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  • roseball
    02-12 02:05 AM
    **************
    - Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned. --> just found out that it did say BS+ 5 exp is ok - USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
    - Sponsoring employer revoked approved I-140
    - USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
    - USCIS denied the pending I-485 based on incorrect I-140 approval

    If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.

    **********
    Since the application do say BS+5 years and I have copy of the Edu evaluation which says Master equivalent , I do see a good chance now to re-open the case .

    Mine is not a labor substitute. ( just to clarify)


    Thanks
    -vinod

    That one phrase in your LC requirement could turn out to be a life saver for you. Can you further clarify the educational/experience requirements mentioned in LC. Was it Masters or equivalent with zero experience OR Bachelors with 5 yrs of progressive experience? Your educational evaluation should meet atleast one of the requirements mentioned in the LC. Either Masters or Bachelors + 5 yrs exp. I think for your educational background (non 4 yr BS degree), I feel more comfortable with getting the evaluation done to satisfy the BS + 5 yrs requirement rather than going for Masters equivalent. NSC is known to be strict w.r.t 3 yr BS degree when it comes to EB-2 cases. However, since your initial evaluation showed you as holding a masters equivalent, I am not sure if its a good idea now to try to defend your case with BS + 5 yrs equivalence. A good attorney would be able to guide you through with this. I also suggest you to consult any reputed attorney regarding this and get feedback on your company attorney's plans and not just blindly follow what your company attorney says.





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  • tooclose
    08-12 05:32 PM
    How long does the IO usually take to review 485 cases (assuming that the case has been pre-adjtd.) ? Gurus...pls post your thoughts

    Gurus... do you know how long this takes usually ?





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  • gc28262
    07-02 04:01 PM
    So that we get enough attention... I wrote one awhile back, still no luck.

    Instead of writing individual letters, we should approach through appropriate channels like some lawyers, AILA etc. Not sure though.





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  • vinodmp
    02-11 12:26 PM
    " i think you should post it on the attorney forum and talk to a attorney "

    Yes. My attorney has this paper now. Hopefully I should here from in a day or so .

    Thanks
    -vinod



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  • payal_nag
    06-18 12:50 PM
    USCIS issues Employment Authorization Documents (EAD) in the following categories:



    EAD: This document proves you are allowed to work in the United States.
    Renewal EAD: You should apply for a renewal EAD six months before your original EAD expires.
    Replacement EAD: This document replaces a lost, stolen, or mutilated EAD. A replacement EAD also replaces an EAD that was issued with incorrect information, such as a misspelled name.
    Interim EAD: If USCIS does not approve or deny your EAD application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim EAD document.

    If the EAD app is not approved in 90 days, we can request an interim.Doesn't sound like a big problem then.......Am i missing something? Some folks said Interim EAD have been discontinued....but this on their official website???





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  • dhirajs98
    06-28 04:30 PM
    As per online status "Your response received on June 15th and processing resumed". If it's pending for couple more days, As per the rule i should get my $1000 back. Will my I-140 then thrown back in the normal (non-PP) queue?

    How long USCIS tool to update the status online to show your RFE response has been received? I sent the response for RFE on June 7th and there is update about the case at all. No online status update either. God knows what they are doing with it. They are suppose to complete the case in 15 qorking days after they receive it.



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  • redcard
    09-15 08:19 AM
    Its very interesting to read about people�s different perspective about same thing we are all after.. lets ask ourselves.. honestly why we do want GC and I am sure we all would have multiple reasons for this in our subconscious but would not like to bring it to forefront because it would only undermine our own ability to fight it or make life more stressful.. but end of the day we all want this card.. for me I want it mainly for security and peace of mind�lets look at the different situations.. these might be extreme but we all might have thought about these situations atleast at some point in the recent past� .. and especially the people in the seventh year

    1. You are in your seventh year� and you loose you job�.what is the first thought that comes to your mind.. I got to pack and leave .. pack your home of seven years and all your possessions you collected, in two suitcases of 50lbs each and leave�forget the Flat Screen TV,, forget all the electronics and the two cars you love ... just list them in craigslist �

    2. You have home which you bought with so much pride�what do you do? ..List it.. make a desperate sale in this falling market.. loose a ton of money and leave�and don't even talk about all the silk plants..floor lamps.. the furnishing,, they are for the yard sale on the Saturday..

