Dhundhun
07-19 06:43 PM
That was an attempt at humor. Looks like it was misunderstood. :)
You are abusing some institution and trying to name it a humor. Anyway this was my personal opinion.
You are abusing some institution and trying to name it a humor. Anyway this was my personal opinion.
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jetguy777
07-08 05:16 PM
This is an excerpt from Ron Gotcher's website that addresses a possible outcome for these bills:
"As far as I know, they only had sub-committee hearings, but that is where the real work is done. The sub-committee takes testimony from interested parties and gathers other evidence related to the subject matter of the bill.
Legislation generally only goes to full committee when it is going to be forwarded to the floor as free standing legislation. In this case, no one really expects any of these bills to be presented to the floor for a vote, so the full committee is not bothering with them. Rather, the sub-committee has taken in relevant evidence and let everyone have their say. Now, if they can find an appropriate vehicle, they can attach some of the proposals from the various bills and try to get emergency relief passed."
Is there any update on three bills in house. I have checked the hearing schedule for all committees and there seems to be no hearing scheduled for any of these bills. House is in session till September 7 and after that District work period and convention shows, which leaves us with just 4 weeks from now and after that It reconvens from September 9 with target adjournment date of 26th september and i m pretty sure no congressional rep will like to cast vote on any bills before going into election....
Prospects seems bleak now... Is there anything we can do...any last attempt that is required? If so...Let us all know...
"As far as I know, they only had sub-committee hearings, but that is where the real work is done. The sub-committee takes testimony from interested parties and gathers other evidence related to the subject matter of the bill.
Legislation generally only goes to full committee when it is going to be forwarded to the floor as free standing legislation. In this case, no one really expects any of these bills to be presented to the floor for a vote, so the full committee is not bothering with them. Rather, the sub-committee has taken in relevant evidence and let everyone have their say. Now, if they can find an appropriate vehicle, they can attach some of the proposals from the various bills and try to get emergency relief passed."
Is there any update on three bills in house. I have checked the hearing schedule for all committees and there seems to be no hearing scheduled for any of these bills. House is in session till September 7 and after that District work period and convention shows, which leaves us with just 4 weeks from now and after that It reconvens from September 9 with target adjournment date of 26th september and i m pretty sure no congressional rep will like to cast vote on any bills before going into election....
Prospects seems bleak now... Is there anything we can do...any last attempt that is required? If so...Let us all know...
jasguild
07-17 08:58 AM
Yes, but you are missing the one important fact, that "band aid solution" would put band aid to thousands of hurt people which will sooth them for a while. I understand, your 485 is already in pipeline so you already have those band aids but claiming to be sorry portrayed you very selfish. Think about teh group then you will slowly start forgeting your sorriness.
I said earlier, its not a bad thing as it will bring relief to some people. However it will also make it tough for anyone else after July to get 485 becuase of the huge back log.
I am not thinking about only myself. I am thinking about all of us. I am not enthused becuase I dont believe the decisions are not being made genuinely in our interest. They are doing the politically correct thing and not the morally correct thing.
jasquil
I said earlier, its not a bad thing as it will bring relief to some people. However it will also make it tough for anyone else after July to get 485 becuase of the huge back log.
I am not thinking about only myself. I am thinking about all of us. I am not enthused becuase I dont believe the decisions are not being made genuinely in our interest. They are doing the politically correct thing and not the morally correct thing.
jasquil
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mallu
12-01 02:58 PM
FYI: The number of name check related lawsuits increased 10 times from January 2006 to January 2007 :) I estimate the total number for this year will be 3-4 times bigger than 2006 number.
There may be a slight decrease in number because of retrogression, but i believe the bros&sis in the citizenship queue will compensate for that.
There may be a slight decrease in number because of retrogression, but i believe the bros&sis in the citizenship queue will compensate for that.
more...
JA1HIND
01-27 01:00 PM
Thanks lazysis.... your confidence is boosting my confidence too :-)
JaiHind....would you mind briefing me on your casez? why did ur employer charge 7K from you? did u also sign similar contract?
