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  • saileshdude
    02-11 03:29 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. Unless the BS was a three year degree and you did not have the required experience.
    From USCIS perspective to qualify for EB2 you should be Masters or BS +5 experience.

    I think if this is true you have a good chance to fight this.





    Looking at the Labor cert , it says "Masters degree" and NOT "Masters or equalent". that might be the caused the I140 denial .

    Any one had this situation before ?

    Thanks
    -vinod





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  • ksach
    06-21 08:39 PM
    I checked with a lawyer once and she told me that you do not need paystubs for her. you need a paystub for yourself because you should be in status. dont know if all lawyers would agree.





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  • dilipb
    06-23 11:23 PM
    While I Wrote The Check For Ead Renewal
    I Wrote It To Department Of Homeland Security And Not
    Us Deparment Of Homeland Security
    Is It A Big Problem

    USCIS people are too loaded with work to start rejecting applications for such trivial matters.

    The instructions say this "NOTE: Please spell out U.S. Department of Homeland Security; do not use the initials "USDHS" or "DHS.""

    You have written the most important words, atleast u did not abbreviate!
    Also remember there is NO OTHER "department of homeland security" in the world. Check has gone to USCIS office. They know u mean US, even if u did not write it.

    So I am confident that their banks will cash your check. Keep a watch on your bank online. Texas cashed our checks in 7 days and also sent receipt. Dont know how Nebraska is doing. Call USCIS in 1-2 weeks if they did not cash checks.

    Worst case they will send the application back. You can then quickly fix the check and resend application. Hopefully if you have applied in time, then a delay of 1-2 weeks does not matter.





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  • jsb
    07-31 08:37 AM
    This would be the last visa bulletin for this year. The dates should move just like they did last year to consume all numbers.

    For September they can do anything for consuming leftover visas, including a large unsustainanble forward move, but we hope that visas are used for preadjudicated cases in PD sequence (as is described in USCIS procedure manual). However, from October on it appears that dates will only move forward systematically. Reason is that USCIS systems are not designed for handling per country quotas well, which hinders any country quota based information until a file has been opened for adjudication (or preadjudication). There is no per country data readily available on entirely pending cases (except on your paper filings), as initial data entry does not include chargeable country name. However, as we have recently noticed, a lot of cases are getting preadjudicated, which makes chargeable country information available. This should help USCIS estimate monthly demand better.

    Bottomline is, if all three of the following conditions are true for you, you should expect good results in coming months.

    (1) Your case has no hickups, you have provided all necessary documentation.
    (2) Your 'Receive Date (RD)' (not what is on your receipt, but 'true' RD by a center which is on or close to Notice Date) is within published dates for current processing status (suggesting that your case has been preadjudicated)
    (3) Your PD is quite high in relation to monthly visa bulletins

    Best...



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  • EB3_SEP04
    05-29 02:10 AM
    Kavya Shivshankar won the spelling bee 2009

    http://www.cnn.com/2009/US/05/28/national.spelling.bee/

    I watched the entire fiinal. Apart from kavya my favorites were Kyle Mou and Tim ruiter. This was Kyle's last chance, but I hope Tim wins next year.

    Just thinking aloud : Out of 11 finalist 8 were kids of immigrant parents (7 of them indian). is it just co-incidence ?

    I hope after watching this, americans should now have no doubts that imiigrants are here not because they work for less but because they are good at what they do and they are hard working people.





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  • DSLStart
    09-05 01:20 PM
    Recently I returned after a one month trip to India. At DC airport the CBP secondary inspection officer grilled us rough. First he called my wife and asked why did we leave US. She told that since my parents are old and not in good health we visited them. Then he started asking for documents proving it. And told us that without documents he won't let us enter. He went on to say that AP is only on humanitarian basis and unless CBP officer is satisfied with proof they cannot allow AP holder to enter. Finally after convincing him for another 30 min he let us in.
    This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.



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  • pankaj_n
    04-20 09:00 AM
    Hi Pankaj,
    Was your case rejected due to the number of years of education (10+2+3+2 = 17)?

    What if it is 3 + 3 ( 3 year Bsc Physics + 3 Year MCA) 10 + 2+3+3 = 18? I am wondering if USCIS would consider this equivalent to US masters? Came across a memo used by Nebraska Service center that says USCIS would consider 3+3 equivalent to US masters, but that memo was from 2006.

