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  • Sheila Danzig
    12-12 08:03 AM
    Almost all holders of the CA have a 3 year BCom. We have had, as far as we know, 100% approvals (for only a few cases) showing the CA = US Masters with the proper documentation and a professor's expert opinion letter. However the strong evidence points to the equivalency being a BA.

    Easygoer,

    From your reply, I get that you got your EB2 approved by equating CA to Masters degree. Can you let me know whether your bachelors degree was 3 years or 4 years?

    Also, could you let me know which month and year your appeal got cleared?

    Thanks a lot for your help.





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  • srarao
    07-19 03:00 PM
    Hey it will not be a problem.
    I know who people who got green cards who were in this coutry during 2000-2001 time with out paystubs.

    Don't worry too much. More over ur wife is a dependent on ur 485.

    Don't worry and relax.





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  • globaldesi
    04-21 07:26 PM
    I want to bring out the plight of legal immigrant community that has been silently suffering the consequences of a broken immigration system. It really baffles me that all the focus in immigration debate is on ILLEGALS when highly educated LEGAL immigrants who play by the rules, pay taxes and follow the law are left in the lurch. Attending to legal immigrants plight will also send a positive signal to the ILLEGAL community to see the perks of being LEGAL. Right now, it seems more rewarding to be ILLEGAL than pursue the LEGAL route towards immigration. What an irony!
    The country based quotas imposed on Employment Based green cards are not only unfair but self defeating because the benchmark is country of origin and not qualification! Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy.
    The immigrant community is really looking at President Obama to deliver on his promise of CHANGE - Change that we can believe in.





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  • murali77
    08-05 12:34 PM
    poorslumdog
    Please email me at win77in@gmail.com for the CSCP material.

    thanks
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  • jsb
    12-29 09:40 AM
    Some ides that I have heard work are

    1) Calling congressman/senator and asking them to help your case.

    2) Writing to Ombudsman.

    Since no one in America does much of anything in December I am planning to start trying with congressmans office in mid Jan. I have to do something and try - I cant keep sitting hands folded. Or they will say quota is over before we know it - remember ROW is at 2005.

    That's true that Dates becoming current does not necessarily ensure that someone will work on your case. Writing to Ombudsman might help (but not necessarily). There is a simple form, Form DHS-7001, fill it and send to Ombudsman (address to send to is on the form - you can search for the form). They forward it to your Service Center for an answer within 45 days. If your dates remain current for this 45 day period, there is a chance that your Service Center will look at your case. If not, Service Center may just wait until your dates are retrogressed again and send a standard reply that you are not current.

    Taking an InfoPass might initiate some action too.

    Best of luck....





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  • rajs
    12-27 12:31 AM
    my PD is april 2001
    and still waiting , & when we call ins we get a letter
    still in processing time :(
    what can we do?



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  • AZ_GC
    08-20 04:17 PM
    We all know that LC can be used by the employer for substitution and I-140 is owned by the company too. The employer cannot be charged with anything even if you take him to court as he has not done anything illegal, except for breaking the verbal agreement between you and him. What you can do is take the wire transfer details or copy of the check you gave him and tell him to give your money back or you can prove in local court that the money was transffered to you (if he refuses to pay back). Of course this would mean you will probably lose your job and the H-1 status. Basically you will have to swallow this pill and just wait till dates get current or do H-1 transfer to another employer.





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  • Soul
    02-11 03:28 PM
    When did you vote Majeye?

    - Soul :goatee:



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  • styrum
    12-19 03:48 PM
    Moreover, the decision totally ignores the fact that "The basis for adjustment is not actual (current) employment but prospective employment" and the entire answer to Q10 in Part I of the Aytes Memo od 12/25/05
    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    Still his main problem was that the employer had requested a withdrawal of 140 (apparently doesn't matter when it was actually revoked by USCIS) before 485 was pending for 180 days.

    Resume: make sure the petitioning employer doesn't revoke 140 before 485 is pending for 180.
    As far as actually working for them: You don't have to work for the petitioning emplyer since it is for a "future" position. But if you never do and then (after 485 has been pending for 180 days and provided 140 was not revoked) port to another, how do you show you ever had the intent to work for them? The same answer to the same Q10 in the same memo says: "Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate." So what will be your "additional evidence" of your intent if you never worked for the original petitioning employer? Looks like working for the original petitioner (not neccessarily for all the 180 days after 485 was filed but as long as they don't withdraw 140 before 180 days is up) is the main proof of your intent to work for them and their intent to hire you permanently after you have GC.





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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



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  • pointlesswait
    11-25 04:44 PM
    the quaterly spillover.. is that just speculation.. or has USCIS confirmed it?

    I dont see any news release saying that there will be X number or quaterly spillovers...

    Can IV get some kind of inputs..on how sure are these quaterly spillover rumours??





