yabadaba
05-22 03:02 PM
I wonder what our children and grandchildren will learn from all these. When they grow up and know that their parents had to go through this mess while waiting to be accepted legally for xxxx number of years and some people got the "grand reward" of being illegal for many years!! These CIRcus operators will be responsible for the loss of "very little" moral left in this country. GOD BLESS AMERICA.
first they should learn spanish
first they should learn spanish
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pappu
09-02 10:28 AM
We WILL get 10K+. (I will not be surprised if it is double that number) Here is why:
Its just that we have not yet reached everyone in the community yet. Everyone reading this message, please make sure to pass on the rally information to at least one person you know, this weekend. Then ask that person to pass it on further.
Let us use all our networking to best use here. 10K is not a difficult number. When we started this organization, we could not even get 10 people together, but nobody gave up hope.
The success of the rally, this cause and our own greencard issues depends on each one of us. I'm sure we are all capable of sharing this responsibility.
Its just that we have not yet reached everyone in the community yet. Everyone reading this message, please make sure to pass on the rally information to at least one person you know, this weekend. Then ask that person to pass it on further.
Let us use all our networking to best use here. 10K is not a difficult number. When we started this organization, we could not even get 10 people together, but nobody gave up hope.
The success of the rally, this cause and our own greencard issues depends on each one of us. I'm sure we are all capable of sharing this responsibility.
gcdreamer05
04-13 11:59 AM
Brother, your idea is good but practically it is very difficult.
Do you see a donate progress bar at the top, it took an entire month and lot of pushing to get 10,000 US$ in donation.
People are not willing to donate, many have questions about credibility and what work is being done, some have lost entire hope and hence not willing to donate.
It is like chicken and egg, we are asking people to donate to see change, some are saying change is not there and donation does not make a difference.
If it is so difficult to collect 10,000 US$ a month how can your plan collect 5 million ?
If someone is going to ask you the following questions what are your answers,
1) If i donate 50$ what is the feedback (in terms of info, progress) that i will get?
2) What will you do if the administration thanks us and takes the donation and gives it off to a non-profit education organization. (giving donation does not mean that they will do something for us). Then what do we do.
Instead can we not use that money to lobby for our goals.
Do you see a donate progress bar at the top, it took an entire month and lot of pushing to get 10,000 US$ in donation.
People are not willing to donate, many have questions about credibility and what work is being done, some have lost entire hope and hence not willing to donate.
It is like chicken and egg, we are asking people to donate to see change, some are saying change is not there and donation does not make a difference.
If it is so difficult to collect 10,000 US$ a month how can your plan collect 5 million ?
If someone is going to ask you the following questions what are your answers,
1) If i donate 50$ what is the feedback (in terms of info, progress) that i will get?
2) What will you do if the administration thanks us and takes the donation and gives it off to a non-profit education organization. (giving donation does not mean that they will do something for us). Then what do we do.
Instead can we not use that money to lobby for our goals.
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webm
12-25 11:07 AM
My PD is Oct 1, 2001
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mrane1
09-26 03:01 AM
I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
Wow your situation is indeed unfortunate! Its really your lawyers fault... he should have checked this and filed EB3 to begin with... or atleast given you an idea that something of this sort might happen at 140 stage, if you insisted on eb2... What was suggested by your friends seems to be the only logical step... and its highly unlikely that USCIS will budge from their stance... maybe other people might have better idea...
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
Wow your situation is indeed unfortunate! Its really your lawyers fault... he should have checked this and filed EB3 to begin with... or atleast given you an idea that something of this sort might happen at 140 stage, if you insisted on eb2... What was suggested by your friends seems to be the only logical step... and its highly unlikely that USCIS will budge from their stance... maybe other people might have better idea...
venky08
11-19 09:56 AM
i second this.
this approach is better known as "attitude of positive expectancy" hoping that things will work out well in the future. It is difficult in this negative world to have this kind of thinking, however if you do, it will get you through your life without losing precious moments of your youth worrying about the future.
all the great leaders and visionaries of the past and present have this attitude as the way of life. something to think about in the midst of darkness surrounding the GC limbo...
I started looking for a house soon after filing for my 485/EAD/AP in August 2007. I finally got a great deal (good price and low fixed mortgage interest rates) on a 14 year home in St Louis and then had to decide whether to wait for the EAD approval before buying the home. I decided to go ahead and buy the home.
