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  • rock945
    10-11 09:57 AM
    Remember, 245i cases were the NOT the same as the mexican illegal aliens that are being spoken of in relation to CIR .. lots of educated, legal H1-Bs lost their jobs (and their legal status) during the dot com burst of 2000 - 2002. Some of them stayed on even after going out of status, and then became eligible to file for GC under 245i.And needless to say, many more of those H1s came from India than mexico.
    There are also Non-RIR cases that were applied in apr 2001 still pending in BEC. I personallly know few of my friends whose labor is still pending in BEC with PD apr 22 , 2001.





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  • elaiyam
    05-25 02:22 PM
    Here is the challenge... we need

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  • unitednations
    04-27 04:17 PM
    The above mentioned case was later denied. AAO withdrew the approval. See this link -
    http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2009/Apr282009_01B5203.pdf

    This was a good find. The decision actually opens up more doors then it closes.

    USCIS in the past; and specifically Nebraska service center would deny I-140's if you did not have one single source degree equal to U.S. bachelors degree (ie., combination of degrees was not allowed).

    this decision basically says that 3+2 will not be considered equal to masters but will be considered to be equal to bachelors degree. However, since the labor didn't allow for bachelors and five years of experience then they consider him to not be qualified for the position.

    Looks like 3+2 will still qualify for eb2 but through the bachelors and five year route.

    If you look through many of the appeals decisions you will even find contradictory stuff with regards to combination of degrees to get to bachelors equivalency for eb2.

    That's why when you are first starting the greencard journey it is safest to go eb3 route and then later give it a try for eb2.





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  • saimrathi
    07-19 02:19 PM
    EB 2 LC Certified June 2007
    Mar 2005 PD
    Reached NSC on 7/2/07 at 7.33am
    Filed I-140 & 485 concurrently
    Checks not cashed yet.


    Let us poll here only for Nebraska Service Center 02-July filers and find stats to estimate the timeline



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  • n2b
    08-15 12:18 PM
    It would give some idea I think

    http://www.usvisahelp.com/art_intent.html

    In order to determine whether the alien truthfully represented his or her intent to remain with his or her petitioning U.S. employer after receiving the green card, the USCIS uses the standard created by Seihoon v. Levy. That is, USCIS examines the “rapid course of events” following the alien’s receipt of his or her green card. The Department of State has reduced this rule to a 30-60-90 day formula which USCIS generally follows. If an alien ends employment with the petitioning employer within 30 days of receiving his/her green card, then it is highly likely that USCIS will decide that the alien’s intent at the Consulate interview was not, as he/she stated, to remain with the petitioning employer indefinitely. After 60 days have passed, it is less likely (but still risky) that USCIS will determine that the alien lied about his/her intent at the Consulate interview. And after 90 days, it is highly unlikely that USCIS will have a problem with the alien’s change of employment


    Maybe this 30-60-90 rule applies to people with Consular Processing or someone who enters this country on Employment based GC and who leaves the employer right away after coming here.

    For majority of people here in US, they might have already worked for a given employer for 3-6 years before they filed 485 and got their GC and completed their 6 months after AOS application to kick in AC21. So for such a person who has sustained abuse by working at the petitioning employer for 3-6 years, does he need to show any more intent?





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  • chansek
    08-28 06:54 PM
    I am happy to share good news, today My EAD status changed to CPO.

    Efiled EAD on June 23, 2008
    FP done on July 18, 2008,
    Card Production Ordered On Aug 28, 2008.



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  • bindas74
    03-18 04:13 PM
    I am following from the start of the original post. This was a post by a new member who appears to create rift among the EB2 or EB3. The reason I believe is he just want to incite in such a way that few other folks will respond and keep the thread floating. Later few other posts by himself were created with different ids. just observe the trend and you will notice it.

    So folks dont respond any more and this rift creation will die down.

    I hope the admins keep this thread open and not kill it. I am not sure what the intentions of the OP ( some of you claimed that he wants to create a rift ), but this is definitely a valid concern for all the EB3(I) guys. This is a natural reaction to the frustrations of EB3(I) guys just like the mass upheaval during the July 2007 VB fiasco. Since it was across the board, there were no differences. Now since this involves only EB3(I), there is not much support from IV or others. But in my opinion, this is as much unfair as the Julay VB fiasco.
    Some of the EB2(I) guys are worried that their GC dreams would get delayed if there is any Admin fix for EB3(I). For all those individuals in EB2(I) who want to oppose any kind of admin fix for EB3(I), I just want you to think about it. Is it really fair? There are individuals in EB3(I) waiting since 2001 - a total of 8+ years. Don't get me wrong - but some of the EB2(I) guys who have applied as late as 2006 and 2007 are expecting/hoping to get their GC this year if there is a spillover. And I think these are the individuals ( not all of the EB2 guys though ) who are opposing any kind of admin fix ( please dont yell at me or curse me etc...if you are not one among those mentioned, then please dont worry..this is not about you::) Ofcourse i would like each one of us to get GC as soon as possible) to EB3(I).
    And I dont see why there will be a rift between EB2 and EB3 if each of us follows net etiquette in positng responses. Let's do some constuctive brainstoming - without getting into perosnal attacks or getting too emotional. Let's do what is right and not what each one of us thinks is right. Then I guess there wont be any rifts. The only thing I am asking is to get EB3(I) to advnace a little bit. I am not asking for it be on par with EB2(I). I hope some of you see a point in my frustration::))
    Do you really want EB2(I) to advance to 2005/2006 while EB3(I) guys are still languishing in 2001? That's totally unfair in my opinion. I know this world is not fair but how can anyone else try to divide us if we all stand united? And to stand united, EB2 guys should be willing to support any initiative to help EB3(I) move from stone ages::))
    Peace!
    ( I am getting ready with my body armour for all the brickbats various people are going to throw at me::))

