god_bless_you
03-28 08:25 AM
I am a Chemical Engineer ( 16 years in India as a Senior Guy + more than 5 years in US )
I am a founder team member of a high technology advanced material company, created with the help from a VC & active support of local congressman. We literally reopened a closed factory in Ohio to start this R&D / manufacturing company. ( Politicians have been making a lot of noise to revive manufacturing economy in Midwest)
We have hired about 18 people till now & we are NOT an IT company
I was accorded honorary citizenship by the mayor of city of Clinton, MS in 1989 for my extracurricular activities but did not move to US untill 2000
For last five years I have been through this immigration circus & had to file L/C multiple times. Currently, I am not able to file I-485 & I am in my 6th Year of H1-B
PCS case is more useful as he is not purely from IT/Software
Every body else have misconception that retrogression -- backlog is affecting only software professionals(yes we are more number of affected people)
seems he is a senior mature guy and can represent our concerns corrctly., did one one from IV talk with him personally?
I am a founder team member of a high technology advanced material company, created with the help from a VC & active support of local congressman. We literally reopened a closed factory in Ohio to start this R&D / manufacturing company. ( Politicians have been making a lot of noise to revive manufacturing economy in Midwest)
We have hired about 18 people till now & we are NOT an IT company
I was accorded honorary citizenship by the mayor of city of Clinton, MS in 1989 for my extracurricular activities but did not move to US untill 2000
For last five years I have been through this immigration circus & had to file L/C multiple times. Currently, I am not able to file I-485 & I am in my 6th Year of H1-B
PCS case is more useful as he is not purely from IT/Software
Every body else have misconception that retrogression -- backlog is affecting only software professionals(yes we are more number of affected people)
seems he is a senior mature guy and can represent our concerns corrctly., did one one from IV talk with him personally?
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a.j.2048
02-15 07:17 PM
yea i hope USCIS completely cleanses the system and gets things back to the way it was pre - 2000
except for mayb 5% of the bodyshoppers ( i could be wrong as i'm not frm IT , have friends who tell me etc) rest all 95% commit fraud to some degree or the other
they need to be weeded out
Look, the H1 quota was not sufficient even when it was set at 115,000 pre-2000. It was only when it was set to 195,000 in 2001 that the quota exceeded demand. Now thanks to the report by USCIS last year, we know that about 20% of the H applications had fraud or technical violations. Even if you assume that the USCIS does a perfect job and catches this 20%, the quota that will be freed up won't be enough for the rest of the applicants.
The issues we face have less to do with fraud and more to do with the anti-immigration forces who dislike the 1965 immigration law. Claiming fraud, cheap labor, harm to the environment from increased population are just convenient means to couch opposition to permanent immigration in.
except for mayb 5% of the bodyshoppers ( i could be wrong as i'm not frm IT , have friends who tell me etc) rest all 95% commit fraud to some degree or the other
they need to be weeded out
Look, the H1 quota was not sufficient even when it was set at 115,000 pre-2000. It was only when it was set to 195,000 in 2001 that the quota exceeded demand. Now thanks to the report by USCIS last year, we know that about 20% of the H applications had fraud or technical violations. Even if you assume that the USCIS does a perfect job and catches this 20%, the quota that will be freed up won't be enough for the rest of the applicants.
The issues we face have less to do with fraud and more to do with the anti-immigration forces who dislike the 1965 immigration law. Claiming fraud, cheap labor, harm to the environment from increased population are just convenient means to couch opposition to permanent immigration in.
gccovet
05-02 08:31 AM
comparing India and US by GDP does not make sense.(it is like comparing heaven and earth ..but though US may be rich ..the question is are you becoming rich here ..which varies from person to person) actually when you make a decision to go back ..the question to ask if do I have a better future in India or US. India is growing but you have rotten, stupid, dumbF, (you can keep adding adjectives here) politicians ..just see the recent quota policy endorsed by none other than Manmohan singh.
but if you feel family ties are more important, children will get better education in India //then make a move. but it is one way street as far as US is concerned ..because it is next to impossible to come back and start over again ..the good thing is US is losing its sheen while India is getting better in terms of jobs and other countries are becoming more welcome.
for many ..quality of life in India is much better (in terms of social / party life) ..and I guess they know how to play the system. one of my friends who is a US citizen ..is completely relocating to Pune ..taking with him 20 years of savings / investment ..
