Thursday, June 23, 2011

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  • bkam
    04-12 01:10 PM
    My spouse and I are on L1/L2 visa.

    In 2002 there was a law change and the L2 visa holders got the right for EAD, valid until expiry date of the current L1/L2 visa. Renewal of the EAD was relatively easy when the new L1/L2 visa was issued. The tricky thing is that after expiration of the L visa, while waiting for LC approval we can get only 1 year H1 extensions. This means that during the period between L1/L2 visa and submitting of I-485 the EAD will be cancelled.

    Following the common sence, the L2 visa holder should still be able to get EAD for the period between L and I-485. We will find it out in half a year time when our last L visa expires. But I would not bet on it...

    So, my hint is - why not push for a similar approach being applied for immigrants waiting for LC approvals (after 365 days), for I-140, I-485 etc. It makes sence since the enormous delay in GC process was caused by the US bureaucracy and the poor idiots like us deserve some relieve :-)

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  • mrane1
    09-26 03:01 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

    Wow your situation is indeed unfortunate! Its really your lawyers fault... he should have checked this and filed EB3 to begin with... or atleast given you an idea that something of this sort might happen at 140 stage, if you insisted on eb2... What was suggested by your friends seems to be the only logical step... and its highly unlikely that USCIS will budge from their stance... maybe other people might have better idea...

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  • pkjena
    08-01 10:41 PM
    Sorry forgot to give the link,0520-ac21.pdf

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  • desitechie
    11-02 05:51 PM
    Hydboy, you make a good point. Does anyone know if this is how USCIS would do a Qtrly Spillover if they do it ? And do they have to make the EB2-I and EB2-C dates the same before they do a spill over like they do it for the yearly?

    Gave you green!!!

    Hope is the only thing keeping us in anticipation for the first friday of every month!!!


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  • akela_topchi
    07-06 10:00 PM

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  • tonyHK12
    04-29 03:00 PM
    If the immigration processes will get affected because India excluded Boing and Lockheed. .


    Actually the SU-30MKI beat both the F-15 and Eurofighter in training with the US and RAF, and is developed jointly by HAL.
    Eurofighter has also invited India to partner in its development


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  • makemygc
    07-08 01:41 PM
    Nice coverage by immigration-law on Gandhigiri:-

    07/08/2007: Massive Flower Send-In Campaign by Indian Community in Spirit of Mahatma Gandhi's Nonviolent Protest Against the Injustice Involving Visa Bulletin Fiasco

    The East Indian community has been engaging in an interesting campaign sending a massive bouque of flowers with a message of protest to the leaders of the USCIS and the State Deparment, including Mr. Emilio Gonzalez, Director of USCIS and Dr. Rice, Secretary of Department of State relating to the ongoing Visa Bulletin commotion. Indians are the primary sources of foreign high-tech workers and the country's much needed sources of brains for the businesses and the employers, and it turns out that the current Visa Bulletin fiasco has hit most them and their U.S. employers. Considering the fact that the Congress sidelined foreign legal workers and brains as a backburner issue in the ill-fated CIR, the current Visa Bulletin fiasco appears to add the heat of outrage to the Congress' unfair and unjust treatment of the legal immigrants by leaders in this country. OUCH!

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  • bigboy007
    11-02 10:22 PM
    Atleast for me there is no hope for CIR, Peicemeal seems a best option, recently there was a WSJ report that President had agreed for piecemeal if CIR doesnt pass... but we need to be very very watchful...

    after Healthcare experience there is little chance any big legislation will pass in this country we need people who care about country and would like to work with other end both sides seems either too liberal or conservative which is only good in winning elections...


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  • map_boiler
    08-08 10:12 AM some other folks here have suggested would be to get F1 first, and then get married. Will need to move on the F1 quickly (since it is already August), especially if she needs to do TOEFL/GRE/GMAT. Might also need to postpone wedding by a few weeks. This seems like the best option.

    Congrats, and all the best!

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  • milind70
    08-23 04:13 PM
    That is wishful thinking.I know people with more recent priority dates got cleared in june but it will go back to PD system from now on again,how else can they do it.The reason why (to eveyone's surprise) they made everything current was to clear some of these cases which were filed long ago(I-485) but were stuck due to the retrogression.This is obviously not going to happen again for sometime since they now have hundreds of thousands of more cases.

    I think this will happen again but only in the last quarter when USCIS has to utilise all the visa numbers .With the fiasco that happened in July ,there will be a substantial movement in PDs for June 2008 VB or in the last quarter as they will want to approve cases which have been cleared but cant be approved due to PD not being current. So we will see this kind of scenario almost every last quarter. Also there is a high probablity because
    1. they would not like to waste visa numbers .
    2. USCIS in under the pressure for media to work in a more efficient manner and justify the fee hikes
    3. this also happens to make some people from the immigrant community happy ( atleast something is happening rather than nothing is happening)


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  • minimalist
    10-22 04:40 PM
    All the people who crib about red dots: There is nothing IV can do about it.
    This is a feature of the forum software.If some one uses foul language in forum posts then admins can warn them or block them. It is not possible if they do it in comments.

    Actuallly, I suggest IV kickout anyone who cribs about red dots or that someone is using foul language in PMs/comments.

    Keep the eye on the ball guys. If you see all the bullshit the IV admins bare with some other guy showing up every few weeks asking questions as if IV Core is getting rich off of the contributions. And some other guy shows up with a great plan (no sarcasm intended) asking CORE to make his thread sticky instead of keeping the thread on top by bumping it every few hours or so.Then when the core doesn't respond to their idea/request to make the thread sticky start abusing them. They take all that in stride and still continue to pour their hearts into something they believe in.
    Now here are people so worried that they got a red dot and need the grievance be addressed. If not they will be afraid to post. If all it takes some one to stop you from posting your ideas is to give a red dot, how can any progress be made?