After reading all the great posts on this thread and their experiences, it hurts me why in the world did I even pay my old employer 7K...(I wish, to do something thing like this and check with great experts opinions like how you did on your case....) and could have saved 7K:mad:
here is my experience and for sure you all would agree by not paying 7k to this 2nd employer "sky wouldn't have fell down"....:
In 2003, I joined my 2nd employer (Indian Consulting) since I came to US in year 2001. At the time of joining this employer made me sign all kinds of contract and one of the contact that I signed was to pay (50-50%) for GC processing and if left the company before GC is approved I have to pay the remaining 50% and contract was something like this "if Employee were to leave the company’s employment prior to GC approval, employee hereby agrees to refund all expenses includes attorney, processing fees etc., to the Company with 30 day's......."
Here is my GC experience: I provided all the information that my 2nd employer/attorney requested in order to file my GC and after 6 months on my follow-up on where they are with GC process they told me to provide additional paper work due to which they could not start my GC processing "6 months wasted here" (since I am idiot) and should have realized this employer is a useless/fraud one and didn't learn my lesson in my 2nd attempt of GC processing with this 2nd employer (something similar happened to me with earlier employer (Indian consulting) & by the time I realized it was already 2 years wasted down the road and they haven't started my GC, I got irritated & left my 1st employer "2 years wasted 2001-2003).. I could have left little early but they had close to 40K of my overflow money with them which I was able to extract at the time of my wedding excuse....thank god!!
Now after providing other documents that he requested papers and then after then every month I used to follow-up but after another 6 months I know there was no progress and this employer is just carries about money and one day I asked him if they have any intentions of applying for my GC or would like to continue on playing around this catch up game for ever and finally they gave me attorney contact number & work directly with him...this attorney is another JOKER (Indian guy with a fake American accent). This attorney thinks he is Mr.George Bush-2, I could never talk to him directly & his assistant used to put me on to his voice mail every time when I called & later he used to mail with response...
By now I have already paid my 3.5K (that was forcibly deducted from my paycheck in addition to thei 60% of hourly pay cut) and almost 23 months gone down the road and asked if they filed my GC that was end of year 2004 and guess what.... they don't have receipt number at that time too...and right then I gave my 2 weeks notice and in advance I applied to another known consulting company H1 transfer (this is my current employer who is good and no complaints). The minute I gave my resignation, I was still working at the client using new H1 and happen to know that this 2nd employer was enjoying 60% of my hourly billing rate and when I gave my resignation they HR was bargaining me for increase in my pay by 50 CENTS/hour (can you guys believe this and its true they did that to me "50cents") and non of their great offers worked on my end and!! I left the company once I got approval from new employer and next day they sent me a notice to pay remaining 3.5K followed with legal action notice that will be taken if not paid in 30 days of time frame else they will give information to collection agencies...) Since they mentioned about "collection" agencies I decided to pay the remaining amount else as you all know these collections agencies can also ruin "credit history"...& thought its not worth dealing with credit history.
Summary of my GC experience: wasted 4 years of valuable time (2001-2004) & most important paid 7K for GC in first place process didn't even start at all....isn't that a JOKE!!
my 3rd employer filed for my GC in MAY 2005 in EB2 (TSC), received EAD/AP, I am very happy with this employer and treats their consultants very professional and helps if & when needed.
JUST CURIOUS, DO ALL THINK I CAN EXTRACT MY PAID 7K BACK FROM THIS EMPLOYER WHO CHEATED ME OR YOU THINK ITS WORTH LET IT GO???....any comments, suggestions are greatly appreciated!!
THE END!!
JaiHind....would you mind briefing me on your casez? why did ur employer charge 7K from you? did u also sign similar contract?
After reading all the great posts on this thread and their experiences, it hurts me why in the world did I even pay my old employer 7K...(I wish, to do something thing like this and check with great experts opinions like how you did on your case....) and could have saved 7K:mad:
here is my experience and for sure you all would agree by not paying 7k to this 2nd employer "sky wouldn't have fell down"....:
In 2003, I joined my 2nd employer (Indian Consulting) since I came to US in year 2001. At the time of joining this employer made me sign all kinds of contract and one of the contact that I signed was to pay (50-50%) for GC processing and if left the company before GC is approved I have to pay the remaining 50% and contract was something like this "if Employee were to leave the company’s employment prior to GC approval, employee hereby agrees to refund all expenses includes attorney, processing fees etc., to the Company with 30 day's......."