All things in life has PROS and CONS. Hindsight is always 20/20.
I recently visited India Western and Northern) after 4.5 years. I was totally shocked.. India has become better and better. But all better comes with some bad too. Like staying in USA has the same as well good and bad.
Anyways, we all made choice (we were not pushed/forced) to come here. Again, it is our own choice to go back if we want to. Also, if life in US is better or India is better, cannot be judged as it all depends on each individuals thinking and position.
I can tell you about my sister(Real sister), she and her family moved to Mumbai in 2006 and came back two months back. Both Sister and Bro-in-law were doing great here(became US citizens 5 years back), they wanted to move just because of kids. They came back because of their kids.
IMHO let’s put this topic to rest.
Regards,
GCCovet
but if you feel family ties are more important, children will get better education in India //then make a move. but it is one way street as far as US is concerned ..because it is next to impossible to come back and start over again ..the good thing is US is losing its sheen while India is getting better in terms of jobs and other countries are becoming more welcome.
for many ..quality of life in India is much better (in terms of social / party life) ..and I guess they know how to play the system. one of my friends who is a US citizen ..is completely relocating to Pune ..taking with him 20 years of savings / investment ..
All things in life has PROS and CONS. Hindsight is always 20/20.
I recently visited India Western and Northern) after 4.5 years. I was totally shocked.. India has become better and better. But all better comes with some bad too. Like staying in USA has the same as well good and bad.
Anyways, we all made choice (we were not pushed/forced) to come here. Again, it is our own choice to go back if we want to. Also, if life in US is better or India is better, cannot be judged as it all depends on each individuals thinking and position.
I can tell you about my sister(Real sister), she and her family moved to Mumbai in 2006 and came back two months back. Both Sister and Bro-in-law were doing great here(became US citizens 5 years back), they wanted to move just because of kids. They came back because of their kids.
IMHO let’s put this topic to rest.
Regards,
GCCovet
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gc_on_demand
03-31 09:56 AM
I am watching visa bulletin for 1 years now and found that if it releases early around 8th to 10th of month then no good movement but if releases close to 15th .. like 13th or 14th then some very good movement.
more...
indigokiwi
03-09 12:38 PM
Pappu,
184 members and guests viewing this thread.
Do we have at least 150 people registered for the advocacy days in DC?
Over 200 members and guests now viewing this thread. If you have not done so already, please register to attend the advocacy days (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a-9.html#post2414471) and / or contribute financially (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904554-action-item-advocacy-day-contributions.html).
184 members and guests viewing this thread.
Do we have at least 150 people registered for the advocacy days in DC?
Over 200 members and guests now viewing this thread. If you have not done so already, please register to attend the advocacy days (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a-9.html#post2414471) and / or contribute financially (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904554-action-item-advocacy-day-contributions.html).
walking_dude
03-17 03:19 PM
With all due respect asking Bernanke to increase visa numbers of to do visa recapture is like asking a very successful lawyer to do a by-pass surgery.
Congressmen (senators included) make the law and President signs it into the law. President is also the head of executive (which includes USCIS), hence he is the boss of USCIS. Its basic civics 101.
Even if Bernanke is convinced 100% about your points, there is nothing he can do to help us. He doesn't make the laws, and USCIS has no reasons to listen to him (he isn't their boss). So what you suggest, my friend, is that we bark up the wrong tree, instead of approaching the right people - who are the only people who can fix our problems.
In America, people gets recognized when they offers a solution for a problem faced by the country. Whiners are (who write to Bush or Senators) do not get noticed nor are respected.
