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  • knnmbd
    05-11 03:16 PM
    Guys,

    I keep hearing that "STEM will be exempt from the quota". What EXACTLY does that mean? Does it mean that:

    1) STEM's can apply for 485 straight away if labor is approved regardless of PD?
    2) STEM's still Cannot apply until PD is current, but after that no more waiting for the country quota

    Yes. If you have a Advance degree in STEM + 3 years experience in U.S on H1b or OPT for F1 visa holders ( the experience is not required as per SKIL bill) AND have Cleared the LC stage AND have applied for and cleared I-140( with the concurrent filing going away) ,then you can file for I-145 irrespective of what the PD is at that point of time and irrespective of what your country of birth is.





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  • unitednations
    03-24 12:07 PM
    although this doesn't fit 100% to your case. You may want to look at the attached administrative appeals office decision.

    Essentially, a person was denied in eb2 because they had a 3 yr bsc and 2 year masters. they had education evaluationstating that masters indian degree was equal to us masters degree.

    nebraska service center stated that 3+2 is not equal to masters degree. Admininstrative appeals office decision approved it saying that it didn't matter how long the combined study was. As long as foreign masters equals us masters then that is all which needs to be proven.

    My experience has been that texas service center sends an rfe for this 3+2 education. I know of 8 cases where thie decision was shown in the rfe and they all 8 got approved. I know of one case in nebraska where this case was shown and they still denied it stating that it wasn't a precedent decision (person already had another 140 denied and there was some history in his case which i believe caused nebraska to deny it). Odd part was that the appeals office decision was from nebraska service center





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  • Caliber
    04-01 03:12 PM
    Thanks a lot Praveen and Amit. Hope your action will motivate others too.

    God bless you.





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  • zico123
    06-21 06:52 PM
    if we go to canada to get H4 stamping will they ask for her pay stubs or just my pay stubs are enough.
    H4 is a dependent visa and there is NO legal employment allowed on H4 status.
    Is there any chance of rejection. also can I go to canada for stamping or do i have to go to home country.
    if wife's stay in US has been legal and she has been in status then there should be no worries. For H4 make sure you carry all the H1 documents as well.
    is there any site or posting that explains the process of applying for H4 in canada.
    check websites for US consulate in canada where you want to go for stamping. They will list all documents required.



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  • xu1
    07-21 01:05 PM
    I first immigrated to Canada, got my citizenship and then came here to the US and am languishing in this stupid GC queue for the past 7 years..

    Inspite of all the freedom to go back to Canada, I would now, rather move back to India than any other place...

    Forget the little hardships in India..what matters is that India's IT economy is booming...booming like probably no where else in the world!

    Why not, go back there, repay the country that gave me all the skills in the first place, and at the same time participate in that booming economy?
    I agree with the sentiment. But the reality is many immigrants who evaluate the canadian option would want the paperwork that you have. Don't indian citizens, like the Chinese, require a visa to visit EU countries, commonwealth countries such as Australia, Fiji, the carribeans, pretty much anywhere in the world? Especially the more entrepreneurial ones amongst us all would want easy access to western markets and eastern talent pools. Sure it's still manageable to foresake what you got here, but I really want easy travel documents and the freedom to choose where I live and work.

    There's no need to discourage people who choose to want to stay in the western hemisphere for a little longer.





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  • checklaw
    07-20 01:49 PM
    Delivered July 2 @10:24am Fedex



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  • atumalla
    05-21 03:10 PM
    * NSC I-140:
    EB-1A = 01/19/07, EB-1B=04/27/07, EB-1C=02/21/07, Schedule A=02/15/07, EB-21 = 06/05/07, EB-2B=02/27/07,
    EB-3 = 03/10/07,
    EW = 03/01/07

    * TSC I-140:
    EB-1A = 08/26/07, EB-1B=08/26/07, EB-1C=08/26/07, Schedule A=08/26/07, EB-21 = 08/26/07, EB-2B=08/26/07,
    EB-3 = 08/26/07,
    EW = 08/26/07

    Website now shows April 15th dates.
    Looks like they are changing the dates again...





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  • rarundas
    05-25 10:31 AM
    Illegals beyond Jan 2007 will be deported anyways. So becoming illegal is not an option anymore.
    how do you track the date of illegal arrival to the US when there is no documentation?



