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  • eb3retro
    01-13 11:10 AM
    just came back from india via frankfurt using AP. no h1b in passport. no questions asked, no one even verified AP. so, i can confirm that, i just came back 10 days ago. hope this helps. Took lufthansa.





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  • spindoctor
    07-19 08:22 PM
    She may not get a visitor's visa. Visitor's visa requires non-immigration intent, just like F-1. In your case, there is a very clear intent to immigrate, which may disqualify her from getting a visitor's visa.

    OK guys, here is what I think. Being in US on a visitor visa, and then applying for an I-485 does seem like a violation of visa terms, but the other way round seem to be fine. I mean she can apply for an I-485 first in India, and then apply for a visitor visa later while her I-485 application is pending. While applying for a visitor visa she just has to honestly tell the consulate officer that her I-485 is pending and there should be no problems.

    If this is not so, then it means that all those who have filed I-485 in their home countries through consular processing route are in effect barred from entering US till some decision is taken on their application. This sounds bizarre. Does not make sense. What do you say?





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  • naveenkprasadam
    04-13 12:31 PM
    I am new to this community and have been watching some other forums online, but I am glad we have one dedicated for EB immigration. Way to go Immigration Voice!!!

    Now, before anyone jumps at me, I promise to contribute for IV's efforts and donate for the various projects in a couple days.


    The reason I am posting this is because I saw various threads with various ideas to gain visibility and make out cause known to all. I saw thready ranging from writing to senators to sending a 1 cent check everyday to sending a voided check for a big amount. Other notable ideas include sending flowers, calling senators, FOIA campaign, writing to the Obama administration, etc. While I agree that each of these actions contribute small drops to the ocean, I honestly think we should think BIG!!


    I have analyzed EB Immigration considerably and here are my thoughts -

    Anti-Immigrants, especially the ones against EB Immigration feel that we take away their jobs. However our defense against that is there's aren't that many skilled immigrants for certain skill set and hence we fill that void and keep corporate America competitive. However a lot of us argue that we who are waiting in line for our potential Green Cards pay our taxes and aide by the law, etc. All valid arguments. However, that doesn't make us any different than the majority of the 90% workforce that is employed. They all pay taxes too.

    I have seen other ideas being floated around where they said "Buy a house, get a green card." Now, two issues with this - How many of us potential immigrants have 250 grand to invest in a house? I don't and can perhaps pay 5-10% down payment on a house. But if I lose my job, then I will be forced to default too and that doesn't help the economy. Also, there are more than 10 million homes in foreclosure and even hypothetically, let's say we will buy a house on a mortgage at 10% down. There are, say 1 million immigrants in waiting including dependents. And we buy 500,000 homes. That is a small dent in the entire real estate economy. Won't make a significant difference. Secondly, the current mess we are in was caused by the "sub prime" mortgage loans. If you know what "sub prime" means, then you probably know the areas where these houses were purchased. Have you seen the neighborhoods or the areas where these houses are foreclosed? A majority of us won't even drive through there, leave alone buying houses there. So obviously, us buying homes is not going to solve this economic mess. If you still insist, then you perhaps need to take a class on economics 101.

    OK, say why am I saying all this? Well, for one, while its great that we put our brains to work to help solve the economic crisis, since a good economy has a knock on effect on immigration, but we can't come up with ordinary ideas. These are extraordinary times and we need extraordinary ideas. We need to think out of the box. I appreciate the efforts of IV with the FOIA drive, but here's my question with that - Besides knowing how long the wait is going to be to get our GC based on the information from USCIS, what other purpose is the FOIA going to solve? Probably not much. But I do agree that having those numbers helps us in identifying where we need to focus our lobbying efforts. If we know the bottleneck is EB2-EB3 spillover, we can work on that with USCIS.

    Someone mentioned in another thread where we all need to concentrate on one effort rather than be divided in multiple efforts. And I think it was suggested that we focus on visa numbers recapturing. I think its a great idea. However, please be aware that in the context of CIR, EB immigration is a small drop. And hence any lobbying to increase/recapture visa numbers need to be done with the FB immigration. EB and FB together can lobby for the recapture visa numbers project and might achieve considerable success.

    If we as EB immigrants need to make our voice known, we need to take a leaf out of the President's book, from his campaign. He started a grass roots level campaign and look at where that has led him to!! So here is my suggestion for a project that will highlight our cause and lead some of the anti- EB Immigration Aholes to shut up their various holes.

