roseball
02-12 02:05 AM
**************
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned. --> just found out that it did say BS+ 5 exp is ok - USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
**********
Since the application do say BS+5 years and I have copy of the Edu evaluation which says Master equivalent , I do see a good chance now to re-open the case .
Mine is not a labor substitute. ( just to clarify)
Thanks
-vinod
That one phrase in your LC requirement could turn out to be a life saver for you. Can you further clarify the educational/experience requirements mentioned in LC. Was it Masters or equivalent with zero experience OR Bachelors with 5 yrs of progressive experience? Your educational evaluation should meet atleast one of the requirements mentioned in the LC. Either Masters or Bachelors + 5 yrs exp. I think for your educational background (non 4 yr BS degree), I feel more comfortable with getting the evaluation done to satisfy the BS + 5 yrs requirement rather than going for Masters equivalent. NSC is known to be strict w.r.t 3 yr BS degree when it comes to EB-2 cases. However, since your initial evaluation showed you as holding a masters equivalent, I am not sure if its a good idea now to try to defend your case with BS + 5 yrs equivalence. A good attorney would be able to guide you through with this. I also suggest you to consult any reputed attorney regarding this and get feedback on your company attorney's plans and not just blindly follow what your company attorney says.
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned. --> just found out that it did say BS+ 5 exp is ok - USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
**********
Since the application do say BS+5 years and I have copy of the Edu evaluation which says Master equivalent , I do see a good chance now to re-open the case .
Mine is not a labor substitute. ( just to clarify)
Thanks
-vinod
That one phrase in your LC requirement could turn out to be a life saver for you. Can you further clarify the educational/experience requirements mentioned in LC. Was it Masters or equivalent with zero experience OR Bachelors with 5 yrs of progressive experience? Your educational evaluation should meet atleast one of the requirements mentioned in the LC. Either Masters or Bachelors + 5 yrs exp. I think for your educational background (non 4 yr BS degree), I feel more comfortable with getting the evaluation done to satisfy the BS + 5 yrs requirement rather than going for Masters equivalent. NSC is known to be strict w.r.t 3 yr BS degree when it comes to EB-2 cases. However, since your initial evaluation showed you as holding a masters equivalent, I am not sure if its a good idea now to try to defend your case with BS + 5 yrs equivalence. A good attorney would be able to guide you through with this. I also suggest you to consult any reputed attorney regarding this and get feedback on your company attorney's plans and not just blindly follow what your company attorney says.
wallpaper Kristen Stewart#39;s sun-kissed
H1B-GC
06-25 10:22 AM
I have a same question regarding travel on existing AP when AP renewal is pending. According to the statement on the form, we can't travel.
I had asked this question to my Attorney and they said we could Travel on EXISTING and VALID AP even when the Renewal is pending. Make sure you have the Courier Receipts and the Copy of I-94 with you before you travel.Please take this Advise at your Risk.Contact yr Attorney to what he/she says.
I had asked this question to my Attorney and they said we could Travel on EXISTING and VALID AP even when the Renewal is pending. Make sure you have the Courier Receipts and the Copy of I-94 with you before you travel.Please take this Advise at your Risk.Contact yr Attorney to what he/she says.
webm
05-22 11:22 AM
Seems they have taken down all servers.
I predict all dates magically moving back in time.
what do you mean moving back in time??
I predict all dates magically moving back in time.
what do you mean moving back in time??
2011 With Twilight star Kristen
dummgelauft
03-17 11:35 AM
Call yourself a shoplifter, but you are really a petty criminal. You have yourself proved so by pleading guilty.
I am surprised that you have not been deported. It people like you who bring a bad name to the whole Indian immigrant community.
Far as I am concerned, unless you hae situation of life and death, you must not steal. The only other scenario, where theft could be pardoned is if you are out of work, have no money, have no friends who would help you, have been turned out by the local soup kitchen and the food bank, and have starving children at home and you decide to pich a loaf of brad from a store
Other than that, no excuse.
I am surprised that you have not been deported. It people like you who bring a bad name to the whole Indian immigrant community.
