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  • dummgelauft
    01-25 03:09 PM
    So their punishment is getting to live on an island in the south pacific? Sounds more like a reward... :D

    the keyword is "Un-Inhabited"..





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  • apt7
    05-29 05:36 PM
    So if I'm understanding it correctly. For all the ones who applied for I-140 after May15th 07 all there petitions will be cancelled or revoked? I really that should come from the USCIS as a amendment and not from a news or a blog. I have been browsing the website and yet to find it. Can someone help me out with the exact text from USCIS? :mad:

    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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  • paskal
    08-24 01:16 PM
    I see everyone firing at each other (junior members, members, senior members, moderators and super administrators).
    Here are my two cents to keep yourself calm, composed and dignified
    1) Empathy will win friends and support
    2) Sympathy you will have only when someone is humble and meek
    3) If you lack both the society will ignore you


    PS: In a fight the weak always get support, the big and strong are on their own. if they lose no one to cheer them up nor comforts.

    Ladies and Gentlemen, you are the only one who can make your choice.



    personally i would close this thread if i did not feel it was unfair to the orginal poster.... there has been lack of civility from everyside. One rude poster, against whom there were several complaints. but even after he departed, iv bashing continued, and the pretexts are amazing. "it's an open forum" sure it is "no one should ask for contributions" really? what's an open forum? i believe the rudeness of the requests hurts our cause, but he is member like everyone else and can ask people to contribute if he wants- albeit without personal attacks which are against the forum guidelines.

    btw there is a difference too between just contributing money and contributing in general. but one takes money the other takes effort and no one can apparently spare either!

    there are 22,000 + members. everyone needs to understand that such a forum has all kinds of people and responses. grow up people, have a thicker skin and deal with it. no moderators or the forum has "abused" you. further it amazes me to hear that regulars who spend a ton of time on tracking threads claim to not know the organizations goals (on the front page!!) and want the core team to come explain. if the core team spent time trolling tracking threads to do that and police every piece of rude talk there would not be a forum. because...the forum only exists as part of a grassroots organization that is fighting retrogression. after the flower campaign and san jose rally, after july 17, if you are still "waiting" to be convinced, well congress is not waiting, the election cycle is not waiting and certainly retrogression is not. so maybe...if we fail...let's all wait...till 2013 as the democrat leader says...for any reform...will that be enough time to convince people living in NJ to ride up to DC and stand up for themseves?





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  • dineshksharma
    07-14 01:45 PM
    Hi Dinesh,

    I am a physician myself who served j1 waiver and on AOS from 7/07. My son is a going to be a senior in High School this year. Why did you have a problem with state college apps on AOS/EAD?

    Most of the state colleges, (In my case, none of the state colleges), including under-grad and medical schools, will accept application, if you do not have GC/ US citizenship. I tried, wrote letters, but of no use.
    You can apply and get admission in private college, which of course cost much more.
    Also, we were not able to take any federal loans.



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  • abhijitp
    07-08 11:29 AM
    NBC news is old one on youtube and i rated 5 stars, but i think green card(other one) is new and awesome. rated 5 stars.
    This new one is an excellent work of satire, and I had the power and the money, I would try to show it on every TV channel like a TV commercial... terse and poignant... this is the kind of thing that can spread the news like wildfire.





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  • kartikiran
    12-28 09:39 AM
    For AP renewal, do I need to send photos by mail again? I thought USCIS uses the picture on file. Folks please correct me if I am wrong. Could some one PM me the letter format?
    Appreciate your help
    Yes. Send 2 photos with your name and alien # written on the back.



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  • BharatPremi
    11-06 11:19 AM
    Arent you concerned that if its approved on Oct 1, and you didnt get it, then where is it? Did you ask them as to why you havent gotten it in mail even though it has been approved a month ago? Also, did you check with your lawyer if he got anything?

    It was approved on 10/1*/2007 not exactly on 10/1/2007. I was concerned and I asked her. What she told me is that once case is approved it generally takes around one week to get that mail out from mailroom and once it is out of mail room then generally it takes 2 weeks to get the mail for you. So calculating that I thought I should get that within a day or two. ANd another thing she told me is that once mail is out from USCIS mailroom then USCIS does not have any control or tracking mechanism so I do not have any choice other than waiting for mail...And yes I have just shooted an email to my lawyer. What do you advise?