    I am assuming we have around 500K immigrants in waiting. Let's say there are 250K primary applicants. The goal is we try to get an email database of as many potential immigrants we can. Next we start an email campaign highlighting a story of an immigrant family or a news article against immigration or lobbying by anti immigrant groups or lack of visibility in ongoing discussions on CIR. At the bottom of each email, we have a donate button that takes the person to IV's donation page/paypal, whatever it might be. We start with a minimum of $50 and go upwards to $500. The goal is if we have atleast, say 100,000 potential immigrants to contribute a min of $50, then if my calculations are in order, that is about $5 Millions. We might have more depending on how many more people contribute and how much more than the min $50 that people contribute. But the baseline collection would be about $5 Million. OK, so what do we with that money? Well, the biggest skill set for us EB immigrants are our education. We have a minimum of a bachelors degree and have a penchant for being well educated. That is the weakness in the American education system - Education. We say thousands of high school dropouts. Thousands of college drop outs. The Obama administration has clearly said they need to invest in America's future. And hence they have a big ambitious spending on fixing the educational system. I know that as non permanent residents or citizens, we are not allowed to contribute to any politicians. However, we can donate money to the state or to a charity organization. What I suggest is we collect this money and send it to the first lady, Michelle Obama and have her send this to a non profit community project for education on our behalf. This will bring a lot of attention because we as EB immigrants are saying, we want to contribute to better the educational system if given a chance so that the future American generations don't become prey to the 21st century American competitiveness like outsourcing and H Visas and stuff.

    This might seem like a small drop in the ocean, but it is definitely a bright one!! And don't tell me it can't be done. It sure can be done. There was someone who already did this at the grassroots level, and his name is Barack Obama!!!

    I am willing to talk to the IV Core team to discuss if needed.

    Idea is too good.If we can make it work this is one of the best idea to get the attention of the administration.





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  • enggr
    09-26 02:37 AM
    I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.

    Country: India
    Date of Joining with current employer : Jan 2006.
    PERM Filing/ Approval Date: Aug 2006.
    I-485/ EAD filing Date: July 2007.
    I-140 RFE received date: Sep 2007.

    The RFE reads as follows.

    ---------------------------------------
    "Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
    If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
    ---------------------------------------

    This is my history.

    I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
    I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
    But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.

    I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
    I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.

    The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.

    Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.

    My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.

    I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.

    Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?

    Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow



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  • amsgc
    08-06 10:04 PM
    If you read the comments, this guy's application reached the USCIS on July 27.

    http://www..com/member/anshu2007/





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  • abhijitp
    07-10 09:39 AM
    have already done programs/ articles taking an issue with his reporting. We can write to them explaining how he is spreading false info.
    I dont think we should mention his name in a peaceful rally.



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  • GC08
    07-07 08:39 PM
    Glad that it caught some attention. However, from what I heard, it was not deep enough. Only a detailed replay of the event and other related issues can give people a real understanding how serious the problem is.





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  • chansek
    07-23 07:40 PM
    Hi,

    Self E Filed Travel Document I-131 for my wife, I forgot to fill the Class of Admission field as H4 and submitted the application. Got the SRC Receipt number.

    Please let me know any one in the same situation and advise what are the options do i have.

    Thanks,
    chansek.



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  • pd_recapturing
    06-19 03:21 PM
    What if you apply 485 on your own and then, employer fires you just because, you did not abide by his rule. What would happen in that case ? I guess, in most of the cases where employer is creating problem with 485 filing, ppl might not be wanting to go on their own due to above mentioned problem.





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  • akhilmahajan
    07-10 10:25 AM
    There has to be some other way. LOU DOBB is not the only program for CNN which gets them ratings.

    I guess we need to explore ways.



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  • qualified_trash
    05-26 10:02 AM
    Jaime,

    It is easier for you to go to India if your company sends you there on an expat assignment. As the pool of available labor is very high, it is IMHO very difficult for you to go independently. You can also try to google for agencies that recruit people for specific skills etc that maybe in short supply in your specific industry. I am not sure what your skills are (IT, Sales, Marketing or Engineering etc). More information would let people give you better pointers.





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  • sbeyyala
    05-22 03:44 PM
    I guess this bill passage is a trigger to all skilled workers to do the following.

    Option-1: Become Illegal and get a Z visa.

    Options-2: Go back to home land and live with dignity and peace of mind. (This is the option I would take). I am thankfully to the congress for helping me to make a decision, rather then wait for life time.

    Options-3: Re-apply in merit based system and wait in line for 4 to 5 years, until some other similar bill comes and says you to restart again in some other system.



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  • Ram_C
    11-19 01:43 PM
    I am sorry to hear that USCIS has messed up your FP appointment.

    When (what date) did you get a notice from NSC saying that your I-485 is now transferred into NSC and now pending from processing?

    I never received a transfer notice from NSC, however my wife received a transfer notice long back (some time in Sep')





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  • madhu345
    05-22 03:59 PM
    Very sad to see this coming from the Core Member...Are we losing hope here, is that the game plan are we looking after putting tremondous effort for all these years?

