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  • mallikonnet
    06-26 11:05 PM
    guys this wont work for the people who file through lawyers. lawyers will do at their own pace. good luck if you think it is going to work





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  • rockstart
    04-21 10:08 AM
    Sheila,

    2+ 3 you are mentioning is where +3 = three year degree program like BSc / BCS/ BCom programs offered in India. Here I think we are discussing 3 year DIPLOMA program the eligiblity for which is 10th grade. After finishing this program in some universities you are waived 1st year coursework for the degree program in same field. So for regular people it is 10+2+4 to get a bachelors where as people taking the diploma route it is 10+3+3. So in this case of our friend his 10+3 is equivalent to completed only 1st year degree program. the +2 overlaps with what he has studied in +3 and the +1 in commerce will not be counted in coursework.


    Anuj: What subject was your diploma was it a management diploma or engineering diploma? What was the eligiblity for the same? Was the institute reputed like does it have an entrance test? If yes do you know their acceptance rate? Might help in preparing a case

    I see the problem with the 1+3 since that would be combining. The 2+3 usually gets accepted. However you just never know how things will go with USCIS.





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  • pappu
    01-31 10:34 AM
    http://immigrationvoice.org/forum/showpost.php?p=45215&postcount=854

    my comments on this





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  • piyu7444
    05-20 02:10 AM
    I agree ..provided they have done thier BS in US university ..i know 80 % of the indian students ( leave IITs/IIMs) will do MS because they either didn't get any job in india or admission to higher degree program

    I dont know about other members but it is hard for me to blv that IIT's and IIM's will come to US for a masters degree coz they could not find a job in India or they could not get an admit in a master's program.

    If that was the case people would have stopped going got IIT's/IIM's. Why will someone work so hard to get to the top most program - to not get a job and then pursue MS from US OF A????

    I think the IIT's/IIM's come here they MOSTLY (not all) come here for a purpose....research/money/better life/whatevet.....

    Any IITians or IIM's who are member care to throw some light. I personally know 2 IIT's and 1 IIM who are in US for good and would check with them.....



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  • vbkris77
    11-30 10:42 PM
    Following is Ron`s observation
    .

    There is an error in the initial explanation of the quota. As I read this analysis, they are suggesting that the single state limit is 25,620 - irrespective of whether the visas are issued in family or employment based. This suggests that a country with heavy family based demand, but light employment based demand, could use more than 7% of the EB or FB quota as long as they remained under 25,620 overall. This is wrong. The 7% limit applies independently to FB and EB. A country could have no demand in one area, and enormous demand in the other and the side with the excessive demand would still be limited to 7% of that quota - not 7% of the combined quota.

    Also, I think that their estimates for China and India EB2 are too pessimistic.
    __________________




    USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)



    (1) Nondiscrimination. -


    (A) Except as specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.


    (B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.

    (2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.



    This to my understanding gives 7% total immigrant visas. Also the next para doesn't mean anything if this is not different for FB and EB.

    (e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that





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  • ram77
    05-31 12:00 PM
    Thanks for the post.



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  • NWISE
    05-31 03:53 PM
    Voted and commented... keep the momentum up! The vote is reaching 500... let's keep it moving up.
    I think we're on the right track and this bill will bring some relief to us and for those to come.





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  • zoooom
    07-02 03:44 PM
    Medical $1200
    Photos: $30
    HOurs lost at work: 10 (cost: 10*60 = $600)
    Lawyer fees: $1500



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  • transpass
    08-07 07:21 PM
    Can you back date your marriage during marriage registration?

    Dude,

    A difficult option though since ur marriage is already scheduled...

    Maybe she can apply for F-1 visa first, then get married...Let her come to US on F-1 and then get married here in local county...But it's tedious and lengthy process though, apart from the heartburn ur gonna give to many back home by postponing ur already fixed marriage...

    Best way to deal with the situation is talk to an immigration lawyer...





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  • veeyes2009
    02-14 10:25 AM
    After reading your posts i checked my cases online and LUD changed on 02/10 (Mine) & 02/13 (my wife) too for the first time since they are filed .... Both cases start with LIN xxxxxxxx & both are at NSC, EB3-I, PD March 2005. We have given FP twice so far once after filing the cases and other when we applied for EAD/AP extensions.