Far as I am concerned, unless you hae situation of life and death, you must not steal. The only other scenario, where theft could be pardoned is if you are out of work, have no money, have no friends who would help you, have been turned out by the local soup kitchen and the food bank, and have starving children at home and you decide to pich a loaf of brad from a store
Other than that, no excuse.
more...
paskal
05-24 12:21 PM
here is the contradictory nonsense that they did:
1. ALL non immigrant visas including H1 and l1 are presumed now to have immigrant intent- what this means is- the counsellor at the embassy can now turn your visa down for immigrant intent- was not true earlier. So be ready to prove home ties.
2. However- get this- they retained the clause that you can apply for a GC and that this application will not affect visa issuance - and they added F4 the new student visa to this clause
so! prove home ties- but it's ok if you have applied to be a perm resident
does this make ANY ANY sense???????
1. ALL non immigrant visas including H1 and l1 are presumed now to have immigrant intent- what this means is- the counsellor at the embassy can now turn your visa down for immigrant intent- was not true earlier. So be ready to prove home ties.
2. However- get this- they retained the clause that you can apply for a GC and that this application will not affect visa issuance - and they added F4 the new student visa to this clause
so! prove home ties- but it's ok if you have applied to be a perm resident
does this make ANY ANY sense???????
gcseeker2002
12-11 01:09 PM
Maybe you should request to send an e-mail on place. This is what we did.
Send email to who ? Can you pls describe in detail what email they need to send and what reason they need to put in. My local office always says NSC is processing July cases so you should have it soon, but that "soon" has never happened. It is 160+ days since I applied.
Send email to who ? Can you pls describe in detail what email they need to send and what reason they need to put in. My local office always says NSC is processing July cases so you should have it soon, but that "soon" has never happened. It is 160+ days since I applied.
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qualified_trash
09-15 10:37 AM
I am not sure any one one of the people who made the above posts have their GC......... I would actually agree with mihird.
if you plan your life, you can overcome most obstacles, not having the GC included. it is folks who do not plan long term that are in trouble
if you plan your life, you can overcome most obstacles, not having the GC included. it is folks who do not plan long term that are in trouble
2010 Kristen Stewart
Sree Swathi
04-21 02:46 PM
well said!!
GC people is closer to citizenship and closer to get this permission.
Visa is not permanent.
GC people is closer to citizenship and closer to get this permission.
Visa is not permanent.
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vivache
09-24 04:30 PM
I read the views .. that talking to lawmakers makes the difference.
I'm a little surprised here.
The long wait for the GC is an age old issue. I know folks who came here in the 80's and 90's and went through the same issues. There were brief periods when the process did speed up .. but by and large it has been the way it is.
Lawmakers can say .. 'oh I did not know it took 7 years to get the green card." But I find that tough to believe that no one knew this until we went and said this to them? (h1 quotas get extinguished in a day .. and everyone knows this ..
The situation is still the same. CIR also puts out there .. the need for Immigration reforms. So pretty much everybody out there knows what the issue is. Now what can we do to make them move on it quickly.
I agree that getting together educated folks is difficult .. since they have no Union (like workers) and are not as close as blue collared folks. And that's the main reason why an illegal immigrant rally can get a million people on the street .. whereas a legal immigrant one gets in a 1000 people or 2000.
To summarize:
1. I think people in concern know that the immigration process is inefficient
2. Unless there is sufficient sustained pressure, nothing can change.
I would say this .. the question is this ... how can we get a huge rally going in key cities in successive weeks, so we get noticed and we can send across a stronger message?
I'm a little surprised here.
The long wait for the GC is an age old issue. I know folks who came here in the 80's and 90's and went through the same issues. There were brief periods when the process did speed up .. but by and large it has been the way it is.
Lawmakers can say .. 'oh I did not know it took 7 years to get the green card." But I find that tough to believe that no one knew this until we went and said this to them? (h1 quotas get extinguished in a day .. and everyone knows this ..
The situation is still the same. CIR also puts out there .. the need for Immigration reforms. So pretty much everybody out there knows what the issue is. Now what can we do to make them move on it quickly.
I agree that getting together educated folks is difficult .. since they have no Union (like workers) and are not as close as blue collared folks. And that's the main reason why an illegal immigrant rally can get a million people on the street .. whereas a legal immigrant one gets in a 1000 people or 2000.
To summarize:
1. I think people in concern know that the immigration process is inefficient
2. Unless there is sufficient sustained pressure, nothing can change.
I would say this .. the question is this ... how can we get a huge rally going in key cities in successive weeks, so we get noticed and we can send across a stronger message?
