Thursday, June 16, 2011

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  • aparnak
    04-01 08:07 PM
    Fax 11 sent





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  • aroranuj
    04-15 08:57 PM
    Hello All,

    I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.

    "A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.

    Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.

    However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"

    Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.





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  • gc4me
    12-04 09:57 AM
    I called to (800) 375 – 5283. I really forgot the combination code. I was trying to reach a human. And he asked my I-485 receipt #.

    gc4me can you please send me the phone number and combination of codes so that I can get them to send my FP notice, i am July 2nd filer as well.





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  • mmj
    04-19 04:21 PM
    Why not to use that very same ID you have been using for 2 years to post this one also? That way others will know you have been a member and also contributed in the past. No confusion and peace.

    Man - U guys love to quibble about stupid things rather than focus on the big picture. All my thread says is - I'm doing X .... Please consider doing it as well if you think it is worth your while ... Thats it - Nothing more - nothing less. And here we're having a discussion about how long I've been a member of IV and yada yada yada ...



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  • mpadapa
    02-11 09:23 AM
    DOS recently released the visa usage statistics for FY 2008 (http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf). For once USCIS managed to use up all the visas allocated for the year. Kudos to USCIS :D But it comes with a price for EB folks. For the past few years, forward movement of PD during the last months of the FY has been propelled due to the spillover of unused FB visa's from prior year. Remember last year almost 23k FB visas got spilled over to the EB limit and caused significant forward movement of PD's for EB2 I/C. Unfortunately in 2008 USCIS used up all of the FB visa's, hence there will be no visa's to spillover:mad: I had consolidated the visa usages in the past few years, Here is a link to the document (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en). The document has hyper link to the source for all the data.

    If you are EB3 I/C and wondering why dates didn't move in 2008. Here is the answer,
    EB3-C and EB3-I got 1,985 and 3,576 visa's respectively. With such kind of visa allocation there is no doubt about why the dates aren't moving.

    If you are EB2 I/C and dreaming that somehow the new spillover would take care of things. You might be pleasantly surprised by the usage of EB1 and EB2-ROW in 2008. Last year many were dreaming that all of the 23K FB visa's would directly go to EB2-I/C but the data shows otherwise. EB2-C and EB-I got 6,967 and 14,819 visa's respectively for the entire 2008. If all the 23K visa's were used by EB2-I/C then their respective numbers would have been much higher.

    Bottom line: Without significant change in the EB limit through recapture or increase in EB limit. The forward movement of PD will be a trickle atleast for the rest of the year. We can pray and do whatever before every bulletins, but the numbers cannot lie and hence the bulletins would be a disappointment (for many) until we grasp the reality.

    Let us get our acts together and start working together towards some constructive actions like a bill or an amendment. Let us have a healthy debate on what needs to be done.





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  • blacktongue
    10-29 09:58 AM
    Has anyone polled to see if it is everyone or only EB2 case, any service center, country.



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  • angelfire76
    01-03 02:31 PM
    yes..agreed. But you are forgeting all the new EAD's (H4's) who will be part of the mix.

    You have to compete with H4s on EAD (I might be generalizing here so apologies to anyone offended) you've got more serious issues than you have foreseen.

    EAD is not a ticket to a high-paying job requiring a certain level of skill.
    I feel this thread is going the way of a Programmer's guild forum in that "Now that I'm in the door, stop the offshoring" :D





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  • chanduv23
    04-14 03:55 PM
    My I-140 was denied incorrectly , as a result my I-485 was denied.
    The USCIS is claiming that the I-140 Petition was filed without a certified PERM application. This is absolutely incorrect. The original certified PERM application was filed with the I-140 Petition. I have a photocopy of the original PERM application.

    My lawyer filed MTR for both I140 and I485 6weeks ago.I received receipt notices for both I290B.

    I was working on my H1B till last week, but was laid off last week and I am searching for job.No one is offering job on H1B.I send a letter to coressman explaining my situation.

    Can I use my EAD?-----My Lawyer says my EAD is invalid.

    You may start looking for a job and as it is already 6 weeks past MTR filing, you may get a decision soon.

    Working or not working on EAD is an ambigious call. Some lawyers say you can some say you cannot. If you already exhausted 6 years on h1b and if there is such a rule then your h1b is also considered in the same way as your EAD?



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  • superdude
    10-11 06:19 PM
    Read the message clearly before posting. He already mentioned that she could not win the H1B lottery.
    If she has a PHD in CSE she should look for a job get H1 and file Green Card in EB1 all off this can be done in 6 months! What's holding you back???? :)





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  • srini1976
    07-06 03:31 PM
    Thanks IV & Dr Bahrainwala for your efforts.
    Go IV GO !!!!!!!!!



