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  • Gravitation
    12-13 12:48 PM
    Can you explain why EB2 ROW is flowing to EB3 and not to EB2 India?
    It's just a decision that state department makes. I'm not saying it's justified. I'm not saying that's how it should be.

    I think the logic is that when India EB2 became Unavailable and EB2-RoW was Current (for example in Sept Bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_3009.html

    If EB2 RoW were flowing into EB3 RoW, this would not have been possible.

    I think it's an attempt to bring EB3 on par with EB2 (this is just my guess).





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  • hiralal
    04-23 07:48 AM
    friends ..are we giving up before even trying ??? this is the least that we can do ..just write that you are a skilled legal immigrant with american kids. you have followed all the rules for 6-8 years ..waiting for a GC so that you can buy a house (or if you have a house then there is a danger that it will go in foreclosure because of GC delays) ..few minutes is all that is needed





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  • rock945
    04-13 11:56 AM
    Also for Philippines it moved by 1 year..





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  • MerciesOfInjustices
    02-22 09:44 AM
    I recant my earlier outburst at mercies since I realize that he was acting as a messenger to the problem. Sorry for the offense mercies.

    There are many people who would just run away from effort when doubts are raised and since people of afraid of being punished for just advocating a public policy or writing a letter to congress in the first place. I would request you to not reproduce posts here or on portal that would echo the material the plants fear and doubts among members. When the core group is spending 2-3 hours a day on top of their fulltime job plus the weekends, plus out of pocket expenses on travel to DC, its disheartening when a post on forum scares away sceptical members.

    I have already edited my earlier post.
    I appreciate your words. I will be more careful about how to counter negative propaganda either myself or get help from others! This was clumsy and impulsive of me to post this all here, but believe me I have myself learnt so much more in this process!
    Truely, I appreciate how much effort is being put in on the behalf of all of us!

    Mercies there is a bit of a difference in getting ur doubts addressed and ur post. Once again i didnt mean any offence to you in particular, just was upset by the sheer length and attack in ur post.

    eb3_nepa, I was hasty because I was thinking of how negative posts were not being countered. I was more worried about how the silent viewers take in all wrong info! But, now I know where to get help now and who to turn to!
    From what I gathered, you were just being a messenger and if you look at my post, I have never referred to you in anything. All my answers were directed to hadron. At the same time its a little frustrating to us when people repeatedly keep on questioning our goals/legitimacy. Being a messenger, you bore the brunt from some of us

    Hopefully you realize our situation and will keep on volunteering/contributing....
    ragz4u, I understand. I see your frustrations but I think we have to keep working on some people who are just oblivious to all the good work that is being done at IV!
    But, this battle has not even been joined yet - so we have to soldier on patiently!
    Your brilliant posted answers are what I was looking for to start with!
    Please keep up the good work!



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  • longq
    12-29 05:55 PM
    Because, till 2005 there were extra 100,000 (total 242,000 were issued) recapturd numbers available. Therefore, no one cared (DOS/USCIS) about AC21 law that removes country quota. EB2 were curren for all then.





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  • traffic_engr
    04-01 05:55 PM
    Sent #10 earlier



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  • gcdreamer05
    07-25 01:26 PM
    I think we all have this OCD to keep checking IV. I am in EB3 and i know nothing is going to happen to my 485 for the next 3 or more years, i myself keep checking IV, no wonder why you dont want to....

    Atleast be happy that you have a probability that you will get it by aug, think about all the rest of us who dont know what will ever happen and when we may get freed from the clutches of desi employer.....

    May be we should all become afghani translators or get religious visa and apply again in EB4 / EB5 :confused:





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  • aparnak
    04-01 03:16 PM
    sent the fax.



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  • roseball
    08-23 11:43 AM
    What about if the I-140(EB2) rejected?. The 485 will be rejected too?. What are the possibilities of I-140 rejection?

    Thanks

    The request to adjudicate I-485 will go out only after EB-2 I-140 is approved. I-140 rejection "should" not trigger your pending EB-3 I-485 rejection but it all depends on how the IO interprets your case. He could issue an RFE (I would guess) asking for an EVL for your EB-3 case. In my colleague's case however, TSC automatically adjudicated the I-485 since the new EB-2 I-140 carried the same Alien# as the pending I-485. It seems TSC has a system in place to identify such cases, NSC doesn't. Another colleague of mine whose I-485 is pending at NSC and EB-2 I-140 approved at TSC is still waiting for I-485 approval and its been a month since his I-140 was approved.





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  • anilsal
    01-27 12:14 AM
    the main list of top threads.



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  • rb_248
    12-13 03:21 PM
    Hi,
    I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.

    I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.

    I want to know :

    1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.

    2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?

    3. Is it possible for this employer to directly file my I-140 against this approved labor...?

    4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)

    5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?

    Please let me know as much as info/ guidance you can provide to me.

    Great thanks in advance for all of your help.

    -------------------------------------------

    Congratulations on getting ahead. Make sure this is not a scam. Especially during such crisis times, we are very vulnerable.
    Employer asking for financial agreement - hmmmmm...... After making sure this is not a scam, confirm again.