Here is my GC experience: I provided all the information that my 2nd employer/attorney requested in order to file my GC and after 6 months on my follow-up on where they are with GC process they told me to provide additional paper work due to which they could not start my GC processing "6 months wasted here" (since I am idiot) and should have realized this employer is a useless/fraud one and didn't learn my lesson in my 2nd attempt of GC processing with this 2nd employer (something similar happened to me with earlier employer (Indian consulting) & by the time I realized it was already 2 years wasted down the road and they haven't started my GC, I got irritated & left my 1st employer "2 years wasted 2001-2003).. I could have left little early but they had close to 40K of my overflow money with them which I was able to extract at the time of my wedding excuse....thank god!!
Now after providing other documents that he requested papers and then after then every month I used to follow-up but after another 6 months I know there was no progress and this employer is just carries about money and one day I asked him if they have any intentions of applying for my GC or would like to continue on playing around this catch up game for ever and finally they gave me attorney contact number & work directly with him...this attorney is another JOKER (Indian guy with a fake American accent). This attorney thinks he is Mr.George Bush-2, I could never talk to him directly & his assistant used to put me on to his voice mail every time when I called & later he used to mail with response...
By now I have already paid my 3.5K (that was forcibly deducted from my paycheck in addition to thei 60% of hourly pay cut) and almost 23 months gone down the road and asked if they filed my GC that was end of year 2004 and guess what.... they don't have receipt number at that time too...and right then I gave my 2 weeks notice and in advance I applied to another known consulting company H1 transfer (this is my current employer who is good and no complaints). The minute I gave my resignation, I was still working at the client using new H1 and happen to know that this 2nd employer was enjoying 60% of my hourly billing rate and when I gave my resignation they HR was bargaining me for increase in my pay by 50 CENTS/hour (can you guys believe this and its true they did that to me "50cents") and non of their great offers worked on my end and!! I left the company once I got approval from new employer and next day they sent me a notice to pay remaining 3.5K followed with legal action notice that will be taken if not paid in 30 days of time frame else they will give information to collection agencies...) Since they mentioned about "collection" agencies I decided to pay the remaining amount else as you all know these collections agencies can also ruin "credit history"...& thought its not worth dealing with credit history.
Summary of my GC experience: wasted 4 years of valuable time (2001-2004) & most important paid 7K for GC in first place process didn't even start at all....isn't that a JOKE!!
my 3rd employer filed for my GC in MAY 2005 in EB2 (TSC), received EAD/AP, I am very happy with this employer and treats their consultants very professional and helps if & when needed.
JUST CURIOUS, DO ALL THINK I CAN EXTRACT MY PAID 7K BACK FROM THIS EMPLOYER WHO CHEATED ME OR YOU THINK ITS WORTH LET IT GO???....any comments, suggestions are greatly appreciated!!
THE END!!
satishku_2000
07-13 03:18 PM
As far as I know dream act does not offer anything for legal kids. Its all about kids of undocumented workers.
I am not quite sure why should I support this bill. Unless this bill includes age out protections for legal kids or legal kids get the same benefits as kids of undocumented workers, I don't think many people would support this.
Please let me know if you know any provisions that help us or hurt us . I am open to change the mind ...
I am not quite sure why should I support this bill. Unless this bill includes age out protections for legal kids or legal kids get the same benefits as kids of undocumented workers, I don't think many people would support this.
Please let me know if you know any provisions that help us or hurt us . I am open to change the mind ...
more...
glen
04-01 06:27 PM
Fax 10 & 11 done.
2010 feathers in her hair.
invincibleasian
01-31 12:43 PM
I dont care about the fees. anything under 1000$ for 485 filing is cheap. I am happy they are in the process of eliminating substitution since this will reduce lcs. also higher the fees lesser the abuse of the system where one employee makes different employers file for h1s and gcs. I fully support the hike!
more...
venram
05-08 06:49 PM
As our members get greencards, we are happy for them and wish them good luck for future. Please continue to support Immigrationvoice and visit this site to help others waiting in line. If there are sufficient greencard holder members, we can even take up issues confronting greencard applicants in future.
