Thursday, June 16, 2011

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  • Edison99
    08-23 11:50 AM
    Thanks for the great suggestions!

    When I was trying to file in EB-2, this was the first question that I asked me lawyer -- No matter what, I do not want to get my pending EB-3 case to get in trouble. His answer was -- These two are going to be totally isolated cases. A person can have multiple pending green card applications. Heck, one can have one application in EB category and the second one in FB category. Having two cases together in EB category is fine and the outcome of EB-2 case at any stage would not effect EB-3 case at all. (Again, if USCIS finds that you are in some sort of fraud then it is all together a different case).

    What you should not do (coming from lawyer) is do not file two sets of I-485. That is going to screw up your case.

    Another suggestion that lawyer gave me and I did not follow is -- Let us say your EB-3 I-140 is pending and you and your wife have EAD and AP. When you start a new EB-2 process, during the I-140 stage, take CP route (Counselor Processing). This is best of both the worlds. You have EAD and AP from EB-3 petition and you are requesting for CP for your EB-2 application. As soon as your dates become current, you will be notified to go to your home country US embassy. Go there with family, get everything done and come back to the US with GC. If S*H*I*T happens there (Which is rate), come back with AP (derived from EB-3 application) and you are back to where you were. By doing this, you just eliminated two things -

    1. Interfile is a tricky process. If you could avoid it, avoid it.
    2. When dates become current, US embassy would surely look in your case. That process is far better than USCIS + I-485.

    Negative point of this route is - you need to make a trip to your home country on a short notice.

    Once again, good luck to you all. Just, do not do anything illegal to get GC. Do whatever is permissible under the law and do not even believe your lawyer. Do your own homework.





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  • n_2006
    05-22 03:53 PM
    Its funny that we tried so hard to stay legal. Now we trying very hard to find out ways to become illegal.





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  • Sheila Danzig
    12-04 10:49 AM
    EB2 cannot combine education or work experience. It must show a single source degree.

    Note the following information from the 2006 annual conference of the American Immigration Lawyers Association (AILA) in San Antonio, Texas. "For employment-based immigrant visa purposes (aka green card), the U.S. Citizenship and Immigration Services (USCIS) will not equate a three-year diploma plus a post-baccalaureate diploma as being the equivalent of a U.S. Bachelor's Degree for either EB-2 or EB-3 classification. Additionally, the USCIS does not accept a combination of academic background and work experience as being the equivalent of a U.S. Bachelor's Degree for "green card" purposes"

    This can be done for EB3 IF it was stated on the labor certificate.



    Santa,

    Thanks for your response.
    Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree

    H1Girl,

    Thanks for your response.

    Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.





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  • ckarri
    07-02 04:08 PM
    lawyer fee $1000
    medical $600(for both of us)
    INS fee $1490
    Photos+Fedex charges +DOB Affidavits= $200
    TOTAL $2290



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  • bkarnik
    04-10 03:26 PM
    Friends:

    I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)

    I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).

    "The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."

    Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.

    If I am way off base on this, then brickbats are also welcome.





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  • gimme_GC2006
    08-21 11:14 AM
    Let me gather all the info first and I can disclose everything here. Meanwhile please come up with any other suggestions if any.

    Are you planning to take action against attorney as well?
    Even though it may not be illegal for him to not to respond to you, but it clearly proves that attorney is aware, that your life is being screwed by not filing 485.

    I am sure there exists some ethical responsbilities for them too, Did you check with the Bar association helpdesk (or anyone there) where your attorney is registered?

    Also, please post attorney's details also whenever you think its time to disclose

    :cool:



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  • avi101
    04-03 10:53 AM
    Faxed.





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  • mmj
    04-19 06:38 PM
    Thanks for doing this. I would suggest you to collect more data with real life stories and create a template, post it here. Then everyone can send the same to senator and white house. Anyway thanks for your work


    I'm done. I posted whatever I had on WhiteHouse.gov and wrote to my Senator. I think the strength is in numbers - so the effectiveness of this depends on the number of people that write in - Even if people dont include their personal stories, just the fact that you will include your address when you write to your senator makes it personal. Just my 2 cents!!!



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  • alisa
    03-24 10:52 AM
    Anyone from Wisconsin?
    Please PM me. We have a state chapter, and we need people to cover different congressional districts of Wisconsin





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  • Openarms
    06-05 03:57 PM
    Thanks KS !! but is it a law or did they create their own rules ? I know I am day dreaming here ...but if they were to push (the worst category) EB3 - I in this case so that it is somewhere in 2003 then it would make their system look better ..i.e. instead of giving people a chance to say that USCIS is broken they could say ..people will get GC's in 4 -5 years time. (whereas now people can say ..you have to wait for 8 years to get a GC).
    which brings me to another point ..maybe we (atleast EB3 - I, EB2 - I and others affected) should send emails to their countries newspaper about these long queues .. at the least ..it would help some to make a decision on whether to go through this stupid process after wasting 10 - 12 K

    Guys! is there any action item for IV regarding in this "Worst Effected Category EB3-India"?
    Let us make some effort here, how we can help this category? Yeah! we all know fund drive first thing.



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  • mhb
    07-06 06:19 PM
    just been informed that the newscast is going is to happen tommorow. apparently there was some "breaking" news!! guys make sure you tune in tomorrow!!
    try calling CARL SEARS he is the guy who puts up these newscast.