    3. You have child whom you love and have plans for them.. love the school.. are an active member in the PTA � all of sudden what you do.. pull them out of school, move them from the only culture and the country they have known the only President they know is Bush and the only national anthem they have learnt is "The Star-Spangled Banner"�to another place where they don�t even understand the language forget the culture, national anthem etc..

    4. Think about your spouse.. they have adopted themselves to this lifestyle.. probably felt lonely when you moved here 7 years but now like it.. its time for them to move back�why because your don�t have a GC

    5. Forget the Golf and Tennis you enjoy so much here �it was all a very good dream..

    1. You are educated.. have a masters, have a professional degree.. but have been in the same position and department because of your long wait for GC, what happens� the fresh college graduate or the dumb blond who joined two years back and whom you taught how to log into the network is now your peer and you are still on the same desk doing the same job getting the 2% raise and working even more hard..so that you can keep you job..with a new dumb boss.. who thinks you are so dumb that you have been in the same job for so long time..
    2. All your batchmates are doing great..some of them are now sweating to be VP�s having risen by changing jobs �. You are still years away from that situation.. what do you do.. stop attending alumni meets and envy the mails in your yahoo groups from people..
    3. Seven years in US.. you have made your professional contacts.. and have a social network.. in which you invested your time and effort.. loose your job in the seventh year.. and all these contacts are nothing but an occasional international long distance call in future..

    Last but not the least� flight back home to your country is not going to be as smooth as the flight to US was seven years back.. back home look for a job..learn the whole new professional culture �and then set up a new home,,new school for kids�.why because we could not get a GC.. which was not in our control.. and because some stupid insane guy sitting in cave 10K miles away decided to terrorize the people in America in 2001.. and make life difficult for all the people..including people in H1...

    We might all go back to our home country one day.. but the ride back home would be much more pleasant and happier of a choice we made and not because we did not get a GC�

    Good Luck and lets keep up the effort... :)





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  • nrk
    08-11 08:31 AM
    All the best sailesh you are current

    But is it legal for them to post it in its entirety before DOS does?

    Did someone try to call the number listed in the bulletin as it says that the cut-off dates are available on the phone too. I tried that and it is still saying Aug bulletin.



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  • gconmymind
    07-31 01:08 AM
    Forget September, can any member say with confidence that dates for October will move forward at least 3 years for each category compared to August Bulletin?:rolleyes:

    I can say with confidence that dates for October WILL NOT move forward 3 years for ANY category compared to August Bulletin.

    We will be lucky to see 1+ year movement for EB-2/3 India/China. My 2 cents..





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  • senthil
    11-03 06:15 PM
    1) I would go with travelers cheq's like "srinithati" mentioned. That way it wont be a problem asking someone to bring along with them when travelling from India to USA

    2) If you still have any money on your NRI account , check to see if its re-patriatable type. If you what-ever money you have on you URI account ( except the minimum balance you might need to keep you can convert back to dollars.


    3) May eb we should think about Hawala ( India -> USA ) due to these conversion rates



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  • GreenCard4US
    03-10 07:56 PM
    Hope my small donation helps. I am encouraging my friends to contribute.
    Receipt number for this payment is: 2553-5233-6038-5007





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  • copsmart
    11-15 09:35 AM
    Hello Guys,
    I need your advice here. Six month ago i joined one of the many blood suckers -Desi cosulting company in new jersey. As you all know, they ask me to sign their contract in which its mention that if i leave their company before 1 year then i need to pay them 15k. Thy also charge me 3k for my H1-B which i am still paying everymonth from my paycheck and we have 70/30. In just six months i am so much fed up with them. These people are so rude...always show their arrogance over phone. I have no libarity to find job by myself. They always looking for higher pay rate sp that their big money tummy get filled up.and i also feel that they didnt told me the right pay rate for the project i am working on right now.


    I really want to leave them, Even before 12 months. Is there any importance of that contract letter i signed with them?. Can they Sue me? What are my options? Please suggest me.....i am in stress.

