Monday, June 20, 2011

gareth gates 2010

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  • 485Question
    10-11 04:29 PM
    We are working for the better legal immigration system for the people who are suffering, including like yours.

    Welcome and support us.





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  • gc_chahiye
    09-26 04:59 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

    this is indeed problematic. I hope someone comes up with a good workaround, the only thing I can think of is:
    - start another PERM asap.
    - go ahead and respond to the RFE trying to explain what you have mentioned here. It'll be hard as technically you got your degree in 2002 (ie. you completed all the rquirements and got the cert)
    - if you get a denial, file an appeal, that buys you some time.
    - 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

    I dont know if doing an MTR on the 140 will also keep your EAD alive...





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  • rajbgp2002
    04-02 01:48 AM
    fax sent





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  • PD_Dec2002
    05-29 04:07 PM
    Posting this since almost every thread has the question about the cut-off date after which all LCs or I-140s will be invalidated.

    http://www.ilw.com/articles/2007,0530-endelman.shtm

    Excerpt from "http://www.ilw.com/articles/2007,0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).

    ... ...
    Wait, there is more! The end of employer-sponsored immigration and the inauguration of the points system do not take place at the same time. No kidding, there are two different dates when the old is no good and the new becomes available. If you can contain your excitement and read the finer points of Section 502(d)(1) of S. 1348, you will discover that the point system does not take effect until the first day of the fiscal year following enactment, unless (and there always is one) this is less than 270 days. What then? Not to fear. In that case, the point system does not "go live" until the first day of the FOLLOWING fiscal year. Keep reading! The point system in clause (1) is made expressly subject to clause (2) which has few surprises in store. It is not for the uninitiated or the faint of heart. These tender souls should protect their blood pressure and keep on reading. Pursuant to Section 502(d)(2), only those employment-based immigrant petitions on Form I-140 filed before the introduction of S. 1348 on May 15th will remain valid and serve as the basis for an immigrant visa after enactment. So what, you say? Well, suppose that President Bush signs the bill on September 10th 2007. That is the date of enactment. Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
    ... ...

    Thanks,
    Jayant

    http://www.ilw.com/articles/2007,0530-endelman.shtm



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  • anilsal
    07-20 11:00 PM
    Please use this thread to track your NSC EADs (e-filed). ****No Paper based filing details here****

    * Please do not ask questions about your case.
    * Only E-Filings should be tracked on this thread. Please use the other tracker threads.
    * Provide details about your filing date, FP notice, FP, RFEs and approval dates here.

    Additionally, do consider the "High Five" Campaign.
    http://immigrationvoice.org/forum/showthread.php?t=20183

    Other Trackers:
    NSC EAD Paper: http://immigrationvoice.org/forum/showthread.php?t=20345 (http://immigrationvoice.org/forum/showthread.php?t=20344)
    TSC EAD E-File: http://immigrationvoice.org/forum/sh...ad.php?t=20346 (http://immigrationvoice.org/forum/showthread.php?t=20346)
    TSC EAD Paper: http://immigrationvoice.org/forum/sh...ad.php?t=20347 (http://immigrationvoice.org/forum/showthread.php?t=20347)

    NSC AP: http://immigrationvoice.org/forum/sh...ad.php?t=20349 (http://immigrationvoice.org/forum/showthread.php?t=20349)
    TSC AP: http://immigrationvoice.org/forum/sh...ad.php?t=20348 (http://immigrationvoice.org/forum/showthread.php?t=20348)





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  • girishvar
    07-19 06:17 PM
    1.Apply for new H1 petition(premium processing) for you before July 31.
    2.On approval send the H1 papers to your wife so that she can get H4.
    3. On her entry to USA apply for her I-485.

    Then you can live happily together in america.

    P.S: Even when you have used AC21, in hindsight you should have got H1B instead of using EAD.



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  • HV000
    02-13 12:18 AM
    Thanks Shana for AC21 Format!! Is there any way to find out LC information for RIR applications?? I know PERM LC info. is posted on foreign LC website.





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  • Pineapple
    12-26 04:35 PM
    First of all, not everyone here is from India. Second, not everyone here is from programming/IT background. It is easy to make that assumption, but believe me, there are plenty of non-indians, or non-IT people, and even non-Indian, non-IT people here. :D

    For these, what is or is not happening in Bangalore is completely irrelevant.
    Second, people who are still here have already decided where they want to be. (Which is why they are on the forum in the first place). People change countries for more reasons than just following the next IT boom.

    Anyway, regarding impact on opportunities here, there is a common misconception that companies have unlimited access to talent in other countries, and the only limiting factor is the quota of H1B visas.
    Not true, by a long shot.
    To give a simple example, our company is looking for people in Australia, Denmark, Finland, Canada and UK since the pool of qualified people in India has dried up in our field. Can anyone guess where is the biggest talent pool? Nope, not in Bangalore, its right here in USA!! Not all companies are looking for the cheapest person. They are looking for the best person. And in many cases, the best person is already here, and has gathered more experience over the years working for US companies. But they cannot hire her, simply because she is on a visa and thereby beholden to another company. If she had a GC, that would free up the talent pool and thereby make many companies less reliant on H1Bs. Increasing GCs for EB candidates has the same effect as increasing H1 quota, with the added benefit of making the cream of the crop available and reducing the uncertainty and hassle of hiring an H1.

    When you outsource, you lose this talent pool which is already sitting in your backyard. You may still outsource, of course, but the most cost effective solution would be to hire the top talent already here. This is especially true in professions which do not work very well in outsourced situations, like business consulting, marketing, management etc.

    This is why it is in the best interest of companies to support EB GCs.



