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  • enggr
    09-28 01:47 AM
    I thank everyone for taking interest in my case and giving valuable advices.

    Yes, the lawyer should have checked this and filed on EB3 to begin with. If he had suggested a potential hindrance like this, I wouldn't have agreed to file the case under EB2. The way it happened was, employer and attorney requested all my details and decided to go with EB2. I didn't even know the complete requirements of EB2 at that time as I had a belief that EB2 is only for Masters degree. Because the employer + attorney recommended EB2 I signed up for that.

    I have requested my employer to start a new PERM as soon as possible.
    I am very much looking forward for interfiling my old I-485 with the new I-140. My attorney is saying its not possible. (Maybe he's very less experienced in these matters).

    "during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485"

    Can you please shed some more light on that so that I can argue with my attorney. Any links regarding this would be really helpful. Any piece of information/case history would be helpful to argue with my lawyer.

    AkhilMahajan,
    The university gives different marksheets for supplementary exam. There's a consolidated one too.

    insbaby,
    You are right. EB3 is the safest one. I never tried to take advantage of EB2. The whole mistake was due to improper knowledge from my side about EB2 and wrong evaluation by the attorney. I am looking for all ways to convert this case into EB3. My attorney is saying that we can't file a new I-140 under EB3. The only way to continue this case is to request the EB3 conversion as part of the RFE response. Then, INS should agree to the change in a return letter which can be followed by the I-140 application amendment or new I-140 application.

    quizzer,
    The I-140 filing date was Nov 2006.

    Ramba,
    You are very correct. I have requested my attorney to change the category from EB2 to EB3. he said it can be done only as a formal request during RFE response. The attorney has requested my employer to modify the job requirement from EB2 to EB3. I think we are safe at the labor certification as it doesn't ask progressive experience. Labor is asking for Bachelors degree and 5 years of experience which I have. I have no plans to move out of H1b until I-140 is approved.

    cnndwag,
    I didn't run away. Today I was running behind my attorney and employer to save this case under EB3. I didn't fake my experience as I finished my course well before starting my first job. IO caught the discrepancy which should have been caught by my attorney long before. Just to re-iterate I never tried to expedite the process by filing under EB2. In fact I was ignorant about EB2 till the case was filed.

    Dreamworld,
    I am very disappointed by the law you mentioned
    "PERM does not allow to change from EB2 to EB3"
    Can you send me some links to read more in this respect? But fact is a fact. I appreciate you pointing out things like this.
    One of my friend tole me yesterday to request DOL (dept. of labor) to request for a reclassification which should come in 3 weeks. But my lawyer said that classification doesn't happen at labor level and all it matters there is what is specified in newspaper ad and labor requirement (bachelors and 5 yrs exp).





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  • walking_dude
    08-31 06:12 PM
    I did not get a receipt, without that how can i think of GC?

    There are only 2 possibilities - you get RN or you don't get RN

    1) You get RN. Congrats you got your - rather overpriced - lottery ticket. Winning the lottery is still far off. Considering 300,000-500,000 apps and 140,000 numbers, chances of winning it soon is as slim as the chance of getting struck by lightning. You might as well laminate it and hang it on the wall.

    This will be the only piece of notice we will be seeing for many more years. Unless, of course enough of us get over our collective OCD (Obsessive Compulsive Disorder) over RNs and concentrate of real-life action.

    Moral of the story : RN is a lottery ticket. Keep it safe. But, don't mistake it to be the prize.

    PARTICIPATE.

    2) You don't get RN/or Rejected. My sympathies. Your ONLY CHANCE to get RN in the foreseeable future is to end backlogs/retrogression. That wouldn't be possible if YOU didn't participate in the rally. Please don't participate in the rally if you choose to wait 5-7 years, for your next chance to apply.

    Don't count on another July 2. It was a flash in the pan caused due to one-upmanship b/n DOS and USCIS. I'm sure both have learnt their lessons well to stage a repeat.