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  • burnt
    05-31 10:35 AM
    Done - For me and my spouse



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  • BharatPremi
    11-30 05:10 PM
    IV Team,

    Thanks for this much eagerly waited update. Now I can again start quoting Shakespeare's famous quot "What's in a name?" again





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  • Aah_GC
    07-25 11:19 AM
    A lot many can empathize with you. But if you are looking for relief - you ought to take responsibility for how you feel. You already understand the forces of nature - you will get your GC when it's your time. If anything your needless frustration and forceful attempts are only interfering with the energies that have made your PD current.

    Just relax - get some exercise, eat well and participate in things that lift your soul.

    Good luck!



    I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.



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  • amit_p27
    06-26 12:36 PM
    Ok all this Dharmic moralistic talk was highly unwanted.

    Congrats on the news and thanks for trying to be united.

    you are most welcome :)

    god bless you !!!!!!!!!





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  • funkmaster
    04-03 01:00 PM
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  • scorpion00
    06-16 11:26 PM
    I support this campaign and will act upon any action item.One quick question, is the visa revalidation only for people who already hold H1 visa stamp on passport or COS from F1-H1 also falls in the same category?





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  • Ram_C
    11-09 02:12 PM
    Maybe USCIS thinks that our cases mayn't become approvable within the next 15 months. This is just my theory, because I see lot of people have got FP but with early PD's

    this might not be true, because I personally know about 7/8 applicants with PD of 2007 (I-140 pending) and received thier FP notices.



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  • wahwah
    06-05 02:59 PM
    andy garcia,

    its not about reading it 10 times....but you're incorrect - read this portion in the memo dont just blindly read the "must be approved I-140 portion" of the memo.

    it clearly says that the new memo is not any different from what was said back in 2005. here is the excerpt from the new memo:

    In order to be considered valid, an I-140 petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a portability request made under INA � 204(j).

    The holding in this decision is consistent with the guidance previously provided in the answer to Question 1, Section 1, on page 3 of the December 27, 2005 memorandum entitled Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313).

    and by the way...here is the Q1, Section 1 page the memo is talking about....

    Question 1. How should service centers or district offices process unapproved I-140
    petitions that were concurrently filed with I-485 applications that have been pending
    180 days in relation to the I-140 portability provisions under �106(c) of AC21?
    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
    been pending for 180 days or more, the following procedures should be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence
    establishes that the case is approvable or would have been approvable had it been adjudicated
    within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
    relating to a time after the filing of the petition, approve the petition on it’s merits. Then
    adjudicate the adjustment of status application to determine if the new position is the same or
    similar occupational classification for I-140 portability purposes.[/I][/I][/I][/I]


    You can read it 10 ways, but the CIS has only one interpretation(see bold below).

    An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.





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  • pointlesswait
    11-19 02:28 PM
    a self serving proposal..

    MS is just a pretext for many who are here. MS is worthless if you are a software engineer.. you don't need MS to be coding in Java or .NET...

    MS from some vague sidey backstreet community college cannot be compared to MS from other better off schools.

    your proposal is distracting from the main agenda. CIR or other relief measures.







    In the same lines as H1B, could we look into if its possible to add a quota for US Masters degree holders irrespective of country of birth for green Card also. This would be in addition to the existing Employment based quotas.
    Does anyone know how they added 20k H1B quota for Masters degree holders? Who sponsored that bill? May be we should talk to the same people.

    I would think there would be a little less resistance for this? This would ease the pressure on both EB2 and EB3.

    I dont know if this has been previously looked at. I know there were talks of excluding these people from quota all together.



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  • help_please
    07-13 11:14 PM
    :confused: I found the information regarding both the senate and house bills on AILA's website. From my understanding, they are going to attach this version of the bill...hopefully, without any changes. I'm keeping my fingers crossed. :)





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  • matreen
    08-15 03:01 PM
    Two things I would like to mention here:

    First, a possibilty of an RFE for your laetest Employment Verification only arises when certain red-flags are raised. Among them are:

    1.) Address on file (which has changed after filing I-485) is in a different state from the place of employment. Now I am sure the officer knows that DC and Virginia/Maryland or NH and MA are different states but still they can be daily commuter workers sou could be spared.
    I have seen more than a bunch of folks getting RFE's for this specific reason.

    2.) Long time (upto the discretion of the CAO..but I feel it is more than 18 months) has passed since the I-485 has filed.

    3.) Any other history of excessive job-hopping.

    Please pitch in if you know any other substantive reason.