    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.





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  • floridasun
    01-01 05:35 PM
    Follow this with the Rocky song:
    YouTube - Survivor - Rocky- Eye of the Tiger (http://www.youtube.com/watch?v=nS4giqtbRBM)

    of course don't forget to read the books on Dalai lama and Gandhi

    Like I said in the last post, I did have a blast partying new year's eve and did not annoy my frds nor my brain with any of this $hit. Thanks jumanji and tonyHK12 for starting this new year with very inspiring and genuine quotes from Rocky.

    There are two forces: fate and human effort - All men depend on and are bound by these, there is nothing else.
    -- Krpa (The Book of the Sleeping Warriors)

    I pray to God and beg Him to help me with my fate !



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  • aadimanav
    07-17 07:58 PM
    Thanks aadimanav,

    I have emailed & faxed Rep. Henry Waxman, CA 30th District
    Also 2 legislators here - Senator Sheila Kuehl and Senator Mark Ridley Thomas

    Come on Peeple. The time is NOW.

    In title you mentioned "los angeles" but you havne't sent to Senators from CA.





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  • gc_maine2
    04-26 09:32 AM
    Great Job WP and Core Team!!!!. Now the Non _contributing members who are still doutbing the IV Org, should come forward open up their wallets, everybit counts please cotribute, I will be sending my 3rd contribution.



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  • akhilmahajan
    08-15 10:55 AM
    Thanks for adding the poll.

    GO IV GO.





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  • Macaca
    06-17 10:30 AM
    As of May 2007, USCIS reported a staggering 329,160 FBI name check cases pending, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year.

    While the percentages of long-pending cases compared to last year are similar, the absolute numbers have increased. There are now 93,358 more cases pending the name check than last year. Perhaps most disturbing, there are 31,144 FBI name check cases pending more than 33 months as compared to 21,570 last year – over a 44 percent increase in the number of cases pending more than 33 months. (page 37)
    The backlog appears likely to get worse, because a USCIS fee increase -- slated to take effect in July -- has prompted a 50 percent rise in new naturalization applications so far this year. If a new immigration bill is enacted, millions of undocumented immigrants would also apply for legalization. (Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))


    Currently, USCIS has limited capability to produce reports detailing the status of long-pending FBI name check cases. In addition, USCIS systems do not automatically indicate when a delayed name check is complete and the case can be adjudicated. Often, this leads to a situation where the validity of other checks expire before USCIS reviews the case. Those other checks then need to be reinitiated, adding financial and time costs for applicants and USCIS. The Ombudsman fully supports the expeditious rollout of the BCS system. (page 43)
    the bureau since 2001 has intensified the scrutiny of immigrants with high-technology backgrounds. (Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))



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  • h1bmajdoor
    10-07 07:15 PM
    will be there.





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  • a1b2c3
    09-29 04:41 PM
    Guess What from NOV - 08 to July 09, the VB will have older Cut off dates and after July 09 DOS will open the flood gate and move the cutoff of to 2007 or even 2008.

    USCIS will start approve the cases with later PD's and the leave the older PD's on the air.

    It is a mess. I don't have any trust in USCIS

    There are 3 work categories,
    at least 3 queues each for three stages.
    the first queue had at one time, rir, regular and then bec, perm added to the mix.
    EB portings.
    07/07 havoc
    name check delays.

    a single queue at the end.

    bottomline, PD monthly graph is arbitrary.
    if your PD remains current for at least three months in a row and everything else is clear, there is good chance you are out of the pipeline.



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  • micofrost
    05-06 07:44 PM
    Guys!!!

    No point in showing frustration. Its not our birth right. We all were well educated before we came in here. Situation changes. And system makes an adjustment. Dont blame your country( I am also from India), for no one asked us to move out. There are so many nice positions available to work for. More than 80% of us found here a better oppurtunity, because there were no competition at all in getting jobs. 1st come 1st serve.

    So do not complain. They do not have any urgency to hand us over the GCs. We can only request them to do the needful on the basis of our sorry state of affairs. Again, we are still at their mecrcy.

    So stop complaining. Either wait and support IV or boot out.





