Monday, June 20, 2011

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  • vfwlkr
    04-14 08:13 PM
    I am surprised you didnt get your GC around july,2007. are you stuck in namecheck?. Nope, I took an Infopass appointment in august 2007 and they informed me namecheck was clear and now I just need to wait for the case to be processed. Then the priority date retroregressed again until March. I've asked my employer's immigration lawyers to check on the status. Status due in 45 days !





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  • meridiani.planum
    06-17 09:38 PM
    Thanks to every one for considering my message and answering to the questions.

    Today I have received a mail from our Immigration team saying that they are going to file my GC petition next month (July-2010) for Employment-3rd category (EB-3). But I have 17 years of education (in India, 10+2+3+2) plus 11 years of progressive experience. Am I not qualified for EB-2 category? When I asked the same to our Immigration team, they said, "You do not qualify for EB2 because you do not meet the minimum salary and educational requirements. USCIS does not accept a 3-year Bachelor + 2-year Master education combination to qualify for EB2". What does it mean? Please some one let me know what are the requirements to qualify for EB-2 category? Thank you again in advance.

    Regards,
    swashbuckler

    See here:
    EB-2 Advanced degrees & Experience | Immigration.Com - Law Offices of Rajiv S. Khanna, PC (http://www.immigration.com/greencard/eb2-green-card/eb-2-advanced-degrees-experience)

    specifically:

    3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement


    so your 3+2 will be equivalent to a bachelors, then the additional 11 years of experience you have should put you into EB2.

    Having said that, this is not law, it is what USCIS said they "generally" follow. So its upto interpretation. That came out in 2007 (in some AILA Meeting) but there are cases of I-140 being denied in such cases. some very recent (2010/2008):

    i-140 denial : India 3 yrs Bachelor + 2 yr Master (http://www.immigration-information.com/forums/i-140-petitions/10141-i-140-denial-india-3-yrs-bachelor-2-yr-master.html)

    I-140 Denied due to Education - HELP NEEDED PLEASE (http://www..com/usa-discussion-forums/i140/191165977/i-140-denied-due-to-education-help-needed-please)

    Some stay denied, many go through on an appeal with AAO. Some even get through without issues on first go.

    You could take a chance with EB2 (if you do, ensure that your Labor is very specific about the needs "OR bachelors +5" part. If you just says masters+1 it'll be denied. the 3+2 is not considered a masters equivalent)

    Also, consider the stakes here (you need that I-140 approval to get an H1 extension). One option might be to go with EB3 now, make sure you get the extension, then later file in EB2 (with a new employer?) and recapture the PD.

    Depends on your appetite for risk...





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  • desi485
    08-12 12:54 PM
    in my case, the local municipal corp in india denied providing non-avaibility certificate. Because my birth is registered and I do have birth cerficate, but instead of wrong date as in your case, in my case the first name is wrong. I had my birth-name on the birth certificate which is not un-common in india. Before I started pre-school, all my cerficates from that point onwards have my current legal name.

    I did not specified YES in the column where it asks if you were known by anyother name in 485.

    The only glitch is a first-name in birth cert is diff. from my current legal name. the name of parents, date, timing, family name, birth place and everything else is true and correctly mentioned.

    how much chances do you see for me to get an RFE on this?

    My lawyer told me to submit Affdevits from my parents which I did, along with original birth certificate with wrong first name. My parents also mentioned that I was given a pet-name at the time of birth, and then decided for my current legal name. I know this is complicated...

    I found 'usa consulate' in UK website talking about such case. It suggests to have affidevits, and EARLY school records, affidevit from priests etc. who performed any religious naming ceremonies etc as the acceptable documents.

    I am keeping my fingers crossed.





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  • dealsnet
    01-14 08:45 AM
    Usually one week, if everything is fine.

    once the file has been assigned to an officer and the dates are current? I am just curious.

    Just the file being assigned to an officer does not mean adjudication soon.:)



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  • bob2007
    07-25 11:34 AM
    Any body experience filing un signed Labor Substitution?





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  • sunty
    07-26 12:02 PM
    I live in Jersey City. I am planning to move to NYC. My company and job location stays the same. I have filed my I-485 (received July 23rd) with I-140pending. I don't have my I-485 receipt notice, only I-140 receipt.

