django.stone
11-03 03:58 PM
I hope once DOS decides to change the spillover and give the extra visas to Eb3 (whoever ROW , India....). The ensuing discussions from from the self glorified EB2 crowd here would make for an entertaining reading. I would like to see how much they enjoy the predictions after that.
Changing to vertical spillover will NOT help EB3 India or China. EB3 ROW is not current and it will suck up all overflow leaving EB2I, EB2C, EB3I and EB3C to their annual quota only. USCIS changing the process to horizontal spillover is the best thing that has happened to I and C community in the absence of immigration reform. Now there is at least some hope for EB3 folks to get a new job and apply in EB2, as at least that queue is faster. If we fight among ourselves and stop vertical spillover, it will only benefit EB3ROW as they will get all overflow from EB1 and EB2ROW. Please guys, let's not fight.
Changing to vertical spillover will NOT help EB3 India or China. EB3 ROW is not current and it will suck up all overflow leaving EB2I, EB2C, EB3I and EB3C to their annual quota only. USCIS changing the process to horizontal spillover is the best thing that has happened to I and C community in the absence of immigration reform. Now there is at least some hope for EB3 folks to get a new job and apply in EB2, as at least that queue is faster. If we fight among ourselves and stop vertical spillover, it will only benefit EB3ROW as they will get all overflow from EB1 and EB2ROW. Please guys, let's not fight.
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techbuyer77
07-17 09:33 AM
can you post a link please?
rkotamurthy
10-11 05:21 PM
I was in the same boat -stuck in DBEC upto July 20th. I just scrapped thru and filed AOS Just-in-time.
For all those stuck in BEC and missed the July 2nd- Aug 17th window, please be assured that IV has not forgotten about you. One of the items IV has always been pushing for is "ability to file AOS (I-485) when Visa number is not available".
Please remember - Not doing anything about your GC situation is not an option
For all those stuck in BEC and missed the July 2nd- Aug 17th window, please be assured that IV has not forgotten about you. One of the items IV has always been pushing for is "ability to file AOS (I-485) when Visa number is not available".
Please remember - Not doing anything about your GC situation is not an option
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bkshres
08-08 09:05 AM
I am currently on H1B visa and I want to switch the company. New company is not willing to do H1B transfer and want me to work on EAD. I have pending I485 EB3 ROW with priority date of March 2006. Its been more than 180 days that I filed for I485 so I can use AC21 with EAD.
But my question is how risky will it be if I switch job at this stage with EAD?
Thanks in advance,
BK
But my question is how risky will it be if I switch job at this stage with EAD?
Thanks in advance,
BK
more...
go_guy123
12-20 03:13 PM
Was this is a change in the procedures of USCIS? If yes, could we not request them to increase the length of the EAD from 1 to 5 years? This will help many of us too. I need to get my DL renewed every year along with the EAD.
Well there was court case related what constitues the 6 years where court said that only period of stay on H1b in US (so period of stay outside US on H1b) doesnt count.
So the law didnt change its the interpreation of law that was changed by the court case.
Same logic goes with H4 (they dont work on H1B ) so it was a matter of time someone would also challenge that on court and win.
uscis decided to do that based on the interpreation of course case
http://www.murthy.com/news/n_aaoall.html
Based one that even this one could have been challenged.
Well there was court case related what constitues the 6 years where court said that only period of stay on H1b in US (so period of stay outside US on H1b) doesnt count.
So the law didnt change its the interpreation of law that was changed by the court case.
Same logic goes with H4 (they dont work on H1B ) so it was a matter of time someone would also challenge that on court and win.
uscis decided to do that based on the interpreation of course case
http://www.murthy.com/news/n_aaoall.html
Based one that even this one could have been challenged.
svam77
08-10 01:01 PM
And on the top nothing is justified .....
only two centers process LAbor Certs. Chicago approves in 4 days mx, but Atlanta Center approves in 4 months .... So people who applied in chicago can file their 485 but people who filed in Atlanta cannot.
Why dont u show ur frustration there ??
And legally, LS or LC or what ever or GC for that matter in these cases, is an employer based peition. And if a legal company wants to do it ......why r u guys worried .......DO NOT GENERALIZE EVERYONE. and on the top .... no one is a dharmatma here as someone said .......
And I know many people even on this forum who just alter their experience letters to match the skill set on the labor ? What about that ? Even that is a bigggg fraud ......Even if it is ur own labor
And I was in the US for the past 8 years, (F1 and H1) and me opting for a labor from last year .....How far is it justified ..... yes i did not want to jump ahead ........
And all of you are here to show ur frustration just because of July fiasco .....otherwise .......Hmmmmm Try to work with IV to do something for the community but jsut do not waste ur time forsomething which is past nowww, sickening ....
The whole GC thing is a broken process ....... Just leave this topic here
and it would be good if the moderator closes this thread ......
only two centers process LAbor Certs. Chicago approves in 4 days mx, but Atlanta Center approves in 4 months .... So people who applied in chicago can file their 485 but people who filed in Atlanta cannot.
Why dont u show ur frustration there ??