    Regards





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  • gaz
    04-20 12:01 PM
    it is the job profile that dictates whether the case is eb2 or eb3 - the applicant should meet the criteria for the job. not the other way around.

    My advice to most people who do not perfectly fit into eb2 is to do the eb3 petition first (which is guaranteed to be approved). Get your place in line for the greencard.

    If it is taking too long then you can try an eb2 later; if it gets approved then you will get the old priority date. If it doesn't; well you can say you tried but you didn't lost your place in line for the greencard because you still have the old eb3 in place.

    However, if your cases is not clear for eb2 and you try this first and it gets denied then you will lose valuable time in line for the greencard because you have to start from the beginning.

    Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).

    However, this isn't the same criteria DOL uses. They will state that if a person doesn't have a degree then you are willing to accept 12 years of experience which is excessive and they deny the labor (before they were giving hard time to eb2 but not it is eb3 that they are after). So now we have an issue that DOL criteria is different then uscis critera. You use dol criteria, labor gets approved but 140 gets denied. Use uscis criteria and labor gets denied. Now, everyone has to adjust and file eb3 labors as skilled workers and only require two years of experience (it's getting more and more messy)



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  • gk_2000
    04-21 04:16 PM
    I notice the OP has disappeared. Hope it was not an anti's bait!





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  • stucklabor
    01-18 01:41 PM
    Everyone, there is a temporary problem with donating money through PayPal.

    Our webmaster is on the phone with them and we expect it to be fixed soon. Someone will post again as soon as it is up.

    Please hold on to your wallets in the meantime.



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  • hiralal
    09-11 10:56 PM
    for reply.... as I said I am on EAD.....
    assuming you are serious about the house ..I can say this ..with your PD and category it makes more sense to rent a house for a year and then decide yourself.
    with a house you get lot of space, independence but with significantly high costs, maintenance and loss of mobility. plus you end up buying far away from your work ..so family time is lost during weekdays.
    in apartments - you end up saving and investing more in retirement accounts, children education accounts etc etc ..but the flexibility is priceless...also greater chance of your kids making more friends in apartment parks / play dates etc.
    so renting a house is a good bet if you really really need space ....home prices will decline for many more months in most locations and will be stagnant for years when u take inflation into account ..





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  • number30
    10-04 08:27 AM
    Children can apply for OCI once they become 18 years. Until that time PIO has to be used unless one of the parents becomes a citizen meanwhile



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  • h1techSlave
    09-22 10:17 PM
    No, we are not going to abuse this and we won't be sending stuff over and over. But stoppers have a very Specific significance: to educate and differentiate between legal and illegal. A stopper says "Stop the reverse brain drain"...A stopper would pique people's interest becase we are typically lumped in with illegals, and a stopper does not exemplify what illegals are. Illegal immigration's message is: "legalize us and help new guest workers come", our stopper says "We are already legal and are already leaving, fix this before we all leave"

    Actually, many Indians with US Citizenship are leaving too. What I have seen with my friends and coworkers is that, the moment they receive the US passport they book a flight to India and come back when ever they please. If media picks up that fact, then what is our strategy?





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  • miththoo
    11-05 01:03 AM
    As I mentioned in my post, I had a resident Indian A/C - account that was opened when I was legally a resident Indian (salary a/c incidentally). No way it can be confused with one of N/RE/O accounts. I had INR in my account. It was wired over to my account here in the US, I got $s. Simple. If you look through the link that I posted, ICICI's instructions are quite clear - you can say family maintenance as a good reason.

    As a couple of people commented in subsequent posts, it is straightforward to send money, INR to $.

    Can the wire transfer be requested online using ICICI's(or HDFC's) website ? Or do you need personnally do it from India ?



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  • walking_dude
    11-08 10:42 AM
    Let this ' Festival of Lights ' make us focus on our mission of ending Green card Backlogs. Stop us bickering on insignificant stuff to satiate our bloated egos. And show us the light of GC soon.

    Happy Diwali to everyone.





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  • gcdesirer
    08-26 03:17 PM
    Even if its multiplied by 100 we should be ok, if the USCIS does a good of not waisting visas by doing their best in the month of Sep. Say we have 6500 * 2 .25 (Family) = 15000people waiting from EB2 2004. Looking at the spillover numbers from last year, we might be lucky enough. Just trying to be optimistic for the next 35 days.