    No emails though .... Not sure what they are checking or updating ...

    Hoping for the best like you all ... good luck. Please share if you have any updates



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  • bheemi
    02-12 10:24 AM
    Hi

    I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....

    Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...

    He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...

    Also, he seems to have closed his company..

    Folks please advice....

    You dont need W-2 for filing taxes all the time. As long you have paystubs and i shows howmuch you paid taxes federal and state..that is enough..Please go to HE block or any other CPA who can file taxes and he can help you..
    I did same thing 3 years back..and there was no issue at all...





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  • new_gc
    01-28 02:16 PM
    letters sent both from me and spouse to WH and Iv.....convinced friends to do the same...15 of them(includin their spouses)



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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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  • Eagle
    12-05 02:08 PM
    Thanks Easygoer for your reply.

    I also have Chartered Accoutancy (CA) and Cost Accoutancy(CWA) qualifications in addition to my Masters. I have approached Sheila and she is helping me out.



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  • ars01
    07-10 10:22 AM
    I think we should dedicate one day on leaving messages at his show. Lets make it a saturday/sunday. All the members can leave messages, asking him to be fair.

    I know a lot of ppl will come back saying its of no use blah blah............

    whole idea is to try. If ppl only get motivated by results, then there is no point trying at all...........
    My experience is sending messages to the person whom we are going to target won't help. We need to counter attack using a different and equally powerful channel. The negative comments we post on Lou Dobbs and CNN are never posted or maybe never read to the end.





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  • arnab221
    05-29 04:38 PM
    They will make H1b visa holders wears arm bands like the Nazis made jews wear . Then they will make us live in ghettos and drive us out all at once . :( How much worse can this get .



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  • bindas74
    10-25 10:09 AM
    You deserve a gc right away after such a long and painful wait. Dont lose hopes.


    Hi eb3retro,

    I see that your PD is Jan 2003. Mine is Mar 03. I thought I would ask you about your opininons.

    So, do you think we will get our GC in 2009?

    Do you think it would be better to move to EB2?

    Thanks for your inputs.





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  • Guig0
    02-05 06:47 AM
    Originally posted by =VALOR=
    Ehmmmmmmm ..............:whistle:

    True. Sorry.
    np dude :) i was just messing with ya :P

    a vote for kit isn�t a wasted vote ;)





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  • immilaw
    09-14 03:30 PM
    I have several friends who were waiting for GC desparately and they thought it was the final destination. They had many reasons why to get GC and once they get, they will be free and can do / will do everything possible. But, once they got it, they settled in a permanent job. Without GC, they were working for the same client with even more pay and life was good if not better.

    I was thinking the same way; because I am no different.

    Oflate, I realised, I am un-necessarily worried about something which is not in my control. I realised that I am well paid, with this pay even the benefits I am not getting are compensated. Why am I worried? Should I be after GC in order to get peace of mind? I started looking it little differently. I am in this country to earn more money and live comfortably. I am already enjoying what I wanted. Then, why am I worried still? May be it is in human nature to always look for something which is not in the hands.

    I still need GC for other things like Children education and get some other benefits (our education / starting business etc). I agree, but there is lot of time for that in my case. There are several people who are in the same state as me if not all. Everyone's needs are different.

    I thought I will just share my ideas so that atleast some of the people will be happier.

    Well said.





    jonty_11
    12-05 02:58 PM
    Not going to happen - whole point of not giving h1's their Social Security is to use to fund USs' dwindling Social Security funds. H1 is supposed to fund SS for the Baby boomers here. There is no way in hell we will get it before 10 years on H1.





    aadimanav
    08-22 02:06 PM
    No surprises for me at least. There will be only 816 new EB3 visas available for any country in October. This will move the dates at the most by a month or two and this will continue for ever until a new legislation is passed, that is why DC rally is all the more important and everyone should focus on that to bring in a change.

    For folks wondering how I came to the 816 visa number

    Total GC available = 140000
    7% country limit = 9800
    split for EB3 = 3266
    spread for each qtr = 816

    Good Luck to all and don't have high expectations because you will be disappointed when the bulletin comes out.

    and 816 are not primary applicants.... there are spouse and kid(s)...



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