Saturday 18 June 2011

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  • gc_check
    11-03 10:44 AM
    EB2 likes visa bulletin predictions.
    EB3 does not.

    That explains the green or red in my opinion.

    Accessing IV forums after a long time... posting to this thread, though not predecting on VB's... May be the data that were made available through USCIS Home Page (http://www.uscis.gov) (http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf) already gave some hint on how the PD's are going to be in the monthly VB's and most people understand the number and are not predicting any good movement and not posting any on threads like this. Only the luckly EB2-I folks, who are getting a good chunk of the numbers for now thorugh spill over etc want to predict.. but again, too many questions there too... if quartely spillover or will happen in FY last quarter or something else... or .... The VB's / PD's etc.. nothing is going to make any difference and ease the pain of pending EB AOS applicants, unless there is change in law that would provide something to alleviate the EB backlog... When it is going to happen.. any time from now and at the least we can hope will happen before the end of Obama's Presedency like we hoped CIR would have happened before Bush left office :mad:





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  • qplearn
    12-20 11:23 AM
    Was this is a change in the procedures of USCIS? If yes, could we not request them to increase the length of the EAD from 1 to 5 years? This will help many of us too. I need to get my DL renewed every year along with the EAD.





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  • natrajs
    08-06 04:37 PM
    Freakin - more than 50 people from 2004 are waiting and the same number of people from 2006 get approved!!!

    United States Confusing and Incompetent Service - USCIS

    'Service' my a!@#$%


    EB2-I RIR - NJ , BEC - Philly Approved on 12/20/2006 - PD - 06/18/04
    I140 - Approved on 06/04/07
    RD : 08/08/07 - TSC
    ND : 09/28/07
    FP : 11/1/07
    I485 : !@#????????????? - I don't know (planning to buy Mega million and Power ball lotto with my own algorithm which I believe that I have chance to win, How ever I can not predict the USCIS process)





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  • ChalapathiChitturi
    10-15 03:08 AM
    I filed my I-485 (Nov 2004 EB3), but my old labor ( EB3 Mar 2003) got cleared. I am going to apply another labor in EB2 and move this EB3 priority date to that EB2, that way my case will be current.

    Not very much sure about its possibility, any suggestions.

    But coming back to the point, you are in a better boat by not filing, you can atleasr make it as EB2 and get the Green card Faster.



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  • alterego
    12-04 04:41 PM
    Why is this good news again?





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  • eb2_hope
    08-06 01:08 PM
    Count me in too

    PD Dec 2004
    EB2 NSC
    RD : 26th Jul 2007
    FP done



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  • gcisadawg
    04-21 10:36 AM
    Sheila,

    2+ 3 you are mentioning is where +3 = three year degree program like BSc / BCS/ BCom programs offered in India. Here I think we are discussing 3 year DIPLOMA program the eligiblity for which is 10th grade. After finishing this program in some universities you are waived 1st year coursework for the degree program in same field. So for regular people it is 10+2+4 to get a bachelors where as people taking the diploma route it is 10+3+3. So in this case of our friend his 10+3 is equivalent to completed only 1st year degree program. the +2 overlaps with what he has studied in +3 and the +1 in commerce will not be counted in coursework.


    Anuj: What subject was your diploma was it a management diploma or engineering diploma? What was the eligiblity for the same? Was the institute reputed like does it have an entrance test? If yes do you know their acceptance rate? Might help in preparing a case

    That is exactly right. 10 + 3 yr diploma will wave the first year in 4 year B.E.
    In 10 + 2 + 3yr diploma, mostly 11th and 12th grade are redundant.....So, it is only equivalent to 10 + 3yr diploma....

    When we were in Engineering after 10+2, we had students who joined us in second year (of a 4yr degree) after completing 10 + 3yr diploma....Our class was benefited tremendously by their practical/industrial experience.

    I believe OP has a very difficult case and I dont see a way to get around this.

    One thing OP can try is apply for a Masters degree in US from a decent university with his credentials. If he has an admission offer, he can then submit that to USCIS to prove his credentials. US Masters require 12+4 years.





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  • zoooom
    07-02 03:44 PM
    Medical $1200
    Photos: $30
    HOurs lost at work: 10 (cost: 10*60 = $600)
    Lawyer fees: $1500



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  • CADude
    01-05 05:22 PM
    Please try. If nothing works out (like me) still you have satisfaction you did your part. :)





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  • gapala
    02-21 09:56 AM
    It was in sept 07.

    Thanks Sheela. Was that visit to home, a part of your employer audit as well as it was mentioned by bujjigadu123 or something else?
    Not sure whether you got a chance to ask the officer about the reason for this visit? Was it a part of random check or any investigation on fund transfers or any other program etc?



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  • ramudu
    10-29 10:26 AM
    My EAD is now pending 96 days..no luck..not going anywhere with USCIS - they have stopped responding also.

