Friday, July 1, 2011

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  • knnmbd
    05-03 12:39 PM
    GreeNever,

    The only clarification I would make over Knnmbd's interpretation is that as long as you have a US master's degree or higher, the "3 years work experience in a related field" restriction will not apply. If you read section 201 carefully, you will see that the difference between items 1 and 2 is that item 1 refers to US advanced degree holders while item 2 refers to advanced degree holders (resumably non-US educated). The 3 year restriction only applies to those who fall into item #2.

    So, if
    a) you have a MS from a US university, you and your immediate family (spouse and minor children) will not be subject to the 3 years restriction and will be exempt from the Visa Cap
    b) you have a masters or higher from an acredited non-US university, then the Visa Cap will not apply to you and your family, but you shouldd have worked in the US in a "related" field for 3 years.

    My question to everyone:
    Will folks in section 201 be required to get a Labor certification? If not, then this will provide relief to a lot of us stuck in the BECs.

    Knowledgeable folks, please comment.

    REMINDER: Any such bill is still MANY months away from seeing the light of day, if at all. BUT, favorable bills such as these give us hope.


    GreeNever,
    Thanks for the correction. U.S Master's in STEM means there is no need for the 3 years experience.
    With regard to LC, there was some talk in PACE and TALENT of a blanket LC for U.S degree in STEM, but that seems to me missing here. But in the larger context of things, who really cares if with a U.S M.S degree you need to just go through PERM and then you are all set without the hassle( or should I say torture) of the retrogression. This is a �WIN WIN� situation for a lot of people if SKIL goes through.

    There is no surprise as to why the Advance degree + 3 years (or no 3 years required in case the advance degree is from a U.S university) clause has found its way into PACE, TALENT, SKIL and was not to mention the failed CIR bill. The bottom line is that there is a sudden urgency to reintroduce the charm of pursuing higher education in the U.S. This benefits the U.S in many ways; universities get more international students paying out of state tuition (good for them specially b�cos the war effort has sucked all resources from educational institutions) and rekindle the brain drain from India and China in the form of researchers and engineers who pursue advance degrees and remain to work in the U.S( it will be surprising if there is no one looking at the booming economies of Asian countries mainly due to number of graduation engineers). So it�s a winning situation for both the U.S to attract smart people, make them spend a �lot� of money in paying tuition in U.S schools and hey what the hell give them a GC to live and work here permanently instead of them heading back home to do great things there.

    It works for every one so that�s just great.




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  • sunnysharma
    06-11 10:21 PM
    Print this up, You should be able to see LIN/WAC numbers clearly..




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  • iam4u4ever
    08-04 06:48 PM
    Per my lawyer,

    1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
    2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
    3. Self employment is ok as long as the requirements are met and that is what is I am doing now.


    hi, what are the requirements of self employment ?

    thanks




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  • saravanaraj.sathya
    08-01 01:48 PM
    I ve just filed my I-140 in Texas. I-485 applied in NSC...still waiting on the receipts..it seems to be a long wait....



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  • prashantkh
    07-05 05:59 PM
    Order Number: FNK1819608


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  • mirage
    03-10 12:54 PM
    I will request you 'Not to turn this into a EB-3/Eb-2' fight, as everybody is suffering, we are on this forum itself means all of have an issue...It's just that for some people it could be a wait for another 3-4 years but for others it could be a wait for 20 years....if Congress doesn't make any change to the existing laws...But what people are fearing in this climate if we go and tell the congress that we are in a 20 year wait, instead of doing any good they can harm us more. Now, how much you want to take that risk is the question. In my opinion I don't see that kind of risk, with the kind of things we are asking, but some people see that risk, it's their way of thinking...

    Lets not listen to negative people here and instead come up with a plan. Nothing will change unless we act upon it. I have seen these negative comments every time somebody come up with a plan for EB3-I. Unfortunately most of these negative comments are coming from EB2-I people.