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  • nlssubbu
    05-12 12:04 PM
    - How has greencard changed your life after receiving it?
    GC arrival does change the life little bit. My frequent anxiety regarding various renewals like EAD, AP, H1/H4 vanished along with the tons of documentation that I have to do for those. I was struck to my current job during this process and continued the same way even after GC, but I am about change that soon. GC now provides me the ability to compete with others in the open market and provide me the confidence.
    - What did you do on the day you received it?
    I just went to the Temple and thank God for finally receiving it during my life time!
    - How did the long wait upset your life?
    More than me, it upsets my wife a lot. This does take a toll on her as she is confined to home and occasional voluntary services. She is now vigorously pursuing for a job in this down market and finding it difficult to compete with others, who have recent US job experience.
    - How did immigrationvoice help you during this long wait?
    IV helped to be better informed about various processes, procedures. This also helped me to deal with the attorneys directly by-passing the paralegals, who have little knowledge and to get the attorney�s much needed attention to my cases.
    - Would you like to continue your support to immigration voice and help others waiting?
    Yes. I do visit the forum from time to time and provide my experience and get updated with the changing rules, regulations and the visa status.
    - Any advice for everyone?
    As we are the people in no man�s land, I would suggest every one to be united to support the noble and good cause to revamp this system. I was driven away by the infighting and bickering and do not understand what benefits that is going to provide. Though I understand the pain, frustration and agony for the uncertain wait for this process, I would like to remind everyone that this is the time where we may need to be more united and welcome others instead of fighting among ourselves.

    Once anyone received his greencard, please update the IV tracker too. We like to see how many members in IV are greencard holders and what is the current trend of approvals in our membership
    - I did updated

    Thanks





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  • IAF
    11-03 10:47 AM
    Expect no much change

    EB2I No much cange
    EB3I May move by a week



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  • natrajs
    08-23 11:26 PM
    Ok..., but can you tell me how they are approving cses for PD EB3'2003 or Any EB3 cases daily, when EB3 is 'U', do you have answer for this.

    Since ther is plenty of approval going on everyday.

    They are not following any PD for the last 3-months approval, I don't believe any rule they have.Now they are already under pressure , and the pressure started already.They have to clean up.I don't think they will wait untill next year June, since Election is on Sept'2008.

    -satish
    ----------------------------------------------
    EB2/PD-Sept'2004/I-140 Approved.
    I-485 - Sent July5th.
    RD - ?
    AD -?
    Edit/Delete Message

    No one has any clue that how USCIS is approving any cases. However the election is has no impact on USCIS process.

    BUT IV's Effort has it!!!!!!





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  • ita
    11-06 02:49 PM
    When you set up the infopass appntmt do you have to select the option
    'EAD Inquiry Appmt' even when you are going with AP question.


    Thank you.



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  • Guig0
    02-11 11:20 AM
    how about that 30 votes rule?

    I was just hiring 30 ppl to sign up to kitupa and vote for me... :(





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  • shivarajan
    06-10 05:11 AM
    Realistically ... What if they retrogress enuf to a date when v ver a British colony (rather than sovereign nation) and we change our country to chargeability :confused:?



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  • satishku_2000
    12-01 03:14 PM
    There may be a slight decrease in number because of retrogression, but i believe the bros&sis in the citizenship queue will compensate for that.


    Naturalization queue is much bigger than AOS queue now and it has political clout. I guess probably thats the reason why they are expediting the namecheck now. USCIS dont want to be dragged into voter suppression mess.:)





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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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  • LostInGCProcess
    10-29 08:50 AM
    I am trying to understand the cause for this huge delay to issue either EAD or AP. Could it be due to a large number of I-485 filers in July 2007 that the agency is unable to handle the volume of requests (either for a new one or renewal)?

    Has USCIS come up with any explanation as to why there is lot of delay to issue EAD renewals or new EADs? Could it be the US economy that is causing the drag on the agency?





    sanbaj
    03-26 10:25 AM
    Hello BharatPremi,

    I was in the Interfiling situation for the last four months but EB2 India was Retrogressed and then Unavailable as you know. But, I got the advice from my Lawyer that I should Interfile and not wait for the EB2 India dates to get current. So, at the end of Feb '08 I decided to Interfile with my lawyer's help.

    With the cover letter as suggested in various earlier posts he made sure he sent the Original Approval Notice of the I140 and not a copy.

    The main text of the letter was:

    In accordance with 8 C.F.R. �204.5(e) , the applicant hereby request your office to amend the priority date to that of <new I140 Priority Date> as indicated on the enclosed original approved I-140 petition on behalf of the applicant.

    In the footnotes, this was included:
    1. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.

    It was beginning of March when this was done. Then in mid-March, I got the great news that EB2 India is current for my PD. We will see what happens in April '08 !!!

    No news from USCIS yet on the Interfiling app. My lawyer suggested to call after a month of the application's RD.

    Waiting on GC for more than 6 years. I hope this is the last thing to do before AOS is approved for us and we receive the PR Card.

    Hope this info helps.
    Best of Luck for your case.





    kviswanathan
    08-06 06:19 PM
    My case
    PD:April 5 2004
    RD:July 2 2007
    ND : Sept 10 2007
    I140 Approval: Feb 15, 2007
    Status: Pending
    Service Center: NSC



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