hopefulgc
07-26 12:06 AM
I think he would want to see a locksmith to get the damaged "lever" rectified before he sees a doctor lest someone should compromise the lock and break in while he is away to see the doctor.
sorry i couldn't resist... all in the name of humor!:D
While a pray for your "lever"....i will suggest u see a doctor asap!!!
And I will also prescribe you channel all the pain into some positive energy by helping IV via contributions, volunteer work...and participatingin action items...all that is very rewarding!!! and will help you from going nuts, bananas and what have you!!
sorry i couldn't resist... all in the name of humor!:D
While a pray for your "lever"....i will suggest u see a doctor asap!!!
And I will also prescribe you channel all the pain into some positive energy by helping IV via contributions, volunteer work...and participatingin action items...all that is very rewarding!!! and will help you from going nuts, bananas and what have you!!
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prioritydate
08-10 04:15 PM
BUMP :p:p:p:p:p
enggr
09-26 02:37 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
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
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brawn81
05-12 11:54 AM
Obama playing games with immigration - CNN.com (http://www.cnn.com/2011/OPINION/05/12/navarrette.immigration.obama/index.html?hpt=T2)
more...
RandyK
02-21 03:34 PM
Any ideas about EB3 ROW movement in the coming months?
I know you have connections in high places....
:D:D
I know you have connections in high places....
:D:D
alterego
12-06 11:10 PM
I am not sure why so many people so naively jump to the defence of India without looking at the context in which things are said.
Most Indians love India and that includes most NRIs. If there was any doubt just look at the support the NRI PAC gave in pushing the nuclear deal.
The main point here is that this thread was started on the premise that the negotiation of this deal to transfer social security payments was somehow good news for our money. I think one can disagree with this and still love India.
Frankly, if my choice was between foregoing the money here and that money going for something good such as infrastructure development in India, I and I am sure most Indians here will happily sign off on those funds.
Point however is I do not see it as good news for our social security money.
Most Indians love India and that includes most NRIs. If there was any doubt just look at the support the NRI PAC gave in pushing the nuclear deal.
The main point here is that this thread was started on the premise that the negotiation of this deal to transfer social security payments was somehow good news for our money. I think one can disagree with this and still love India.
Frankly, if my choice was between foregoing the money here and that money going for something good such as infrastructure development in India, I and I am sure most Indians here will happily sign off on those funds.
Point however is I do not see it as good news for our social security money.
more...
nogreen4decade
07-16 07:20 PM
1. Doesn't matter who it is citizen or not - you have to show legal status. If you read the law carefully, you will be put in a holding prision and given a change to prove legal status (contact family tobring your passport), etc. This is not a traffic stop - a decision will not be made on the stop. That's why there are strict rules stating who can be asked.
2. By law you have to carry identification. Does this mean as a citizen or non-immigrant visa holder, you have to roam with all your docs? No! This is why we fought so hard to make sure US-states give driver's licenses?ID cards to people here legally ONLY. So, you just carry your DL.
3. Item 1 above applies here.
Do you think the people who wrote this Bill did not think of all this? You have to be pretty naive to think that only you thought of these senarios. There is no racist movement behind it.
You apparently dont know ammendments.... Read 4th ammendment... No reason to waste my time replying you
2. By law you have to carry identification. Does this mean as a citizen or non-immigrant visa holder, you have to roam with all your docs? No! This is why we fought so hard to make sure US-states give driver's licenses?ID cards to people here legally ONLY. So, you just carry your DL.
3. Item 1 above applies here.
Do you think the people who wrote this Bill did not think of all this? You have to be pretty naive to think that only you thought of these senarios. There is no racist movement behind it.
You apparently dont know ammendments.... Read 4th ammendment... No reason to waste my time replying you
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pointlesswait
02-12 09:31 AM
i know a friend whose wife was in the same boat..
get an attorney and explain ...ur case..
what my friend was told...if you have given proper notice to quit...your employer has no legal standpoint to harras you.
dont worry abt that desi employer..that bum is in bigger soup than you are...the law that requires all employers to provide W2 before jan 31..no matter what..check with IRS if you want....he is toast! .;-)
take it easy.. you will be all right!
get an attorney and explain ...ur case..
what my friend was told...if you have given proper notice to quit...your employer has no legal standpoint to harras you.
dont worry abt that desi employer..that bum is in bigger soup than you are...the law that requires all employers to provide W2 before jan 31..no matter what..check with IRS if you want....he is toast! .;-)
take it easy.. you will be all right!
more...
aquarianf
07-19 09:58 AM
My spouse is landing here on Aug 15. That leaves only one day to get medicals done. Any suggestions on how to handle this ? Can she skip skin test and take X-rays directly ?