    Lets come up with action plan for EB3-I and we will send it upto Mr. President. I am sure they will listen to us someday. They are busy not deaf.

    Thanks.



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  • GCcomesoon
    11-06 04:00 PM
    Hi

    What did the infopass appointment tell you? Were the officers knew what they were talking about?

    Thanks.


    They said they will send email to TSC & hopefully I should get the FP in next 30 days , if not I should come again which I did. This time they did the same email thing .Actually I went 2nd time to know whether my NC was clear or not. Menwhile I had created 2 SR's by calling USCIS too.

    I hope to get the FP in next few days .

    Thanks
    GCcomesoon




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  • darslee
    07-07 12:32 AM
    The South African family is "staying tuned". July 14th is my daughter's birthday and we have a party planned (We live 3 hours drive away from San Jose) but any other day, you can count on us being there!



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  • LONGGCQUE
    11-17 03:19 PM
    Done. Will be sending messages to my freinds




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  • arunkotte
    10-24 05:17 PM
    Lame duck session is conducted with the current members, so the result of elections does not effect lame duck session but The next congress will.



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  • priti8888
    10-08 08:34 PM
    First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.

    There are a lot of misconceptions about AoS. Let me write it here.

    1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.

    2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.

    3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.

    4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.

    So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.


    Well said !




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  • xu1
    05-03 11:58 AM
    thanks for responding...any contradicting/second opinions? What is the exemption towards - both filing for 485 and processing of 485 too, right? Isn't it an exemption from the EB quota?
    Exemption of a qualified alien from the availability of visa numbers. So yes, you can file for 485 however unavailable EB2/3/1 visa numbers are.

    And I agree with the previous poster that should this SKIL ever pass, it does not matter under which category your employer filed your LC, you are able to go ahead and file for AOS with a post-graduate US STEM degree.



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  • amitjoey
    07-09 04:34 PM
    I sent the pdf and a write up to reporters in my local area.




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  • dan4gc
    05-23 12:20 PM
    California senators :

    Barbara Boxer http://boxer.senate.gov/contact/email/policy.cfm
    Diane Fienstien http://www.feinstein.senate.gov/public/index.cfm?FuseAction=ContactUs.Emailme



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  • GCwaitforever
    12-12 05:38 PM
    I have an American Lead who interviewed this indian guy over the telephone and he did appear very smart, but when he joined our company he was plain dumb and didnt know anything. Apparently somebody else attended his telephone interview. Talk about breaking FAITH i have built all these years. He doesnt trust Indians anymore. Who is to be blamed here???

    Indians have bunch of these tricks up their sleeves. Some are paid to take these interviews. Either the interviewer should rely on certification programs or employ voice recogntion and video conferencing to fish out these duds.

    Coming to the SKIL bill and Sen. Sessions, I am mailing my story to him at http://sessions.senate.gov/email/contact.cfm. Hopefully, he will come around and support immigration reform.

    Dear Senator Sessions,

    I am a legal immigrant living in this country from 1995. I have been paying income taxes dutifully and contributed to the American Economy all these years. I paid Social Security and Medicare taxes, and as part of the bargain, I am eligible for Social Security payments when I retire. I own a house in this country and I am married.

    I came to know that you put a hold on SKIL bill in the Senate as you have not received any feedback from legal immigrants. This is in response to your hold.

    I applied for Greencard in May 2002. I have two Masters degrees and over eight years of leadership experience in the IT field in Fortune 100 companies. I have about thirteen years of experience in the IT industry. You would have expected that I should have the Greencard in my hand by now. That is not the case unfortunately.

    My case is languishing in the labor certification stage at Philadelphia backlog Elimination Center for the past two years. Labor certification is the first stage in the Greencard processing. I am into my 7th year H-1B extension now and I have to renew my VISA every year.

    My wife is a structural Engineer who had to put her career on hold, because she can not work until my Greencard petition moves forward. My wife has a Masters degree in Structural Engineering. We hear in papers that Alabama is short of Engineers. Why not improve efficiency at USCIS and use available workforce in the US?