    1) Is it safe to change one's residence(different state) ?

    2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.

    Thanks



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  • JunRN
    11-05 08:26 PM
    I guess one option is "follow-to-join". Go back to home country and apply for follow to join.

    But you should not miss that period when your PD becomes current. It usually takes one whole month for PD being current so I don't see a reason why they cannot file in time.





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  • jnraajan
    03-27 01:14 PM
    Hey Dont Thank me. Thank IV, which is you and me and everyone else.

    Everyone, Please start contributing now. Let us work hard to get every line item from the Campaign accomplished.



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  • mohitb272
    12-10 06:54 PM
    I was hired by my present company as a software engineer. I did development for 3 yrs and the company later moved me to a Business Analyst's role later. However, my labor application lists my job duties as s/w Engineer in a programmer's role.

    Would I be able to use AC21? Do I need to find a s/w development job or can I join as BA as well? I am in a big predicament. Any help here is greatly appreciated.





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  • sam_hoosier
    12-11 02:50 PM
    guys,
    I have hired as an "Auditor" in 2002, which is also the title of my position in my LC. If I use AC21 for AUdit manager, which is considered to be in the same occupational classification, will it be a problem? My salary will probably be double of what is on the LC application.... your thoughts are appreciated..

    I heard that a major change in salary with regards to AC21 can be a problem..and the the title "manager" will always excite IOs ...for RFEs...

    Did you check the job code for Auditor vs. Audit Manager ? 2x salary differential could be a problem.

    You should consult a lawyer.



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  • mrdelhiite
    07-24 07:04 PM
    Thanks for your replies. I have shared the information with him. He just told me that he has a PD back in 2006 EB2 from his last company. He filed Labor + 140 (approved) but did not file I-485 (sorry i did not ask him or he told me earlier).. so now that his PD is fixed you guys think he should wait ?.. His Category for filing will be the same .. Does that help reducing RFE's ?

    Please suggest.

    Thanks
    -M





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  • potatoeater
    05-10 04:10 PM
    Sorry. I may be mistaken. May be it is the other way round. Try firefox then.

    Actually I am using IE.

    Thank you

    Indira



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  • MARY_GC
    08-24 06:52 PM
    I did exactly the same thing. I had a EB3 May 2004 I-140 approved and I applied 485 with this. during the first quarter of this year, I applied a new labor in EB2 and got it approved in 2 months. I applied I-140 EB2 in premium on 29th June and got it approved. Now my lawyer is going to interfile this new I-140 with my existing pending 485.
    First of all, dont worry with your old 140 while applying new one. They would not touch your old 140. The only issue right now is that there is no PP of 140 so you might need to wait up to one year to see 140 approved and that might kill the purpose.Just pray that they start PP soon.

    Thanks for ur information.I had 2 more doubts.
    1)when i'm doing interfiling i will be doing the same for my spouse &kid also.So,they too will get their 1-485 applications changed from eb3 to eb2 with the priority date of eb3 right? Or is this interfiling only possible for principle applicant's I-485?
    2) After reading ur case one doubt i had is that for me i already filed I-485 under eb3 & now about to start eb2 from the scratch perm,I-140 etc.so while eb2 process is going on at some point of time whether i need to say i have already applied for I-485 under eb3?If so it will make matters more worse right?I know U didnt go through this as u have started eb2 process well before applying for eb3 AOS.(U told u got even ur eb2 I-140 approved under PP)Still,i hope u would be able to comment on this as u might have thought of all the risks associated in interfiling before going ahead.thanks once again.





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  • gmpa
    04-30 03:47 PM
    I-140, TSC
    EB-3 regular
    Received date: 12/12/2006
    Notice date: 12/27/06
    Status: Pending



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  • sdrblr
    08-24 11:41 AM
    calling a supervisor and he returning the call without HR(or legal's) intervention is little weird. How big is your company?





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  • eucalyptus.mp
    02-17 11:28 AM
    Ok ..
    Now I dont want to change my employer .
    But my employer doent pay when I am on bench . So I may not having paystubs after March .
    Will it cause any problem to H1 extention ?