And legally, LS or LC or what ever or GC for that matter in these cases, is an employer based peition. And if a legal company wants to do it ......why r u guys worried .......DO NOT GENERALIZE EVERYONE. and on the top .... no one is a dharmatma here as someone said .......
And I know many people even on this forum who just alter their experience letters to match the skill set on the labor ? What about that ? Even that is a bigggg fraud ......Even if it is ur own labor
And I was in the US for the past 8 years, (F1 and H1) and me opting for a labor from last year .....How far is it justified ..... yes i did not want to jump ahead ........
And all of you are here to show ur frustration just because of July fiasco .....otherwise .......Hmmmmm Try to work with IV to do something for the community but jsut do not waste ur time forsomething which is past nowww, sickening ....
The whole GC thing is a broken process ....... Just leave this topic here
and it would be good if the moderator closes this thread ......
more...
Sachin_Stock
08-25 10:14 AM
While it is true that EB 3 india will take "forever" for those with priority date after 2005, USCIS has been coming down heavily on recent spate of EB3 to EB2 filings. One thing to ask an employer who claims to file EB2 on your behalf is whether they have applied similar EB2s successfully for candidates at similar position that they are offering you. If they fail to provide a satisfactory answer, they are more than likely luring you with a false promise.
That has always been a standard practice. That is part of PERM Labor process and is NOT new.
That has always been a standard practice. That is part of PERM Labor process and is NOT new.
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boreal
06-10 01:11 PM
If they say that most of next year's quota is ready to be filled as well, then probably there are enough applicants from all categories/countries whose applications have been pre-adjudicated. Reading between the lines, this probably means that they will have to honor the country limit of 7% - since they obviously wont know about spill over, if any, in July 2010, now and the only reason they could have claimed that the quota is ready to be filled is only if they had known that there are enough applicants from all the countries. So 8000 overall for EB2I and 8000 overall for EB3I. I hope i am wrong.
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knacath
10-19 02:57 PM
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Eagle
12-01 04:50 PM
Thanks Santa for your reply.
I received an RFE. But it was on accreditation of my MBA school. There was no RFE on bachelors degree. My lawyer replied to the RFE on accreditation. In response, there was straight denial without even notice of Intent to deny citing 3 year bachlor degree.
Yes, we submitted education evaluation along with I-140. The evaluation was done by Trustforte. When we received the RFE on accredidation, we sent second evaluation from Trustforte but this time a detailed course by course evaluation of MBA.
In the evaluation that was done, the evaluator equated my Indian MBA with US MBA and there was no mention about bachelors.
Please advice if I need to do something different this time.
Santa, could you please give me the case number of the AAO case handled by Murthy so that I could download the same from the USCIS website.
I received an RFE. But it was on accreditation of my MBA school. There was no RFE on bachelors degree. My lawyer replied to the RFE on accreditation. In response, there was straight denial without even notice of Intent to deny citing 3 year bachlor degree.
Yes, we submitted education evaluation along with I-140. The evaluation was done by Trustforte. When we received the RFE on accredidation, we sent second evaluation from Trustforte but this time a detailed course by course evaluation of MBA.
In the evaluation that was done, the evaluator equated my Indian MBA with US MBA and there was no mention about bachelors.
Please advice if I need to do something different this time.
Santa, could you please give me the case number of the AAO case handled by Murthy so that I could download the same from the USCIS website.
more...
Jaime
08-31 05:34 PM
i meant to ask this earlier
if you are unable to make it to DC- and if it's for any reason that we can help with at all- please let me know. you can pm if you want.
Thanks so much man! Actually I was all set for Sept 13 but have a work appointment on Sept 18, yet I am even thinking of cancelling that to attend. I don't care how expensive it is. This is historic, just like Martin Luther King's Civil Rights movement! We can make history! It's an investment in our future!
if you are unable to make it to DC- and if it's for any reason that we can help with at all- please let me know. you can pm if you want.
Thanks so much man! Actually I was all set for Sept 13 but have a work appointment on Sept 18, yet I am even thinking of cancelling that to attend. I don't care how expensive it is. This is historic, just like Martin Luther King's Civil Rights movement! We can make history! It's an investment in our future!
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radhay
06-19 12:30 PM
Check your PM. This is what i sent.
Hi Akhil, can you also send me the details ? If it is not too much to ask can you post the template in this thread? Thanks in advance.
Hi Akhil, can you also send me the details ? If it is not too much to ask can you post the template in this thread? Thanks in advance.
more...
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suresh.emails
08-07 05:53 PM
Now the actual tension started to me.
Is my H-1b still valid. I have scheduled travel on August 15'th 2008 via London (LHR). I believe, London airport does not allow any one with out proper visa's and documentation.
Does GC approval triggers automatic canellation of H1-B visa ( which is valid until Dec 2010)
How can I start another GC process , when they just approved a GC ( on August 06, 2008)
I heard some thing called Transfer of Residency. What is that?.
- Suresh
Is my H-1b still valid. I have scheduled travel on August 15'th 2008 via London (LHR). I believe, London airport does not allow any one with out proper visa's and documentation.
