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Sunday, June 26, 2011

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  • pointlesswait
    07-22 05:23 PM
    to port..the pD..u need to send in the earlier approved 140 with the new 140 that you file..
    i have read of instances when the PD was successful and few instances when it was not...
    so i am not sure..what the criteria is..
    but if you are in the same industry..PD porting should not be an issue..

    ....
    i have a feeling sooner or later PD porting may be banned by USCIS..;-)

    I am exploring the possibility of making the Inter-filing. I have been speaking to some well known, street-smart attornies. One mentioned that the "Priority Date" is decided only upon approval of I-140. He also wrote that for keeping the earlier priority date, the 2nd I-140 application (new) should be filed along with copy of the approval of the first I-140.

    In your case, it appears that you did not send the approval copy of the first I-140 along with 2nd I-140 application.

    Probably, you can send the approval of EB-2 I-140 with earlier PD, along with I-485 receipt copy to the Service Center and ask them to allot the earlier PD. Please take the assistance of attorney for doing this.





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  • sparklinks
    07-27 02:27 PM
    From Murthy..

    Got Receipt

    Application Received on : 07/03/2007
    Agency : Nebraska
    Status : Delivered on 07/09/2007
    Case: EB3-India Jan 2004
    Returned/Rejected : Accepted, got Receipt # LIN xxx-xxx-xxxx.





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  • eyeinfinitude
    02-03 12:40 AM
    Goodness!! These entries are awesome, I envy you guys. It was hard to decide, but it came down to eilsoe's and soul's. I ended up voting for Soul's because I liked the colors he used and the amount of detail put in. Eilsoe's piece is detailed as well, but the colors weren't too appealing. Great job everyone. =)





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  • greensignal
    06-19 02:02 PM
    Akhil,

    Can you pls send me a copy too? thanks in advance!

    a copy for me also please.



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  • perm2gc
    05-22 04:14 PM
    Very sad to see this coming from the Core Member...Are we losing hope here, is that the game plan are we looking after putting tremondous effort for all these years?
    Reality is always hard to take :D





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  • gcwait_07
    11-04 03:01 PM
    I would think coming from MI, a state that has one of the highest unemployment, and the relief that the auto industry got - it continues to exist because of those liberal fiscal policies.

    Besides, his being liberal fiscally/socially has nothing to do with our issues. He is probably the best ally for our issue in the democratic circle...


    Cannot agree more, I find it idiotic we blaming someone because they are liberal in something. Most of us come from a country where 90% of the time "corrupt" is the only way we can define politicians. Listening to talking heads on TV shows and parroting the same crap sounds stupid. The environment right now is not conductive to any kind of immigration bill unless done in very absolute secret. This is a lame duck session,no one knows what will happen after 2 years.

    Someone was talking about distinguishing between illegal and legal, yes but once they start digging in deeper we have the dreaded "H1B". Hopefully the economy continues to improve ,due to so-called liberal policies, and we have better job market and public sentiment improves. Don't know if IV has any strategic plan for this time frame.

    BTW, Someone blaming a president for being liberal socially when they are the smallest minority in the country is absolutely stupidly mind boggling!!!



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  • sanbaj
    07-31 11:01 AM
    I called USCIS NSC yesterday and asked if my new approved I-140 was interfiled with my pending I-485. The IO asked me for my A# and then told me that she doesn't see the new I-140 starting with SRC on the system. She only sees the original I-140 with the LIN. It was very frustrating to hear this as I had called NSC a week before and the IO told me that the new I-140 is in the system and visa was available for me. However, I remembered that last week the IO did not ask me for my A#. She only asked for the receipt numbers of my pending I-485 and the new I-140.
    Friends, what else can I do to make sure that my newly approved I-140 under EB2 is interfiled?
    Speaking from my case, I called NSC for the same reason multiple times and every time the information I got (now looking back) was either useless or insignificant. Only one procedural info I got once was correct. They informed me that when you Interfile, your request goes into your file and no receipt or any other update is done to your case. When your 485 app RD becomes current and an IO picks up the case to work on it, should consider the Interfiling request. If your PD is then current due to the Interfiling request and every other detail on your 485 app is complete, your case is approved immediately. That is exactly what happened to my case. Calling them is less fruitful and more frustation. I only called them once a month after they changed their processing dates for the month just in the hope I may get lucky with an IIO who may give some info. Never did. I also took an Infopass, but that was fruitless too, as they also could not provide any information. Just asked me to wait until my RD becomes current.

    Hope this gives you some perspective and lowers your anxiety.





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  • coopheal
    04-17 02:20 PM
    Do you guys think EB3 India will move forward?
    It does say that similar expansion could happen for other chargeability areas.

    F. VISA AVAILABILITY DURING THE COMING MONTHS

    Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year.

    Unless there is a significant increase in Employment demand, it will be necessary to continue this rate of movement during the upcoming months. Such movement could be expanded to include other chargeability areas and preference categories.

    One consequence of rapid cut-off date advancement is the inevitable increase in demand for numbers as adjustment of status cases are brought to conclusion at CIS Offices. Such increased demand could have dramatic impact on the cut-off dates. Readers will be provided as much advance notice as possible should this occur.



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  • needhelp!
    01-12 11:21 AM
    Birth & Womens Center in Dallas. (birthcenter.net)

    I know several ladies from my Bradley class who have delivered their babies there and have great reviews.

    Their total fee is $4,950 for all the prenatal care and normal pregnancy and delivery (no insurance).

