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  • hebron
    04-20 09:44 AM
    yes my case rejected due to number of years of education.
    My case they rejected because i have 3 year Bsc and 2 year master now funny thing is that i know my friend who did similar course from same university but he did same master degree like me but in part time so he complete in 3 years and he got approval in 2009.

    That's ridiculous :rolleyes: So did you pursue with MTR or filing in EB3?





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  • pappu
    06-30 12:49 PM
    From Immigration Policy Center:

    June 30, 2010

    Washington, D.C. -Tomorrow, Thursday, July 1st, President Obama will make what is being described by the New York Times as "a major speech on immigration" at American University in Washington, D.C. The President is expected to step forward to reassert the leadership of the Federal Government on the issue of immigration.

    While a federal lawsuit against Arizona's SB1070 now seems imminent, the President must address the underlying issues that led to passage of the Arizona law. We hope the President will squarely address the public's frustration with a lack of workable solutions on immigration. He must place this frustration in context - lack of federal action leads to growing impetus in the states to pass laws, no matter what their cost, simply to try to resolve the impasse. The President should address this frustration, but should also address the undisputed polling that shows that Americans want comprehensive immigration reform. This can be his moment to bring people together by laying out a framework that will actually move Congress to complete workable legislation.

    We also hope that the President avoids some of the typical election chatter on immigration, which tends to turn the issue into a political contest of who can talk the toughest. Rarely does the debate move beyond the issue of further fortifying our southern border. While border security is a necessary component of comprehensive immigration reform, we cannot stop there. Real reform must look past campaign politics and find solutions that will allow communities to live and work together without the anger and recriminations that have dominated this issue for years. We hope the President's speech will go beyond issues of border security and discuss with the same enthusiasm strategies to create a 21st century immigration system - a system which invests in ideas and programs that support family and community cohesion, promotes fairness and individual accountability, supports immigrant integration, and helps us attract the best and brightest from around the world.

    "The crisis in Arizona was created by an absence of leadership and commitment by the Federal Government to fix our broken immigration system. My hope is that the President will use this speech as an opportunity to reassert federal authority over immigration law and policy, and lay out his vision for a path forward," said Benjamin Johnson, Executive Director of the American Immigration Council, who will attend the speech on Thursday. "Enforcement of our laws is important, but the President must rise above the angry and misguided political rhetoric that creates and then feeds a never-ending appetite for punishment. While a lawsuit by the Department of Justice is a necessary legal step, a lawsuit alone will not end the vacuum created by the lack of workable immigration laws and leadership to make that a reality. Over the last year, the President and his administration have expressed a willingness and desire to pursue a comprehensive reform strategy. Sadly, too few politicians have had the courage to stand with him on this important issue. The true measure of the President's commitment to this issue is whether he will create his own strategy for moving reform forward and whether he will expose those in both parties who refuse to step forward and create a workable, humane immigration policy that will strengthen America."

    As the Department of Justice takes up the legal challenge, President Obama - through this speech and continuing actions - can place the responsibility for immigration reform back where it constitutionally belongs: in the hands of the Federal Government.





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  • roseball
    02-11 05:21 PM
    Even if the Labor cert says "Masters" then as long as you had BS + 5 years experience before you filed for labor, to qualify for EB2, this should be ok.

    This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.

    Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.

    Now coming back to the OPs case, I observe the following from the information posted so far:

    - Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
    - 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.





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  • pappu
    10-06 12:20 AM
    Hey guys, Our collective voices worked.
    We got a partial correction on their on line article at the bottom which was just added after our e mails started hitting their inboxes. It is good that they realised their error. A pity it did not make it into their print edition.

    See at the bottom under Amplification.

    http://blogs.wsj.com/washwire/2007/10/05/republican-candidates-rev-up-for-economic-debate/
    Thanks everyone for writing to the editor



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  • GoneSouth
    08-16 01:25 PM
    I personally think that 6 month rule-of-thumb is nonsense.

    AC21 clearly states you can switch employers 6 months after your green card application has been pending. On what legal basis could USCIS then come back and deny citizenship to anyone for switching employers too soon after getting their green card?

    I'd really be interested to hear if someone has specific knowledge of a case where someone had their citizenship denied due to switching companies too soon after getting their green card.





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  • sanju
    05-14 05:49 PM
    Can someone please advice pros and cons, keeping in mind the forward movement of priority dates could be just for the month of June!

    My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?

    Also what are the wait times for CP in Mumbai India?

    Thanks!

    May we all get outa this mess :cool: and move on with life!


    Whatever you do, please do not go for CP. Because if the dates go back before the CP process is over, you will be stuck without work authorization card and I-131. Keep in mind that you will not be able to change job even after applying for CP. This is what I think. I am sure others on the forum will share with you more about the difference between CP and AOS.



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  • royus77
    07-05 09:35 AM
    You can subscribe to CRIS email for status updates. But sometimes you may not get the email. The letter may directly go to your ex employer's Attorney.

    Even if you get a NOID, it may go to your ex employer's Attorney. We all know this employer attorney nexus - they are ready to screw you.