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  • raysaikat
    07-19 06:47 PM
    Why do you think I should go for a new H1? I can always call my wife on a visitor visa. She can stay on a visitor visa in US for 1 year continuously. So why bother for an H4?

    Unless there are some other advantages of H4 which I am missing?

    She may not get a visitor's visa. Visitor's visa requires non-immigration intent, just like F-1. In your case, there is a very clear intent to immigrate, which may disqualify her from getting a visitor's visa.





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  • svr_76
    03-11 10:38 PM
    Are any of these happening with you ? If so report to USCIS.
    If not, why do you assume it happens with others.
    Does it make you feel better ? Or are you a follower of Mahatma Gandhi/Mother Teresa that you earn justice to be done to others not you ?

    I know the motivation behind your arguments. Do I need to mention it ? everyone on this forum understands that.

    Don't be so selfish.

    You are acting paranoid. Let me know what you expect as a reaction to the requirements asked by Consulate-

    1. Would you be happy if I say it is not legal for consulate to ask for such documentation?

    2. Do you want me to call them names?

    3. Would it be better for me to state that they are racially motivated and discriminating against Indians?

    4. They should cancel all documentation requirements?

    Anyways....I earn 64k per year and I want to take benefit of the mortagage crisis and buy a 900k home. I want the banks to continue with their past practice of providing cheap loans with no down-payment and not a lot of documentation. Would that be a valid demand?

    Fellow legal immigrant..what do you think would be result of ICE raids which finds some fraud (I said some not to indicate that it happens in majority cases...it could be less than 1% of all the genuine cases). As software engineers what do we do when we find defects during testing or post production stage? Do we fix it or we try allow it continue?

    I dont know what response you are trying to solicit?

    All the folks who came here ..in early 19th century didnot have to deals to employment based and family based immgration...hell they just landed and assumed citizenship...but does it mean that we use that as an example as seek citizen ship today? No....rules, laws change over-time..and amendments happen to make it better for the buyer's end.



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  • walking_dude
    11-21 03:15 PM
    You have some very valid points about community (non)participation in your post.

    I understand your point about having another rally. Make no mistake - IV core has no problems with planning and conducting another rally. So it's not a big issue to get them to agree. I can push IV core, and get another rally. Bigger issue is how many are going to turn up? If it's just 100-200 of us same-old folks, there is no point.

    Last year when we were bouyed by the success of July VB reversal, it was estimated that at least 10,000 would turn up. But, only 2000 did. I don't know how many will, if we hold another few months from now?

    IV can sponsor more ACTION (items). But what's point, if there is not enough participation? First step is the community needs to step up and make existing action items such as FOIA requests for backlog numbers, AC21 action items successful. This will motivate IV to launch more action items. No organization would want to be seen running too many campaigns with liitle or no community participation.


    We need the IV core team and the administrator to guide some big rally's. Guys nothing will happen until we are bold about our intentions.
    I noticed everyone comes up with their different ideas, but no one works to implement it. We need to stand together and do something big, when was the last time we had a big rally?

    And how many people actually showed up? Desi's wants everything fast and free, the problem is lately IV thinks too much and has less of ACTION





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  • Lasantha
    12-26 02:51 PM
    EB2 visa numbers are not given to EB2... Are those number given to EB3 ROW ?

    Did you mean "EB2 ROW Unused visa numbers are not given to EB2 India and China... Are those number given to EB3 ROW ?"

    the bold text is my addition. If that's your question, I am curious about that too.



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  • shiankuraaf
    11-25 12:50 PM
    Great Job..... I am eagerly looking for the release of the BL report.





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  • snathan
    07-06 11:10 AM
    ^^^^^^^^^^^^^



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  • TwinkleM
    02-17 10:13 PM
    @ Saggi13, When did u file your I-140 & when was it approved? Does your situation mean that they have started processing your case?





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  • cygent
    07-24 02:59 PM
    Can someone answer my question?

    Thank You!



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  • kumarc123
    08-22 01:41 PM
    NJIT

    As much as I would like this bill to become law, the fact is it "Won't". The reason being the terms laid out in this bill are way to general, which will enable anyone who has done Masters from US to get a green card. Think about it, the amount of competition it will raise for both US citizens and other immigrants.

    At this point, I am very skeptical about this bill gaining any success in the future, however we should focus our efforts on the recapture bill.

    Thanks





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  • pappu
    12-01 09:00 AM
    I have my Automobile and Home insurance through Amica. But they declined to give me a Life Insurance Quote because i am not a citizen or a GC holder. They are ready to insure the cars I drive and the house i live in, but not me.

    I am not too happy with this scenario and i have sent an email to them asking reasons on why they cannot accept my life insurance. After all i will be paying them right. If i dont get a valid response from them i will be going to somebody who is not impartial to Resident Aliens (PPL on Visas)

    May be another point to add to our Debate.
    Go to know this. Has anyone experienced problems with health insurance too. Especially health insurance taken by individuals themselves rather then provided by employers?





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  • realizeit
    02-11 10:34 AM
    I personally think Mr. MPADAPA's assumption is wrong. Last year (2008), the spillover came from Family quota of 2008. Spillover from Family or Employment quota of a particular year cannot be given to the following year. So the fact that there is nothing left from the family quota of 2008 doesn't change any situation here.

    So, this year the spillover that Employment category can get from Family quota will be the unused numbers of 2009 Family quota.
    This is just my thought!

    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.





    tonyHK12
    04-29 03:23 PM
    So ? What is it got to do with my comment or immigration?

    The sentence was not directed at you specifically or your comment





    crystal
    07-08 01:24 PM
    Gnadhigiri on http://www.immigration-law.com/



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