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  • pal351
    06-23 04:02 PM
    You are absolutely correct, u did not miss anything.
    - fill the complete i765 form, dont forget to sign
    - copy of 485 receipt
    - front and back of current EAD card
    - 2 photos (make sure to write A# and name at the back using a pencil)
    - check payable to US department of homeland security
    - file it correctly to the right service center (dont worry if the address is different than what u filed last time)
    - nothing else (since its a adjustment of status case, there is even NO need of i94)
    - Just make sure A numbers are written properly everywhere.


    Hi Dilip,
    One Last time please

    I am filling the I765 Form.

    I have couple of questions.

    1) in 11th column. Which USCIS Office( Am I write Nebraska or Nebraska Service Center) and What about Date? which date .... EAD Applied Date or EAD Approved Date?

    2)I Enetred in to US Using AP but I am on H1B only so what is my Current immigration Status and Manner of Last Entry

    Please Input your experiences.





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  • chanduv23
    10-15 12:28 PM
    Oh no wonder this guy was sitting quite.. Probably he was waiting for everyone to leave... :D:D

    Oh I forgot to mention.. I reached home at 11 and found several envelopes laying on the floor at my doorsteps..


    I received my receipts, FP notice and EAD all at same time.. YAHHHHHOOOOOOOO


    USCIS found out that I attended IV Social Event and sent me my EAD ;)..


    Your journey towards victory starts from here. Congrats for all those documents



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  • engineer
    02-28 07:06 PM
    This is the article my wife wrote for her class assignment. thought to share..