This thread is to start a discussion and hear experiences from members who have received their greencard. Please write �
- How has greencard changed your life after receiving it?
No big change in my life. Just continuing to live my life as I have been doing all the time. I had never restricted myself due to not having green card in my hand.
- What did you do on the day you received it?
Called my wife first after seeing the emails to share the news. Then immediately called the near and dear ones in India to share the news.
- How did the long wait upset your life?
It did not impact my life as such. Since the time I entered US, I have been having a good job that pays well (I work for a top financial company). Only impact was that I could not travel to India freely due to the H1B stamping requirement. Every time I travelled to India, I had to spend additional time here in US to collect documents and the required things for visa stamping and hand to spend invaluable time in India to go through the visa stamping process.
- How did immigrationvoice help you during this long wait?
The internet site was very helpful as there were lot of people sharing information and ideas.
- Would you like to continue your support to immigration voice and help others waiting?
Yes
- Any advice for everyone?
Once anyone received his greencard, please update the IV tracker too. We like to see how many members in IV are greencard holders and what is the current trend of approvals in our membership
This thread is to start a discussion and hear experiences from members who have received their greencard. Please write �
- How has greencard changed your life after receiving it?
No big change in my life. Just continuing to live my life as I have been doing all the time. I had never restricted myself due to not having green card in my hand.
- What did you do on the day you received it?
Called my wife first after seeing the emails to share the news. Then immediately called the near and dear ones in India to share the news.
- How did the long wait upset your life?
It did not impact my life as such. Since the time I entered US, I have been having a good job that pays well (I work for a top financial company). Only impact was that I could not travel to India freely due to the H1B stamping requirement. Every time I travelled to India, I had to spend additional time here in US to collect documents and the required things for visa stamping and hand to spend invaluable time in India to go through the visa stamping process.
- How did immigrationvoice help you during this long wait?
The internet site was very helpful as there were lot of people sharing information and ideas.
- Would you like to continue your support to immigration voice and help others waiting?
Yes
- Any advice for everyone?
Once anyone received his greencard, please update the IV tracker too. We like to see how many members in IV are greencard holders and what is the current trend of approvals in our membership
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hiralal
05-29 11:29 PM
+1 one from me, why can't we pass this to all US friends as a forward?
done
done
more...
devamanohar
08-14 06:10 AM
I filed for my self, wife and two daughters I-485 and EAD with all documents but without I-140 recipt notice instead I enclosed evidences of the cashed check, INS online status print out and cover letter with reciept number.
My application reached on July 2 at 11:34am. No reciept yet. I called INS and representative explained my case will not be denied. If at all, INS will ask for the reciept notice.
I have my reciept notice for I-140 now.
At this point shall I wait or apply one more today with the reciept notice.
My application reached on July 2 at 11:34am. No reciept yet. I called INS and representative explained my case will not be denied. If at all, INS will ask for the reciept notice.
I have my reciept notice for I-140 now.
At this point shall I wait or apply one more today with the reciept notice.
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GCapplicant
07-02 03:46 PM
Medical-375+375+50
Lawyer-1000
Photos-80
Fed ex-50
USCIS fees-1850
Mis:For birth certificates-Doctors office very busy we had to go three times.
20
Total:3800
Lawyer-1000
Photos-80
Fed ex-50
USCIS fees-1850
Mis:For birth certificates-Doctors office very busy we had to go three times.
20
Total:3800
more...
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anshal
12-30 10:04 AM
My received date is July 3rd for 485, I140 approved July 18, notice date June 26, 07. for AC21, Is my safe date Dec 30th or Dec 31st. Should I be working on the 31st December for current(485) employer or I am safe today?
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coloniel60
08-15 03:26 PM
I have just called USCIS and spoke to very good and friendly lady IO. She has told me that in case if our applications is rejected for any reason due to lack of intial evidence,less amount of check or any other reason they will send a notice for re-submittal of application.
Yeah right! We should start a poll to see how many believe this.
Yeah right! We should start a poll to see how many believe this.
more...
