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  • wellwishergc
    04-10 09:19 PM
    Agreed in principle!!! You guys have done the homework. I am just narrating my wishes:); and the wish-list keeps growing!:); man, cannot wait to just get done with this process.

    Good luck and nite!!!

    Guys, let us not get carried away. The Immigration and Nationality Act clearly says that the Attorney General shall give Employment Authorization to people with pending Adjustment of Status. It is just the duration of the EAD that is left with the discretion of USCIS.

    People keep throwing around the phrase "Administrative solution". In this country, just about everything is codified by law. Some things, like the EAD duration, can be tackled Administratively. However, USCIS isn't going to give up a cash cow, viz. the fees from yearly EAD renewals, easily. It is a lot easier to have Congress mandate three year EAD extensions than to convince USCIS to do it.

    I guess the argument that BKarnik is trying to make is that USCIS should be administratively mandated to give Employment Authorizations to people with approved immigrant petitions. However, in the last few months, I have been looking at INA on a regular basis. Most immigration practices are codified in INA, and I would be really hesitant to even ask for an administrative fiat to this effect. Remember, an anti-immigrationist can equally easily have it removed. When Congress passes something, however, it has the force of law.

    I do not agree with statements like "Most USCIS practices are regulations, not law". Not true. INA codifies what USCIS should do.

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  • Sheila Danzig
    02-25 01:52 PM
    I see this all the time. An RFE for one thing (usually like yours - accreditation of the PGD or Masters degree) and then a denial based on the 3 year bachelor's. I tell clients to cover the bachelor's degree when they get the first RFE.

    With regards to the Masters equivalency - USCIS has objected to the Masters if preceded by a 3 year bachelor's degree. However, properly evaluated with reference to an unpublished AAO decision (not legally binding on its own but very powerful) we have seen these cases approved.

    The link to the AAO decision for the 3+1 being equivalent to a US bachelor's degree is NOT relevant. In that case the 1 year bachelor in education required the 3 year bachelor for admission so it was not considered combining. Much like an associates degree is required for admission to a bachelor's degree so that is not combining. (We use that theory when working with a 2 year bach + 2 year masters, generally from PK).

    If you want I can review the case for you at - you can file an MTR. And if you end up in the appeals office the previous AAO decision should hold up there.

    Here is the link:

    Why the heck is USCIS bothered about your bachelors when your Labor clearly says Masters required? I think you have a strong case since the RFE did not mention anything about your bachelors. What is your attorney saying? why didnt your ed evaluator mention anything about your bachelors? Will it help if you could evalute your qualifications from another agency, wherein they could prove that you had enough credits and class hours in your bachelors to be equal to US 4 yr courses?

    I am sure there are many helpful folks on this forum who could also guide you on your case. They may have had first hand experience in such situations. Do keep us posted.

    Good luck!

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  • rockstart
    04-21 03:13 PM
    Trust me there is no way you can sell a diploma as equivalent to degree program. I mean all people can do is if they have 3 Yr BSc + 2 Yr MSc they can hope that CIS accepts it as equal to 4 Yr BS degree. I have seen cases of AMIE candidates rejected stating that US does not recognize AMIE. Now in these two cases atleast their home countries recognize their degrees, In your case India govt will also classify you as diploma holder and not degree holder. Also how can you add 1st year BCom with Hotel Management diploma I mean they are 2 completely different streams?

    Here is a solution that I would have done if I was in your shoes. If you have enough time on your H1 then please enroll into a community college or University and try to get a US bachelor degree. I am sure your diploma will help you to get waiver for some courses so that will save time. Also taking evening classes will let you keep your current job. I know it is tough but that is pretty much the best alternative you have. USCIS has clearly stated that your diploma is not equivalent to US degree. I mean even the best evaluation agency can do is compare India degree program to US degree program how can you compare diploma to degree


    The minimum educational requirement for the diploma was 10+2. However I did 1st year of BCom out of choice before enrolling in the 3 year diploma. The diploma was for hotel management from a Govt Funded/recognized institute with nationwide entrance tests. DOnt know their acceptance rates but it falls under the umbrella of the Ministry of Tourism.

    I think in the denial letter the officer is accepting that I have an equivalent of a bachelors degree but is still denying it. My attorney thinks that he might be mistaken & might have processed the case as EB2 instead of EB3.

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  • mhathi
    10-12 08:31 AM
    May I ask what was your contribution to make a difference?

    Maybe if armchair critiques showed up to the rally rather than shoot bogus messages from their desks we could have had a much larger turnout.

    Nothing came from the rally, huh? There was no letter to pelosi by republican congressmen to increase EB visas, no letter from IEEE-usa and SIA to leading senators and congressmen for the same or no media coverage at all.. right?