    All your posting makes sense but I suggest each of us write a letter to CISOmbudsman explaining your case so that it gets documented and they can put some pressure on USCIS on explaining as to why across the board they are dealyed i issuing EAD renewal. USCIS keeps claiming its only 1.3% of cases thats pending but why? What reason? We all understand they may be loaded but atleast if they cant handle the laod they should admit it and issue interim EAD. Just keping mum does not help. What i cant understand is if they can approve my AP on time whats the issue with EAD?

    I have really started questioning myself as to why i am in this country. Its no more a land of oppurtunity..its really disccouraging for the young graduates who are heading to this country or graduating in US Universities.





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  • amslonewolf
    12-28 05:13 PM
    Someone I know was EB3 I Aug 2001. They had filed for I-485 sometime in 2005. They got their GC on 12/22/2008.

    Their lawyer filed a Writ of Mandamus against USCIS in Aug 2008. The deal was the USCIS was to either approve or reject their case in 60 days.. So, check with your attorney and see if filing a case in an option for you.



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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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  • gcdreamer05
    01-05 11:14 AM
    Folks,

    I agree 100% with the previous post person.

    I myself am a PMP. It is very easy to do one, you need to have the right project mgmt experience (PMI may audit it) and you need to prepare for few months and you can clear it easily.

    But the question is, more than the exam it is the practical experience, sometimes this job can be so frustrating and you feel like a sandwich being hit on both sides.

    If you already have a PM experience and you dont have the certification, definetly go for it, it is worth the spending.

    Again remember it expires in 3 yrs , you got to keep renewing your PDUs to stay current... its not like MCSD or MCAD which is for life long...



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  • Pagal
    05-18 06:26 PM
    Hello Hebbar,

    :) Very few countries are free of quotas...they have them under one name or another...it's just an age-old human power structure..

    The proposal is good, why not try it? What needs to be done?





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  • jasmin45
    08-21 10:21 AM
    Office of Inspector General, they investigate all Labor Frauds

    Who is this guy.. taken you for a ride? Would you mind dropping in his name and address here? as you are safe now working with another employer.



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  • satyasaich
    07-29 11:26 AM
    and it's a 2 year valid EAD


    EAD Renewal applied online on Jun21st

    My Case
    Got the LIN088001XXXX
    FP done on 07/11
    Approval Email received (card prodcution ordered)today

    Spouse Case
    Got an MSCXXXXXXXXX Number as receipt number
    FP done on 07/11
    Approval: Not yet

    Will update again once i revceive the card whether i't s a 2 year EAD or 1 year EAD

    ----
    EB3/ India Nov2003
    Proud Supporter of IV

    "Don't go where a path leads. Rather go where there is no path and leave a trail for others"





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  • Carlau
    01-10 10:05 PM
    I wish some group were working on getting attached in some bill a provision that lets the H-4s work. I thought we had a good chance because it is under discussion a bill similar to Bill S.2611 that would let the spouses of the Illegal workers regularized under Blue card status to also work so I assumed that a some point they were going to have a provision for the spouses of H-1Bs. I hope IV and QGA are doing something about this. If no group brings to the senators etc.'s attention that there is a part unattended regading the H-1B spouses right to work, nothing would happen. Here is what I am trying to say:

    If S.2611 is going to be discussed in the senate/house, this will allow the spouse of the Blue card status worker (previously illegal worker and now regularized) to work for any employer -while the spouse is in blue card status-, shouldn't it be mentioned in the same law in the parragraph with the H-1B and dependandts provision that that the same applies for the H-1B spouses -that they could work for any employer while the H-1B status of the spouse is valid-? The L-1 spouses can work too so why do we H-4s have to suffer? Why nobody is advocating this?

    This is the parragraph:



    "... (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status. ..."

    http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SN02611: then select "Text of legislation" and then select "2 . Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)[S.2611.ES] " (unfortunately the direct link is temporary so you need to follow these instructions to reach it)

    .2611
    Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)
    ________________________________________
    TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM
    Subtitle A--Temporary Guest Workers
    CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
    SEC. 613. AGRICULTURAL WORKERS.
    (a) Blue Card Program-
    (1) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer blue card status upon an alien who qualifies under this subsection if the Secretary determines that the alien--
    (A) has performed agricultural employment in the United States for at least 863 hours or 150 work days during the 24-month period ending on December 31, 2005;
    (B) applied for such status during the 18-month application period beginning on the first day of the seventh month that begins after the date of enactment of this Act; and
    (C) is otherwise admissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as otherwise provided under subsection (e)(2).
    (2) AUTHORIZED TRAVEL- An alien in blue card status has the right to travel abroad (including commutation from a residence abroad) in the same manner as an alien lawfully admitted for permanent residence.
    (3) AUTHORIZED EMPLOYMENT- An alien in blue card status shall be provided an `employment authorized' endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence.
    (4) TERMINATION OF BLUE CARD STATUS-
    (A) IN GENERAL- The Secretary may terminate blue card status granted under this subsection only upon a determination under this subtitle that the alien is deportable.
    (B) GROUNDS FOR TERMINATION OF BLUE CARD STATUS- ...