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nousername
11-19 05:04 PM
To begin with let me say that I have earned my masters from the US but still I'm not in favor of this idea simply because getting a masters from the US does in no way prove that US needs us more than others (in light of EB law), or we are any smarter or more capable than people who did masters or even under grad from their home country..
Besides this will further divide the community which as is divided.
Just my 2 cents.
Is this still an active topic? or its dead? Are there people with US Master - STEM who are willing to come forward?
I am just trying to gauge this? To me, looks perfect candidate for piece meal while waiting for CIR, justification could be same as 20K quota for H1b, keep US educated in the country and keep contributing to US economy & society. It has two benefits, a) direct to people who have US Master, b) there will xx less number of people in front of who don't qualify for this so their turn will come sooner.
any leads?
Besides this will further divide the community which as is divided.
Just my 2 cents.
Is this still an active topic? or its dead? Are there people with US Master - STEM who are willing to come forward?
I am just trying to gauge this? To me, looks perfect candidate for piece meal while waiting for CIR, justification could be same as 20K quota for H1b, keep US educated in the country and keep contributing to US economy & society. It has two benefits, a) direct to people who have US Master, b) there will xx less number of people in front of who don't qualify for this so their turn will come sooner.
any leads?
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ragz4u
03-16 03:59 PM
I did read it, and I really hope that something happen this year. The OC magazine is very focused on Immigration, like the AZ Central.
Here's a link to his website
http://frist.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=2306
I have a feeling it will have some pro-immigrant stuff too....the next 10 days are going to be very interesting
Text of Bill Frist's statement below
March 16th, 2006 - WASHINGTON, D.C. � U.S. Senate Majority Leader Bill Frist, M.D. (R-TN) today announced his intention to introduce a border security bill before the recess to ensure the Senate has a border security bill ready for debate during the week of March 27:
�Our country needs security at our borders in order to slow the flow of illegal immigration and make America safer from foreign criminals and terrorists. That�s why today I will introduce a border security bill, to guarantee the Senate will have legislation available for consideration the week of March 27.
�This bill will be based on the consensus enforcement, visa reform and immigration litigation reform titles of Chairman Specter�s mark-up of border security legislation and focus on ensuring strict enforcement of our nation�s immigration laws. I look forward to bringing a border security bill to the floor during the week of March 27 and allowing the full Senate to start work on border security and interior law enforcement, as well as comprehensive immigration reform, so that America is more secure and our constituents are safer. It is my hope that the Judiciary Committee will be able to report a bill we can bring to the floor that meets these objectives. As a country of immigrants who respect the rule of law, I expect us to honor those heritages as this debate unfolds.�
Here's a link to his website
http://frist.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=2306
I have a feeling it will have some pro-immigrant stuff too....the next 10 days are going to be very interesting
Text of Bill Frist's statement below
March 16th, 2006 - WASHINGTON, D.C. � U.S. Senate Majority Leader Bill Frist, M.D. (R-TN) today announced his intention to introduce a border security bill before the recess to ensure the Senate has a border security bill ready for debate during the week of March 27:
�Our country needs security at our borders in order to slow the flow of illegal immigration and make America safer from foreign criminals and terrorists. That�s why today I will introduce a border security bill, to guarantee the Senate will have legislation available for consideration the week of March 27.
�This bill will be based on the consensus enforcement, visa reform and immigration litigation reform titles of Chairman Specter�s mark-up of border security legislation and focus on ensuring strict enforcement of our nation�s immigration laws. I look forward to bringing a border security bill to the floor during the week of March 27 and allowing the full Senate to start work on border security and interior law enforcement, as well as comprehensive immigration reform, so that America is more secure and our constituents are safer. It is my hope that the Judiciary Committee will be able to report a bill we can bring to the floor that meets these objectives. As a country of immigrants who respect the rule of law, I expect us to honor those heritages as this debate unfolds.�
more...
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EndlessWait
07-27 01:24 PM
I guess Phone answering people job is to answer the phones(not receipting), correct me if I am wrong.
if they've less calls, they can do some other real work.
in any case..they took 1-3 months in case of reciepting 65K H1s. How soon do you think they can receipt 10 times that number..
if they've less calls, they can do some other real work.
in any case..they took 1-3 months in case of reciepting 65K H1s. How soon do you think they can receipt 10 times that number..