My EAD was approved sometime back and looking at the turn of events leading up to buying the house, I realized that there is always an element of risk in committing to long-term investment without a GC. However I am sick and tired of the slow GC process and cannot keep postponing important decisions in life. We need to take risks at some point. I know with a March 2005 EB2 priority date, my dream of getting a GC is still many years away. But postponing important lifestyle decisions for later is too much of a price to pay.
this approach is better known as "attitude of positive expectancy" hoping that things will work out well in the future. It is difficult in this negative world to have this kind of thinking, however if you do, it will get you through your life without losing precious moments of your youth worrying about the future.
all the great leaders and visionaries of the past and present have this attitude as the way of life. something to think about in the midst of darkness surrounding the GC limbo...
I started looking for a house soon after filing for my 485/EAD/AP in August 2007. I finally got a great deal (good price and low fixed mortgage interest rates) on a 14 year home in St Louis and then had to decide whether to wait for the EAD approval before buying the home. I decided to go ahead and buy the home.
My EAD was approved sometime back and looking at the turn of events leading up to buying the house, I realized that there is always an element of risk in committing to long-term investment without a GC. However I am sick and tired of the slow GC process and cannot keep postponing important decisions in life. We need to take risks at some point. I know with a March 2005 EB2 priority date, my dream of getting a GC is still many years away. But postponing important lifestyle decisions for later is too much of a price to pay.
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xyzgc
10-23 03:56 PM
If thats the case then why don't they move the PD forward. EB3-I is stuck in 2001 since last 3 years and its not moving forward at all. How can we get some help here, ombudsman?
That is exactly the issue. they don't move it forward despite lack of sufficient number of cases and then they move it forward by a year or so, it creates a chaos. And it applies to EB2-I also. Look where the dates are as per Nov bulletin.
Its crazy.
How many cases you think are in 2001, when last june the cutoff PD was June 2003? All this has been said over and over again in other threads, there is no point in repeating it.
That is exactly the issue. they don't move it forward despite lack of sufficient number of cases and then they move it forward by a year or so, it creates a chaos. And it applies to EB2-I also. Look where the dates are as per Nov bulletin.
Its crazy.
How many cases you think are in 2001, when last june the cutoff PD was June 2003? All this has been said over and over again in other threads, there is no point in repeating it.
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vadik78
04-14 08:34 AM
so, now they have bumped up EB3 ROw, does that mean they will bump up EB2 or EB3 India next month? The fact that EB2 and EB3 India are stuck, does it mean these categories have already reached their per country annual limits?
Judging by the 1-year leap for RoW, the priority date for ROW should have being moving throughout the year. Maybe the same situation here - they just cannot count, and are going to waste some visas at the year-end.
Judging by the 1-year leap for RoW, the priority date for ROW should have being moving throughout the year. Maybe the same situation here - they just cannot count, and are going to waste some visas at the year-end.
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murali77
08-05 12:34 PM
poorslumdog
Please email me at win77in@gmail.com for the CSCP material.
thanks
Murali
Please email me at win77in@gmail.com for the CSCP material.
thanks
Murali
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gc_check
08-01 10:25 AM
Folks,
Just now i called up USCIS (1-800-375-5283 Option 1,2,2,6,2,2,1) since my App was mailed more than 4 weeks.
The lady who picked up was nice enough to explain me the revised ETA for receipting from 4 weeks to 60 Calendar days. She also said that they generally receipts in 2 weeks (not even 4 weeks) but because of this rush that ETA is set to 60 days. She appreciated all of our anxiety and re-assured me that i dont have to call after 60 days because the receipt will be definitely with me ( if everything is filed correctly as per rules )
One thing i found funny - she explained me that this Rush is just for avoiding the 'Fee Increase' - She has no idea about the Retrogression and stuffs like that :)
Good luck guys - chat with you after another 29 days !!
The comment about the "Fee Increase" might be partially true. There is surely a surge in number of application for Naturalization, to avoid the few increase... Atleast I know a couple of friends who applied for citizenship....
Just now i called up USCIS (1-800-375-5283 Option 1,2,2,6,2,2,1) since my App was mailed more than 4 weeks.