    Think about it people.

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  • sanbaj
    03-26 10:25 AM
    Hello BharatPremi,

    I was in the Interfiling situation for the last four months but EB2 India was Retrogressed and then Unavailable as you know. But, I got the advice from my Lawyer that I should Interfile and not wait for the EB2 India dates to get current. So, at the end of Feb '08 I decided to Interfile with my lawyer's help.

    With the cover letter as suggested in various earlier posts he made sure he sent the Original Approval Notice of the I140 and not a copy.

    The main text of the letter was:

    In accordance with 8 C.F.R. �204.5(e) , the applicant hereby request your office to amend the priority date to that of <new I140 Priority Date> as indicated on the enclosed original approved I-140 petition on behalf of the applicant.

    In the footnotes, this was included:
    1. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.

    It was beginning of March when this was done. Then in mid-March, I got the great news that EB2 India is current for my PD. We will see what happens in April '08 !!!

    No news from USCIS yet on the Interfiling app. My lawyer suggested to call after a month of the application's RD.

    Waiting on GC for more than 6 years. I hope this is the last thing to do before AOS is approved for us and we receive the PR Card.

    Hope this info helps.
    Best of Luck for your case.


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  • onemoredesi
    08-22 01:53 PM
    Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
    EB-1 (All Countries): Closely match to September 2007 VB
    EB-2 (All Countries): Closely match to September 2007 VB
    EB-3 (All Countries): Similar to January 2007 VB
    EB-3EW (All Countries): 10/01/2001
    EB-4: N/A
    EB-5: C

    Can any one tell me what EB-3EW means?

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  • Sheila Danzig
    12-04 10:49 AM
    EB2 cannot combine education or work experience. It must show a single source degree.

    Note the following information from the 2006 annual conference of the American Immigration Lawyers Association (AILA) in San Antonio, Texas. "For employment-based immigrant visa purposes (aka green card), the U.S. Citizenship and Immigration Services (USCIS) will not equate a three-year diploma plus a post-baccalaureate diploma as being the equivalent of a U.S. Bachelor's Degree for either EB-2 or EB-3 classification. Additionally, the USCIS does not accept a combination of academic background and work experience as being the equivalent of a U.S. Bachelor's Degree for "green card" purposes"

    This can be done for EB3 IF it was stated on the labor certificate.


    Thanks for your response.
    Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree


    Thanks for your response.

    Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.


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  • aug2007
    05-31 05:06 PM

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  • apahilaj
    12-03 03:28 PM
    Got the same too. I git frustrated and sent out an e-mail on Friday. Not sure if I should really fill in the form. What a mess at every stage :mad:

    I have filled out the forms for my self and my spouse. Going to mail them tonight. What's the worse that can happen? We are already in a sh** situation...


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  • rsrikant
    08-10 10:45 AM
    who cheated whom? come on diptam. you have been here for so long...
    you can not talk like that... people look forward to get advise from guys like you. not hatred..

    your company/employer cheated you. not anybody else... please rethink about it.

    You dont need to knock anyones door - I'll proactively go to anyone who used a "Labor Subs" and call them a Cheat because they have cheated someone else's Property and Dream.

    Its gone but i'm personally a victim of that - My 1st Labor was traded in the Market for certain US dollars... The legislation was not there - otherwise i did have sufficient Proof and resources to take care of that cheat company.

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  • laborday
    07-17 09:37 AM
    OH no, I'm scared to go look. But I'll do it anyways :(


    Grrrr your first post and you messed it up. It says it's still on the June 18 update. This is July.
    It is not. You may need to refresh your page.

    I wonder people never leave a chance to bully (just because it was my first post)

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  • mmj
    04-27 08:46 PM
    Look at the number of people who posted messages to this thread .... even if you say 4 times that number of people posted messages to it is no where close to the numbers we need .... Lets not kid ourselves - Unless there is a miracle - most of us are looking at aleast another 3-4 year wait :(

    do we have a real poll number: how many have actually send it?
    i did.
    probably many others did as well. need to know....

    Sheila Danzig
    02-25 09:17 PM
    I apologize. I did not left the default on many of the points. I have changed them now. The questions don't allow for people who are not applying for anything. I did not mean to solicit business. Some of my clients have asked me to post here and clear up some issues. I get 90% of my business from attorneys and employers, not from chat boards.
    We have never taken more than authorized on the card. The form is automated and submitted by the client. We never even see the card #. If anyone has a problem with double submissions (if they hit submit twice) we always credit back.

    You are soliciting business from IV site. You don't have a disclaimer or no shame in doing that. You filled your charge country as UK and pretend to be GC aspirant. You can advertise your thing by paying IV, not by these cheap method of interfering here. I know you suck a big amount from people approching your firm for evaluation and take more amount (than the authorized) from them using the credit card details on file by giving lame excuse. I know many friend burn their hands.

    07-19 01:20 PM
    No she cant becuase her visa appointment is on Aug 13.

    I think you should be able to manage it. I am not sure if USCIS will accept report from Doctor's in Mumabi. it has to be one the cerified civil surgeon.
    You can ask your wife to have all immunization record ready. Talk to some civil surgeons in advance and explain your situation and ask if they can provide blood report in one day. Mostly they send blood work to another blood lab so you may have to contact lab if they can give the test result in same day. Although ppd test is required but you can try to convince civil surgeon to skip it and go with just x-ray and later deal with rfe. Or you can ask civil surgeon if he accept PPD report from some other doctor's in India. Another option could be that she can take PPD injection in india and show it to the civil surgeon here. Explore all your posibilities here. You have enough time to explore your options.

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