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  • desi485
    07-25 01:01 PM
    :rolleyes:Both were EB2 from the same company. PD on one was Oct/2006 and the other was Feb/2002.

    SANBAJ, congrates finally your suffering in GCJourney came to an end!!!

    I have only 1 CG application and no question to interfile (read jealous:)), but after reading this thread, one my co-worker also from india asked this.

    She is waiting for GC for more than 5 years, has 2 different I-140s. But should she go for interfilling? Let me ask this question to fellow sufferers.

    Our company lawyer never answers question in details, and is not responding on this. She will have to send directly to USCIS in case...

    First I-140 - Company A - EB3 - PD July 2003 - approved June 2007 - nothing further, she has the copy of I-140 approval notice though.
    Second I-140 - Company B - EB2 - PD Jan 2006 - approved April 2007 - currently filed in july 07

    Even after so much begging, the lawyer refused to entertain her and did not asked for PD transfer.

    Her husband is working using EAD since last year, is not in H4 status anymore. This is why she is extremely cautious and not taking any chance with her pending I-485. (afraid to interfile all these days.)

    What can she do now? I know her EB2 is current as if August 2008, so that is another factor to consider.

    Thoughts?





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  • neoklaus
    10-27 10:21 AM
    Congrats!!..

    BTW,which service centre?

    Nebraska





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  • tonyHK12
    11-10 01:34 PM
    7. Only organization FOR high-skilled immigrants BY high skilled immigrants
    1. Most visited site by high-skilled immigrants in the
    2. Number of registered members has risen from 50 to 25000 in less than 2 years!

    This is true and the only one working actively working for our cause. If this organization is not succeeding to its full potential, its only because high skilled immigrants did not support it to the extent they could. Everyone wants to know what IV acheived - with $175???

    you can get an idea of contributions from the ticker on the top of this page -
    "Goal amount for this month: 10000 USD, Received:"

    The illegal lobby is picking up an average of a few hundred thousand dollars each month - result CIR, Dream, lawsuits and support in Media and chambers of govt.

    The other part is getting public support, which I feel we already have. breaking news (apologies to faux haters):
    http://nation.foxnews.com/arizona-immigration-law/2010/11/10/texas-goes-arizona-style-immigration-law





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  • BharatPremi
    11-06 04:22 PM
    When you set up the infopass appntmt do you have to select the option
    'EAD Inquiry Appmt' even when you are going with AP question.


    Thank you.

    You should do following for Advanced Parole related appointment if you are arranging the first appointment.

    http://www.infopass.uscis.gov/

    Select

    - You need Service on a case that has already been filed

    On next screen select

    -Case Processing Appointment - If you received a notice to go to your local office for further case processing.



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  • suresh.emails
    08-07 05:53 PM
    Now the actual tension started to me.

    Is my H-1b still valid. I have scheduled travel on August 15'th 2008 via London (LHR). I believe, London airport does not allow any one with out proper visa's and documentation.

    Does GC approval triggers automatic canellation of H1-B visa ( which is valid until Dec 2010)

    How can I start another GC process , when they just approved a GC ( on August 06, 2008)

    I heard some thing called Transfer of Residency. What is that?.

    - Suresh





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  • Sheila Danzig
    12-04 10:49 AM
    EB2 cannot combine education or work experience. It must show a single source degree.

    Note the following information from the 2006 annual conference of the American Immigration Lawyers Association (AILA) in San Antonio, Texas. "For employment-based immigrant visa purposes (aka green card), the U.S. Citizenship and Immigration Services (USCIS) will not equate a three-year diploma plus a post-baccalaureate diploma as being the equivalent of a U.S. Bachelor's Degree for either EB-2 or EB-3 classification. Additionally, the USCIS does not accept a combination of academic background and work experience as being the equivalent of a U.S. Bachelor's Degree for "green card" purposes"

    This can be done for EB3 IF it was stated on the labor certificate.



    Santa,

    Thanks for your response.
    Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree

    H1Girl,

    Thanks for your response.

    Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.



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  • hebron
    08-20 10:17 PM
    I am not with them anymore, I transfered my H1 to another company already. i just need to find out the way how to file a complaint and proceed further.

    That's good to know that you transferred your H1-B.

    As people already suggested there are very slim chances you can do anything about this, since labor and I-140 belongs the the employer. So if you can prove with written statements from your employer that he will sponsor your GC and if can prove that have incurred monetary loss, you might be able to get something out of this.

    On a side note, You may want to see if there is any other options to bring him down, such as if you were on H1-B and if your employer did not pay you the salary he promised. This definitely will put him on the black list and he cannot hire anybody else on H1-B. All the best!





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  • belmontboy
    11-25 11:58 PM
    Thanks a million, core team, for the effort!!!!!! As many have already raised the issue, can you please clarify that core does indeed forecast a jump of nearly 3 years for EB-2 India between Jul-10 and Oct-10?

    One possible explanation could be labor market being bad. We could anticipate spillover to be considerably bigger than previous years.



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  • chanduv23
    03-26 01:47 PM
    one doenst have to argue but can definitely question why its not there on their website if its not htere..they just cant decide one fine morning to just start as king for stuff...

    I agree. They have to follow well set guidelines.