Does GC approval triggers automatic canellation of H1-B visa ( which is valid until Dec 2010)
How can I start another GC process , when they just approved a GC ( on August 06, 2008)
I heard some thing called Transfer of Residency. What is that?.
- Suresh
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aroranuj
04-19 01:30 PM
Can anyone please comment if the advise given by my attorney is accurates (ability to file new I-140 with the MTR/Appeal for the older I-140?
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,
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.
more...
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njboy
11-04 05:11 AM
obama has to worry about 2012 re-election. The mandate of the public is clear. They don't like his leftist policies. Even when the economy is doing good, chance of CIR is bad, so god only knows if he will even attempt. Congress is going to be deadlocked for 2 more years. Which is not to say nothing is possible. If the house passes something, Dems still have the senate. Obama may not have enough clout amongst the Democrats who are centered and struggled to hold their seats. Harry Reid also got a big scare, but atleast there are enough hispanics in his constituency to make him think of working on CIR again.
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Eagle
12-01 04:50 PM
Thanks Santa for your reply.
I received an RFE. But it was on accreditation of my MBA school. There was no RFE on bachelors degree. My lawyer replied to the RFE on accreditation. In response, there was straight denial without even notice of Intent to deny citing 3 year bachlor degree.
Yes, we submitted education evaluation along with I-140. The evaluation was done by Trustforte. When we received the RFE on accredidation, we sent second evaluation from Trustforte but this time a detailed course by course evaluation of MBA.
In the evaluation that was done, the evaluator equated my Indian MBA with US MBA and there was no mention about bachelors.
Please advice if I need to do something different this time.
Santa, could you please give me the case number of the AAO case handled by Murthy so that I could download the same from the USCIS website.
I received an RFE. But it was on accreditation of my MBA school. There was no RFE on bachelors degree. My lawyer replied to the RFE on accreditation. In response, there was straight denial without even notice of Intent to deny citing 3 year bachlor degree.
Yes, we submitted education evaluation along with I-140. The evaluation was done by Trustforte. When we received the RFE on accredidation, we sent second evaluation from Trustforte but this time a detailed course by course evaluation of MBA.
In the evaluation that was done, the evaluator equated my Indian MBA with US MBA and there was no mention about bachelors.
Please advice if I need to do something different this time.
Santa, could you please give me the case number of the AAO case handled by Murthy so that I could download the same from the USCIS website.
more...
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greencard
07-27 03:02 PM
This is the attitude of our guys. So desperate. The agents get irritated because of this.
Your application is already there if you have the delivery confirmation, what is the point of calling them? They will issue or reject when they get to it, by calling them they are not going to go searching for your application..
Please be patient the decision to accept or reject is not going to change by calling them for a receipt notice!
Your application is already there if you have the delivery confirmation, what is the point of calling them? They will issue or reject when they get to it, by calling them they are not going to go searching for your application..
Please be patient the decision to accept or reject is not going to change by calling them for a receipt notice!
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a1b2c3
10-12 09:57 AM
If you are serious about this go ahead start helping nixtor and others in this regards.
http://immigrationvoice.org/forum/showthread.php?p=296941#post296941
Sure, but where is the agenda posted?
http://immigrationvoice.org/forum/showthread.php?p=296941#post296941
Sure, but where is the agenda posted?
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trueguy
10-23 05:50 PM
If they don't want to publish the numbers, fine. If they don't want to process application, we can't do anything about it. But at least move the PD forward so more cases become eligible for approval and it makes USCIS's life easy to use all the numbers.
Whats the use if they move PD forward by 2 years in July and then USCIS is super busy using all the numbers available. It would be better if DOS move PD forward every quarter if they see visa numbers are not utilitized.
They should divide 140K total numbers by 12 (which is 11666) and watch each month how many numbers were used in last month. If 11666 numbers were not used last month then they should move PD for retrogressed country forward so more cases become eligible.
This is not rocket science and I don't know why DOS don't understand it.
Whats the use if they move PD forward by 2 years in July and then USCIS is super busy using all the numbers available. It would be better if DOS move PD forward every quarter if they see visa numbers are not utilitized.
They should divide 140K total numbers by 12 (which is 11666) and watch each month how many numbers were used in last month. If 11666 numbers were not used last month then they should move PD for retrogressed country forward so more cases become eligible.
This is not rocket science and I don't know why DOS don't understand it.
brahmam
06-23 04:48 PM
Brahmam and Company -
- Shalom
and up yours :D
be of use sometimes instead of your gibberish. you did not answer my question but are busy sermonizing. get a life bro .. cheers
No, I am not going to go to walmart because have heard of some people's photos being rejected by INS in the past. hence wanted a more authentic studio, if any.
- Shalom
and up yours :D
be of use sometimes instead of your gibberish. you did not answer my question but are busy sermonizing. get a life bro .. cheers
No, I am not going to go to walmart because have heard of some people's photos being rejected by INS in the past. hence wanted a more authentic studio, if any.
Eagle
12-01 09:21 PM
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.
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.