The lady who picked up was nice enough to explain me the revised ETA for receipting from 4 weeks to 60 Calendar days. She also said that they generally receipts in 2 weeks (not even 4 weeks) but because of this rush that ETA is set to 60 days. She appreciated all of our anxiety and re-assured me that i dont have to call after 60 days because the receipt will be definitely with me ( if everything is filed correctly as per rules )
One thing i found funny - she explained me that this Rush is just for avoiding the 'Fee Increase' - She has no idea about the Retrogression and stuffs like that :)
Good luck guys - chat with you after another 29 days !!
The comment about the "Fee Increase" might be partially true. There is surely a surge in number of application for Naturalization, to avoid the few increase... Atleast I know a couple of friends who applied for citizenship....
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gk_2000
08-02 04:18 PM
I may have lost it there for a bit, I agree. Obviously you are obsessed with me to the point of ignoring my main points and attacking me for the minor ones. If you read the thread, iskantem and I continued our conversation after that.
My points again :
1. The diversity argument is flawed when it comes to skilled immigration, especially when we have most of the grad schools here filled with Indian/Chinese students. This is what I was explaining to "iskantem" and why especially when you are talking about less than 0.05% of the population it doesn't make sense.
2. We don't even allow anyone over here to have an alternate opinion on an issue. In terms of IV activity, it is almost 100% Indian. However 60% of the EB3 backlog is not from India! Now why don't we see these 70000+ ROW guys participating here I wonder! Let me tell you why. Its because a lot of us actively discourage them from participating whenever they have an opinion contrary to ours (read India). Now I maybe guilty of losing it a little there, but I still made an effort to reach out and explain the flaw in the diversity issue he was mentioning rather than mount an all out attack/ignore him right away/stick my head in the ground.
Well, of course since you are so obsessed with me and also with getting reds (if you notice I didn't give you any) you may have missed them. Happy that you got me? And happy you didn't get reds? Good, enjoy your day. Please let's get back to the issues now. Peace.
LOL. I got "snookered" there. But to my credit, I didn't vent a red on you either.
For the record, I don't mind the red's I "earn". But as you also observed, you get that for free around here by the dozen. And I can't ignore it when people act childishly
There is no doubt the policies are flawed, foolish or whatever. But I maintain that screaming out to another person/s in a forum is of little good. Agreed that your arguments have weight, but they should be made to the right person at the right time. So let's wait for the next letter-writing event and we can participate in writing the draft..
My points again :
1. The diversity argument is flawed when it comes to skilled immigration, especially when we have most of the grad schools here filled with Indian/Chinese students. This is what I was explaining to "iskantem" and why especially when you are talking about less than 0.05% of the population it doesn't make sense.
2. We don't even allow anyone over here to have an alternate opinion on an issue. In terms of IV activity, it is almost 100% Indian. However 60% of the EB3 backlog is not from India! Now why don't we see these 70000+ ROW guys participating here I wonder! Let me tell you why. Its because a lot of us actively discourage them from participating whenever they have an opinion contrary to ours (read India). Now I maybe guilty of losing it a little there, but I still made an effort to reach out and explain the flaw in the diversity issue he was mentioning rather than mount an all out attack/ignore him right away/stick my head in the ground.
Well, of course since you are so obsessed with me and also with getting reds (if you notice I didn't give you any) you may have missed them. Happy that you got me? And happy you didn't get reds? Good, enjoy your day. Please let's get back to the issues now. Peace.
LOL. I got "snookered" there. But to my credit, I didn't vent a red on you either.
For the record, I don't mind the red's I "earn". But as you also observed, you get that for free around here by the dozen. And I can't ignore it when people act childishly
There is no doubt the policies are flawed, foolish or whatever. But I maintain that screaming out to another person/s in a forum is of little good. Agreed that your arguments have weight, but they should be made to the right person at the right time. So let's wait for the next letter-writing event and we can participate in writing the draft..
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mmj
04-20 08:31 AM
Thanks Neelu! Now if only we can get another 50,000 people to do the same :)
Me too.
I added some facts about how much I paid in SSN, Medicare, Fed and State taxes (in the last 10 years that I have been here) as well as some detail about what I'm contributing (patent pending) to this country. Another thing I mentioned was about my volunteering during the 2008 campaign (implying that I would be voting for the president's party if I ever become a US citizen in 2050 :~).
Thank you, MMJ, for taking the initiative.