    Spouses and Dependents of Legal US Immigrants Should Be Granted Work Visas
    America is known to be the land of immigrants. Immigrants have been a part of American history. There is a lot of debate going on these days on the issue of illegal immigration in various social and political circles. But we also have a fairly large number of legal entrants in America who are officially documented residents. Spouses and dependents of many of these legal U.S. residents are not granted work visas, inherently. Instead they are issued H4 or dependent visas. H4 visa type allows dependents to stay in United States as long as their spouses are legally employed in any organization within the U.S., but they cannot obtain jobs as per the current labor laws. This is a sheer waste of talent for many who migrate to the land of opportunities with a desire to live the American dream. Not granting work permits to the spouses of H1-B work visa holders, makes them feel financially dependent and estranged. Many of these immigrant spouses are highly-qualified professionals with marketable skills but cannot obtain a job, by law, despite being in U.S. legally. By all fairness, dependent spouses should be granted work authorization for the sake of their social, economic and emotional well-being.
    According to the U.S Department of state, �The Immigration and Nationality Act provide several categories of nonimmigrant visas for a person who wishes to work temporarily in the United States. Some of these categories include H1-B (person in a specialty occupation), H2-A (temporary or seasonal agricultural workers), L (intra-company transferees), F-1 (students with demonstrated intent to return to home country upon completion of undertaken program) and Q-1 (participants in an international cultural exchange program) visas. With the exception of "Q-1 Cultural Exchange Visitors," a person who has received a visa as the spouse or child of a temporary worker may not accept employment, in the United States� ("Temporary Workers"). Dependents of non immigrant visa holders on H-4, F-2(spouses of student visa holders), and TD (spouses of citizens of Canada and Mexico), visas are directly affected by this law. According to a survey by NADISA (Network of Advocates of Dependent Spouses of America), �Most of these dependent spouses are immigrant women who do not have a penny to their name except by the grace of their husbands. These are some highly educated, well-experienced, motivated young women who are ready to support themselves, but cannot, by law, get a job despite being in the U.S. legally� (Shah).
    The inability to work in the U.S. on H-4 visa status creates a handicap for career minded women. It puts them at a disadvantage of losing several years of professional work experience. Mehreen Arshad, a graduate in commerce from Bangalore, India and an MBA degree holder from a top U.S. business school is one of the victims of this highly unfair labor law. She is on H-4 visa status for the past 8 years. She says, �This never-ending wait for getting work authorization has ruined my entire career. We are in process of getting Green Card (permanent residency status and work permit) for the past 8 years. Despite having an MBA from a U.S business school, I have been denied jobs several times because of my H4 status. Employers tend to prefer Green Card holders over dependent visa holders. Many organizations clearly state in their job ads that only citizens or green card holders can apply. This truly is a waste of talented workforce and expresses social inequality and discrimination towards legal immigrants.�
    With the rising costs of living, education and healthcare in America, not allowing the spouses of immigrants to work is practically like incapacitating them. Every member of the family needs to contribute to sustain financial stability. In a family where one person works and the rest are dependent on one source of income, it sometimes gets hard to make both the ends meet. Dependents of immigrant workers should be granted work visas or they atleast should be allowed to do temporary or seasonal jobs so that they can contribute towards family income to improve the standard of living.
    Dependent spouses often get the feeling of being financially controlled by their husbands. Since they are not the providers or bread winners for the family, dependent spouses are often kept out of the decision making process. They cannot make important decisions in life like buying property, starting a family or business because of the financial instability.
    In addition to the social and economic setbacks, spouses on H-4 often get the feeling of being alienated. Without work authorization, spouses feel that they are trapped in households and domestic life. Without getting a chance to work and ever being exposed to the local community, it becomes difficult for spouses to understand American culture and fit in well.
    Apart from obtaining work permits, dependent spouses are also not issued social security numbers and in many states they cannot even get a driver�s license. Due to all these restrictions, a lot of women on dependent spouse visa status become victims of abuse and domestic violence. �Without the ability to earn money independently from their abuser, battered dependent spouses are not financially secure to protest the abuse, leave the marriage if necessary, or even buy a ticket to return to their home country. Batterers use their financial control to keep victims submissive and often prevent them from staying in status or converting to another status. Without work authorization and the ability to determine their own futures once legally in our borders, many become vulnerable to domestic violence. Once victims, battered dependent spouses find they have no more protections than undocumented immigrants� (Shah).
    �In 2002, President Bush signed into law a bill which allows dependent spouses of L (intra-company transferees) and E-3 (citizens of Australia) work visa holders to obtain work authorization. No legislative reason is given for not extending this basic right to H-4 visa holders� (Shah). The current law prohibiting spouses to work on H4 status does not make sense to many because L and E work visas are exactly the same in nature as H-1B work visa, so it is hard to understand why spouses of H1-B work visa holders are still being restrained from obtaining jobs in United States?
    Anti-immigrants argue that there is a need to protect the U.S. labor market, so dependents of legal immigrants should not be allowed to work. But in case there is a demonstrated shortage of labor in any particular field of work and an individual meets the eligibility criteria, why should he or she be denied a job on the basis of visa status? There is a demonstrated shortage of workforce in professions like Teaching and Nursing in America. �In May 2005, the National Commission on Nursing Workforce for Long-Term Care released Act Now for Your Tomorrow report which found that there are nearly 100,000 vacant nursing positions in long-term care facilities on any given day�( Rosseter). According to National Education Association, �Not only are America's schools experiencing a shortage of teachers, the growth of ethnic and minority student enrollment is creating a critical need for minority teachers to provide positive role models for the students�("Great Teachers"). With the established need of workforce in teaching and nursing areas, dependent spouses meeting the eligibility criteria can be effectively employed in these professions.
    There is also a demonstrated shortage of skilled workers in Engineering and I.T related fields. Few days back Bill Gates, the chairman of Microsoft Corporation commented that there�s an insufficient amount of skilled people in the U.S. labor pool. "Gates argued that, "If the demand is there, why have the regulation at all?" In a statement, Mr. Gates was quoted as saying, "Anybody who's got good computer science training, they are not out there unemployed. We're just not seeing an available labor pool." He further added, "The whole idea of the H1B visa thing is, don't let too many smart people into the country". (Murthy) One way to get around this shortage of skilled workers could be granting work permits to the highly skilled I.T professionals who are already in the U.S. as the spouses of H-1B visa holders.
    In view of the above arguments it is imperative that these highly skilled legal immigrant spouses should be granted the right to work for their socio-economic welfare. Work authorization will not only provide financial independence to these women but will also give them the right to determine their own future in case they are trapped in abusive relationships. Also, these immigrant spouses can be prove to be incredibly resourceful in areas of work where there is already shortage of labor. This would indeed be a multifaceted beneficial pursuit, as not only it would support needs of the dependent spouses in terms of their financial well-being but at the end of the day, it is the national interest and economy enjoying the boost from further skilled input.





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  • factoryman
    07-02 01:26 AM
    Will appreciate a reply. I have a few more minutes to spare for today.
    US Consulate Mumbai published it's revised interview list for July. Quite a significant number of E3 cases has been scheduled.



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  • somegchuh
    05-24 01:25 PM
    I understand and agree with all the points except I am not sure how it puts ppl with pending 140 at risk. Can you please elaborate?

    Also, AC 21 repealed? So no switching of jobs after 6 months of 485? What about those who have already switched?

    Also, the current visa numbers are 9800 for a country annually. That limit goes down to 9000. Its a 10% cut but is that going to have major impact on retrogression?