    Legal immigration reform is essential to alleviate the pain and suffering borne out by legal immigrants in unending waits for the relief.

    I am expecting my Greencard petition to arrive only in another four years.

    Some of the anti-immigrants complain that more immigration pollutes the cities and chokes the cities. This is a falsehood propagated by them. My wife and I are living in this country as we speak. Granting us faster immigration relief does not increase population, rather it changes our status only - from hung upside down to standing straight.

    I request you to support EB immigration reform bills in Senate in the future and show us some light. The focus should be on how quickly America can assimilate legal immigrants by making the process easier. I am sure you would come hard on USCIS to process immigrant petitions efficiently.

    Some of the key provisions which would need your support are ...

    1. Recapturing VISA numbers from past years, which were left unused as USCIS never processed the full annual quota of immigration petitions in a timely manner, thus letting them expire.

    2. Allowing EB immigrants to apply for three year work permits instead of one year work permits which they have to renew every year. This lets us renew our drivers licenses also every three years instead of every one year.

    3. Forcing FBI to completing fingure print checks and background checks in a timely fashion instead of current waits which stretch to three years or more.

    4. Processing labor certifications in the backlog elimination centers by September 2007 as promised to Congress in the past.

    5. Ability to file for I-485 petition, even when the priority is not current. This would help lots of people in the retrogressed categories of immigration.

    Thanks a lot for your time in reading in this lengthy post. I hope you see the suffering of EB immigrants and support immigration reform in the future.




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  • sanhari
    07-26 09:43 AM
    GCperm, Thank you for your inputs.
    I actually got this input of contacting congressman to implement this change, from USCIS only(their blog). I will also contact the ones mentioned in your posting. I also request all EB folks affected by this spillover usage not based on priority date, to contact them in addition to their local congressman. Let's not leave any stone unturned to make this happen, to help us all out. If this happens soon to create an impact, we may see some light in the upcoming bulletins. So all of you please do your part to contact them today(if not done already), I am on it now.

    Sanhari,

    If we go with your feeling, and run the Campaign right way then following is summary.

    1) What you mentioned was there is no need to Legislative change for your solution only Interpretation of INA need to be changed challenged.
    2) EB3 Folks want only on using Fall Across / Down /UP visa's to be allocated based on PD, rather then category.
    3) Removing Country quota will need legislative change and EB3 folks don't want to take it on hand at this time.
    4) You and EB3 folks are good with division created by this Campaign.

    Now, If above summary is true then You need to be doing following,
    1) READ INA and Find where is violation or Incorrect interpretation in Applying VISA to EB2.
    2) You need to be contacting DOS - Mr. Charles Oppenheim / Hillary Clinton their 2007 interpretation of Applying VISA to EB2.
    3) You need to be contacting DOS Liaison to Challenge their 2007 interpretation of Applying VISA to EB2.
    4) If EB3 Guys are confident of incorrect INA interpretation, collect Money and Prepare for Law-Suit if needed.
    5) As there is no Legislative changes needed, there is no need to contact Law makers (Senators, House members).
    6) There is no Process improvements so no need to reach out to USCIS ombudsman.
    7) Its About VISA allocation by DOS, so contacting USCIS won't help either.



    Now Contacts for DOS,

    Followings are Contact Information for DOS Liaison,

    Palma R. Yanni (dl), DOS Liaison Committee Chair, AILA Past President, Washington, DC Contact Information (http://www.palma-yanni.com/contact.htm)

    Jerome G. Grzeca, DOS Liaison Committee Vice-Chair, AILA Board of Governors, Milwaukee, WI http://www.grzecalaw.com/contact_us.cfm


    Following is the Link to Send email/Questions to Department of State.