    (b) Rights of Aliens Granted Blue Card Status-
    (1) IN GENERAL- Except as otherwise provided under this subsection, an alien in blue card status shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
    (A) IN GENERAL- Except as provided in subparagraph (B), the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied:
    (i) QUALIFYING EMPLOYMENT- The alien has performed at least--
    (I) 5 years of agricultural employment in the United States, for at least 100 work days or 575 hours, but in no case less than 575 hours per year, during the 5-year period beginning on the date of the enactment of this Act; or
    (II) 3 years of agricultural employment in the United States, for at least 150 work days or 863 hours, but in no case less than 863 hours per year, during the 5-year period beginning on the date of the enactment of this Act.
    (ii) PROOF- An alien may demonstrate compliance with the requirement under clause (i) by submitting--
    ...
    (C) GROUNDS FOR REMOVAL- Any alien granted blue card status who does not apply for adjustment of status under this subsection before the expiration of the application period described in subparagraph (A)(iv), or who fails to meet the other requirements of subparagraph (A) by the end of the applicable period, is deportable and may be removed under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
    (D) PAYMENT OF TAXES-
    (i) IN GENERAL- Not later than the date on which an alien's status is adjusted under this subsection, the alien shall establish the payment of any applicable Federal tax liability by establishing that--
    (I) no such tax liability exists;
    (II) all outstanding liabilities have been paid; or
    (III) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service.
    ....

    (2) SPOUSES AND MINOR CHILDREN-(A) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted status under paragraph (1), including any individual who was a minor child on the date such alien was granted blue card status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident.
    (B) TREATMENT OF SPOUSES AND MINOR CHILDREN BEFORE ADJUSTMENT OF STATUS-
    (i) REMOVAL- The spouse and any minor child of an alien granted blue card status may not be removed while such alien maintains such status, except as provided in subparagraph (C).
    (ii) TRAVEL- The spouse and any minor child of an alien granted blue card status may travel outside the United States in the same manner as an alien lawfully admitted for permanent residence.
    (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status.
    (C) GROUNDS FOR DENIAL OF ADJUSTMENT OF STATUS AND REMOVAL- The Secretary may deny an alien spouse or child adjustment of status under subparagraph (A) and may remove such spouse or child under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) if the spouse or child--
    (i) commits an act that makes the alien spouse or child inadmissible to the United States under section 212 of such Act (8 U.S.C. 1182), except as provided under subsection (e)(2);
    (ii) is convicted of a felony or 3 or more misdemeanors committed in the United States; or
    (iii) is convicted of a single misdemeanor for which the actual sentence served is 6 months or longer.





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  • mbawa2574
    08-20 04:42 PM
    Go get a good lawyer .File a lawsuit against attorney for breach of contract and ask for minimum 5 to 6 million dollars in damages. see if you can involve the company too. screw their happiness to the largest extent . Expose your employer and file a complaint that he forced you to pay for your labour cert and 140 expenses. DOL will shut him down as they are already investigating these fraud shops.





    itsmedude
    02-12 06:50 PM
    All this for $3500? Its going to cost him a lot more if he wants to file a lawsuit.

    I don't think anybody will tell you for sure what the court will rule. Even if you pay a lawyer he will not tell you that - not in writing. Chances are that this will not even go to court and based the discussion on this thread its very unlikely if this will hold in any court.

    BTW, how did he come up with the figure 3500? Is that the salary that was paid to you while you were working for another company? As somebody pointed out earlier if this was the money paid to you as compensation when you did not work for him then he might be reasonable in asking you to re-pay.

    Let us know if you any information on what the 3500 figure is for.

    An email does not mean anything. You can just ignore it. Unless you have a certified notice from court you have nothing to worry about.

    My previous employer did not pay any thing additional, he paid for the hours i worked at the client place, this $3500 is for the last few days which he says the vendor is not paying as i did not give notice, so he expects me to reimburse it.

    How can one expect desi employer to pay more, it would be a surprise if such thing happens.





    Lisap
    08-22 12:33 PM
    I am in the exact same situation as you are. I realized on Friday the 10th (by reading threads on here) that my attorney filed before I was current. My attorney said (although I dont know if this is true) that he was willing to argue that they should accept the application. I didn't take my chances and refiled my application. I hope that your attorney does everything that he can for you to get your application back in. If nothing else you should atleast try getting your money back and hiring a new attorney.



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