    Moral of the Story: Your only chance is if IV succeeds [ because there's no one else interested in you - Highly Skilled or otherwise]


    PARTICIPATE.


    I filed 485. now why should i care?

    You SHOULD care. Because you didn't file 485 just for the heck of it. You filed it to get a GC, and to get a GC - ASAP.

    I hate you break your day dreams, chum, but that's not likely to happen for a decade more.

    Unless You CARE. About -

    a) your CAREER that will remain stagnated
    b) EARNING OPPORTUNITIES lost as a result
    c) your FAMILY that's the victim of your procrastination

    You know whom to blame when you

    1) Finally look at a posh home , few years down the line, one that you cannot afford

    2) Your kid cannot pay attend a good college and get a good degree, because you cannot afford it.

    3) many more regrets....

    Dang! If only you had spent 100-300 bucks in the September 18th of 2007 and walked two miles with the others. If you you were not so penny-wise and pound-foolish. Sadly, regrets don't change the reality.

    I'm not saying Sep 18th will change the present. It may or it may not. But at least we tried. Even if, God forbid, we fail there's the satisfaction of having tried.

    To quote a rather famous Hindi/Urdu saying - Only those that ride the horse (warriors) fall. And not those that grovel on their knees (mental slaves). It is for each of us to decide whether we wish to ride, or we wish to grovel. That's the decision each one of has to make for his/her self. No one else can do it for you.

    If you choose to grovel, I give you a friendly advice. You're groveling in the wrong place. If only you were groveling in Saudi Arabia - where goveling would be much appreciated, may be the sheikh might throw in a extra dinar or two - you'd be earning twice as more ( typically 1 Saudi Dinar = 2 dollars).

    no jaime, there are excuses:

    i did not get a receipt, without that how can i think of GC?

    i filed 485. now why should i care?

    (top two!)





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  • Libra
    01-11 12:42 PM
    please cast your vote

    I sent the letter to the President and copy to IV on 01/08/2007.





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  • dc2007
    08-23 04:55 PM
    I agree that "It is an irony that most people here who raised valid concerns have "red" reputation". I don't know how it works. I know it doesn't matter but I just added +ve reputaton for ck_b2001 and Lisap.

    Anyways, I think the moderators should not forget that this is an open forum also. And it has become popular because of people like us. As of now I am using this site as a forum where I get some info/experience from people like me regardng GC. Its an important thing (to get GC) and a painful process. May be thats why this site/forum has got so many serious members, spending time and sharing their so much personal information.

    But to me (its just me), GC is important but not a life/death thing and there are lot of other things which are more important to me other than getting GC. Frankly speaking, I will spend time and money in those other things at this time. May be sometime later when I will be more comfotable and have more exp. with persons here, I might participate actively here too. And I believe lot of others might have similar thoughts.

    My point here is that:

    1. This is an open forum (like immigrationportal etc.) to discuss/share views/exp about GC process. So let it be like that only. If its not, then I will ask moderators to "please close this open forum".

    2. IV is a very good cause, but all of us (affiliates to moderators) and moderators should try to explain this in any way they want but please NOT BE PUSHY, AND ABUSIVE.

    3. In this way, who so ever wants more participation, let him/her come forward. But at the same time, if anybody is not convinced or don't want to participate, then let him to do that also. Why PUSH.

    Good Luck to all of you



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  • BharatPremi
    11-14 09:49 AM
    Guys,

    During my Infopass appointment, Lady Officer told me that your approved advanced parole is mailed to your home address and she verified my home address with me as well. Now my AP was approved on Oct 1*. I had a Infopass on 6th Nov. According to officer AP was "mailed" on the same day as "approval". That was not sufficient, so to add that, I got an email from lawyer yesterday mentioning the receipt of our all approved APs at his office.

    So conclusion: Do not trust USCIS officer whatever they say during Infopass.