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  • alwayson
    11-04 12:15 PM
    EB2 India - 15-FEB-05
    EB3 India - Same



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  • laborchic
    07-06 04:21 PM
    Go IV .. Great going...





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  • pani_6
    01-06 04:17 AM
    http://dallas.eknazar.com/Classifieds/product_desc.php?id=254085
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  • Carlau
    06-19 10:42 PM
    What is EVL, is it experience letter.

    yes, EVL is Employment verification letter, is a letter saying that you work for the company since... as ... (the position from the database).. for your real annual salary





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  • x1050us
    07-19 10:24 AM
    All;

    The problem here is not just the TB skin test, but the blood test that tests for HIV and the other STD. It is mandatory for the Civil surgeon to draw blood and check for these. My civil surgeon told me he will not accept these 2 tests from any other doctor. I got the TB skin test done at a local clinic before the medical appointment and he accepted that.

    Also, XRAY's are NOT madatory. Only if you have a positive reaction to the skin test then you are required to do the XRAY to rule out TB.

    About, sending the medical reports later, all discusssions here point to the fact that there is no concensus. It would be every attorneys call if they want to submit without the medicals. But, remember USCIS document clearly states that you are REQUIRED to submit medicals. No where does it mention that you can send it later on. So, in the event that you do not submit your Medicals and they reject your I-485, you will really have NO legal basis to appeal other than make a plea.

    I also agree with the person who warned you about the flights getting delayed. You are cutting it too close! Your wife needs to come back earlier. If this is an emergency, then she should come back, get medicals done, submit I-485 and then go back. All this can be achieved in about 4-5 days. Ask for an EMERGENCY appointment at the consulate. PLEAD your case. Dont walk away from the consulate till they give you an EMERGENCY Appointment

    I strongly suggest that she shoudl catch the next flight back and return. You are not going to get this "chance" anytime soon again.
    What will be the basis for emergency appointment ? I was strictly warned not to mention AOS as the basis for the request as it can seriously harm.



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  • Soul
    02-11 03:23 PM
    Guig0, I meant 'over' because I finished my entry, not because the voting was over.

    Thanks Majeye! :beam::bounce:

    - Soul :goatee:





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  • sumansk
    12-20 04:40 PM
    I think what he is saying demands attention by the lawyers and core members.Thing is we never know what is going on until there is some transparency. The law many times is open to suit ones needs and I suspect DOS may be doing that.

    Live Life !!
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  • realizeit
    02-11 10:34 AM
    I personally think Mr. MPADAPA's assumption is wrong. Last year (2008), the spillover came from Family quota of 2008. Spillover from Family or Employment quota of a particular year cannot be given to the following year. So the fact that there is nothing left from the family quota of 2008 doesn't change any situation here.

    So, this year the spillover that Employment category can get from Family quota will be the unused numbers of 2009 Family quota.
    This is just my thought!

    DOS recently released the visa usage statistics for FY 2008 (http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf). For once USCIS managed to use up all the visas allocated for the year. Kudos to USCIS :D But it comes with a price for EB folks. For the past few years, forward movement of PD during the last months of the FY has been propelled due to the spillover of unused FB visa's from prior year. Remember last year almost 23k FB visas got spilled over to the EB limit and caused significant forward movement of PD's for EB2 I/C. Unfortunately in 2008 USCIS used up all of the FB visa's, hence there will be no visa's to spillover:mad: I had consolidated the visa usages in the past few years, Here is a link to the document (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en). The document has hyper link to the source for all the data.

    If you are EB3 I/C and wondering why dates didn't move in 2008. Here is the answer,
    EB3-C and EB3-I got 1,985 and 3,576 visa's respectively. With such kind of visa allocation there is no doubt about why the dates aren't moving.

    If you are EB2 I/C and dreaming that somehow the new spillover would take care of things. You might be pleasantly surprised by the usage of EB1 and EB2-ROW in 2008. Last year many were dreaming that all of the 23K FB visa's would directly go to EB2-I/C but the data shows otherwise. EB2-C and EB-I got 6,967 and 14,819 visa's respectively for the entire 2008. If all the 23K visa's were used by EB2-I/C then their respective numbers would have been much higher.

    Bottom line: Without significant change in the EB limit through recapture or increase in EB limit. The forward movement of PD will be a trickle atleast for the rest of the year. We can pray and do whatever before every bulletins, but the numbers cannot lie and hence the bulletins would be a disappointment (for many) until we grasp the reality.

    Let us get our acts together and start working together towards some constructive actions like a bill or an amendment. Let us have a healthy debate on what needs to be done.





    chakdepatte
    10-29 10:32 AM
    been 90+ days no news on AP. called USCIS for delay and now I get an email about RFE on me and my wifes AP.

    any ideas, what type of RFE's being issued for APs?

    response will be greatly appreciated.

    -Chakdepatte.





    sam_hoosier
    06-05 12:15 PM
    Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.

    Wasnt it I-140 approved or approvable ? Or am I missing something ? :confused: