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  • slowwin
    05-14 10:26 PM
    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.

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  • Gravitation
    12-13 12:39 PM
    Hi Gravitation,

    How do you know this? Can you please elaborate.

    I read about EB2 flow on one of the forums at I'll try to find the thread and post the url if I can.

    About EB2 people filing is only from my personal experience. Every single friend I knew who was in EB3 with PD somewhere mine filed for perm EB2.

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  • willgetgc2005
    03-16 07:58 PM
    RAgz4u and other core IV member,

    One suggestion, does senator Kennedy know about employment based immigration issues. Have we (IV) contacted him or his office to make sure he is aware of our issue? He has been and will remain a key figure and influencer in this. Just a suggestion that we keep his office abreast of the issues.


    Does that means that the existing backlog will be cleared fast?

    Specter agreed this morning with Kennedy's approach, provided that these illegal immigrants would not be able to start legalization proceedings until the backlog of 3 million people now waiting in countries around the world for their chance to come to the United States legally get their green cards.

    Any comments or thoughts on this is highly appreciated.


    __________________________________________________ ______________
    India - EB3 - Priority Date 07/16/2001

    I-140 Applied 07/30/2004 - RFE (Labor Substitue) - 06/27/2005 Replied 10/19/2005 Approved 11/02/2005
    I-485 Applied 12/01/2004 - FP done on 1/8/2005 - Approval ??
    1st EAD - Applied 12/01/2004 - RFE (Color photo Myself & Daughter) - 2/7/05 Replied 2/18/05 Approved 03/02/05
    1st AP - Applied 12/01/2004 - RFE (Color Photo Myself & Daughter) - 2/7/05 Replied 2/18/05 Approved 03/02/05
    2nd EAD - Applied 11/02/2005 - Approved 12/02/2005
    2nd AP - Applied 11/02/2005 - Approved 12/20/2005

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  • ChainReaction
    04-02 12:55 PM
    sent both faxes #10 & 11 :)


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  • wahwah
    06-05 11:33 AM
    since the new supplemental memo has been issued, the rule making agenda may be pushed off. but i think the new memo will be effective immediately.

    See this..from

    However, the release of this new supplemental AC-21 probably implies that the rule-making agenda may be pushed off and may not be enacted this year. Please stay tuned.

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  • aroranuj
    04-19 12:36 PM
    Hello All,

    Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.

    She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.

    Can members with knowledge of these kind of scenarios shed some of their thoughts?


    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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  • Canadian_Dream
    12-20 01:24 PM
    This MEMO also talks about length of stay beyond 6 years. There has been a lot of controversy involving changing job after 3 years H1B extension based on approved I-140. This memo seems to clarify that a little, but it is still not clear enough about implication of revoked I-140 on the approved H1B.

    See Section 5, Page 7

    Burden of proof rests with petitioner and alien to establish his or her eligibility....

    I hope some lawyer or USCIS can clarify this once and for all. There are already so many thereads on this, that I don't want to start another one.

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  • onemorecame
    08-21 02:39 PM
    I agree that labor belongs to the company, but I paid all the fee for the same. They can always use that, but they are not supposed to screw up me In this case, they didn't talk to me and told me that my 485 was applied, which turned out to be a lie.

    Please tell the name of that employer, so nobody will join that guy.
    atleast sent the private message

    BTW how you came to know that whether your case filled or not?


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  • TwinkleM
    02-18 11:57 PM
    @ Seratbabu,

    According to my lawyer, I-485 is applied by the applicant directly & not by company or lawyer. So, if you have received the I-485 receipts to your own address, then you will received RFE to your home address.

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  • johnamit
    08-15 12:22 PM
    could you please share who received your app? Mine reached at 8:26AM on 2nd July too.

    Hi guys,
    My checks got encashed yesterday.My application reached at NSC at 8:26 A.M. on july 2,2007.It looks like they are working on our applications.As long as our papers are filed correctly,we shouldn't worry.I was also anxious like you. Just have patience.


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  • aachoo
    02-19 01:12 PM
    Aachoo, downthedrain, jazzbytheway, sushilup, rvr_jcop -

    question 1) did both you and your spouse's I485 cases receive the "pending at the location it was transfered to"?
    question 2) did both you and your spouses I485 cases receive RFE?
    question 3) did both you and your spouses case have an LUD after RFE?

    have you guys received the RFE notices and if yes, what is USCIS asking


    1- The "pending at the location" note has been in there since it was transferred from NSC-CSC-NSC.
    2- RFE only for me at this point (online). Wife's still says "pendin at the location" but has soft LUDs
    3- I got LUD after RFE

    Not received RFE yet.

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  • abhijitp
    07-07 08:50 PM
    If you are in the West, Nightly News is on right now and this news is coming up shortly.

    It was for about 2 minutes. The first time this issue got TV coverage I guess.

    Anyone captured it on video?


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  • nrk
    10-30 12:39 PM
    Just came back from Info pass appointment.

    The officer told me that they haven't seen any thing wrong in the system.
    Further he told in both of our cases the back ground check is completed and cases are "pre-adjudicated" (i don't know what does it mean)

    Then i have asked him why the letter says "not admissible under the current law"

    He said, there might be a very minor details the officer needs to clarify or send it to his superior for review. Further more he said he does not have the physical file in his hand right now if you want i will request for the file and look into that. I asked him what do you suggest on this, he said wait for some more time as i don't see any problems in your case. If i order the file your case will be taken out for nearly two months from the queue.

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    06-02 03:29 PM


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  • 485Mbe4001
    12-12 02:49 PM
    groan....moan... are you happy now:D

    im waiting for the groans and moans

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  • IneedAllGreen
    05-22 04:37 PM
    " Logiclife " is venting his agony for these LawJokers on what they comes up with " Bargain bill". I can understand his feeling because we all are in same boat. Just fight till it end...."It ain't end untill it end" Thats all.....


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  • GCSOON-Ihope
    09-14 05:23 PM
    My friend, it is easy to say: "don't worry, be happy".
    You seem indeed to be in a very enviable situation. Maybe many are like you.
    Good for you guys. Now, think a little bit about the others.
    I am sure that we are also many stuck in a job/company that we hate and the only practical way out is the GC. Sad and frustrating as it is, it is also the truth for many of us.

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  • nrk
    10-30 09:05 PM
    It is an unnecessary hassle for me, I shouldn't have opened the SR in the first instance

    what an unnecessary hassle.....good that all is ok for your case !!

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  • rajakannan
    06-27 08:43 AM
    Hi Rajakannan:

    You fall under either of the following two.

    Positive thinking: You are a Gandhi

    Realistic Thinking: You are smart .

    Smart enough to mislead the crowd to postpone, so that you would get atleast yoursdone.

    Man: be realistic.. people are waiting for four years like fools,, as of today there is no difference between 2003 Sept PD or 2007 May PD..

    I donot even understand, how you can think like this...

    Please donot open thiskind of discussion, people have better things to do in life than reading this..

    Myself: I donot even waste a single min on this kind of threads, just wanted to request you to be more realistic...

    BTW: can you post your PD details...

    best wishes.

    I don't have the necessity to postpone I have filed mine long time back. Iam glasd Atleast 40% agrees to my idea who care about others .. i just need 20% more to get the majority :cool: I would appreciate if we can all focus on the real problem rather than individuals.

    11-01 09:46 AM
    anybody who received AP from local office?

    06-01 12:10 PM
    Wonder how voting here helps - is this a site used by senate?

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