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  • Ramba
    09-27 03:05 PM
    It is very simple. The completion of degree occurs only when any one passes all qualifying examinations. Without passing the sublimental exam, you are not qualifed to recive a degree. You latest exam was in 2002. Therefore you completed all qualifying exam only in 2002. Therefore you obtained the degree only in 2002.

    Therefore you must produce the 5 year exp certificate after 2002. If not, convert it to EB3.

    At this time the best option is request them to convert to EB3. Apply another PERM LC with EB3 and file 140 quickly, in case they deny your request to convert to EB3. Dont give up your H1 and H4 status till 140 get resolved.





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  • burnt
    12-19 04:22 PM
    If I try to use my AC21 then does title matter?

    Example:
    new offer has a title of "Lead software engineer".Current position is "Systems
    Engineer".

    Gurus please help

    Iad


    As per my understanding, The job duties should match your LC(Though position might be slightly different.), make sure that your Job Duties are Similar





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  • edaltsis
    08-08 10:03 AM
    Same thing happened with one of my friends. He went to India immediately got married and brought his wife to US, the GC status would not update at the port of entry system that quick so he took a chance. You can give a try to schedule an appointment at the Chennai embassy for dependent visa (through your H1B). My friend spoke with a reputed law firm (I dont want to mention the name here but you all know 'her') who advised this and he got lucky.

    As the priority dates are current you can apply for 485 for your spouse. Good Luck!





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  • VMH_GC
    07-02 06:25 PM
    Medical : 600 for both me and wife
    Photo: $16
    Lawyer fee: Company (may be $1500)
    Document preparation time : 30 Hours


    Total : approx: $2200



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  • raysaikat
    04-10 12:24 PM
    I know many Indian students in my uni who have cheated and plagiarized and somehow graduated and then gone to these fraud consultants who applied for their h1-b.
    Last year I knew at least few Desi masters students who were caught for plagiarism and suspended, but those guys/girls went to a desi fraud consultant who applied for their h1-b based on their bachelors while they were doing there their masters (they had no job, nothing) and guess what?.. they got it!
    There are not many desi students at my uni, I have heard these things are very common and happen at a large scale at bigger schools. A lot them of don�t bother to really study because they know would somehow find a job and visa through a bodyshop consultant after they graduate. If these students could do a job, I think anyone in the world could do what they are doing,. no talent or skill is required!
    These bodyshops consultant are just bad for everyone- for deserving students, schools and industries.
    So I think bodyshops consultant should not be allowed to apply for h1-b at least.

    You have nailed it! And it is most prevalent not at the big schools, but rather unnamed "teaching" schools. Absolutely rotten students join M.S. of these universities in hordes, and don't care/able to study. Works in gas pumps and grocery stores to pay for their bills/tuitions, in violation of F-1 regulations. And then get "H1-b" through these body-shoppers.

    At the risk of repeating myself, I will say again: just one regulation preventing software consultancies (read: body-shoppers) will remove almost all woes against H1-B program and have a very positive effect on the GC queue in the next decade.





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  • mblueocean
    07-07 04:26 AM
    Couple more ways to get media attention

    Click on links and vote on it.

    http://ezeques.newsvine.com/_news/2007/07/06/821192-suit-planned-over-visas-for-the-highly-skilled

    http://www.facebook.com/login.php?popup&next=http%253A%252F%252Fwww.facebook.com%252Fshare r.php%253Fu%253Dhttp%25253A%25252F%25252Fwww.nytim es.com%25252F2007%25252F07%25252F06%25252Fus%25252 F06visa.html%25253Fex%25253D1341460800%252526en%25 253D5049edb808b4b9dd%252526ei%25253D5124%252526par tner%25253Dfacebook%252526exprod%25253Dfacebook%25 26t%253DSuit%252520Planned%252520Over%252520Visas% 252520for%252520the%252520Highly%252520Skilled



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  • saimrathi
    07-10 01:16 PM
    This is an awesome find... We desperately need to contact Michael Moore for our cause...

    Guys we should put this on youtube and hit with star ratings and supporting messages for moore...........

    http://www.cnn.com/video/#/video/bestoftv/2007/07/09/blitzer.michael.moore.cnn

    CNN never tell truth no matter what it is...immigration, health care, .....





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  • himu73
    10-11 11:47 PM
    My labor was filed on July 2004 and I have not received an approval yet.
    I got an RFE last week stating that Employeer has to again prove the RIR status of the application.
    So Lawyer has started the advertisement process again.

    One important issue is over looked here. Small employers will have a tough time in proving I-140 "ability to pay" for employees with older PD�s, whose labor got cleared after Aug 17 from BEC. Cuz the company has to prove its "ability to pay" the proffered wage starting from the date PD is established continuing until the adjudication of I-140.

    Suppose the PD for an employee is Oct 2001 and the proffered wage is 80K per annum, then the company should prove that its assets, net income or salary payments were >=80K starting from Oct2001 continuing until the adjudication of I-140.

    This is indeed an acid test for small employers.



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  • mrane1
    09-26 03:01 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

    Wow your situation is indeed unfortunate! Its really your lawyers fault... he should have checked this and filed EB3 to begin with... or atleast given you an idea that something of this sort might happen at 140 stage, if you insisted on eb2... What was suggested by your friends seems to be the only logical step... and its highly unlikely that USCIS will budge from their stance... maybe other people might have better idea...





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  • sandiboy
    08-16 04:16 PM
    Tomorrow being the last day for filing, i believe whoever had to refile have already done so.... So i guess Admin should close this thread



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  • realizeit
    11-21 11:08 AM
    Dear Friends,

    As per yesterday�s floor summary (access link below), the House of Congress has been adjourned and this marks the end of the business activity in the house of the110th Congress. House will re-convene at 11:00 a.m. on January 3, 2009 and that will be the first session of the 111th Congress.

    Floor Summary: http://clerk.house.gov/floorsummary/floor.html

    3:02 P.M. -
    The House adjourned pursuant to H. Con. Res. 440. The next meeting is scheduled for 11:00 a.m. on January 3, 2009.



    HR 5882 introduced in the 110th Congress will no longer valid for consideration in the 111th Congress and a new RECAPTURE bill has to be introduced in 111th Congress with the same contents of HR 5882 in order for us to obtain some relief.

    I think we should start our campaign now itself, targeting Rep Lofgren, Zoe [CA-16] and Rep Sensenbrenner, F. James, Jr. [WI-5], for the RE-INTRODUCTION of the RECAPTURE bill during the first week of the 111th Congress.

    Also, it is very important NOT to campaign for the expansion of the scope of this bill at this point of time as that will make this bill to get ignored and become a reason to add the whole relief measures to a Comprehensive Immigration Reform bill which may take 1-2 years to get passed depending on the political landscape.

    We should ask Hon. Zoe and Hon. Sensenbrenner to introduce this as an emergency relief measure and try to get this passed during the first quarter itself.

    Once this bill gets introduced, we could request all previous Co-Sponsors of HR 5882 to become Co-Sponsors of the new bill.

    So at this point, we should send mails to Rep Lofgren, Zoe and Rep Sensenbrenner, F. James, Jr. encouraging them to re-introduce the RECAPTURE bill.

    Let�s keep HOPE alive!





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  • saimrathi
    09-21 01:20 PM
    No offense to anyone.. but that was funny...

    I followed up on your GC status from Mr. Gonzales. He assured me that your GC has been sent via Speed Post: it should arrive within the next 4-6 business days. If it doesn't, please don't hesitate to call the toll free #: 1-800-NO-GC-4-ANA



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  • apt29
    08-12 04:52 PM
    A little unrelated question but couldn't find the the right thread to post it...

    What do you do if while traveling abroad, your GC is lost/stolen? Would the CBP officer at the airport allow you back in on the basis of a photocopy?

    Another similar Question:
    do we need carry the supporting documentation(Birth/Marrriage certificate, old H1Bs, etc) certifacte while travelling with GC? Please share your experience.





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  • GCInThisLife
    07-19 04:45 PM
    I did search this with given phrase.. All the search results I see are directed to university websites.. primarily referring to I-20 validity. May be since universities are a little particular about status issues, informing the rules in advance.

    In my wifes case, the company policy is not include on the payroll until the first project starts and after that they pay even on the bench. And so far no one (primary) was denied GC from her company. We didn't realize the problems earlier.. she was willing to work earlier.. but since all the clients were asking for SS#, they asked her to wait till she gets one. She soon got accepted by a F500 client, but since the director was on vacation, the the project didn't start till early june 06.. I was a little worried, so though my lawyer didn't ask, she asked her employer for an employment letter. We may be able to request additional letters if USCIS issues reasonable RFE from company. Well.. there is no point in discussing my case further except for stress relief..:(.. what ever happens happens.

    LoL. You are such an idi***!

    Rest of the post is not for Mr. Kumar. So Mr Kumar, please ignore the rest of the post.