    Read the news buddy! If you mean legislative changes from the rally... then take a civics lesson. It has not even been one month since the rally yet. These things take time, but momentum is building (see previous paragraph). Did you expect president Bush to come out in the rally and distribute green cards to all present? If you did, come back to reality...

    The September rally was a disaster!!!! We were promised CIR reform in the beginining of this year. Even after a rally, what has been achieved? Nothing!

    I am sorry for sounding pessimistic, but despite all attempts we have been successful. Is this because of our cause getting mixed up with illegal immigration? Is it due to inaction on part of lawmakers? Is it due to ineffective lobbying by IV? Or is there a need to change the IV strategy and leadership?

    What is the cause, people?


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  • psaxena
    02-27 05:29 PM
    Please stop replying to these kind of post. Since these kind of post word illegal,marijuana and others, when somebody googles words related to that the IV page will get listed and first glance makes a bad reputation of IV. I would request the admin to take the thread off the site.

    Your replies fuel the searchability of these kind of threads.

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  • gcnj
    02-12 05:39 PM
    Hi Shana

    I have question i'm planning to use ac21 ,but my current labor certification jon title code is 15-1031 (computer sepcialist engineer -Oracle) but my new job is DBA (application development -Oracle ) But the nature of the job responsibilites are same but i believe the Job code may change b'cos of the Title.

    Do you think will this be a problem if i use AC21.

    Your inputs will be greatly appreciated.



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  • amitjoey
    01-31 12:43 PM
    I hope with this funding mechanism they could hire more efficient people and get things done fast.

    rb_248, Last time there was an increase a year back or so, I felt that it is good to have an increase in USCIS Fees, because it will bring the necessary funds that they say they lack for efficiency. I have been proved wrong. There is no accountability.

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  • dc2007
    08-23 01:23 PM
    Dear plassey,

    Whatever IV is doing fine, nobody here denies that. But here are few points which I think eveybody else is trying to convey, which somehow you don't understand:

    1. This site has an open forum where not only active members of IV, but other people (cowerds, that is what you think, you out-spoken fellow) also seek advice, share their experiences and hence help each other. And mind you, because of these all people, IV and this site also get so much popular.

    2. The other point is WHY YOU PUSH SO MUCH FOR HELP. I think everybody understands the efforts of IV, but let the person decide himself/herself whether he/she wants to give money, go to DC ralley or not. Help is not demanded.

    3. Please mind your language. I don't know why you have so much of anger and you use abusive, disturbing language for others. Its very easy to say a F* word, but very difficult to sort out others problems in decent and graceful manner. I don't think any group like IV (CARE, CRY and hundreds of NGOs in India) will push people like you do.

    4. And people like you are shame for a group like IV (please ask pappu too to confirm) who spread negativity like you did in this thread.

    You need some help to suppress your anger. Please do that Dear plassy...

    Cry baby!
    1. If you are interested in knowing about IV very front page provide you ample of information
    2. Understood there is only one bread earner, well you do pay 1000s of $ to fill stupid forms to lawyers. A fraction of that amount will produce bigger bang here at IV.
    3. Some people here in IV are out of the job but still continuing on their mission. Unfortunately, cowards like you will also be benefited by their efforts.
    4. If you really wanted to help, u could have started by joining the state chapter.



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  • naushit
    12-12 04:23 PM
    I think that the DOS (Dept of State) releases VISA Numbers on a quarterly basis. If that is the case, there should be movement in EB2 India in Jan 2007.

    The other possibility always exists that the numbers were released for this quarter but the demand was SO HIGH that the net date did not move at all.

    possible?? maybe!!

    My understanding is (50% confidence level) , Number for next quarter ( JAN-FEB-MARCH) are already released, and accounted in this Bulletin. My logic is Oct-Nov-Dec was the 1st quarter, and thats why there was change in Oct Bulletin, If this is true...then we should not expect any change in FEB and March bulletin.

    I hope I am wrong. please confirm!

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  • nixstor
    01-13 06:07 PM
    We are not sure of the chronology of events such as your wife's pregnancy, Your job change, your insurance start date. If you guys had individual insurance before your wife's conceiving, insurance cannot deny coverage as pre existing condition. Make sure you put these events in a time line and rule out the possibility of coverage. if you have done so, you have to explore other options.

    As far as changing job is concerned, make sure your job requirement matches the same and similar concept. If you have used AC21, why not use it one more time? Of course, your PD and other personal issues might be stopping you from doing so. But if you are just thinking about using AC21 again, dont worry. Talk to a good attorney and drink the kool aid again.

    The easiest way to get through this is to get under group coverage. I will let you know if there is any way you can sneak into group coverage. but the one I can think right on top of my head is joining an employer with health insurance


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  • saimrathi
    07-06 02:20 PM

    Brian Williams is off tonight

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  • rb_248
    12-13 03:21 PM
    I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.