If you talk to your medical office in advance to see that if they can give report in one day then it could be possible. Also you may consider your wife to get all vaccination in advance from the place where she is staying currently. Can't she prepone her trip by 1-2 days?
If you talk to your medical office in advance to see that if they can give report in one day then it could be possible. Also you may consider your wife to get all vaccination in advance from the place where she is staying currently. Can't she prepone her trip by 1-2 days?
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sbabunle
03-17 01:36 PM
Hello Everybody
This is my first post. I worked my ass off to get a favorable
solution for retrogression during the budget bill. But as everyone knows it was defeated in the house reconcilation. I'm not being pessimistic but my gut feeling is that eventhough senate comes with something, the chances are slim that the house would agree to it. Sensenbrenners bill which house passed has no provisions for EB immigrants and backlogs. I'm pretty sure all of you are aware of Mr. Tancredo's fury against immigrants too.
Having said that I dont mean we have no way out. We have to work very very hard. We have to raise money and do some hard lobbying. But above all we have to get our employers to back this issue. With all of the above reasons I think it might be a very bad idea to guess we would have any favorable legislation in a shorter span of time. So we have to plan something for a longer period of time and execute it very diligantly, I guess.
I think Immigrationvoice is on the right path... Lets face it people!!!
thanks
babu.
This is my first post. I worked my ass off to get a favorable
solution for retrogression during the budget bill. But as everyone knows it was defeated in the house reconcilation. I'm not being pessimistic but my gut feeling is that eventhough senate comes with something, the chances are slim that the house would agree to it. Sensenbrenners bill which house passed has no provisions for EB immigrants and backlogs. I'm pretty sure all of you are aware of Mr. Tancredo's fury against immigrants too.
Having said that I dont mean we have no way out. We have to work very very hard. We have to raise money and do some hard lobbying. But above all we have to get our employers to back this issue. With all of the above reasons I think it might be a very bad idea to guess we would have any favorable legislation in a shorter span of time. So we have to plan something for a longer period of time and execute it very diligantly, I guess.
I think Immigrationvoice is on the right path... Lets face it people!!!
thanks
babu.
more...
sanagani
10-02 10:54 PM
I am still waiting for FP notice, i got my EAD/AP/RD, for both of us.
It was filed @ NSC on July 2nd, ---> CSC -----> NSC. I got my LUd on 09/21 last on our 485.
It was filed @ NSC on July 2nd, ---> CSC -----> NSC. I got my LUd on 09/21 last on our 485.
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wahwah
06-05 04:07 PM
well this memo is taking it one step further than the last memo -
it is saying that the I-140 must be approved before determining portability. which means most likely if you file for portability and your 140 has not been approved then USCIS will be forced to look at your 140 petition and approve it.
I guess it is the same thing as earlier memo. They are saying that merely 180 days have passed since filing does not provide AC21 benefit. To determine AC21 benefit the petiton must be approved. So based on earlier memo, USCIS would see whther petiton can be approved. If yes then they will evaluate AC21. If not, then you got a problem.
it is saying that the I-140 must be approved before determining portability. which means most likely if you file for portability and your 140 has not been approved then USCIS will be forced to look at your 140 petition and approve it.
I guess it is the same thing as earlier memo. They are saying that merely 180 days have passed since filing does not provide AC21 benefit. To determine AC21 benefit the petiton must be approved. So based on earlier memo, USCIS would see whther petiton can be approved. If yes then they will evaluate AC21. If not, then you got a problem.
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jediknight
07-16 07:37 PM
Hate Groups Donate to Arizona Law’s Defense | Hatewatch | Southern Poverty Law Center (http://www.splcenter.org/blog/2010/07/13/hate-groups-donate-to-arizona-laws-defense/)
I wonder what they will say when Hispanic and Black cops stop white folks and say "oops we thought they were Canadian" :D
Russ and Beck will then start complaining of reverse racism.
BTW, I am against illegal immigration and the way to solve is to remove quotas for legal immigration and Jail Time for employers who don't use E-Verify.
- JK
I wonder what they will say when Hispanic and Black cops stop white folks and say "oops we thought they were Canadian" :D
Russ and Beck will then start complaining of reverse racism.
BTW, I am against illegal immigration and the way to solve is to remove quotas for legal immigration and Jail Time for employers who don't use E-Verify.
- JK
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shreekhand
04-14 08:14 PM
Now, it is certainly ridiculous for you and your spouse to renew your drivers license's every 6 months...
That said, it is not a wild assumption that a decision on a I-485 application cannot be made in 6 months, all of those who are not retrogressed get it in that time frame...
Further, since the DMV actually checks the status with USCIS... (in most states) why would they care what the document says ?