    Here is another link:
    Immigration Rights and Responsibilities of Scholars in H-1B Status
    http://www.bu.edu/isso/scholars/h1-rights.html

    Search for no later than 30 days after the I-797 start date

    Before you ask: I don't work/study at Boston University.

    ________________________
    Not a legal advice.



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  • arkrish68
    02-10 08:43 PM
    There was a soft LUD on mine as well as on my wife's I-485 :D. Mine was filed in NSC on July 2nd 2007 and transferred to CSC for receipts and transferred back to NSC :confused:. Currently mine is not within the priority date :confused: . Not sure why there is sudden LUD this month :eek:.





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  • mirage
    12-12 01:11 PM
    The more the evil called 'Labor Subsitution' is alive, the more grief we are gonna get. Especially EB-3's. BEC's are chruning out labors, I'm sure 50-60 % of the benificiaries have moved on. But there approved Labors are being sold openly. I'm guessing there are atleast 30-40K EB3 India in 2001-2003. You can Imagine How any years it'll take for the dates to cross 2003 Dec. My calc is

    roughly

    3000 EB3 numbers available every year.
    statistics says average 2.5 visas are used by each benificiary family. Conidering that if Congress doesn't change anything(Doesn't release any new Green Card numbers and make not change whatsoever) I am guessing it should take 25-30 years for date to become current for an EB3 guy with PD Jan'2004



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  • gk_2000
    08-02 04:18 PM
    I may have lost it there for a bit, I agree. Obviously you are obsessed with me to the point of ignoring my main points and attacking me for the minor ones. If you read the thread, iskantem and I continued our conversation after that.

    My points again :
    1. The diversity argument is flawed when it comes to skilled immigration, especially when we have most of the grad schools here filled with Indian/Chinese students. This is what I was explaining to "iskantem" and why especially when you are talking about less than 0.05% of the population it doesn't make sense.
    2. We don't even allow anyone over here to have an alternate opinion on an issue. In terms of IV activity, it is almost 100% Indian. However 60% of the EB3 backlog is not from India! Now why don't we see these 70000+ ROW guys participating here I wonder! Let me tell you why. Its because a lot of us actively discourage them from participating whenever they have an opinion contrary to ours (read India). Now I maybe guilty of losing it a little there, but I still made an effort to reach out and explain the flaw in the diversity issue he was mentioning rather than mount an all out attack/ignore him right away/stick my head in the ground.

    Well, of course since you are so obsessed with me and also with getting reds (if you notice I didn't give you any) you may have missed them. Happy that you got me? And happy you didn't get reds? Good, enjoy your day. Please let's get back to the issues now. Peace.

    LOL. I got "snookered" there. But to my credit, I didn't vent a red on you either.

    For the record, I don't mind the red's I "earn". But as you also observed, you get that for free around here by the dozen. And I can't ignore it when people act childishly

    There is no doubt the policies are flawed, foolish or whatever. But I maintain that screaming out to another person/s in a forum is of little good. Agreed that your arguments have weight, but they should be made to the right person at the right time. So let's wait for the next letter-writing event and we can participate in writing the draft..





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  • ugotdude
    08-20 09:44 PM
    Pls check your PM





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  • same_old_guy
    05-15 02:08 AM
    Contending that the H-1B visa programme is being abused to displace qualified American workers, two US lawmakers have asked nine foreign-based firms, including some leading Indian companies that used 20,000 of such visas, to disclose details about their workforce and their use of the special programme.

    The companies the senators sent letters to were Infosys Technologies, Wipro Ltd., Tata Consultancy Services Ltd., Patni Computer Systems, I-Flex Solutions Inc., Satyam Computer Services Ltd., Larsen & Toubro Infotech Ltd., Tech Mahindra Americas Inc. and Mphasis Corp.


    http://timesofindia.indiatimes.com/US_asks_Infy_Wipro_to_explain_use_of_H-1Bs/articleshow/2046743.cms





    radosav
    04-01 03:23 PM
    sent fax # 10





    himu73
    10-01 09:08 PM
    as you said mine is same case. My wifes 140 approved from NSC so I guess the application will move back to NSC.
    NSC probably sent applications to CSC for data entry, I am a july 2 filer, my EAD(I131)/AP(I765) and all receipt notices were sent to me by CSC all are WAC### numbers which means its from CSC, then they sent just the AOS (I485) back to NSC saying they do not have Jurisdiction on the AOS application (Logic behind this is - because my I140 was approved by NSC, I have a LIN### on I140 application).

    This transfers happens in the 4 centers all the time no need to worry, there is delay associated though... :(

    Anywayz all said and done... I have not received my FP notice as yet...



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