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  • rpatel
    05-11 03:33 PM
    http://www.nytimes.com/2006/05/11/washington/11cnd-immig.html

    Senate Leaders Expect Immigration Bill Next Week
    Sign In to E-Mail This Print Reprints Save

    By DAVID STOUT
    Published: May 11, 2006
    WASHINGTON, May 11 � Senate leaders said today that they had broken a political stalemate and would bring to the floor next week an immigration bill that could put millions of illegals on the road to eventual American citizenship.



    Its a positive developement indeed but looking at the tone of both, Reid and Frist it seems their primary motivation is to "show" that they are not sitting on the issue but doing "something"...in other words a genuine concern for the plights of immigrant in waiting (both legal and illegal) doesn't seem to be the driving force but rather both parties are looking for bragging rights on the issue come november elections.....

    Any ways I guess being positive would be the best approach for us...who cares what the law maker's real motivation is aslong as we get a legislation that's favorable to us...Njoy



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  • pappu
    01-30 07:12 AM
    /\/\/\





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  • flipflop
    12-11 08:47 PM
    It is not I, who decides it on what to do. It is always the opinion of majority members.

    You didn't get me. If the majority members say lets do all of them, which ones you think you will be able to do?





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  • franklin
    08-22 03:09 PM
    My understanding was that once the 485 is filed, you go by RD. It doesn't matter what your PD is...

    Does anyone know what the legislation is?

    It DOES matter what your PD is. USCIS apparently does process FIFO according to your Receipt date - BUT ONLY IF YOUR PRIORITY DATE IS CURRENT will you get a visa number assigned (i.e. approval of said greencard).

    I say guestimate, because in reality - its all speculation, because not even USCIS knows how many current applications they have. I'd have to say it is more like 1 million pending applications.

    Don't assume that your PD being "old" helping at all. Let's play a quick hypothetical game...

    Picking some numbers (and I think I'm being REALLY conservative here). Say there are 40k EB applicants from India a year.
    Let's even say that 10K of them are EB3 (inc dependents). EB3 India PD as of April this year was May 2001.

    So... a PD of 05 means that there are 40k EB3 India applicants in front of you. That alone, and not including EB1 and EB2 that come before EB3 category, is about 4 years quota of greencards.


    I'm ROW, EB3, PD 2004 and AOS was filed June 2007 (I got stuck at BEC for sometime) - my situation is comparatively ROSY compared to other nationalities with a similar PD - but I anticipate that I'LL be lucky to wait 3 more years. You can bet if ROW with early 04 will take about that time, India will take YEARS longer.

    And that is why I'm here, telling everyone to stand up and go to DC.

    Without significant change, it will be a LONG LONG wait still, despite the security of AOS being filed. Can you wait 3 years longer for a decent promotion, or change of career? How about 5, 7 or 10 years? I can't - so I'm flying 3000 miles to be in DC :)





    a.j.2048
    02-15 07:17 PM
    yea i hope USCIS completely cleanses the system and gets things back to the way it was pre - 2000


    except for mayb 5% of the bodyshoppers ( i could be wrong as i'm not frm IT , have friends who tell me etc) rest all 95% commit fraud to some degree or the other

    they need to be weeded out

    Look, the H1 quota was not sufficient even when it was set at 115,000 pre-2000. It was only when it was set to 195,000 in 2001 that the quota exceeded demand. Now thanks to the report by USCIS last year, we know that about 20% of the H applications had fraud or technical violations. Even if you assume that the USCIS does a perfect job and catches this 20%, the quota that will be freed up won't be enough for the rest of the applicants.

    The issues we face have less to do with fraud and more to do with the anti-immigration forces who dislike the 1965 immigration law. Claiming fraud, cheap labor, harm to the environment from increased population are just convenient means to couch opposition to permanent immigration in.





    getgreensoon1
    05-06 09:33 AM
    Come on.. we are not talking about hiring.. No company is waiting in line to hire anybody coming out from Aspen University with Masters Degree.

    What we are talking here is whether One holding 3 yr bachelors Degree from India be eligible to apply under EB-2 category after completing Masters Degree from an accredited university.

    If the PERM Job description says " Masters Degree"

    GO home and stand in front of a mirror and ask yourself if your 3 year degree and a masters bought for 4k will get you a greencard in eb2.



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