    Will submitting a new G-28 form and specifying the new Attorney will not work ?





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  • chanduv23
    10-13 09:59 AM
    I was glad I made it even if I was late. The local chapter is no more nebulous entity in my mind. Good to see you all.

    PS: My only gripe: laborchic turned out to far from a "chic". What a letdown ;-)

    Well - now I understand why you were there :)



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  • Aah_GC
    07-09 11:04 AM
    If you click on the link called "PERM" on the left hand side - there is an MDB file called 2004 (in a zip file). Try to download an Access reader and go for it.





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  • posmd
    03-28 04:14 PM
    Pal, don't try to be selfish and narrow minded here. Step into PBEC victim shoes and then we shall see what language you speak.

    Opportunity to speak in front of congress won't come everyday. So we should highlight all the problems faced by us during the employment based immigration process -- whether it is rotting in the PBEC mess for labor certification for 3-5 years or for visa numbers. They all should be brought forward.

    The deadlines don't mean any thing but the results in hand do. If it were resources issue, then DBEC would also have been also stuck somewhere with 2001-02 cases but no.. they are processing 2004-05 cases. There is something seriously wrong with PBEC and needs to be fixed.


    I sympathise with your situation. However the point you are missing in the grand scheme of things is retrogression and visa numbers is a problem that can ONLY be solved with legislation. Congress legislates.
    The BEC mess can be sorted in other ways.
    Right now if the BECs were to get off their butts and approve your labour today you would not be any better off in any tangible way. If you wanted to buy your way out of that problem you could file PERM and ask that your labour priority date be substituted.
    There is NO WAY around retrogression mess.
    Try to see the bigger picture, since your ultimate objective presumably is getting the green card.



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  • lazycis
    12-11 02:57 PM
    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.

    If you haven't tried it yet, try to follow the procedure I described on the 1st page
    http://immigrationvoice.org/forum/showpost.php?p=199646&postcount=3

    The only reason you need is that yor EAD app is pending more than 90 days. Ask for a receipt that they followed procedures outlined in memo. They have to contact service center where your I-765 is pending and request expedite processing. You can also print federal regulations
    http://a257.g.akamaitech.net/7/257/2422/26mar20071500/edocket.access.gpo.gov/cfr_2007/janqtr/pdf/8cfr274a.13.pdf

    Section 274a.13(d) sets that 90 days deadline.





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  • JazzByTheBay
    08-15 12:32 PM
    AC21 applies specifically to the time before you get GC. Even if you do use AC21, you should have the intention to stay with the employer you're with or the future employer (who submits an employment letter attesting they have a permanent job offer which is similar in scope in the LCA and I-140 petition) at the time of GC Approval.

    The 90-day timeframe is sufficient to establish intent, as posted earlier.

    jazz

    [quote=Slowhand;147322]

    If you already used AC21 then? how would you explain to IO. I think what matters is your explanation and there should be no reason for denial of citizenship if you are able to explain.

    cheers



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  • webm
    05-13 03:46 PM
    One interesting point that came out of that recent hearing.

    PD movement results in both 485 approvals + new 485 filings. CIS blames backlogs partly due to the policy that allows 485 filing whenever PDs are current. if PD movement results in 5 approvals, it also results in 10 new 485 filings and thus a backlog is built over which they have no control.

    So in their opinion, PD movement should only control approvals & 485 filings should be controlled separately. If this happens, there would no backlogs and no one will ask them any questions or drag them to court for hearings!

    I agree with you!!:)..

    Question is when this can happen..a big Q to uscis..Obviously we know they dont respond it for such proper processing and fair justice..





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  • gjoe
    09-22 06:59 PM
    Stoppers idea is brilliant and should be done on a big scale. It will convey a strong message and will be in news.

    These are my predictions if we do this stopper thing

    1) People will try to know what this whole thing is about. ( So we should have the stage set for the propaganda to tell americans that they will lose big if we go home)
    2) This could have a negative impact of drawing more anti-immigrant crowd which want us to leave no matter what. ( For a common american jobs for his himself and family is more important than what we are trying to say)
    3) Stopper companies would get some free publicity ( Maybe some company is out there to sponsor this)

    In my opinion this would not help much like the flower campaign. But there is no harm in trying.



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  • ghost
    08-11 10:27 AM
    Folks,

    In our legal immigrant community, we have the following Groups (G) of people:

    G1) Handful of leaders - folks who clearly understand that only legislative fixes and administrative fixes can provide realistic help
    G2) Dozens of volunteers - who are willing to take that extra step and contribute time and effort for the sake of others
    G3) Hundreds of donors, both regular or one-time - who trust IV leadership and commit to the cause without any qualms whatsoever
    G4) Thousands of members - who try to understand the issues we are facing but do not have a realistic assessment of how bad things are
    G5) Many more - who either are not bothered by this wait or who simply gave up on this process and became dormant of some sorts of their career


    While the predictions thread provided some clarity and entertainment for EB2 folks, this September 2010 bulletin is a blessing in disguise for all of us.