    Also anyone who wants to avoid medicated deliveries should check out Bradley classes.





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  • ItIsNotFunny
    06-18 01:49 PM
    This is really required. I am with you. I myself was stuck last year and had to postponed my ticket for 8 days. My wife is scared to go to India even if my father in law is not well due to this issue as managing kids will be way more difficult without her if she is stuck.



    If you hold work visa like H or L you may need to get the re-stamping upon the extension of your expired visa. H1 status and Visa stamping both are different things. H1 approval is the authorization to work in US, and Visa stamped on your passport is authorization to enter into USA.

    Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.

    Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.

    But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.

    The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants

    Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS

    There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school….

    So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.

    If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.

    Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.

    We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.

    Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.



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  • snathan
    03-26 10:42 AM
    Hi Guys,

    I am not sure if this is the trend everywhere only in TX. The DPS - Department of public Safety which is issuing Driving License started asking for the Employment Verification or latest Pay Slip. I asked the officer if its the new requirement and she replied Yes, its started recently. If you are in H1 or H4 visa, you need to prove that you are still in job and getting paid. One more nail in the coffin.

    Thanks





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  • jahnavi
    06-20 12:29 PM
    jahnavi
    May i know when was your last fingerprint done, my PD is Aug 2003 and i had finger print done long back so do they need to do the fingerprint gain before approving?

    I gave type 2 Fp in 8/2006
    All fingers this year March again

    Good luck



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  • shivarajan
    06-10 03:52 AM
    funny it says ...

    "...... we can likely expect to see the following cutoff dates in the October, 2009 Visa Bulletin:...."

    EB2 Worldwide: Current
    EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year.

    Can anything be grimmer than U (EB3) and 01-JAN-2000 --almost 1999 (EB2) which it is currently?

    It may be "U" (that's not grim for us for sure, we can take anything now --some have lost it waiting long... so try out?)

    Or ohhh wait r they creating a new record assigning something like 1991 for EB* (India) rather than U?

    U don't even see cars that old on roads :D





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  • aroranuj
    04-19 12:36 PM
    Hello All,

    Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.

    She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.

    Can members with knowledge of these kind of scenarios shed some of their thoughts?

    Thanks.



    Hello All,

    I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.

    "A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.

    Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.

    However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"

    Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.



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  • bestia
    08-31 11:23 PM
    you are assuming he has applied for 485. If he has not, (ie. started labor in 2004) then until atleast July he would be in the same boat. If his LC is still in BEC (remember 30K are still stuck there); then all of this applies to him even after July VB fiasco!

    Well.. this is how I understood "He applied for his so-called green card, [...], in 2004" if it means LC, then the article is correct. but then "eight years ago" - doesn't make sense.

    BTW, the link works without 'www' (stone to abc's IT guys)

    http://abcnews.go.com/Business/story?id=3526093&page=1





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  • GKBest
    08-20 03:56 PM
    This is really sad and very unethical. As my lawyer would put it, the I-140 is owned by the employer that's why he was hesitant at first to give me a copy. So I guess, your employer can do this. I think he knows that you won't have the gut to expose him since this will also put you in an awkward situation since you paid for your labor and I-140 which, strictly speaking, is against the immigration law.

    Think of other ways to get even with him.



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  • helloh1
    01-27 01:35 PM
    Jaihind...thats really unethical. Its sad to hear such experiences.
    Although I cant help you...I really wish you good luck.





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  • Sheila Danzig
    12-04 10:49 AM
    EB2 cannot combine education or work experience. It must show a single source degree.

    Note the following information from the 2006 annual conference of the American Immigration Lawyers Association (AILA) in San Antonio, Texas. "For employment-based immigrant visa purposes (aka green card), the U.S. Citizenship and Immigration Services (USCIS) will not equate a three-year diploma plus a post-baccalaureate diploma as being the equivalent of a U.S. Bachelor's Degree for either EB-2 or EB-3 classification. Additionally, the USCIS does not accept a combination of academic background and work experience as being the equivalent of a U.S. Bachelor's Degree for "green card" purposes"

    This can be done for EB3 IF it was stated on the labor certificate.



    Santa,

    Thanks for your response.
    Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree

    H1Girl,

    Thanks for your response.

    Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.





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  • GCInThisLife
    07-19 12:52 PM
    The company filed for her H1B COS which was approved with new I-94. Lot of people with consulting firms especially spouses would be in similar situation and while following the forums, I haven't heard many denials with this reason i.e., joining the employer a little later for H1B approval.

    So what are the chances of getting a RFE or denial? Since we already filed for 485, I am not sure if there is anything we can do.





    harsh
    12-12 04:41 PM
    EB-3 india is not yet completely out of 245(i) mess. If you remember the last month's priority date was 22Apr 2001. Now in Jan priority date is 08May2001. 245(i) ended on Apr30th 2001. So this month's progress still includes 8 days of 245(i). I would imagine that more cases were filed from Apr 22 - Apr 30 as this was the last week. So its still a long way to go before EB3 is completely out of 245(i).





    PHANI_TAVVALA
    04-29 01:52 PM
    Typhoon costs about $135M a piece
    Eurofighter Typhoon - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Eurofighter#Costs)

    Rafael costs close to $100M.

    India definitely needs a F-22 like aircraft considering the Indian AGNI-3 is still not operational and there is no proper long-range nuclear weapon delivery medium. Sukhoi's and Mirage's are no F-22's.



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