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  • psk79
    10-27 04:32 PM
    The service request is usually a waste of time. They will send a generic response to everyone when case is pending w/o visa numbers. I and almost all of my friends received a response that additional information was needed for processing your case and hence additional delay blah blah.. I think this guy just decided to use security message for your responses. I wouldn't worry about it. If you want to really check this, you can definitely make an appointment at local office and talk to the IO there. But it was even a bigger waste of time in my case. The IO at local office looked at his system/systems and told me that if it is a green card application its faster(just another month or so) and if it is a h visa there is a few month delay:confused: Go figure..



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  • 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...





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  • vin13
    06-24 12:05 PM
    Source
    Immigration, back on the schedule, quietly - Ben Smith - POLITICO.com (http://www.politico.com/blogs/bensmith/0609/Immigration_back_on_the_schedule_quietly.html)

    Immigration, back on the schedule, quietly

    The oft-delayed White House immigration meeting is back on the schedule for tomorrow, and is expected to include congressional advocates of immigration reform from both parties.

    Peter Wallsten wraps up Hispanic Democrats' frustration, but on balance, any mention of immigration continues to be, for now, a winning issue for Democrats, throwing salt into an open GOP wound.

    Harry Reid says he has the votes for comprehensive reform, meanwhile, though the White House has downplayed the chances of getting it done � as Obama has pledged earlier � this year. An open question is whether Republicans have any ability to capitalize on that unfulfilled promise.

    UPDATE: La Opinion prints a list of meeting participants including more Democrats and some Republicans, citing White House sources:

    Senators: Robert Men�ndez, Patrick Leahy, Charles Schumer, John McCain, Mel Mart�nez, John Cornyn, Jeff Sessions.

    House Members: Lamar Smith, Zoe Lofgren, Xavier Becerra,Howard Berman, Lincoln D�az-Balart, Luis Guti�rrez, Nydia Vel�zquez, Adam Putnam, Anthony Weiner.



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  • dineshksharma
    07-14 07:56 AM
    Congratulations Dinesh! I feel very happy for you.

    Could you take some time out and let us know about your H1B delay in India?

    Thanks

    I had gone to India for my father's 75th. b'day and planned to get my H-1 renewed. However, when I went to embassy, they said that I have to get clearance and will take one week. I said fine. One week became two weeks, then one month and then two months. I tried to contact embassy and other people, but of no use. My chief here in US, also tried. Meanwhile, my AP had arrive in US (we had filed for I485).( My wife had already got her H-1 approved and she had gone back.) She send me the AP. I contacted two of my lawyers; one said it is fine to come with AP, other said no. I send a letter to embassy asking about my travel with AP. They said, it is legal and not suggested!!!.
    So after waiting for two month, I took a chance and came here on AP. At the airport, they took more than one and half hours to get be cleared, meanwhile my wife was waiting for me outside, not knowing what was happening. She was in tears when I came out finally.
    After I came to US, I was informed from India that the US embassy had called and said that my name has been cleared and I should come to get my H1 visa stamped.!!!!!!!!





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  • andy garcia
    12-30 01:04 PM
    Longq,

    Are these info are based on good guess? If not, can you provide us some link, or attach jpg with highlighting relevent facts.

    From November 2005 Visa Bulletin
    HOW IS THE EMPLOYMENT-BASED PER-COUNTRY LIMIT CALCULATED?

    Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.

    * The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
    * In recent years, the application of the rules outlined in AC21 has allowed countries such as China � mainland born, India, and the Philippines to utilize large amounts of employment numbers which would have otherwise gone unused.
    * During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
    * To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.



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  • greencard
    07-27 03:02 PM
    This is the attitude of our guys. So desperate. The agents get irritated because of this.

    Your application is already there if you have the delivery confirmation, what is the point of calling them? They will issue or reject when they get to it, by calling them they are not going to go searching for your application..

    Please be patient the decision to accept or reject is not going to change by calling them for a receipt notice!





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  • GC_Applicant
    10-31 02:54 PM
    Can you please let me know if you applied for AP online and what supporting documents you had mailed.

    Applied for EAD on Aug 30th, Receipt notice was on Sep 3rd and Got email yesterday saying card production ordered. Nebraska Service center.