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enggr
09-26 02:37 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
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
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Libra
07-17 10:01 AM
I am still not able to see, can you tell me what dates I-140 advanced degree are being processed.
This is what I see:
"U.S. Citizenship and Immigration Services
Nebraska Service Center Service Center Processing Dates
Posted July 16, 2007 "
This is what I see:
"U.S. Citizenship and Immigration Services
Nebraska Service Center Service Center Processing Dates
Posted July 16, 2007 "
Ramba
08-07 06:07 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
Your H1 (non-immigrant status) is invalid on the date of approval of 485 or once you become PR. Plastic card shows your PR starting date. Sometime, it is before the 485 approval date.
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
Your H1 (non-immigrant status) is invalid on the date of approval of 485 or once you become PR. Plastic card shows your PR starting date. Sometime, it is before the 485 approval date.
Edison99
08-23 11:50 AM
Thanks for the great suggestions!
When I was trying to file in EB-2, this was the first question that I asked me lawyer -- No matter what, I do not want to get my pending EB-3 case to get in trouble. His answer was -- These two are going to be totally isolated cases. A person can have multiple pending green card applications. Heck, one can have one application in EB category and the second one in FB category. Having two cases together in EB category is fine and the outcome of EB-2 case at any stage would not effect EB-3 case at all. (Again, if USCIS finds that you are in some sort of fraud then it is all together a different case).
What you should not do (coming from lawyer) is do not file two sets of I-485. That is going to screw up your case.
Another suggestion that lawyer gave me and I did not follow is -- Let us say your EB-3 I-140 is pending and you and your wife have EAD and AP. When you start a new EB-2 process, during the I-140 stage, take CP route (Counselor Processing). This is best of both the worlds. You have EAD and AP from EB-3 petition and you are requesting for CP for your EB-2 application. As soon as your dates become current, you will be notified to go to your home country US embassy. Go there with family, get everything done and come back to the US with GC. If S*H*I*T happens there (Which is rate), come back with AP (derived from EB-3 application) and you are back to where you were. By doing this, you just eliminated two things -
1. Interfile is a tricky process. If you could avoid it, avoid it.
2. When dates become current, US embassy would surely look in your case. That process is far better than USCIS + I-485.
Negative point of this route is - you need to make a trip to your home country on a short notice.
Once again, good luck to you all. Just, do not do anything illegal to get GC. Do whatever is permissible under the law and do not even believe your lawyer. Do your own homework.
When I was trying to file in EB-2, this was the first question that I asked me lawyer -- No matter what, I do not want to get my pending EB-3 case to get in trouble. His answer was -- These two are going to be totally isolated cases. A person can have multiple pending green card applications. Heck, one can have one application in EB category and the second one in FB category. Having two cases together in EB category is fine and the outcome of EB-2 case at any stage would not effect EB-3 case at all. (Again, if USCIS finds that you are in some sort of fraud then it is all together a different case).
What you should not do (coming from lawyer) is do not file two sets of I-485. That is going to screw up your case.
Another suggestion that lawyer gave me and I did not follow is -- Let us say your EB-3 I-140 is pending and you and your wife have EAD and AP. When you start a new EB-2 process, during the I-140 stage, take CP route (Counselor Processing). This is best of both the worlds. You have EAD and AP from EB-3 petition and you are requesting for CP for your EB-2 application. As soon as your dates become current, you will be notified to go to your home country US embassy. Go there with family, get everything done and come back to the US with GC. If S*H*I*T happens there (Which is rate), come back with AP (derived from EB-3 application) and you are back to where you were. By doing this, you just eliminated two things -
1. Interfile is a tricky process. If you could avoid it, avoid it.
2. When dates become current, US embassy would surely look in your case. That process is far better than USCIS + I-485.
Negative point of this route is - you need to make a trip to your home country on a short notice.
Once again, good luck to you all. Just, do not do anything illegal to get GC. Do whatever is permissible under the law and do not even believe your lawyer. Do your own homework.
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