    Current state of our Members (M):
    M1) We have recently greened EB2 folks (2005-2006 EB2 folks), who have a fresh memory of the painful wait
    M2) We have folks who relied on predictions (May 2006 - Jul 2007 EB2 folks), who must be frustrated and disappointed with today's bulletin
    M3) We have folks who were looking forward to Jul-Sep 2011 (Aug 2007 - Dec 2008 EB2 folks), who now realize that their wait is even longer than assumed
    M4) We have EB-3 folks waiting forever and feeling that they are being neglected in IV advocacy efforts


    Folks who are in M2/M3/M4 state above should take some time and contemplate the options they have between now and Sep 2011.

    I can see three Options (O):

    O1) "Wait and Watch" option:
    This applies to folks who are either close to the PD being current or folks who are on EADs or folks who are happy with their current career state

    O2) "You are on your own" option:
    EB-3 folks - can try find a job where the employer is ready to start their EB-2 GC process within the next 6 months (make sure your current GC application has an approved 140)
    EB-2 folks - can try find a job where the employer is ready to start their EB-1 GC process

    O3) "We are in this together" option
    All EB-2 and EB-3 folks sign up for a concerted effort where IV leadership is in the driver's seat.

    Each one of us should be able to relate to one combination of Group/Member/Option (GMOs) from the above list.

    Personally I'm G3M3O3, what are you?





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  • gcpadmavyuh
    08-22 06:31 PM
    Well said Satish!


    5&6 raise an important issue - Could there be potential EAD and AP time lost between the actual approval dates and by the time these documents reach us in the mail?

    Guys, as we all know we can not build our careers on EAD and TD. For a permanent solution, join us in the DC rally!



    This is what happens after 485 receipts.

    1. If one has not applied for EAD and TD , one applies for them and wait anxiously for their receipts.

    2. Meanwhile some people start getting FP notices and one does not receive them he or she gets anxious. Finally one gets FP.

    3. Meanwhile one gets the receipts for EAD, TD. One keeps checking the status online.

    4. One goes and gives finger prints for INS.

    5. Finally one gets his or her EAD and TD after 5 to 6 months , One enjoys the moment briefly.

    6. Its almost a month since one received EAD and AP , Its time to apply for renewal.

    7. Repeat step 1

    8. Its almost 15 months since the first FP and one receives the second one because "Finger prints expire" ,


    One has to repeat these steps in a cycle for almost 6 to 10 years depending on PD and "Nationality"


    Meanwhile if USCIS changes any processes anywhere in the pipeline expect further delays.


    I think best thing is to do participate in IV activities.



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  • saimrathi
    07-10 11:48 AM
    Any news from the men/women on the "front line"?





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  • sravani
    05-13 01:37 PM
    Sorry to hear about such cases. We all have to realize one thing here. The employers need us equally bad as we need them (more often than not, not talking about Indian consultancies here). If ever one encounters such racial discrimination and open abuse at the work place, the best recourse is to file a complaint with the higher ups in the HR, start searching for another employer and ditch the current racist employer at the right moment with an appropriate email sent to everyone detailing why the person is leaving at such an important phase of the product development. Yeah, this might sound un-ethical, but sometimes situations do demand such drastic measures to send the right message. That's when all these racist employers would realize the importance of the person that just left the company. Then they can try to fill in the position with their preferred race qualified person and see how difficult that gets!!

    Better still, please talk to your friends and family in other parts of the US and find the areas in the US that are cosmopolitan and try to move to those places. Yeah that is very difficult in the short-term, but in the long-run, you would have peace of mind and a good quality of life after making such a move. Fortunately, i am in the Bay area and i have rarely encountered such racial prejudices out here. Just my two cents.

    Good luck.

    Thanks for your advise and i agree with your thoughts.

    I thought of leaving this company several times, but I am working in this company for 6 years and the only company I worked after coming to USA. I invested so much for this company, like working beyond work hours, working in the weekends, making up the project deadlines for the incompetitive colleagues etc. etc. and now just waiting for my Green Card. There were so many times I thought if I get my Green Card I am going to leave this moment. Years passing by and with this retrogression thing, there is very little hope of getting it soon...

    The positive thing is, my direct supervisor is very nice and I can voice my opinion and she understands me and completely supports me. I am just praying god that I should keep working for her till I get the GC.





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  • felix31
    04-26 05:47 PM
    Great job IV team,

    I am so glad about this article - and I am circulating it among my friends at my school..





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    12-31 09:35 AM
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    saimrathi
    08-27 09:13 AM
    I beg to differ.. My PA DL is based on my Work Visa, hence it expires on the day my visa expires.. I tried to renew online and the system said since you are not a citizen u have to go to the DL Center for a renewal... Maybe your DL is from the time you were student or otherwise...

    The best thing about PA is through online.

    Visit the below link
    http://www.dmv.state.pa.us/driverLicensePhotoIDCenter/renewNonCommercials.shtml

    and click on renew online. Here you have to enter your details and pay through credit card. You will receive the confirmation letter (DL60A/DL60R) through regular mail with in 10 days. Take the letter and go to the DMV for photograph.

    The photograph folks don't ask any immigration documents, just the SSN original card. That's it.



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