    We received our 2nd biometric appointment notice for Sep 11th. Our Notice date is Sep 19th 2007. Just keeping my fingers crossed and hoping for something good. :)



    =================================================
    Quick set of related questions. Pardon my ignorance. Is this second biometric appointment a "must have"? how does it work? Myself and my husband have got had our first Fingerprint appointment long back. how does that part of the system work? When will the second one be due?



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  • chanduv23
    08-05 02:18 PM
    I just call them, was told that they have no additional information that what is available on the recorded message or the USCIS case status web site. I said I wanted to know if the case is 'pre-adjudicated' and the lady mentioned that that information is not disclosed. ;(

    Ur ID is funny. Maybe the news that ur app is preadjudicated eases ur "laborpains"





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  • villamonte6100
    11-20 08:46 AM
    I visited the PA DMV yesterday to renew my driving licence based on my pending I-485. With all the valid documents like EAD, I-485, SSN card, I-94 etc. They refused to renew it saying that they have a new pilot program implemented called SAVE and need to get clearence from that, it will take upto 30 days. Anybody else gone throgh this proces?? Day by day more hurdles to pass...what a life, why dont they keep their systems uptodate or provide some temp permit as long as their check is pending. I am frustated with all this GC process, name check, DL SAVE system check etc..Why dont they implement just one check and give approval to everything.. atleast make it less time consuming.

    Anythoght from anybody? anybody else went through this SAVE (Systematic Allien Verification for Entitlement) program, or am I the only one??

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=71cf58f91f08e010VgnVCM1000000ecd190aRCR D&vgnextchannel=71919c7755cb9010VgnVCM10000045f3d6a1 ____


    Yes, 4 of my frineds in Colorado went through the same process called the "SAVED". I was the one who started this thread to find out if other states have already started using SAVE and it seems other states are reluctant to use it.

    Ironically, the DMV in Colorado got sued last week regarding this new process because US citizens were badly affected by this. Please read the article below.

    http://www.denverpost.com/search/ci_4674598

    My wife's DL will expire on 02/07 but because of this new process, we decided to visit our local DMV here.

    They renewed her license with just the new 797 and passport as the requirement. I don't know if the law suit has got something to do with the change.

    My other friends are still waiting to be cleared by SAVE and couldn't drive.

    Goodluck.





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  • Caliber
    03-19 03:05 PM
    Instead of finding his faults, wouldn't it be easier to show some empathy to the point he is raising?

    IV has to do something specifically for EB3 I soon or else we'll lose the confidence of a lot of supporters. 2001...are you kidding me?

    We could not even pool $10K for FOIA. For lobbying, one needs lots and lots of money in the range of 100K -200K. What can IV do? Can you explain what you mean by "something'? if all of us EB3's can pool 100K, then we can request IV to do "SOMETHING". Hope every one understands this.





    ganguteli
    04-06 01:49 PM
    Since you ask - the answer is YES. Not sure if you have heard of the "Servant Leadeship" but that is a management philosophy that believes an organization makes the most progress when the "leaders" at the top take the attitude of being "Servants" to those below them. The idea is based on the simple premise that people are more engaged and motivated to work when their boss listens to them and takes the trouble to keep them updated on what is going on. Instead, "Leaders" can always take the "high and mighty" road where they look down upon those below them (for various reasons - lack of trust being just one of them) but that is never going to be as effective or efficient as the former model I just mentioned. Don't take it from me though - feel free to do your own research on this topic and you will find that an increasing number of companies are starting to adopt this philosophy in order to achieve superior results and you don't have to look far to see how this is being practised in the world of politics today (President Obama)..

    I have one question for you:
    Are you willing to copy paste what you have written above and send it to your VP and CEO of the company and ask them to behave like your servants because this is the best philosophy for a company to progress? :D:D

    Please also ask them to be transparent and keep all employees informed of all discussions because you contribute your sweat and blood for the company?

    Can you do that?

    Likewise can you write this to your lawyer and ask him to behave like a servant because you pay him lot of money? :D:D

    Come on. Just because we have this open forum where we can hide our identity does not mean we can write anything. On this thread I see 2 anti-immigrant, anti-IV posters. They pose as regular members and whenever anyone posts such thread they do not lose any opportunity to attack.

    Let me share my experience with IV. Initially I did not know much about IV and when my friends said lot of good things about it, I always dismissed them and never came to the site. Then one day I decided to check myself and contacted IV and a core member was nice enough to explain everything. My senior member friends from my town were also helpful in explaining. So I will let them do the good work they are doing. I know I cannot spend so much time on social service that they do. I would rather spend my time on the beach playing beach ball.





    GC_Optimist
    02-08 12:30 PM
    did not mean to discourage, just be prepared because after the 140 is rejected, you have to start all over again and you lose time in the process. BTW, ask any lawyer, and you will hear the same about Nebraska.

    also if you have an MS and are eb-3, by all means transfer to EB-2 with a high rate of success --- again accding to my lawyer.

    Can you elobrate on start all over again . Does this mean for that priority date of EB3 is lost. ? :confused:



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