I just got back from a lengthy fight with my local and state DMV offices to convince them I'm legal to continue having a drivers license. I'm EB, in the adjustment of status stage since July 2007. DMV asked me recently for proof for status check. I took the pending I-485 receipt and while they told me it is an acceptable proof, they said they have a rule that if the document has no expiration date, they can only give you a driver license with validity 6 months beyond the receipt date of your document (with the wild assumption that any I-485 application is approved or denied within 6 months)
I have nothing against local government and their agencies enforcing immigration, but if you won't give your staff the necessary training to comprehend what legal immigration status is then it will be a disaster
That said, it is not a wild assumption that a decision on a I-485 application cannot be made in 6 months, all of those who are not retrogressed get it in that time frame...
Further, since the DMV actually checks the status with USCIS... (in most states) why would they care what the document says ?
I just got back from a lengthy fight with my local and state DMV offices to convince them I'm legal to continue having a drivers license. I'm EB, in the adjustment of status stage since July 2007. DMV asked me recently for proof for status check. I took the pending I-485 receipt and while they told me it is an acceptable proof, they said they have a rule that if the document has no expiration date, they can only give you a driver license with validity 6 months beyond the receipt date of your document (with the wild assumption that any I-485 application is approved or denied within 6 months)
I have nothing against local government and their agencies enforcing immigration, but if you won't give your staff the necessary training to comprehend what legal immigration status is then it will be a disaster
more...
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aat0995
08-07 05:44 PM
Student Visa comes to mind. I hope you don't cancel your marriage due to this fact. Good Luck. You might be able to start another GC process as well.
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NKR
06-02 08:45 AM
Later my wife made me realize that family life is most important as long as we are together, country of residence does not matter. When our son was born last month, I truly felt 'damn GC'.. funnily got approved in the same week:
Congratulations. I wish the baby all the very best in life. With regards to GC, yes, sometimes you get things when you are least expecting it.
Congratulations. I wish the baby all the very best in life. With regards to GC, yes, sometimes you get things when you are least expecting it.
more...
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rockstart
03-17 09:02 AM
What is supplimentry exam? Is it that you did some extra courses after finishing your requisite courses for Bachelors? or are you refering to clearing your backlog subjects ( subjects from previous semesters that you had not cleared?). Where did you get your degree India or US?
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cheg
08-22 07:16 PM
Thanks for the info, roseball!
http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/employment-based_immigration/final_rule_on_labor_certification
Starting July 16th, 2007, labor certification has a 60 day validity period. Meaning, a I-140 petition needs to be filed within 60 days from labor approval date....If immigrant visa numbers are unavailable (dates retrogressed), you wont be able to file your I-140/I-485 concurrently but you can file your I-140 petition irrespective of your priority date as long as you have a labor approved. You dont have to apply for your labor again and again....Its just that, once you get your I-140 approved, you will have to wait for dates to become current to file I-485...
http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/employment-based_immigration/final_rule_on_labor_certification
Starting July 16th, 2007, labor certification has a 60 day validity period. Meaning, a I-140 petition needs to be filed within 60 days from labor approval date....If immigrant visa numbers are unavailable (dates retrogressed), you wont be able to file your I-140/I-485 concurrently but you can file your I-140 petition irrespective of your priority date as long as you have a labor approved. You dont have to apply for your labor again and again....Its just that, once you get your I-140 approved, you will have to wait for dates to become current to file I-485...
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alterego
12-12 04:58 PM
Here's your answer in the bulletin
EMPLOYMENT: Demand for numbers in the Employment Third �Other Workers� category, as well as the China and India Employment Second preference categories, has been escalating. No movement in those cut-off dates will be possible until the current level of demand subsides.
Translated that means, the Tsunami of 245i and Backlog labours is hitting, there can be no movement until this improves.
In other words, absent legislative action to allow more visas, you are lucky if dates do not retrogress.
We should stop following bulletins and focus more on lobbying.
EMPLOYMENT: Demand for numbers in the Employment Third �Other Workers� category, as well as the China and India Employment Second preference categories, has been escalating. No movement in those cut-off dates will be possible until the current level of demand subsides.
Translated that means, the Tsunami of 245i and Backlog labours is hitting, there can be no movement until this improves.
In other words, absent legislative action to allow more visas, you are lucky if dates do not retrogress.
We should stop following bulletins and focus more on lobbying.
shreekhand
08-12 10:00 AM
Sorry... but what kind of a question is that ? You applied for "Permanent" Residence without understanding what it stands for ?
You are not obligated to apply for citizenship if you are a permanent resident.
Does anyone know if its possible to just renew the green-card or one has to apply for naturalization after 5 years?
You are not obligated to apply for citizenship if you are a permanent resident.
Does anyone know if its possible to just renew the green-card or one has to apply for naturalization after 5 years?
kumar1
10-29 09:23 AM
So much for so called "highly skilled". Young guys out there, in their 20s....think twice about making America your permanent home. Right now, it is very discouraging.
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