Congressmen (senators included) make the law and President signs it into the law. President is also the head of executive (which includes USCIS), hence he is the boss of USCIS. Its basic civics 101.
Even if Bernanke is convinced 100% about your points, there is nothing he can do to help us. He doesn't make the laws, and USCIS has no reasons to listen to him (he isn't their boss). So what you suggest, my friend, is that we bark up the wrong tree, instead of approaching the right people - who are the only people who can fix our problems.
In America, people gets recognized when they offers a solution for a problem faced by the country. Whiners are (who write to Bush or Senators) do not get noticed nor are respected.
more...
byeusa
07-11 10:44 AM
I did call USINPAC too and left a earful on their voice mail.Looks like they are all busy at this time figuring out which is the next item/development around the world that they can take credit for.
My friend who called USINPAC this AM tells me that that fraud Sachdev is right now in India. Wow wow.....
My friend who called USINPAC this AM tells me that that fraud Sachdev is right now in India. Wow wow.....
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Maverick1
11-08 05:06 PM
Lets all pledge that we will work towards a world that will not have any religions like Christian, Hindu, Muslim ..............
There will be only 2 religions
(1) man
(2) woman
...and that religious war is going to be brutal !!! :) :)
There will be only 2 religions
(1) man
(2) woman
...and that religious war is going to be brutal !!! :) :)
more...
maverick_joe
01-04 03:07 PM
If u guys are staying in an apt make sure u have both urs and ur wifes names on the letter box, since the EAD comes with a return service requested seal on it, if ur wifes name does not show up on the letter box there are chances that it would be returned to USCIS. this happened to me.
Best of luck.
Best of luck.
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chanduv23
10-11 09:44 AM
So many "I will try and keep you posted". So what is the story here? R u all making it or not?
more...
GCVictim
08-20 10:36 AM
Is there anyone who went out of US with old AP and returned with new (renewed) AP?
Please share your experience.
Thanks.
Please share your experience.
Thanks.
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pappu
02-25 09:52 AM
has anyone noticed lately, ever since the July 07 fiasco... there hasn't been anything on radar from IV..what's happening..not trying to belittle efforts from IV..but guys most of us are waiting to hear from you..
Incorrect. Please go back and see old threads for action items. Just because you do not see any action item right now, you cannot flush down all our hard work in the last 2 years. You are enjoying your 2 year EAD because of the hard work of our Admin fix campaign in 2008. Please stop blaming the organization. If you wish to lead it, come forward and take charge of your state chapter as a start, lead and deliver results. IV is everyone and each member's responsibility.
Incorrect. Please go back and see old threads for action items. Just because you do not see any action item right now, you cannot flush down all our hard work in the last 2 years. You are enjoying your 2 year EAD because of the hard work of our Admin fix campaign in 2008. Please stop blaming the organization. If you wish to lead it, come forward and take charge of your state chapter as a start, lead and deliver results. IV is everyone and each member's responsibility.
more...
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lazycis
12-07 11:48 AM
Folks I wish your suggestions would be helpful, but I have taken 3 infopass appointments, and to my badluck, everytime I visit I meet the same old-fat-lady who now happens to remember me, and says, "Didnt I tell you last time that blah blah blah ", believe me, she was not willing to even accept request to send interim ead , she gave some reason that NSC outsourced callcenter work to contractors who dont know what they are saying and send us to local office to request interim EAD. She says my FP for ead was done only in Nov(my 2nd infopass resulted in 2nd FP) so it will take 4-6 weeks after that to get EAD. Anyways I will take your advice for a 4th infopass next week.
Print that USCIS memo (see page 1) and insist that they follow procedures outlined in the memo. They required to provide you a written notice that they followed the procedures. Do not leave until they give it to you in writing. If they refuse, ask for their names and write them down. Ask them for a written notice that they refuse to follow the procedures from the memo. Try to be polite, even though it is hard during infopass, I know :) I know how frustratiing it can be when you go for infopass appointments, but be persistent and talk to the supervisor.