    Second,

    For the job description from the new employer: I would say put whatever the new employer says but make sure ...for sure to copy paste two related sentences from your old job desc. into the new one to be the first bullets in the description.

    I had changed jobs using AC21, used EAD, moved to a different state (5-6 states apart, i.e not a daily commuter) had a slightly different job title. Oh I was so sure that I would get an RFE ...I made sure I sent the AC21 docs against the advise of my attorney (he wanted CIS to send the RFE, made no sense as that would have literally wasted time and my money ;))...and did all the things that I just said about the new EVL...and got the I-485 approved without any issues.

    Go ahead and make the best of AC21!:)

    IntheMoment,

    I am in similar situation, I have already changed my job after 180 days of filing my 485 (140 approved) and working with a small consulting company. Currently where I am working client willing to hire me as a fulltime employee with the same titile and giving me the supporting letter with the same job duties mentioned in my LC (I have added few more technologies it).

    Even my attorney says the same, no need to inform CIS - when we get the RFE we will see.

    Can you kindly let me know all the documents I need to gather and what I need to request from new employer in order to submit AC21 bunch to CIS.

    Here are job discriptions with titles.

    Old Employer.
    Title: Computer Systems Analyst.
    Analyze systems requirements, procedures & problems to automate process. Write description of user needs, program functions & steps to develop and modify systems. Script, design, modify, code, debug, test & document applications systems & solutions. Deploy & maintain developed technology. Engaged in disaster recovery. Use Windows, Unix, Linux, LAN/WAN, SQL. VB & Perl Scripting, IBM RS 6000 & E-servers, Dell/EMS SAN Storage.

    With New Emaployer
    Title: Systems Analyst
    Analyze systems requirements, procedures and problems to automate process. Write description of user needs, program functions & steps to develop and modify systems. Debug, Script, Modify, Design, Test and document applications systems & solutions. Design and deploy the backup solutions. Deploy and maintain developed technology. Engaged in disaster recovery procedures. Used technologies Windows, Unix, Linux, LAN/WAN, MS SQL, MySql, VB & Shell Scripting, Dell PowerEdge Servers, Dell/EMC/NetA pp SAN Storages, Dell PowerVault Tape Libraries.

    Note: I will be getting a offer letter from new employer, what all I need to mention in the offer, please help me.

    Appreciate you prompt reply. I have meeting with my manager with new employer (client).





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  • rsrikant
    08-10 10:26 AM
    Many of them were not confident of clearing labour on their own credentials ( BSC Zoology, BBA, BCOM etc..) or probably wanted to jump the line.

    don't you think they will face problems in 140 if their education doesn't match that in labour... its not as easy as you told..
    jumping the line part i understood. but the first part of your quote is not true...





    rockstart
    04-21 03:13 PM
    Trust me there is no way you can sell a diploma as equivalent to degree program. I mean all people can do is if they have 3 Yr BSc + 2 Yr MSc they can hope that CIS accepts it as equal to 4 Yr BS degree. I have seen cases of AMIE candidates rejected stating that US does not recognize AMIE. Now in these two cases atleast their home countries recognize their degrees, In your case India govt will also classify you as diploma holder and not degree holder. Also how can you add 1st year BCom with Hotel Management diploma I mean they are 2 completely different streams?

    Here is a solution that I would have done if I was in your shoes. If you have enough time on your H1 then please enroll into a community college or University and try to get a US bachelor degree. I am sure your diploma will help you to get waiver for some courses so that will save time. Also taking evening classes will let you keep your current job. I know it is tough but that is pretty much the best alternative you have. USCIS has clearly stated that your diploma is not equivalent to US degree. I mean even the best evaluation agency can do is compare India degree program to US degree program how can you compare diploma to degree


    HI

    The minimum educational requirement for the diploma was 10+2. However I did 1st year of BCom out of choice before enrolling in the 3 year diploma. The diploma was for hotel management from a Govt Funded/recognized institute with nationwide entrance tests. DOnt know their acceptance rates but it falls under the umbrella of the Ministry of Tourism.

    I think in the denial letter the officer is accepting that I have an equivalent of a bachelors degree but is still denying it. My attorney thinks that he might be mistaken & might have processed the case as EB2 instead of EB3.





    gk_2000
    08-23 03:03 PM
    Suppose I have an approved I-140 in EB3, and I ask my employer to port to EB2, and the EB2 i-140 gets denied. Does it result in losing my PD?



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