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  • senthil1
    08-08 12:13 PM
    This situation may happen for many people. Now EB2 persons need to prepare for this situation because of PD movement. Also EB3 people also need to prepare for this situation in case recapture bill is passed. For chances of passing recapture bill is 50% and if it is passed it will be swift and fast.





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  • desi_voice
    04-16 03:07 PM
    They do not accept Indian 3 yr bachelors & 2/3years of Masters + 5 years for EB2. This has been discussed lot of times. They expect single 4 year degree.

    15yrs of education(India Bachelors) + 5 or more years of education for EB3 is accepted if certain qualifiers are included in the Labor.

    Just take care if you are dealing with attorney who saying above thing.

    Hi number30,

    I know many of my friends who have Indian 3 yr bachelors & 2/3years of Masters + 5 years experience post education applied in EB2 and got I-140 approved and many of them got their GC too.





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  • plassey
    08-20 08:01 PM
    Bottom line is that u got screwed. Labor is for a position with your employer. He may choose to give to anyone he wishes. Labor substitution thus was not illegal act on his part as it was permitted by the law.
    I-140 is his stuff .
    I-485 is ur stuff but in absence of I-140 it means nothing.

    Your only case is if he has violated any of the H1 provisions.





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  • leo2606
    08-07 11:59 PM
    I would suggest to marry a girl who is in USA with EB3-I 2007 or later PD, that way your marriage problem will be solved and you are helping a poor sole.
    Just kidding man... don't make me communist by giving REDs. :)



    Even if I back date my marriage (as advised) , How can I get my future wife to USA?. I cannot get her on depend status as my H1-B (I believe) got canceled on approval of GC.

    Issues I see,

    1. The back date of marriage must match to my stay at India.

    2. I did not visit India in the last one year.

    3. I applied my I-485 in the August 2008 time. So (I must mention my marriage and dependents in the application). Which I did not . So this does not work.

    See the troubles I have now.

    P.S: I did not want to cheat USA Immigration Dept. Not a good practice


    Let me know if there are any guanine ways.



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  • Michael chertoff
    01-26 08:02 PM
    We all migrated for one reason or other. Don't add salt to an open wound.

    I'm not from Andhra but I'm an Indian and always proud to be known as Indian. No matter what this place has to offer at time of crises if you can't help then don't hurt.

    I have been on F1 before, I'm waiting in line for GC to be approved. This forum is for information that will help.

    Can the Admin delete any post that hurt people.

    Agreed





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  • aparnak
    04-01 08:07 PM
    Fax 11 sent



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  • scorpion00
    06-16 11:40 PM
    It does not fall in that category

    Thanks for the quick response.





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  • gc_on_demand
    06-05 09:02 AM
    ~~~.



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  • Macaca
    08-31 10:38 PM
    This is your only chance. There is no more rally later.

    If you want to wait 10+ years for your green card, stay at home and hide. (Retrogression will just get worse, I guarantee). If you want to change your future and get a GC one day please show up at the rally. We are there to show that we even exist, no need to do anything else. We need everyone.
    No one cares about people who doesn't exist.
    I understand that you will be in DC!

    Way to go. Thanks!





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  • deafTunes123
    08-07 10:39 AM
    I am not sure whether should I consider myself under EB2- Jan 2004 or EB3 Jan 2004. Because, I didn't get any confirmation of the case interfiled. Of course its just this week that lawyer that initiated the interfile.

    EB-3 India Jan 2004
    Interfile to EB2 initiation 08/06/2008
    EB3 I-485 @ TSC
    Received on July 02, 2007
    Receipted on Sep 04, 2007.



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  • willIWill
    11-02 03:20 PM
    Guys, Thank you all for the support. I have responded with the same kindness. (Just the greens)

    And for those who gave reds, I always thought in spite of the gloominess, we still want to ponder at what the new bulletin has is in store. Anyways, thanks to you all too. Have now learnt that discussing future VBs has become a Taboo.





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  • dc2007
    08-23 03:13 PM
    Here comes one more preacher. Most people on this forum are no saint, they not even a man (or woman) enough to stand up for themselves.

    Please don't comment about anybody's else abilities without knowing him/her. You don't know me or what I have done. Then how can you comment that "not every man enough to stand up for themselves."

    Its easy to put comments/remarks like this. STOP THIS. And you are preaching, pushing : IN or OUT, please join ralley etc. I am not. Don't you understand ???


    We are a Union and thats how a union works that is actively supporting the cause of its members.

    You don't understand what does WE and UNION means and how to co-operate. I bet you must have issues with your co-workers also in work (if you work).

    How do you like my comments like this. This might get you more angry, but this is exactly what you are doing here to others.

    If one is stupid enough not to understand that we are trying to help everyone and thus this "one help" need to be demanded then god help that person.

    I don't need to justify my abilities or whether I can stand for myself or not, but the only reason I replied to this thread as I can't resist my self by seeing comments by people like you here.
    I believe in GOD very much and I believe that GOD does justice in HIS own way which most of the times we don't undersatnd. In short, I have seen very few unlucky people who are still in the process of GC with 8 years (like you). May be because of your traits this has happened to you. GOD's justice. May be you need to hear your inner voice and understand that don't hurt others feeling and don't need to go to DC or join IV.

    Understood, we all may have problems but those could be solved with whatever our share of work we can do to support this cause.

    See who talks about Sharing now :)

    If someone says that they don't know what IV policies and activites are and blames that nobody explained to them. Well... thats a lame excuse. It is very much on the front page of IV

    Number is the bargaining power and we are here to bargain. Period.