Print that USCIS memo (see page 1) and insist that they follow procedures outlined in the memo. They required to provide you a written notice that they followed the procedures. Do not leave until they give it to you in writing. If they refuse, ask for their names and write them down. Ask them for a written notice that they refuse to follow the procedures from the memo. Try to be polite, even though it is hard during infopass, I know :) I know how frustratiing it can be when you go for infopass appointments, but be persistent and talk to the supervisor.
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roseball
02-11 05:21 PM
Even if the Labor cert says "Masters" then as long as you had BS + 5 years experience before you filed for labor, to qualify for EB2, this should be ok.
This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.
Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.
Now coming back to the OPs case, I observe the following from the information posted so far:
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
- USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.
Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.
Now coming back to the OPs case, I observe the following from the information posted so far:
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
- USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
more...
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chanduv23
11-08 12:33 PM
Someone gave me a Red and posted this message "by promoting hatemongers - you promote hate" - I would like to know in what way I am promoting hate?
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nrk
08-11 01:17 PM
Don't worry rangaswamy, most likely your date will be current in the coming months (before december 2010 for sure)
good luck
Thanks for the info. I went and pulled up the 9089 filing and just saw that the filing date was 15th may 2006, the expiry date was 3/31/2008 and hence i might have incorrectly assumed that the filing date was 2 years before that.
Sucks! i missed the cutoff by a week
good luck
Thanks for the info. I went and pulled up the 9089 filing and just saw that the filing date was 15th may 2006, the expiry date was 3/31/2008 and hence i might have incorrectly assumed that the filing date was 2 years before that.
Sucks! i missed the cutoff by a week
more...
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Jitamitra
07-19 04:16 PM
I think most important things you need to consider: (Considering the fact that PD will be pushed back to stone ages in September Bulletin)
a) Hope that your I-485 Application is not approved before your PD becomes current. If this happens, it's a royal screw up until your wife keep's her own status (F1, H1).
b) Earlier, it was predicatable when your PD would become current and it allowed most of the folks to add their spouses at later time.
c) Bigger question is whether they would process on the basis of PD or RD. I think it's unfair to do it on basis of RD as most of the people would be jumping lines. Currently it's done on the basis of RD, but USCIS might change their SOP because of this July VB Fiasco.
d) As others suggested, make sure to maintain your H1B status as long as possible without invoking your EAD. This way, you can continue to keep your wife on H4 status (Unless she can keep her own status for atleast another 2-3 years).
I am in the same boat with EB-2 PD of Aug 2005. My spouse is outside US to get her F1-H1B stamping as her OPT Expired few weeks back.
Hope, USCIS would allow filing for dependents at a later stage even your PD is not current. :confused:
a) Hope that your I-485 Application is not approved before your PD becomes current. If this happens, it's a royal screw up until your wife keep's her own status (F1, H1).
b) Earlier, it was predicatable when your PD would become current and it allowed most of the folks to add their spouses at later time.
c) Bigger question is whether they would process on the basis of PD or RD. I think it's unfair to do it on basis of RD as most of the people would be jumping lines. Currently it's done on the basis of RD, but USCIS might change their SOP because of this July VB Fiasco.
d) As others suggested, make sure to maintain your H1B status as long as possible without invoking your EAD. This way, you can continue to keep your wife on H4 status (Unless she can keep her own status for atleast another 2-3 years).
I am in the same boat with EB-2 PD of Aug 2005. My spouse is outside US to get her F1-H1B stamping as her OPT Expired few weeks back.
Hope, USCIS would allow filing for dependents at a later stage even your PD is not current. :confused:
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chandrajp
06-18 11:52 AM
Another important question is: Will USCIS allow AC21 without an approved EAD?
