call all her friends and spread the word. guys do the same.
    I also mentioned that I wanted to buy a house since a long long time but I cannot buy because of gc delays

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  • raj2007
    05-13 06:49 PM
    I and my wife applied for I485(EB3) in July 2007. We both have got our EADs, but not used it.

    My H1 is valid till May 2009. I have I140 approved and have got my H1(3 years) till May 2009.

    My wife has her own H1b valid till Dec 2008.

    We are planning to get divorced. i have applied for Divorce in India in this month (may 2008).

    Is there a way I can cancel my 485 application. Because If i get my green card it will be difficult for me to marry girl from India.

    My wife has mentioned that she will be applying for Divorce in USA.

    Can I withdraw my 485 application and just be on H1 and wait for applying later. I do not care about GC.

    It takes a long time time in India.. It will be much faster depending on state.

    You can withdraw your application citing the reasons. Your date is not current now, so you can wait for some time to withdraw your application.

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    02-13 07:54 AM
    thanks mhtanim....

    It seems that i can file tax using form 4852....but to do if he send legal notice claiming that i have made losses to him worth 25 K....i had good relation with client , gave app notice and also have refe letter from client (received award form client) there shud be no point for liquidation thing and also i have all previous employers emails acepting my receignation and notice period...

    Another thing which you may want to keep a watch is on the dollar amount that your employer reported on W2 for FED & State... in my case my old employer filed & reported wrong dollar amount to IRS and paid less taxes then what normally supposed to be paid which was of course he did that on purpose anyway and I didn't realize until I went to H&R block to file my 2006 taxes...and happen to notice I was ending up to pay way too huge $$ amount in return to IRS

    Thanks to H&R they made my options pretty simple (a) check with my previous employer to see if he can do adjustment e-filing to IRS and provide me with corrected W2 that shows correct $$ amount or we can proceed further with filing with what ever they have reported $$ to FED & State and in the H& R system they do have an option for a separate forms that can be filed along with your taxes which reports directly to IRS on the issue and IRS will take it from there becasuse for sure during adjudication of your filed taxes in IRS system there will be flag for someone to manually look into your filed case.

    My useless desi employer not sure what was he thinking at that time of such plans & didn't expect me to go that far with new approach to IRS, had given him options as described above and guess what he did over night e-filing on adjustment & did over night courier to my home mailing address...

    08-15 01:19 AM
    Thanks heywhat and abhijitp
    I will re-file it tommorrow.

    And thank God you found IV:)

    But more important... PLEASE contribute in $$, flyers, videos, buy merchandise etc etc!

    06-05 09:37 AM
    Just a query how did you came up with the date of April 2005.
    april 2005 would equal a 1 year movement for India EB2 from the june bulletin.

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