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  • cox
    August 8th, 2005, 03:19 PM
    That's awesome! What made you think of doing that?
    Thanks, I was really happy it worked. I wanted to shoot the tide pool waves, and get this effect without having to wait for a "perfect" morning (you can accomplish the same thing just before dawn or after sunset). I am trained as a physicist, and crossed polarizers are a common method of managing light in physics experiments, so I decided to try that here. This technique allows for pretty much any exposure time, and I wanted like 20s to get several waves. A couple of words of caution if any of you want to try it too (and you are welcome to do so).

    You can't use circular polarizers like most of us have for our autofocus DSLRs. Stacked C-polarizers don't black out, because they are both filtering the same light. You must buy linear polarizers. The good news is that they are cheap by comparison (<$50 ea).

    Autofocus won't work worth a damn.

    Adding two polarizers to the lens multiplies the internal reflections (I had problems with this, 3 or more reflections of the sun)

    It vignettes at super-wide focal length on my zoom. I would always expect vignetting with a prime lens.

    With two polarizers you get weird rainbow effects from diffraction, and the whole scene tends to the purple/UV. I suspect a lot of these pictures will look great in B&W.

    There is a lot of potential here I think, and thanks all for the great ideas/suggestions on what else I can try. :)





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  • nfinity
    10-16 12:52 PM
    If it was at 2' 16'' during the month you got LUD, it means you are stuck in name check.

    ~





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  • mariner5555
    05-14 04:24 PM
    2009------we can see something happening.
    Until then Visa Bulleting is our best hope and source
    Let us pray.
    do you say the above because of presidential election or because of new quota which will be released in oct.
    if the first one is the answer - then nothing will happen even after the elections for atleast 2 years ..





    Imm_Exploited
    07-23 02:15 AM
    rdehar,

    I cannot agree with you more. The God-damn Labor Sub was the one of the main causes for the torturous retrogression of EB-based PDs.

    Some one correct me if I am wrong; the majority of members on these forums are from India and no one can convince me that this GC wait is NOT absurd.

    If the US is benefited from the skilled employees from India and they are not scared of these highly skilled personnel from overtaking the white Americans, starting their own businesses and demanding more moolah for their skills, they would have opened up the GC gates long back.

    Free Market My Foot!! If the US did not have me as a bonded slave (read H1B + pending EB status) since last six years, I would have been a millionaire here like any other high school graduate could be. The laws for immigrants here are more stringent than those that are prevalent in communist China.

    And one last thing, please nobody advise me to go back home because I am here in the US since it is worse in India. This is a nation of immigrants, and we all should sustain and reiterate it, time and again.

    Sincerely - IE





    chanduv23
    03-16 09:22 AM
    guys I am in a similar boat....unfortunately, my wife did not get matched this year because we were only trying for programs that sponsor H1....We have heard bad stories about J1.....but in that process she missed getting a residency spot this year......do you guys mind sharing which hospitals your wives are doing their residency at?.....any suggestions for us?....do they know of any open positions?

    thanks

    Lot of people seeking h1b with excellent qualifications and credentials could not make it this year. This may get even worse based on retrogression.

    What is really happening is, most of residency application initial screening is done by residency coordinators. They don't know what is happening around. They follow protocols, say a program has 20 seats and 500 applications, they will filter based on citizen, GC and some H1b/J1 etc.... Now due to retrogression, a lot of h4 not having EAD or GC which was not case earlier as people keep getting GC or EAD and fall have more competition in the EAD/GC area, but now it is like, out if 500 applications alomst 300 would be h1b /J1 seekers and programs decide to filter a lot fo them and just interview a few. Out of few h1b/j1 seekers getting interviewed, many may have UK clinical experience (they are most preferred as they are considered a perfect fit).

    On the other hand, a lot of h1b/J1 seekers have strong strong recomendations. Especially those doctors who have son's/daughters/nephew/relatives etc... all community hospitals fill up some of their h1b/J1 seats in this manner. And this is also a growing trend.

    Some people join hospitals as research/observerships/externships and do their best to create an impression, and in some cases these candidates are considered for a resdency onn h1b/J1.

    So, it is not a straight forward process.

    You may try St Barnabas, Bronx Lebanon hospital, and other programs in Bronx, where some seats do get left out even till the end, and I have heard that if you keep persistantly approaching them and show interest they will consider if they have an option.

    But overall, retrogression seems to be a main cause for flooding of H1b seekers in residency, this has made it relatively easy for GC/EAD/Citizen to get into residency programs without competition



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