    AC 21 repealed (disastrous)

    Bad for pending I 140 .... left in limbo

    Bad for pending LC .... left in complete limbo


    Bad for retrogressed.... backlog will increase phenomenally 'cos of decreased visa numbers





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  • cpbaherwani
    04-17 03:26 PM
    http://news.bbc.co.uk/2/hi/business/6562743.stm
    GBP too is also rising against USD and British shoppers are crowding New York stores.
    More food for your speculations :)



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  • unknown123
    03-24 12:53 AM
    I recently got an RFE to prove that my Master's degree is a three year course (and not a two year program) because the degree and the combined three year transcript don�t specifically state that it was a three year program.
    I have three year of Bachelor�s (BSc) and three year of Master�s (MCA) education, which was used to qualify for EB-2. I also have more than 10 years of experience in a related field.

    Unfortunately, I only have a combined three year transcript with a list of all the courses completed as part of program (Year 01, 02 and 03) and not three separate transcripts for each year of the program.
    I also have an education evaluation to prove that it is equivalent to MS in USA, which was submitted with the original application.

    I recently obtained a letter from the University stating that it was three year degree program with year of joining and completing the exam but my attorney strongly recommends on getting transcripts for all the years individually, which may not be feasible to obtain in a timely manner. She is not willing to do a fresh education evaluation and to respond the RFE without transcripts of each session/year.
    I know lot of my friends have successfully got their I-140 approved with a combined three year transcript from same University.
    What are my options? I need a second opinion and a possible representation, if required.
    RFE has to be responded by March 22, 2011





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  • GCBy3000
    07-25 03:42 PM
    Dont forget to consider 20K members of IV and the poll participation is 1-2%. So this poll is just for fun.

    DELIVERED ON 02-July-2007 447 71.18%
    DELIVERED AFTER 02-July-2007 181 28.82%
    Obviously those polls are not going to get you anywhere.
    its a waste of time and effort to come up with numbers because nobody will ever be able to come up with the right numbers including USCIS. So whats the point. Just have a kingfisher and chill. Please close this thread



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  • jfredr
    07-19 01:43 PM
    EB2 Reached on 2nd @9:01 AM





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  • psethi
    07-01 02:37 PM
    I am trying to efile AP and there is a question regarding date of intended departure and expected length of the trip. I am applying AP for emergency travel and don't have any fixed plans for travel now. Please let me know what to fill if any one is in the same situation who have e-filed.

    anyone





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  • unitednations
    03-16 02:22 AM
    Welcome back UN. One question. Does the USCIS have ability to check credit histroy.

    There is nothing in the law; where USCIS can deny a person's 485 due to bad credit. Therefore, they wouldnt' have any interest in checking this.

    They are on record that they will check publicly available information in help adjudicating cases. They usually; do this on h-1b petitions. They'll check the company web-site; company registration; whether office is in a house, virtual office, web-site of company giving purchase order, etc. They frequently quote whatever they find in denying cases.

    I actually came across a case where a company had 14- denied for ability to pay.

    There was a merger between companies and the new company filed the 140 using old companies labor.

    In denial; USCIS said they didn't believe the merger because a search of the california business portal showed that the old company renewed their business registratoin (evidence that it wsas still in business);

    since, president of the company had same name last name as person being sponsored; USCIS actually retrieved the president of the companies greencard applicatoin from 10 years earlier and quoted that the candidate and president were brothers because according to their g-325a's they had the same parents. They denied the ccase and invalidated the labor due to this.

    I remember back in 1994; IRS said that they were going to check peoples credit applications and comparing to peoples tax returns; they were going to try to compare the income people listed on their tax returns to what they were putting on their credit applications.

    If USCIS was going to try to get credit files; it would be in order to compare work/address history with what a person has put in their applications. However, they have a lot of other ways to verify this that they wouldn't need to go to a persons credit file. I know with the economy the way it is; people seem to be worried that declaring bankruptcy or having negative credit history affects their 485. However, not paying debts isn't considered criminal that it would impact a persons applications.





    HopeSprings
    04-08 02:53 PM
    Guys,
    The visa bulletin is out and looks like most of us weren't even close. Nevertheless, this prediction thing is fun.





    chanduv23
    02-23 02:05 PM
    Assuming that AC21 documentation does reach my file, is there any harm in it?

    I am not sure, but I have heard that most cases go through just fine because AC21 protects you, but only when ex employer withdraws the support for 140, some officers may want to ascertain that the new job is satisfying AC21 criteria and may ask foer more information than that was provided - now all this is based on what people talk about in the forums and on my discussions with people, as such, if you are doing everything by law there should not be any issue



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