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syzygy
06-15 07:35 PM
And most important thing is it's timing -- Can we believe that these orders to make visa bulletin come from none less than some big political clout to suppress / divide the cry of legal immigrants?
This confirms unless we get major reform for addressing backlog, all this idea of making 485 current is eyewash and nothing but trap for exorting money out of legal immigrants every year to pay for USCIS funding.
This confirms unless we get major reform for addressing backlog, all this idea of making 485 current is eyewash and nothing but trap for exorting money out of legal immigrants every year to pay for USCIS funding.
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superdoc
09-19 06:05 PM
I suppose it depends on your employers LOA policy, but in most cases you are not allowed to work for another employer when you have taken a leave of absence. And if it's not illegal it would certainly be unethical.
y would it be unethical ? If I take LOA I will let my employer know that I am working in another town for one year (due to personal reasons) and will be back after a year. There is a provision in our company which allows us to go on LOA. Also y should it be illegal?
y would it be unethical ? If I take LOA I will let my employer know that I am working in another town for one year (due to personal reasons) and will be back after a year. There is a provision in our company which allows us to go on LOA. Also y should it be illegal?
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pd052009
03-10 11:48 AM
I would again suggest to go for paid Forum for everyone. Treat desi's like desi's.
Free means one gets all kinds of public answers hindering IV's efforts.
Dont mean to start the same conversation again, but Pappu - do give it a thought.
Thanks.
I think the current model( Free access to all, except donor forum) is fine. If the whole IV site is paid one, many people like me would not give a thought to spend a min in this site. I came here as a guest, started reading the forum posts. Later realized some threads like 485-Filing and EB2-EB3 predictions require membership. Once I find the membership is free, I registered as a member. After couple of months, I realized what IV could do with my contributions and then I became a donor. So we need free access to bring new members to the forum and to show how they can help IV to help themselves.
Free means one gets all kinds of public answers hindering IV's efforts.
Dont mean to start the same conversation again, but Pappu - do give it a thought.
Thanks.
I think the current model( Free access to all, except donor forum) is fine. If the whole IV site is paid one, many people like me would not give a thought to spend a min in this site. I came here as a guest, started reading the forum posts. Later realized some threads like 485-Filing and EB2-EB3 predictions require membership. Once I find the membership is free, I registered as a member. After couple of months, I realized what IV could do with my contributions and then I became a donor. So we need free access to bring new members to the forum and to show how they can help IV to help themselves.
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chanduv23
10-09 06:05 PM
^^^^^^^^^^^^
tattoo Kristen Stewart (Bella) and
delta3110
05-29 10:26 AM
This is the third time an Indian American has won the competition in a row.
BTW, the huge number of Indian American partcipants is not due to the fact that " Indian Americans" are brilliant... These children (at least most) are partcipating not becasue they have talent but they are being forced to by the aspirations of their parents.
All the Indian American children are crying, sitting on the lap of their parents etc... See any other kid who lost, they were cool.
BTW, the huge number of Indian American partcipants is not due to the fact that " Indian Americans" are brilliant... These children (at least most) are partcipating not becasue they have talent but they are being forced to by the aspirations of their parents.
All the Indian American children are crying, sitting on the lap of their parents etc... See any other kid who lost, they were cool.
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amitjoey
05-14 04:56 PM
/\/\/\/\/\/\/ /\/\/\/\/\/\
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eb3India
04-16 01:36 PM
Adjustment in Dollar exchange is good for both US and Indian economy, if $ hits Rs 38, this will certainly makes outsourcing even more expensive, Indian companies which are currently overrated will have much needed adjustment and the ripple effect of which can be seen in local Indian market such as realestate etc. In a long run this is good,
for those who are still counting on saving a pot of money and retiring in India time to wake up and see the reality
for those who are still counting on saving a pot of money and retiring in India time to wake up and see the reality
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gvenkat
02-23 10:41 AM
It took a richard attenborough to show case Gandhi and it took Danny Boyle to show case Rahman's talent. as simple as that.. people who cant rejoice at this moment are sore frigging losers. end of story. :D
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sanju
04-17 04:00 PM
Apologies, I was simply trying to make a point. As I said earlier, no offense meant and I will be careful in the future.
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anai
04-03 10:29 AM
Looks like the guy we engage for our cause gets a shot to speak about immigration on WSJ and guess what he forgets us all together. Great job for picking QGA core team.