    Here is what you do if the bill passes without amendments:

    Get some sun-tan. Wear a baseball cap. Put in jeans with oil stains and bad quality collarless t-shirt. Grow an untrimmed mustache. Lose the dress shoes and wear cheap jogging shoes.

    Go to the nearest USCIS office (after this bill passes) and say that you have been working off-books illegally at a nearby restaurant since 5 years and now you would like to apply for Z visa.

    They will give you a probationary that will work like an EAD card (maybe better quality than EAD with it being tamper proof and wear proof). In the meantime, once the borders are closed and certain benchmarks are met, you will get Z visa with Advanced parole to replace your probationary card. With that advanced parole you can travel outside and come back in guaranteed (Guaranteed return due to AP). When outside you can file for GC, visit your parents and relatives, spend a few days in vacation and come back with full freedom to work anywhere without LCA restrictions and enjoy the Z visa that you can renew on your own (no need for employer sponsor).

    They will give GC to all Z visa applicants within 5 years thru supplemental increase in GC (based on survey done by DHS). The annual cap will be total Z visa holders divided by 20%. If there are 11 million illegals who end up getting Z visa, the annual cap will be 2.2 million.

    That 2.2 million beats the hell out of the 140,000 we have today for legal skilled immigrants or the 90,000 we will have with this new bill.

    Advantages:

    1. No need to comply to speciality occupation. Work in any line of work.
    2. No need to get labor cert for GC.
    3. No need to depend on employer for temp visas like H1B and GC sponsorship.
    4. More travel flexibility due to advanced parole that comes with Z visa.



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  • kaisersose
    06-05 01:32 PM
    I am curious to know the Answer

    Since the H-1 will be cancelled by the previous employer, the answer is No.





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  • meridiani.planum
    06-05 04:01 AM
    EB2 India will move very fast till 01 JAN 06 as because based on June 2007 bulletin, just before the july fiasco,( http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html ) the PD for China is 01 JAN 06. That means in EB2 Category except India and China every other country is current. So till India reaches 01 JAN 06 PD in EB2, all the spill overs will be moved to EB2 India. By the time India EB2 reaches 01 JAN 06, China PD in EB2 will move further from 01 JAN 06 by using its 7% quota. So Inidia PD for EB2 again moves fast till that changed China PD using the spill overs. After that India and China will share the spill overs based on the PD priority. All this happens if and only if the USCIS works effectively and uses all the available visa numbers for the present fiscal year. My prediction for EB2 India PD is it touch 2005 /even cross few months in 2005 by the end of this year if USCIS works effectively.

    July 07 was a very special case. Throughout the year the USCIS had not issues many visa's, and per the ombudsmans report in May they were going so slow that they would relaly have to scramble if they dont waste tons of visas.
    They year by all reports they are using up visa numbers at a quick pace. WHy do you think they will jump all the way to 2006?

    Just getting spillover is not enough, if the total demand for visa's is high. Case in point is EB3-ROW which technically has almost no limits, yet languishes in a retrogressed state because the total number of visa's (140k) is too low and however you divvy them up people are going to end up waiting...



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  • kumarc123
    07-08 01:16 PM
    Hello All,
    I suggested this in my last two posts and I am suggesting this again. Emails , faxes to Rep will not create visibility of the problem. What we need to do is, do something big, like a DC rally again. One of the benefits behind doing this will be, everyone in this country i has their eyes on DC for presidential elections. Hence more visibility for us.


    Secondly the topic of these three bills is hot, if we don't do anything now, it will turn cold, and then will be forgotten.


    What we really need is a huge volume of high skilled workers in DC, not just a handful. Please let us all get together in DC again and push for these bills. We will get a lot of visibility. How about sending flowers to congress members?


    Please let us all act on it!!
    All EAD suckers! Wake up ! We need your help, Help us to help you and your future!





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  • h1techSlave
    11-30 05:35 PM
    I never said 80,000 FB visas are reserved for EB. Then those numbers would not be called as FB visas, would they?

    Any way, if you look at the statistics (page 52, http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf), USCIS has not fully utilized all available EB visas for 12 years out of the 15 years. Hence I said, USCIS is THE bottleneck. For the 3 years (out of the total of 15 years), unavailability of visa numbers is THE issue. But for the majority of the years, lack of visa numbers is NOT the issue.

    I asked you for the proof that 80,000 FBs are reserved for EB immigrants ( or somehow available !). You did not show me any !





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  • sri1309
    04-23 11:06 AM
    Wrote to them once again.. Keep writing..





    amalshe
    07-26 04:53 PM
    Can anyone access the link?





    danila
    07-31 10:24 AM
    The online case status reflects the notice dates and not the actual received dates....These are the dates the cases were entered into USCIS's systems...

    I believe it's not the notice date. My notice date is one day after the date from their website. Most likely it's that date when they entered the case into the system.



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