    Now waiting for AP to be approved. Applied on Aug 30th. Receipt notice on 3rd Sep, LUD on 10th Sep.. Texas service center. Thinking it should not be long.



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  • whitecollarslave
    06-12 10:59 AM
    Has this started yet? Where can I watch it?





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  • sys_manus
    01-28 09:32 AM
    :confused:U donno where to even start. My argument was based on relativity and "most of" theory and never was 100%.

    U must be a gulti trying to defend ur region - God bless:confused:

    New theory to explain anything and everything!!

    Peace



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  • franklin
    04-14 01:42 PM
    I bet a lot of people are praying very very hard for their greencards.
    I would like to request them to invest in concrete steps. Give monetary support to IV. Form, or join, a local state chapter. Go meet a lawmaker or his staff. Call them up and talk to their staff. Pray only if you have done all or some of the above. As they say, God helps those who help themselves. Keep up your end of the bargain, and then ask God (of the Holy Flying Spaghetti Monster, or whatever) for help.


    Hear Hear

    Stop expecting someone else to get your results done! Pay - Join your state chapter - Volunteer! Stop whining about nothing happening and contribute in a tangible way to get something done!

    I was at one of my congresswoman's office yesterday. She gave us lots of advice on how to promote our message.





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  • chanduv23
    06-19 10:12 PM
    Here is another part of story.

    My PD was current back in 2004, this attorney/employer ignored my calls/emails from Oct to Dec 15. They filed my 485 during christmas week end, they screwed up something and USCIS rejected my application (thats what they say). Thanks to retrogession from Jan 2005. All my documents were ready by Oct. I would have had my EAD since 2005.

    De javu, again I am being mandated to file thru same attorney. I don't have problem paying more money for a good attorney and good service.

    I don't know if I am in a trap or something.


    I think u r in a trap here. I recently talked to a HR of a desi company and he clearly told me his boss does not want to file for 485 for all eligible applicants and is working on strategies to fool his employees into prolonging things till dates retrogress.

    U can choose ur lawyer, u don't have to let employer know u applying for 485 at all. Do not link ur lawyer and employer for any reason. Keep them both away. U already have 140 approved and u have nothing to lose.

    Don't fall into ur employer - lawyer trap



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  • shana04
    02-12 05:15 PM
    Friends,

    If any one needs AC21 letter format do let me know. I can give you the format.

    Good luck.





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  • chaganti
    07-31 10:12 AM
    Hi,
    Did any one got file# for I-485 who filed on July 02 2007 in Nebraska service center(Priority dates are current). If anybody got please let me know.

    Thanks,
    AC





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  • makemygc
    08-21 10:55 AM
    Who'z OP?

    Original Poster (OP)... a lingua franca for forums..





    anilsal
    12-26 10:25 AM
    a couple of months can call the customer service to at least get someone look at their files.

    Demand for visas exceeds the supply.





    desi_voice
    04-16 02:22 PM
    Hi aroranuj,

    US considers 16years of full time or equivalent of full time education as Bachelors degress(12yrs school + 4 yrs college/universit degree). Even Indian Bachelors of 3 yrs(12yrs school + 3 yrs coll/Univ) is not considered to be equivalent of US Bachelors.

    From what my attorney told me,

    1)16yrs of education(US Bachelors)/Indian 3 yr bachelors & 2/3years of Masters + 5 years experience qualifies for EB2 category.

    2)15yrs of education(India Bachelors) + 5 or more years of education qualifies for EB3 cateogry.

    3)Not sure of Diploma


    You have said you have 3 yrs diploma + 1 yr bachelors, I assume your total years of education is 14 yrs(10 yrs school + 3 years diploma + 1 yr bachelors/coll/Univ). This not even equivalent of Indian bachelors, you can substitute your job experience towards educational years. But I do not know whether that can be done for Diploma.

    What I have said is my opinion, personal view, please do not construe this as legal opinion. I suggest you consult a good education evaluation companies like Trustforte, Mulinational Education & Information Services to find whether your case will qualify for EB3.



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