    Yes, u got that right. I am one angry man and regret that what I am doing goes against the spirit of IV.

    Now my direct question to you is : are in or are u out?

    My direct answer to you: With people like you propaganding for IV, I AM OUT.



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  • richshi
    12-08 10:58 AM
    Get one thing done is better than spreading limited resources on multiple topics. To increase immigration quotas is not achievable before presidential election is done.

    Why not just focus on getting name check delay solved. It is under congress scrutiny already, all need are to add more oil to the fire.





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  • senthil1
    06-20 02:23 PM
    This is a very valid point. If employer or his lawyer asks more money in fees for filing I485 it is always better to go thro employer if he files I485 promptly. But if the delay is intention of the employer then use your own Lawyer.


    I think u r in a trap here. I recently talked to a HR of a desi company and he clearly told me his boss does not want to file for 485 for all eligible applicants and is working on strategies to fool his employees into prolonging things till dates retrogress.

    U can choose ur lawyer, u don't have to let employer know u applying for 485 at all. Do not link ur lawyer and employer for any reason. Keep them both away. U already have 140 approved and u have nothing to lose.

    Don't fall into ur employer - lawyer trap



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  • rockstart
    04-21 03:13 PM
    Trust me there is no way you can sell a diploma as equivalent to degree program. I mean all people can do is if they have 3 Yr BSc + 2 Yr MSc they can hope that CIS accepts it as equal to 4 Yr BS degree. I have seen cases of AMIE candidates rejected stating that US does not recognize AMIE. Now in these two cases atleast their home countries recognize their degrees, In your case India govt will also classify you as diploma holder and not degree holder. Also how can you add 1st year BCom with Hotel Management diploma I mean they are 2 completely different streams?

    Here is a solution that I would have done if I was in your shoes. If you have enough time on your H1 then please enroll into a community college or University and try to get a US bachelor degree. I am sure your diploma will help you to get waiver for some courses so that will save time. Also taking evening classes will let you keep your current job. I know it is tough but that is pretty much the best alternative you have. USCIS has clearly stated that your diploma is not equivalent to US degree. I mean even the best evaluation agency can do is compare India degree program to US degree program how can you compare diploma to degree


    HI

    The minimum educational requirement for the diploma was 10+2. However I did 1st year of BCom out of choice before enrolling in the 3 year diploma. The diploma was for hotel management from a Govt Funded/recognized institute with nationwide entrance tests. DOnt know their acceptance rates but it falls under the umbrella of the Ministry of Tourism.

    I think in the denial letter the officer is accepting that I have an equivalent of a bachelors degree but is still denying it. My attorney thinks that he might be mistaken & might have processed the case as EB2 instead of EB3.





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  • waiting_4_gc
    08-28 02:50 PM
    I didn’t want to go to DC rally due to my surgery appointment (September 6th) because I can not fly for three weeks after the surgery.

    Guess what?, I have postponed my surgery appointment date, booked tickets and going to DC rally on Monday evening and flying back on Tuesday night.

    I also urge people to take a day off and attend the rally.



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  • abqguy
    06-18 02:43 PM
    Let me know when you have the action item for us. Thanks snathan.





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  • bobyal
    05-12 09:03 AM
    The bill text says there is NO fee and the applications need to be processed expedited.
    --------------------------------------------
    SEC. 10. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON FEES.

    Regulations promulgated under this Act shall provide that applications under this Act will be considered on an expedited basis and without a requirement for the payment by the applicant of any additional fee for such expedited processing.
    --------------------------------------------

    So once this bill passes, we can just forget about legal immigration applications for 2 ~3 years, until all illeagul and UNDOCUMENTED applications are processed.

    This is going to effect all legal immigrant community, think about waiting for AP, EAD, H1B application and guess people might have to suffer loosing jobs while waiting for these applications processed.





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  • eb3retro
    01-13 03:40 PM
    u know what, gcseeker2002 is correct to the dot. we do not need a transit visa while coming thru germany in lufthansa. no one even mentions that word. i called and emailed the german consulate b4 i flew out of US, all people including german consulate, travel agent (2 of them),, mentioned that i require it and still i travelled back without it. no one mentioned that word. trust me guys, u wont require it, i just came 10 days ago just with AP.

    NOTE : I also recd such emails from German consulate.

    Hey gcseeker2002, after 300+ postings also how can you post such a thing.

    This is new rule implemented and by thinking you as senior if someone goes and faces problem will you be responsible. So please don't do this boss.


    To All Who believe no need to have valid VISA while going back to India or their country.
    This is email got from German Consulate at Washington DC to my collegue.


    German Cosulate Rep at DC: You wrote that your visa for the United States already expired in September 2010. Therefore you do not fall under Exception Nr. 2. This exception is meant for persons travelling to the US holding a valid US-visa (e.g. a visitors visa with one entry) on their way travelling to the US (Exception 1) and travelling back to their home country during the validity dates of this same visa, but already having used it for entering the US (Exception2) . I hope this clarifies your additional question. I suggest that you apply for an Airport Transit Visa as soon as possible to avoid any problems when travelling back to India via Frankfurt airport.





    Alabaman
    03-21 02:54 PM
    Holla





    gauravsh
    02-21 01:22 PM
    I worked at a university and I140 approved TSC/AOS at TSC

    Sorry for my ignorance but what is TSC/AOS at TSC?

    Did you got your GC yet?

    My I140 got approved in sep'08 and I am a permament employe for a american company.



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