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  • gumpena
    07-02 04:24 PM
    Attorney and filing fees taken care by company. For others --

    Total approx - $700



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  • gc_vbin
    05-11 12:41 PM
    Any idea if any of IV provisions (like recapture) being included in the bill?





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  • immi2006
    06-26 09:02 PM
    Airlines are facing cancellation flights for July,,,, !


    To India from US



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  • cbpds
    07-09 11:04 AM
    Guys, there is real substance to what oscarzumaran says as well......

    It is not fair to shout at him unless u understand the issue bereft of any emotions.

    I think the AZ is the right thing to force illegal immigrants out of AZ since its bringing the economy down to its knees.

    Moreover the AZ law is excatly the same as the current Federal law, its just that AZ is implementing it thru a state law, so why shd the feds object to it.

    If you folks think that AZ law is wrong then why should other sanctuary states who prevent illegals from been sent back be allowed to pre-empt the fed law , even these states should be challenged.

    We legal citizens are required by fed law to carry legal docs at any time(even though u may not like it), AZ is just enforcing the law

    IV is all about legal immigration and does not support illegal immigration as I know it, Its a folly to think that if we support the feds they will support legal immigration and give GC's faster......Can anyone be 100% sure that the politicians will not drop the legal provisions from CIR just to get some votes to get the illegal immigrations laws in CIR thru......havent u seen how the healthcare bill was passed

    How could you all support illegals when u are here legally? would you let pakistanis enter India without Visas or let palestines into Isreal just like that?, would Mexico allow Asians into their country just like that, heck NO.

    Stop criticizing folks for stating their point of view, each one has a right to his opinion, so does oscarzumaran.

    I dont care if you give some reds, hope oscarzumaran will compensate with some greens :)



    No. I am not anti-immigrant. I am anti-illegal immigrant. I know the AZ law very well coz I read it not like many who seem to listen to talk radio. Good opinions can be formed only with good knowledge and we don't need evryone to have an opinion. Most should only subscribe to an opinion otherwise there will only be infighting and no progress.

    President Obama just lost a good chance to gain democratic majority in Nov. Now people are saying....why is the fed govt. not letting a state protect its citizens?

    Also the fact that a lawsuit is brought against AZ shows that the real wider immigration issue is not to be touched.





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  • venky08
    11-26 04:29 PM
    this is a one-sided view of someone hell-bent over renting is better than buying.
    not all the things make sense for all areas of US. In texas you can buy 2000+ sq.ft area house for around 200k.

    and if you take 15 yrs mortgage, you will not pay more money towrads your interest.

    people on internet have their own agenda. dont fall for this one unless the guy is Warren Buffett or the likes of him...

    If you're talking about rent vs buy, everything you've said or will say has already been discussed here:

    http://www.getrichslowly.org/blog/2007/07/16/renting-vs-buying-the-realities-of-home-buying/



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  • kumar1
    08-25 07:04 AM
    It is true that by law employer is supposed to pay all the labor related costs. Not only that you are not supposed to be engaged in any way shape or form in this whole process.

    Thanks for the info. But is it really true that by law employer is required to pay for labor ? I think it used to be that only h1b expenses are required to be paid by employer.

    Also, most companies ask for agreements to repay them if we dont stay with them for few years for filing greencard . Is these agreements legal if they ask to repay labor fees ?





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  • alterego
    09-14 04:28 PM
    I couldn't agree with you more...

    As long as you are able to do what you want to do in life, that is what really matters. I don't have children yet, so that's not my worry. My spouse is on her own H1 and I hold two jobs on concurrent H1s.

    Between the 3 jobs, we make good money, own two houses in the US, one overseas and live a content life. That's our GC, the actual GC is nice to have but it doesn't bother us that much...I bet there are plenty of GC holders out there who haven't gotten as far as I have...in terms of working 2 jobs & owning 2 houses.

    So the moral of the story is, GC or no GC, live a good life, be content and don't miss out on the fun...don't let the GC fever bring you down..


    If the hosung markets turned down like the NASDAQ 5 yrs ago, and brought down the whole economy with it, then as a result of the ensuing economic recession you lost one, two or all 3 of your jobs and ended up in negative equity, could not find a new job sponsoring H1b due to the deep recession and your greencard is nowhere in the near future. Would you still feel as secure and happy? I am not sure what country you are from, but would you make a salary close to what you are making here?

    Security my friend, thats what a green card brings. I applaud you on your courage and bravery in just taking a chance and doing all these things, you will likely be fine and get your green card eventually but taking risks can bring consequences as well. Many people are more risk averse than you.





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  • venkygct
    09-03 03:38 PM
    ^^^^^^^





    quizzer
    09-27 02:12 PM
    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


    What was your I140 receipt date at NSC?





    desi485
    01-04 03:23 PM
    Thats a very good suggestion. He should lobby to create a new categoy of Green Card for "MBBS".
    MBBS : Mia (Husband), Biwi 1 (Wife 1), Biwi 2 (Wife 2) and Sons.
    :D:D:D:D:D

    What if he has daughter(s)?

    Dr.MBBS

    Dr = daughter(s) :D



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