When you send all the relevant documents to invoke AC21, there is every possibility for the officer to check whether you have an approved EAD or not. In that case there might be a problem. I may not be correct. But to switch to a new employer, you definitely need a EAD card. I switched employers. My new employer asked for work permit(EAD in this case)
Note : Please check with your attorney, I'm just one like you and this is my experience
When you send all the relevant documents to invoke AC21, there is every possibility for the officer to check whether you have an approved EAD or not. In that case there might be a problem. I may not be correct. But to switch to a new employer, you definitely need a EAD card. I switched employers. My new employer asked for work permit(EAD in this case)
Note : Please check with your attorney, I'm just one like you and this is my experience
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chanduv23
11-08 11:35 AM
good point. let's start doing it then...
just my opinion..but festive occasions bind us as a community and yes that includes Eid and Christmas and the Chinese new year.
Diwali celebrates the victory of good over evil, let's hope we can all bask soon in a festival of lights by getting some relief from retrogression....
actually...and this is just me nitpicking now...Diwali is technically a Hindu festival not an Indian festival (since 20% of Indians are not Hindu), so the complaint may be more accurate if you point to the religious aspect...
Of course it is widely celebrated in India...and the UK and going by the White house greetings and the huge melas ...in the US :-)
Chinese new year is a optional holiday and is celebrated with pomp in Las Vegas in honor of the huge gambling community that visits Las vegas from China
just my opinion..but festive occasions bind us as a community and yes that includes Eid and Christmas and the Chinese new year.
Diwali celebrates the victory of good over evil, let's hope we can all bask soon in a festival of lights by getting some relief from retrogression....
actually...and this is just me nitpicking now...Diwali is technically a Hindu festival not an Indian festival (since 20% of Indians are not Hindu), so the complaint may be more accurate if you point to the religious aspect...
Of course it is widely celebrated in India...and the UK and going by the White house greetings and the huge melas ...in the US :-)
Chinese new year is a optional holiday and is celebrated with pomp in Las Vegas in honor of the huge gambling community that visits Las vegas from China
unknown123
03-24 12:53 AM
I recently got an RFE to prove that my Master's degree is a three year course (and not a two year program) because the degree and the combined three year transcript don�t specifically state that it was a three year program.
I have three year of Bachelor�s (BSc) and three year of Master�s (MCA) education, which was used to qualify for EB-2. I also have more than 10 years of experience in a related field.
Unfortunately, I only have a combined three year transcript with a list of all the courses completed as part of program (Year 01, 02 and 03) and not three separate transcripts for each year of the program.
I also have an education evaluation to prove that it is equivalent to MS in USA, which was submitted with the original application.
I recently obtained a letter from the University stating that it was three year degree program with year of joining and completing the exam but my attorney strongly recommends on getting transcripts for all the years individually, which may not be feasible to obtain in a timely manner. She is not willing to do a fresh education evaluation and to respond the RFE without transcripts of each session/year.
I know lot of my friends have successfully got their I-140 approved with a combined three year transcript from same University.
What are my options? I need a second opinion and a possible representation, if required.
RFE has to be responded by March 22, 2011
I have three year of Bachelor�s (BSc) and three year of Master�s (MCA) education, which was used to qualify for EB-2. I also have more than 10 years of experience in a related field.
Unfortunately, I only have a combined three year transcript with a list of all the courses completed as part of program (Year 01, 02 and 03) and not three separate transcripts for each year of the program.
I also have an education evaluation to prove that it is equivalent to MS in USA, which was submitted with the original application.
I recently obtained a letter from the University stating that it was three year degree program with year of joining and completing the exam but my attorney strongly recommends on getting transcripts for all the years individually, which may not be feasible to obtain in a timely manner. She is not willing to do a fresh education evaluation and to respond the RFE without transcripts of each session/year.
I know lot of my friends have successfully got their I-140 approved with a combined three year transcript from same University.
What are my options? I need a second opinion and a possible representation, if required.
RFE has to be responded by March 22, 2011
vinodp1978
06-28 01:20 PM
Yeah . In that case will I get an EAD if 485/140 is filed and 140 is pending? My h1 will be expiring on Feb,08. Please advise.