Me too.
I added some facts about how much I paid in SSN, Medicare, Fed and State taxes (in the last 10 years that I have been here) as well as some detail about what I'm contributing (patent pending) to this country. Another thing I mentioned was about my volunteering during the 2008 campaign (implying that I would be voting for the president's party if I ever become a US citizen in 2050 :~).
Thank you, MMJ, for taking the initiative.
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mighty80
06-01 08:47 PM
Done
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pady
08-21 09:44 AM
I guess this is wrong. I did talk to the OIG this morning and was told that this is a fraud and they can investigate the case
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saketkapur
11-19 03:03 PM
anything to make the que move faster...........
FIFO would be ideal but then so would be expecting anything meaningful from the USCIS......
FIFO would be ideal but then so would be expecting anything meaningful from the USCIS......
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Gravitation
04-13 11:18 AM
http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3219.html
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Kitiara
02-07 09:10 AM
I got another one, I'm catching you up slowly. :evil:
Very slowly. Er, how long has the voting got left?
Besides, we've got aaround 40 or so votes, and they're spread over five people, so it would take longer than if it was just between two people. Well, obviously it <i>is</i> between two of you... :) If you took the votes for the mere mortals and added them to you two, then one of you would have crossed the line by now. :beam:
Very slowly. Er, how long has the voting got left?
Besides, we've got aaround 40 or so votes, and they're spread over five people, so it would take longer than if it was just between two people. Well, obviously it <i>is</i> between two of you... :) If you took the votes for the mere mortals and added them to you two, then one of you would have crossed the line by now. :beam:
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kode
02-22 08:40 PM
posted by sheep
likely story
lol :P
besides i wouldn't agreed if you already had the castle .. :-\
likely story
lol :P
besides i wouldn't agreed if you already had the castle .. :-\
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styrum
12-19 03:48 PM
Moreover, the decision totally ignores the fact that "The basis for adjustment is not actual (current) employment but prospective employment" and the entire answer to Q10 in Part I of the Aytes Memo od 12/25/05
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Still his main problem was that the employer had requested a withdrawal of 140 (apparently doesn't matter when it was actually revoked by USCIS) before 485 was pending for 180 days.
Resume: make sure the petitioning employer doesn't revoke 140 before 485 is pending for 180.
As far as actually working for them: You don't have to work for the petitioning emplyer since it is for a "future" position. But if you never do and then (after 485 has been pending for 180 days and provided 140 was not revoked) port to another, how do you show you ever had the intent to work for them? The same answer to the same Q10 in the same memo says: "Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate." So what will be your "additional evidence" of your intent if you never worked for the original petitioning employer? Looks like working for the original petitioner (not neccessarily for all the 180 days after 485 was filed but as long as they don't withdraw 140 before 180 days is up) is the main proof of your intent to work for them and their intent to hire you permanently after you have GC.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Still his main problem was that the employer had requested a withdrawal of 140 (apparently doesn't matter when it was actually revoked by USCIS) before 485 was pending for 180 days.
Resume: make sure the petitioning employer doesn't revoke 140 before 485 is pending for 180.
As far as actually working for them: You don't have to work for the petitioning emplyer since it is for a "future" position. But if you never do and then (after 485 has been pending for 180 days and provided 140 was not revoked) port to another, how do you show you ever had the intent to work for them? The same answer to the same Q10 in the same memo says: "Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate." So what will be your "additional evidence" of your intent if you never worked for the original petitioning employer? Looks like working for the original petitioner (not neccessarily for all the 180 days after 485 was filed but as long as they don't withdraw 140 before 180 days is up) is the main proof of your intent to work for them and their intent to hire you permanently after you have GC.
letstalklc
11-03 11:13 AM
EB2 I will remain same
EB3 I will move little bit...
Hoping for the Jan bulletin if at all any qurterly spillover.....
some one from Immigration Voice should get the info USCIS regarding thequrterly spillover.
EB3 I will move little bit...
Hoping for the Jan bulletin if at all any qurterly spillover.....
some one from Immigration Voice should get the info USCIS regarding thequrterly spillover.
sammyb
01-04 02:42 PM
I had a good laugh once I started reading the posts .. liked the fun .. and comments from members ... the H4 & F2 was good .. so L2 and F2 are in same category??? :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D
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