    Thnx

    If you are unhappy with this employer, you always have a choice of finding a different one, but there is no guarantee that the other one is also not a blood sucker. This situation will continue until you depend on the consulting companies (especially DESI) for your H1B and GC needs.

    The best option is to find a full time job with a reputed company and stick with them until your GC is completed or until you get to the point where you can use AC21, nowadays lot of companies are processing H1. Check the visa database to find the information regarding the employer you are interested in.

    Don�t just choose the employer based on the attracting benefits they offer. Conducting some due diligence will land you at the right company.

    BTW, what do you mean by �you have no liberty to find a job�? All you need is internet and a phone to talk to people.
    Lot of people including myself has been through this nightmare, believe me it�s not so difficult.

    Good Luck!



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  • cse_us
    08-28 06:23 PM
    My current EAD expires this Friday. I e-filed on May 5th. Infopass after 90 days did not help. They approved my expedite request on 19th and said I should hear something in 14 days which is another 5-6 days.

    I did contact my Senator (Cornyn) who actually offers to help with time-sensitive problems with federal agencies. This was about 2 weeks ago, even before I submitted my expedite request. I'm going to give them a call tomorrow to see if they have heard anything.

    Despite all my attempts, nothing happened at NSC. The last resort, Local Congressman helped. The staff did an excellent job, resolved the issue in a matter of hours. Not only my EAD was approved right away, they also arranged a Letter indicating that my case was approved, so that I can present it to my HR.

    Before I called the congressman's office, I did have very little or no hope, as I went thru many things. This is a very happy ending.

    Thanks, and if anyone in the same boat, pls try all your options.

    Good Luck





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  • BECsufferer
    10-11 10:59 AM
    Are you kidding us? I do not know what level of education you have achieved so far in your life but it looks like you are not enough educated to differentiate between the definitions of permanent residency, citizenship and perhaps working on work visa as far as legal stay in USA by outsider is concerned.

    What would be the "legal" reply from US Supreme court,if you ask US supreme court that whether citizen of other country can call US president a "My president"? . And What would be the "legal" reply from Supreme court of country A,if you ask that whether citizen of country A can call US president a "his/her president"?

    USA expects someone to abide by the land of the law while s/he come to US to work legally. And what is expected legally is one is not involved in "Anti USA" activity whatsoever it may be.USA legally never expects citizen of other country "to love" or "show fidelity" towards USA when s/he is still the citizen of other country.

    PavanV is right in his argument, in a sense, that when some person is citizen of country A at this moment his/her fidelity naturally must be for his/her country A. This is the legally expected human behaviour in every society and country. It would have been perfectly o.k. and "legal" about rsharma's statement if he would have already been US citizen at the time when he stated what he stated.

    Such ridiculous, unnatural, premature, unethical and spineless behaviour can only be shown by the people who are already morally sold.

    First of all when somebody comes here in USA on work visa, s/he has come on invitation from USA base legal employer's willingness and is ethically, legally and morally obligated to provide professional class and quality of work for what s/he is hired. Nothing more or less is legally expected by USA and employment system within USA. USA and its whole society is well aware that these persons are citizen of other countries and so they never expects any kind of fidelity from them at least "legally" and at the same time they even do not grant the rights what US citizen nornmally have. Now out of that bunch many people prefer to go for permanent residency as permanent residency bring little bit stability in living and flexibility in employment and international travel. If one becomes a permanent resident of USA then also USA still only expects that person abide by the law of the land and do not involve in "anti USA" activity. It still does not expect "fidelity" towards USA in legal sense.There is no legal or social or political or any kind of pressure from USA or any governmental or non governmental institutes within USA on any particular person coming from other country to become its citizen. One can stay on permanent residency forever till death(At least based on current prevalent law) and legally work and s/he does not have to become a citizen for working legally. And I do not know about other countries but in India it is not considered "illegal" and/or "unpatriotic" to go in other country(Except Pakistan and Bangladesh) for legal work so coming to USA for legal work whether on work visa or becoming a permanent resident in USA while maintaining Indian citizenship simultaneously is not unpatriotic or illegal. Simultaneously USA's legal system allows an Indian to remain as citizen of India while residing in USA permanently for legal work.