    Contact Us at the U.S. State Department (http://contact-us.state.gov/cgi-bin/state.cfg/php/enduser/ask.php?p_sid=4Eiijc*j&p_accessibility=0&p_redirect=&p_lva=264&p_sp=cF9zcmNoPSZwX3NvcnRfYnk9JnBfZ3JpZHNvcnQ9JnBfc m93X2NudD0xMTYsMTE2JnBfcHJvZHM9JnBfY2F0cz0mcF9wdj0 mcF9jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlYXJjaF9ub CZwX3BhZ2U9MQ)


    Following is the Contact information for DOS

    http://www.state.gov/documents/organization/111781.pdf

    Oppenheim, Charles W. CA/VO/F/IV L415(CHIEF SA-1 (202) 663-1087


    Good Luck and God Bless.



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  • texanmom
    12-17 05:29 PM
    Like many many people have said before - the GC is not the end of the road. it is just a milestone. Life goes on, irrespective.

    Try playing this game:
    1. What if my GC is delayed by 10 yrs?
    2. What if it is denied?
    3. What if I have to go back to my home country?

    What if, what if, what if....You will find that it is really not as bad as you think it is. The alternative solution may be much better, and make you much happier.

    We have been here since 2001, had 4 GC processes started between me and my husband. The one with a PD of Dec 2005 (under Eb3!!) is the one we have used to get our EAD's. Yeah, its a long, long wait - but has that stopped us in any way?

    1. My husband has a very good job and likes what he is doing- although he would like to cut down his travel.
    2. I have a v.good and v.well paying job
    3. We have 2 beautiful daughters - who are both American citizens by birth.
    4. We have a beautiful home ( we bought a house 3yrs ago, irrespective of the fact that we were on a H1B)
    5. We have fairly good savings, good US education, diverse & valuable work experience
    6. A Canadian PR as a back-up

    What I am trying to say is this - you cannot control USCIS/ DOL/ the FBI...but you can take charge of your destiny. Build a strong foundation for yourself and your family. Have a good back-up plan (or two!). Participate in activities that interest you. make a difference in others lives - educate a few children. Take care of an elderly person. Leave a legacy behind.

    And have a good life! Stop worrying! Happiness will follow.

    Cheers!




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  • diptam
    06-23 12:15 AM
    Employers who are asking to sign 2 yr agreement are pretty clever in hatching the words - Make sure you don't give the wrong finger :D

    Take it easy...

    What if you assure him by signing a 2 year bond. Once you get the card, give him the finger




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  • bombaysardar
    05-31 07:49 AM
    Current status Applied for AOS, have AP & H1B approved till 2009

    I've travelled twice using AP in the last 6 months (to countries other than Canada), CBP never asked me any questions, I think I will take the chance...

    Recent landers, please can you share any thoughts or experiences ??




    simple1
    05-01 03:27 PM
    I repeat to avoid misunderstanding.
    This thread tries to findout the correct interpretation of current law.
    I am not proposing any change or correction of law. No lobbies or congress involved.

    I also strongly believe families should be together and they will be ( as no one will be affected ).

    It is a good point that some people have brought up and I am sure IV core will evaluate it to see if it will help more people or less.

    However.........

    I strongly believe that family should be together. Whatever GC and other immigration issues we have, one should strive for keeping the family together at all times. Missing out on even a few years of togetherness with your spouse and kids is not worth it.

    Even in the current system where dependents come under EB quota, I have known people where one spouse got the GC and the other one had to wait for many years because of a name check or something. But the current laws (EAD/AP etc) made sure that atleast the family was not broken up.

    If we are looking for a change or correction of law, we need to make sure that the new law has NO kinks that hinder family staying together. If primary applicant gets a GC and the spouse is still waiting for 5 more years (it is possible), then the primary applicant can get citizenship and apply for a new GC for the secondary. Like I said - This situation is possible even in the current system.

    As long as kinks are discussed with the lawyers and smoothened out to preserve family togetherness, it should be fine.




    fightnow
    07-11 02:24 PM
    Can anybody point me to the other thread about quotes from American president? I could not find it.
    Thanks a lot.



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