    I would say - those having issues must all get together and write to the Authorities asking them to update rules on website and not arbitrary.





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  • howzatt
    07-19 09:58 AM
    The skin test is mandatory. Also, your blood test results might take a day or two. I really dont think you have any option but to ask her to come back a few days early.



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  • lotsofspace
    01-04 10:18 AM
    yes don't wish for two wives.
    One wife itself is sufficient to cause life long agony and u r wishing for too!
    Indeed a brave fellow and should be given a GC on national interest waiver

    NIV ? Or the Extra-ordinary ability ;)





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  • kumar1
    12-21 03:32 PM
    Guys, we are talking about USCIS - This agency issued visa extension to Mohammad Atta after his death - the guy who rammed AA plane into World Trade Center (9/11). Now can you imagine that? On one hand entire FBI and CIA was behind this tragedy and USCIS had no idea what they were doing. In my personal opinion, do not communicate with them in case you use AC-21. Just wait, if RFE comes RFE comes, if it gets approved it gets approved, if it gets denied, I am outta here! Read this if you have some time.

    http://www.debunk911myths.org/topics/Mohamed_Atta#Immigration_inspection



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  • makemygc
    08-21 10:18 AM
    Office of Inspector General, they investigate all Labor Frauds

    Can you reveal the name of this employer?





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  • go_guy123
    01-04 07:01 PM
    A freind of mine came across a gentleman, who is here on work visa and he is facing a unique problem. He is married to two persons and wants to bring his whole family here in the USA. He was looking for answer if he can get both his spouses and kids here on H4 visas. Currently both of them and his kids are in India. Interesting hmmm :D

    I am curious to know with whom he spends the night with...only that one is eligible to come on H4.

    Damm...my imagination is running wild.



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  • qvadis
    12-29 04:03 PM
    No one analysed the statue of the language used in 202 5 a.

    If the total number of visas available under paragraph (1), (2), (3), (4), or (5).



    You might have to define what the word "is" is ;-)

    Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"

    One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.


    This is the very direct, simple interpretation of 202 5 A.
    Therefore one cannot (EB3-ROW) interpret, for their convenience.


    Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.


    Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.

    I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.





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  • saimrathi
    07-10 08:42 AM
    What if we used so much of our time and energy in finding jobs in India/China and moving back, instead of going after media/govt? :confused:

    Some of us have spent $35-40 on sending flowers, if we gave a internet job board that kind of money to send our resumes to prospective employers and headhunters in India, we may have a chance in finding a job in the emerging economy of India/China.. that will be THE biggest impact on US Govt... To add to my opinion, I would like to direct your attention to Microsoft... They didn't waste their resources on fighting the media, govt.. they just moved to Canada.. And believe me, there will be more such instances...



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  • rsrikant
    08-10 10:26 AM
    Many of them were not confident of clearing labour on their own credentials ( BSC Zoology, BBA, BCOM etc..) or probably wanted to jump the line.

    don't you think they will face problems in 140 if their education doesn't match that in labour... its not as easy as you told..
    jumping the line part i understood. but the first part of your quote is not true...





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  • boom
    12-28 10:21 PM
    I am having the same issue of payment.Everytime it throws error.I have been trying for the last 2-3 days





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  • dontcareaboutGC
    04-13 12:12 PM
    Along with Individual donations what are people's thoughts on advocating for and asking assistance from companies to donate to our cause. I keep reading many articles where many companies have been advocating and lobbying for this? I mean would it be too terrible if all us can try and pursuade our current employers to donate atleast 50-100$ for this. I dont know if it can be a recurring donation but even 1 time will make a huge impact on money collected.

    I can start with my own organization and see if this will have any traction.





    mbartosik
    01-27 01:23 PM
    To he who handed over $7K.....

    If you have good documentation of this... then there are some fees that employers are not allowed to pass on to employee (either in part or in whole).

    These include things like H1B processing fees.
    They might include labor certification fees (required for GC).

    Now unless the 50% specifically identifies which fees, I would take it to mean 50% of all. If your were charged for 50% of something that it is illegal to charge for then Department of Labor may pursue both on your behalf and in the public interest. By pursue, I mean get your money back (or some of it) and fine or worse to employer.

    So find out what documents you have and where your local dept of labor is, and go and pay the friendly staff a visit.

    I know someone that was done out of a few thousand in unpaid overtime. They got his money back for him, even though he only went to them years after, but he had pay slips showing hours worked and money paid. They handled it all for him.





    Sheila Danzig
    12-04 10:49 AM
    EB2 cannot combine education or work experience. It must show a single source degree.

    Note the following information from the 2006 annual conference of the American Immigration Lawyers Association (AILA) in San Antonio, Texas. "For employment-based immigrant visa purposes (aka green card), the U.S. Citizenship and Immigration Services (USCIS) will not equate a three-year diploma plus a post-baccalaureate diploma as being the equivalent of a U.S. Bachelor's Degree for either EB-2 or EB-3 classification. Additionally, the USCIS does not accept a combination of academic background and work experience as being the equivalent of a U.S. Bachelor's Degree for "green card" purposes"

    This can be done for EB3 IF it was stated on the labor certificate.



    Santa,

    Thanks for your response.
    Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree

    H1Girl,

    Thanks for your response.

    Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.