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  • saileshdude
    02-11 03:29 PM
    Even if the Labor cert says "Masters" then as long as you had BS + 5 years experience before you filed for labor, to qualify for EB2, this should be ok. Unless the BS was a three year degree and you did not have the required experience.
    From USCIS perspective to qualify for EB2 you should be Masters or BS +5 experience.

    I think if this is true you have a good chance to fight this.





    Looking at the Labor cert , it says "Masters degree" and NOT "Masters or equalent". that might be the caused the I140 denial .

    Any one had this situation before ?

    Thanks
    -vinod





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  • rtarar
    09-28 11:34 AM
    Situation : Travel in Oct for school(MBA)

    Applied online : 21 July 2010
    Center: TSC
    No updates till sept 14th.
    Got cencerned and on sept 14th called TSC created SR for non receipt of biometric appointment letter.(Only legal reason to complain as application is still under 90 days of application)
    LUD on Sept 20th.
    Called sept 27th afternoon again and told that notice as to how the SR will be processed. The processing time for SR was mentioned to be 60 days.:eek: Created an expedite request reason citing "sever financial loss to individual".
    sept 27th 7:35 PM received approval emails for AP for spouse and self.:confused:


    In short WTF?:mad: ... but eventually :D till next year around.





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  • anilsal
    07-21 02:31 PM
    Let us hear more info from the IV core about the SKIL bill and why the dems voted nay for it. Just do not go analyzing things from your perspective, on a public forum.

    Just the way, IV was instrumental in getting the July Visa Bulletin fiasco rectified, they are on top of everything(I am sure). Have a nice week end.

    Why don't you PM the core members directly looking for answers?





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  • desi3933
    06-18 11:50 AM
    Another important question is: Will USCIS allow AC21 without an approved EAD?

    One does NOT need EAD to use AC21. I don't understand the panic.

    In fact, one can be working at Employer B and can claim AC-21 for Employer C as a future job.

    ----------------------------------
    Permanent Resident since May 2002



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  • GC_Optimist
    08-31 08:13 AM
    Is it possible to get Drivers license extended based on 485 receipts and EAD card. ?





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  • luckysiri
    04-15 11:38 AM
    I think we should start a Employer Hall of shame and nominate employers who are either cheating the employees or the Immigration system.

    This will help future employees and the immigration community as whole.

    I am not sure if there are any legal implication to starting something on IV on this

    Yes. It will be very helpful for the future employees falling into Jaws of the greedy employers.

    I am in, I will fight for this cause whatever it takes to prevent this kind of descriminations.



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  • JulyFiler
    09-22 10:53 PM
    And this is the message "Wakup and Be Positive - Ok, PLEASE show your talent - WHAT CAN U DO"..

    lets not go to talent yet.. lets be grown ups first.





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  • cpolisetti
    04-26 04:40 PM
    Can we do something in Indian regional news papers? I know http://www.eenadu.net or http://www.vaarttha.com/ two most popular online Telugu newspaper for skilled immigrants in US. Also www.idlebrain.com has popular enough which might help different group of people to know about what IV is doing.

    It would be so great if our Chinese members told us more about this portal, and any others where we could get the word out.

    Thanks!

    Berkeleybee



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  • mpadapa
    05-13 03:15 PM
    485Mbe4001, I concur with your views. Your posting is identical to my case except that my PD is Jan 2004!!

    I do agree an aggressive lawyer who knows the system would've put me in a much better situation.

    After you wait for 7-8 years in your category for your visa your thougths will change. I have MS from an american university + work experience. Our lawyer decided to file EB3 in 2001, they convinced the company that EB3 is easier to get approved. i am still waiting for my GC, in the mean time i have gained a lot of experience, i am still an EB3 for USCIS. There are many in a similar position.

    People talk about unethical practices etc. i feel that they ones who jumped the queue and used agressive lawyer already have their green cards. Most of my friends are already thinking about citizenship (and ROI after USC..that is a different forum :)).

    Its people working in multinational companies who follow the law by the book are the ones who get screwed, its just my observation and opinion ..good or bad, i dont know...





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  • GCwaitforever
    02-25 10:55 PM
    I will be sending my second contribution soon.



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  • vivekm1309
    09-05 03:19 PM
    Recently I returned after a one month trip to India. At DC airport the CBP secondary inspection officer grilled us rough. First he called my wife and asked why did we leave US. She told that since my parents are old and not in good health we visited them. Then he started asking for documents proving it. And told us that without documents he won't let us enter. He went on to say that AP is only on humanitarian basis and unless CBP officer is satisfied with proof they cannot allow AP holder to enter. Finally after convincing him for another 30 min he let us in.
    This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.

    Thanks for sharing this experience, I feel sorry for you that you & your family had to go thru this. I want to check with you what finally conviced the officer to change his initial stand to let you in? This will help us to learn from your experience... Thanks





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  • chanduv23
    03-09 11:30 AM
    Visa Bulletin For April 2011 (http://travel.state.gov/visa/bulletin/bulletin_5368.html)

    EMPLOYMENT-BASED PREFERENCES

    First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

    Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

    Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".

    Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

    Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

    4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

    5. On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)
    Family- Sponsored All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES
    F1 01MAY04 01MAY04 01MAY04 15FEB93 01APR95
    F2A 01APR07 01APR07 01APR07 01JUL06 01APR07
    F2B 15APR03 15APR03 15APR03 15JUL92 01DEC99
    F3 15MAR01 15MAR01 15MAR01 08NOV92 01JAN92
    F4 01FEB00 01JAN00 01FEB00 01FEB96 08MAR88

    *NOTE: For April, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01JUL06. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01JUL06 and earlier than 01APR07. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

    Employment- Based

    All Chargeability Areas Except Those Listed
    CHINA- mainland born INDIA MEXICO PHILIPPINES
    1st C C C C C
    2nd C 22JUL06 08MAY06 C C
    3rd 22JUL05 01MAR04 08APR02 08MAY04 22JUL05
    Other Workers 22JUL03 22APR03 08APR02 22JUL03 22JUL03
    4th C C C C C
    Certain Religious Workers C C C C C
    5th C C C C C
    Targeted Employment Areas/ Regional Centers C C C C C
    5th Pilot Programs C C C C C

    The Department of State has available a recorded message with visa availability information which can be heard at: (area code 202) 663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month.

    Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

    B. DIVERSITY IMMIGRANT (DV) CATEGORY

    Section 203(c) of the Immigration and Nationality Act provides a maximum of up to 55,000 immigrant visas each fiscal year to permit immigration opportunities for persons from countries other than the principal sources of current immigration to the United States. The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This reduction has resulted in the DV-2011 annual limit being reduced to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

    For April, immigrant numbers in the DV category are available to qualified DV-2011 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
    Region All DV Chargeability Areas Except Those Listed Separately
    AFRICA 35,450 Except: Egypt 27,600
    Ethiopia 22,150
    Nigeria 14,100
    ASIA 19,250 Except:Bangladesh 18,350
    EUROPE 23,200
    NORTH AMERICA (BAHAMAS) 8
    OCEANIA 1,000
    SOUTH AMERICA, and the CARIBBEAN 1,075


    Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2011 program ends as of September 30, 2011. DV visas may not be issued to DV-2011 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2011 principals are only entitled to derivative DV status until September 30, 2011. DV visa availability through the very end of FY-2011 cannot be taken for granted. Numbers could be exhausted prior to September 30.

    C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK
    CUT-OFFS WHICH WILL APPLY IN MAY

    For May, immigrant numbers in the DV category are available to qualified DV-2011 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
    Region All DV Chargeability Areas Except Those Listed Separately
    AFRICA 42,000

    Except: Egypt 31,200
    Ethiopia 26,200
    Nigeria 15,450
    ASIA 23,500
    EUROPE 27,800
    NORTH AMERICA (BAHAMAS) 12
    OCEANIA 1,175
    SOUTH AMERICA, and the CARIBBEAN 1,150

    D. RETROGRESSION OF FAMILY PREFERENCE CUT-OFF DATES

    Continued heavy applicant demand for numbers in the Family First (F1) preference category has required the retrogression of the Worldwide, China-mainland born, and India cut-off date for the month of April.

    Further retrogressions cannot be ruled out should demand continue at the current levels for some categories and countries.

    Not much good news for EB2 and EB3 India. I hope folks realize and do the lobby day seriously.



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  • chanduv23
    10-03 11:50 AM
    I will be in NY that Friday for a meeting. I am not sure if my flights are booked for Friday evening or Saturday. If I can I will definitely make it!:)

    Wonderful - if you can make it - we will see u here :)





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  • belmontboy
    03-15 10:20 PM
    Thank you belmontboy, I will talk to attorney at the earliest and see how it goes.. will update the forum.

    Also update your profile

    Thanks



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  • go_gc_way
    05-11 11:06 AM
    :) This is good news, I believe our amendments would be carried in.

    Kindly elaborate what this means to us and if any of our amendments would be carried for voiting. :)





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  • rajuram
    07-01 10:30 PM
    Does anyone know whether hard copy of Labor approval is required for filing Form 1-140. My Labor status shows certified, but my lawyer is conveying that they have not received my hard copy of approval to process Form I-140 and 485. Can some one tell me if we can take a print out of Labor approval from online status and use it for filing 140.

    it is required by law. if lost in mail, then you have to do special documentation with i 140



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  • GCmuddu_H1BVaddu
    03-26 09:10 PM
    Man, everyone gave me REDs for opening this thread and I am surprised it is keep coming to the top. I can see this going to several pages :confused::confused:





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  • arnet
    11-01 07:38 PM
    thanks villamonte6100 to bring this issue up to IV notice. btw in which state you had this problem?

    I know few states have their own set of rules for license renewal or for first time license issue, but not sure whether entire US states are asking for more immigration related documents during the renewal and that too taking 9wks verification as you said, nt sure whether it is true...

    may be IV core team should open a link, should ask everyone to post if they had similar experience recently in their states so that we can find out more fact abt this issue.

    based on what you said "9 wks verification for immigration status", incase if it is true, then we are getting backlog (retrogression) problem even in driver license renewal.....we have this retrogression problem in gc process, name check process, etc...

    hope it is not true, otherwise we have to add this to IV goals in home page and we have to start working on it.....





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  • bugsbunny
    04-21 01:35 PM
    Thanks ! Thats what I thought , but wanted to confirm with senior members.

    i am not senior...but we do have free attorney conference calls on thurdays
    We might miss a thursday or so ...we are in the process of making it more regular
    But you can certainly ask this question over there and confirm it with the immigration attorney.





    cse_us
    08-28 09:55 PM
    Is it a good idea to contact the Congressman even when 90 days are not over. My EAD expires on 18th September and 90 days will get over on 24th September. I have already put in the expedite request with Texas, but haven't heard since then, whether its approved or not. Please suggest what should I do?

    I would suggest to wait 2 more weeks before contacting the Congressman, but your call.





    PD_Dec2002
    03-17 03:36 PM
    There is already a thread open that aims to achieve similar results: http://immigrationvoice.org/forum/showthread.php?t=17660

    I agree with what most of the people here have said. The US economy is in a bigger hole and people buying houses isn't going to save it. It is going to take some creative and strict solutions from the Fed and the Govt to get the economy out of this mess.

    Regards,
    Jayant



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