    Now if somebody decides to become a US citizen, there is nothing wrong in that. I do not see anything wrong when rsharma states that "I have decided to become US citizen in future". But if he is mature and human enough then his fidelity at this moment should be towards India (Assuming he is a citizen of India currently) as he is a citizen of India at this moment. Showing this kind of behaviour perhaps may not be a outright unpatriotic in terms of "Indianness" but it certanily signals probable but strong disloyality towards India.

    And I do not think that USA citizens are that naive that they consider the people "not mingled" if citizen of other country do not call USA president a "My president" while holding the citizenship of other country.

    If calling US president a "My President" by non citizens would be the barometer of "mixing" / "mingling" then USA would not be today's USA. So please do not kid USA and us .


    Dude people like you are what irritates me. You guys want best of both countries without taking resposibility for either one. If your heart truly goes for "bharat maa" than why are you wasting your precious life serving American Corporations? your "bharat maa" is still 3rd world country and rift with many challanges that you could have worked upon to elivate it from. But you preffred to apply for GC and no where is it written that your getting GC would make "bharat maa" proud or rid her off her miseries.

    Sorry, but I prefer to call a spade a spade. And I take side with country, that I might not be citizen of yet, but has given me what I could have never achieved in my life back in India. I am thankful to this country and look forward proudly to becoming citizen of USA.

    So, God bless America !



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  • ohguy
    09-27 09:45 PM
    Which center did you apply and where did you send the supporting documents?

    Did you send it to the address generated on the receipt?

    We applied for my wife EAD/AP on June 7, 2010 (E-file)
    Her EAD was approved in few weeks back but there is nothing on her AP.

    Her LUD change was on 6/11/2010 when they issued the receipt.
    We called USCIS and initiated SR. Still no change in LUD.

    Infopass is not a great option for us (3 hour drive one way). Any help is appriciated.
    (We used to have POJ trick for calling NSC IO directly,
    Does it still work?
    If yes, what are the steps?)

    Thanks in advance.
    485_spouse





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  • makemygc
    07-06 11:54 AM
    The people who became "Current" with FIRST July Visa Bulletin
    That's the entire world. You must be kidding.



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  • qualified_trash
    09-15 10:37 AM
    I am not sure any one one of the people who made the above posts have their GC......... I would actually agree with mihird.

    if you plan your life, you can overcome most obstacles, not having the GC included. it is folks who do not plan long term that are in trouble





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  • pappu
    04-25 06:38 PM
    Tuesday 05/01/2007 - 3:00 PM
    2237 Rayburn House Office Building
    Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law
    Hearing on An Examination of Point Systems as a Method for Selecting Immigrants
    By Direction of the Chairman





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  • lazycis
    05-01 09:24 PM
    Actually...with India growing up fast....i do not know if I am wasting time here.....want to go back .....
    If there is no growth in India...then it makes sense to stay here....

    https://www.cia.gov/library/publications/the-world-factbook/countrylisting.html
    GDP - per capita: India $2,700, US - $46,000
    GDP total: $1.09 trillion v. $13.79 trillion
    Inflation rate: 5.9% v. 2.7%
    growth rate: 8.5% v. 2.2%

    It may make sense for you, I am not completely aware of the situation in India. I agree that the situation with GC is bad for EB3 India, but I think there are plenty of opportunities here as well. Just do not base your decision on emotions, keep your cool...





    skd
    12-31 03:42 PM
    And God Bless you Javadeveloper and God bless everyone





    desidas
    02-01 12:28 PM
    Gurus,

    At PortOfEntry, CBP officers are QUESTIONING IF you are working for the sponsoring employer and many folks just switched jobs with AC-21 with no valid H1B anymore.

    Questions:

    1. What are the Consequences at Port of Entry on travelling with AP and NOT working for the ORIGINAL GC sponsor?

    2. Can anyone share thier experience what was the outcome at Port of Entry when the answer is "NO - I am not working with sponsoring employer anymore" Were they held at Portof Entry indefinitely ?

    3. What Steps can anyone take when at CBP office/Immigration Official is NOT allowing you to re-enter US on Valid AP (I-485 pending) and you are NOT working for sponsoring employer and no valid H1B?



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