    I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.

    I want to know :

    1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.

    2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?

    3. Is it possible for this employer to directly file my I-140 against this approved labor...?

    4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)

    5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?

    Please let me know as much as info/ guidance you can provide to me.

    Great thanks in advance for all of your help.


    Congratulations on getting ahead. Make sure this is not a scam. Especially during such crisis times, we are very vulnerable.
    Employer asking for financial agreement - hmmmmm...... After making sure this is not a scam, confirm again.


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  • stuckinretro
    02-17 05:43 PM
    Mine is a CSC to NSC xfer case. FP done in Jan'08 Received HLUD on 02/09 and SLUd on 02/10 for me and my family's 485s. Nothing after that.

    HLUD was


    Current Status: This case is now pending at the office to which it was transferred.

    The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office.

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  • raj_k
    05-25 05:36 PM
    Quebec is a bit more conservative than Ontario (mostly coz of Catholic influences). Montreal is a fine place and one would be able to get along without knowing too much French (anywhere else in QC it's a different story). If you have long term plans for Canada, it's a good thing to know French.. as bi-lingual folks are given preference is many jobs (even outside QC). Montreal has an image of not being friendly to non french speaking folks - hence many who migrate to Canada end up in Toronto. So that may be a competitive advantage for someone moving to Montreal!


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  • tammman
    08-14 02:01 PM
    EAD & AP
    E-Filed: July 19, 2008
    FP: Aug 14th, 2008 for my wife & me

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  • howzatt
    07-06 02:15 PM
    We need someone to youtube this and help with the media campaign!


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  • ujjwal_p
    08-13 03:03 PM
    Since your situation is aggravated, your wife can apply for F1 visa and come here. How you want to answer visa questions on DS-156 or date your marriage cert is upto you. But all said and done and whatever the morale police on this board have recommended is not really valid because you will be going through all of this and not these people who are giving other suggestions. I really want to ask all these people who say dont backdate marriage cert or dont get her on F1, are you guys angels and have done nothing wrong in your lives or are you just preaching others not to sin?

    I think you may have missed the point. The people who were advising the OP weren't necessarily thinking of themselves as angles or as the moral(!e) police, as you politely put it. ;) They may have additional information about a similar situation and maybe trying to help him make the right decision. If you know somebody who tried to backdate a Marriage certificate and got wrongfooted by the Consulate maybe you would try and advise future applicants to be a bit more careful too. Or maybe not. Anyway, not saying that's the case here, but there maybe more to the replies than you think.

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  • nixstor
    06-20 01:46 PM
    My lawyer is asking 350 for EAD and 500 for AP for each person excluding filing fees.Is it normal.or Can I go to another lawyer for EAD and AP who is cheaper than my company lawyer.

    Thats a lot of money for EAD & AP. The law firm might be charging 2 grand for your 485 and another grand for your spouse's 485. You dont need a lawyer for filing EAD & AP. You can file them youself along with the 485 application or after getting a receipt number from USCIS for your 485 application. Ask your law firm to prepare 485 for you and your spouse and return the application packet to you. You can sign it off, add your EAD & AP applications and send it to NSC. I supsect they would be willing to do so. By not giving them they would be forcing you to file EAD & AP through them, given that the fees for everything is going up from next month.

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  • vphope
    07-13 04:33 PM
    Congratulations !

    To others,

    How about if IV publishes his brief story( off course with his permission), congratulating him on IV behalf, in all national news paper ( with or w.o his name ) Date of entry, profession, long time wait- reasons and all opportunities he may have missed, couldn't buy house, collage-tution probelms etc and all struggles he has his family might have faced. point by point.

    Money would come from special campaign. NY TIMES, USA TODAY, Chicago Tribune, Washington Post, Miami Herald etc. News paper industry is struggling so won't cost much to buy a half/quarter page with a title - " An untold story of legal immigration" Or similar kind of eye catching title. Not more than 10-12 lines stating thousands others are waiting in line...

    There won't be difficult to get more his kind of cases to run it on regular basis in future.

    Any one ?

    CONGRATS dineshksharma , great story to be told. good idea Keeme..

    03-16 04:21 PM
    I have just read it.
    Did you read the Tancredo send a letter to the SJC to warn them?

    Can you pls post that letter here?

    02-20 07:03 PM

    Thanks. The most hilarity inducing section of this Q&A is this bit:

    "Q2. Why is this policy being implemented?
    A2. This policy change is in response to a 2005 DHS Inspector General recommendation that USCIS
    align its background check screening policies with those of U.S. Immigration and Customs Enforcement."

    That is SUCH a huge whopper. :D So they waited for 3 freaking years before implementing this!

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