I am just reposting my post from yesterday just so that the people on core can read my thoughts�
�Guys,
I don�t mean to insult your intelligence, but who ever came up with ideas to ask, celebrities, a noble laurite and other accomplished folks from the immigration community to send faxes does not have the slightest plan on how to make this succeed.
If this is the kind of ideas the �lobbyists� QGA is giving us, may we need some fresh blood in helping us out. I completely agree �eb3retro� in working with AILA.org in helping us get our message across. PLEASE STOP THIS INSANE IDEA OF SENDING FAXES all the time either from members of IV or asking other people to do it on our behalf. We are hurting ourselves and don�t even know it. As I have said in my earlier posts �We need the Erin Brockovich of immigration to help us on this, and I am the AILA or similar organization can do this for us.�
Good Luck.
Other than saying "we need the Erin Brockovich," couldn't you do more for our volunteer organization? Why don't you put on a halter top and become the Erin Brockovich.
It is easy to criticize what others are doing. You can modulate what IV does simply by becoming more active and involved yourself.
Also, I don't think QGA ever asked IV to get celebrity endorsements. That idea was from some other member like yourself.
I am just reposting my post from yesterday just so that the people on core can read my thoughts�
�Guys,
I don�t mean to insult your intelligence, but who ever came up with ideas to ask, celebrities, a noble laurite and other accomplished folks from the immigration community to send faxes does not have the slightest plan on how to make this succeed.
If this is the kind of ideas the �lobbyists� QGA is giving us, may we need some fresh blood in helping us out. I completely agree �eb3retro� in working with AILA.org in helping us get our message across. PLEASE STOP THIS INSANE IDEA OF SENDING FAXES all the time either from members of IV or asking other people to do it on our behalf. We are hurting ourselves and don�t even know it. As I have said in my earlier posts �We need the Erin Brockovich of immigration to help us on this, and I am the AILA or similar organization can do this for us.�
Good Luck.
Other than saying "we need the Erin Brockovich," couldn't you do more for our volunteer organization? Why don't you put on a halter top and become the Erin Brockovich.
It is easy to criticize what others are doing. You can modulate what IV does simply by becoming more active and involved yourself.
Also, I don't think QGA ever asked IV to get celebrity endorsements. That idea was from some other member like yourself.
jamesbond007
09-05 03:41 PM
AC21 is nothing to do with AP. In AC21, you are changing the job WITHIN US, not leaving US. There is some securty related reason, for requiring one must not leave USA when AOS is pending. AP is for a short emergency travel during AOS. Yes..it will be a pain if AOS takes many years, particularly travel issues.
Yes. AC21 has nothing to do with AP directly.
But it enables job easy change into a similar job if you have EAD. And that provision is predominantly used by people going thru the AOS process.
When they use AC21 to change jobs, they are strictly in AOS and not in another visa status.
My point was that when AC21 was made, they did not look at all the down stream impacts.
anyways... lets not argue about AC21<->AP.
Since DOS routinely updates their forms, why can't the the form used for AP be updated to change its wording?
Can this be approached as an administrative fix?
Yes. AC21 has nothing to do with AP directly.
But it enables job easy change into a similar job if you have EAD. And that provision is predominantly used by people going thru the AOS process.
When they use AC21 to change jobs, they are strictly in AOS and not in another visa status.
My point was that when AC21 was made, they did not look at all the down stream impacts.
anyways... lets not argue about AC21<->AP.
Since DOS routinely updates their forms, why can't the the form used for AP be updated to change its wording?
Can this be approached as an administrative fix?
NolaIndian32
11-18 01:36 PM
Maybe I am wrong, but isn't the regulation specific to state that required filing fees must be paid by the employer? There may still be attorney fees which may be borne by the employer or the employee.
As regards the 12 month contract, if the contract is written appropriately, it will probably be binding in a court of law. It all depends on how the document is drafted. My employer hires Indians and Americans with 1 to 3 year contracts. The employees who chose to leave before their contract expired did pay back a set fee to my employer. There is nothing illegal about that. But again, it all depends on how the document is drafted.
As regards the 12 month contract, if the contract is written appropriately, it will probably be binding in a court of law. It all depends on how the document is drafted. My employer hires Indians and Americans with 1 to 3 year contracts. The employees who chose to leave before their contract expired did pay back a set fee to my employer. There is nothing illegal about that. But again, it all depends on how the document is drafted.