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  • rimco99
    07-10 09:03 AM
    What if we used so much of our time and energy in finding jobs in India/China and moving back, instead of going after media/govt? :confused:

    Some of us have spent $35-40 on sending flowers, if we gave a internet job board that kind of money to send our resumes to prospective employers and headhunters in India, we may have a chance in finding a job in the emerging economy of India/China.. that will be THE biggest impact on US Govt... To add to my opinion, I would like to direct your attention to Microsoft... They didn't waste their resources on fighting the media, govt.. they just moved to Canada.. And believe me, there will be more such instances...

    Agreed totally. Indian economy is booming and will last for another 5 to 10 years. Waiting for green card will make you lose out both the Indian opportunity as well as the "so called" American dream. People with decent experience are making good money and nothing better than living closer to friends and relatives.



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  • lazycis
    02-11 04:17 PM
    It looks like NC was completed. "Requirement review" means that they are trying to determine whether your marriage is still valid after all these years... Do not take it close to your heart, I found out that the USCIS letters are not very credible.





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  • chakdepatte
    08-05 02:38 PM
    NSC: July 2nd 2008

    Received Paper Receipts: July 08th 2008

    EAD Card Ordered Aug 05th 2008



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  • Macaca
    09-01 10:02 PM
    Are you sure about this? That sucks! I always thought you were eligible for SS after you accrue 40 points....basically you get 4 points for every year of work. If you look at your SS report that's sent out before your b'day you will see the points you have accrued.

    I thought 40 points was the only requisite; wasn't aware that you had to be a US citizen. Can you please verify this information?

    This is my understanding. I started following it in past 2 months. It requires more research. There are articles in News Article Thread.

    This remark was made to a person at SJ rally by a bystanding Amercan. (mentioned in SJ Rally thread)

    Sessions has also proposed that H1B/GC should not get Earned Income Credit. I dont know all details.





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  • akhilmahajan
    06-19 10:54 AM
    Could you please share the letter? I am also looking for a sample format.

    Thanks

    I just sent you a PM also.



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  • chtting2me
    10-09 06:47 PM
    Hi,

    I filed I485 and my I140 got cleared. My employer is not willing to give my Approved I140. I am not sure why he is holding my I140. I dont have have any idea to change job at this time.


    I am working with everest technologies there web site address is www.everesttechinc.com.

    I hope this is the right place to share over view and ideas thats the reason i am posting my questions here.

    1) Do we really required I140
    2) Is any one here working with everest technologies who is having same problem.





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  • 24fps
    02-21 01:46 AM
    This does sound strange, do you know what was the reason for this officer's visit to your employer two months back? also, i would suggest make sure all your paper work is fine, I mean LCA etc. indicating your correct place of work and right wages.

    first of all make sure it was a genuine call

    call USCIS back and find out if there is a visit scheduled for your house

    also be carefull, check all credentials of whoever wants to come to your house

    economy is bad, recession is in ,the crime rate is going to get bad, especially against immigrants etc

    ps also i would second the visit at your office place instead and if need be , in the presence of a lawyer





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  • learning01
    03-17 08:02 AM
    What's is Frist's motive in trying to trip the McCain - Kennedy or Specter's Markup? What's his point?
    Looks like in Congress, each senior senator is a leader of his own and don't tolerate or cannot see eye to eye on more serious work of fellow senators or congressman. The idea is to trip the whole effort to treat illegal immigrants as humans. In Frist and its ilk's opinion, they want the services of illegal (and legal) immigrants, but this great country doesn't want to give any benefits to the illegal aliens in return. It's is so farcical, only the feudal minded Frists' can do it. Many in this country want 'closure' for this and 'closure' for that, but they deny all relief to these illegal aliens. Our goal of relief from retrogression and to increase visa numbers is unfortunately tied to such 'comprehensive bills'.

    I want users of this forum to think about it, ruminate on it and write letters to law makers, newspapers etc.

    http://www.nytimes.com/2006/03/17/politics/17immig.html?_r=1&oref=login

    As Senators Debate Immigration Bill, Frist Offers His Own

    WASHINGTON, March 16 � Senator Bill Frist, the Republican leader, introduced a stringent border security bill on Thursday, rejecting pleas from senators in his own party who appealed for more time to ..





    karthiknv143
    05-15 12:30 AM
    I think this has a better chance than rest of other EB bills, because US wants more skilled persons and by defintion advanced degree holders from US in STEM are. Congress extended 20,000 H1 visa for US masters and PhD graduates some years ago whereas they were and are loathe to extend the total H1 numbers.
    Going by this logic, I think this bill will go farther and gain traction. Lets's keep our fingers crossed.:)

    In one stroke, this bill helps both a) US advanced degree graduates and b)non US graduates (i.e, EB applicants), as 1) it puts EB1 and EB2 in non quota category (I,C,P,M and ROW) and 2) frees up EB1 and EB2 numbers for EB3.

    my 2 cents.

    How many ever bills get introduced or hearings happen, there is the CHC which is blocking everything. Lets start a email/fax/phone campaign...





    lazycis
    01-26 06:26 PM
    You are welcome. I doubt the company will alter the offer letter, but I would ask for it. Anyway, no court will let an employer to force an employee to reimburse for hypothetical training for which no upfront costs are defined. Moreover, the clause does say "prior to the Company’s receipt of the benefits of such training and education". So you may very well argue that company received benefits in return. The clause is designed to put fear in you, but it's not enforceable in court. The employer will be in a big trouble if you complain to DOL. And if you have no choice, sign it.



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