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  • mirage
    06-05 08:38 AM
    I tried to understand the 'Change jobs after 180 days' of filing I-485, but didn't understand if they are planning to do anything different..





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  • seahawks
    08-10 10:16 PM
    LS is not illegal until the employers sell the labor. LS is legal channel where in employer fill the position with somebody else, if primary applicant it not available for some reason.

    But some employers are exploiting the law and selling it. This is ILLEGAL. I agree with that LS is LEGAL until it goes in a legal way. But selling or getting other benefits/gifts from the employee is completely ILLEGAL.

    Since USCIS cannot find who is selling and who is not selling, they banned it. It is a good move from USCIS, but it is too late. Too many got like this and enjoying the benefits leaving other poor souls who are waiting in line from years.

    I had a friend who came here after me, say I think in 2001, he got laid off and had gaps in his employment, he married this girl who joined a company head quartered in IOWA, the payroll stubs used to be in excel sheets. He was probably in the point where if we went to India, they would not have let him come back on H1. They paid 10K to get LS (adjusted through employment for 1 year) and when I-140 and 485 were being allowed for consecutive filing I believe Dec2004, filed it. He called me a month back saying they got their physical card. His PD date somewhere 2004 EB3. My PD March 21 2003, am I frustrated of course, but I am frustrated with the system that has loop holes, as pointed out there are hundred of people who have legitimately used LS.. there is no point losing sleep over it.

    The need of the hour is this, to be together and fight together, not among each other. IV does not differentiate between LS and non LS, or degrees or anyone's individual cases or scenarios. IV's goal is very simple, GC process should not take more that 2 years and anything that reduces the total time frame, that is what IV stands for. Time is key, lost time cannot be regained, what is in for is now and the future, lets stick together and think about how we can help IV meet this goal, that none of us should be waiting many many more years to come. Can we all agree on this and go forward please?

    Thanks and appreciate everyone's understanding.





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  • chanduv23
    08-11 09:17 PM
    IMO, the key criterion is "occupational classification" under which the new job falls under, not the technologies used. For example, it is logical to conclude that a Software Engineer position that requires programming in Java is in the same or similar occupational classification as a Software Engineer job that requires programming in .NET.

    One could argue that .NET is a different technology than Java, but most if not all would agree they fall under the same/similar occupational classification.

    So as long as you can make a strong case that the occupational classification for jobs is the same/similar, I don't think there is a problem.

    Then again, I am not a lawyer and all that...

    In that case, both my old and new job (responsibilities and titles) fall under 15-1031.00 if we take into consideration a broader classification where job duties are the same but technologies are probably 60% same but some technologies mentioned in my L/C are obsolete and my current employer does not list those technologies.





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  • mn1975
    05-13 04:39 PM
    there is something like fiancee visa, please search for more details on that
    thanks



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  • ragarwala
    08-12 08:33 AM
    Masterji, Did you get your greencard in hand yet.





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  • Libra
    09-19 04:43 PM
    Did you ask pappu? man, you missed it. when you come next time make sure you'll take your GC with you. yesterday i came to DC to get my GC but forgot FP appointment today and showed up one hour 30 mins late.

    I was also looking here and there after rally no one handed me my green card :D



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  • ashneels2001
    12-12 08:46 AM
    Eagle,

    I have been reading all the valuable suggestions being provided to you by the senior and exisiting members of immigrationvoice.org. I feel your pain and frustation. I would like to point out a few things which no other member did so far for you:

    Your application has been denied. I am sure you have already filed an MTR unless its ready to go out in the mail. If you are lucky your MTR will get approved or it will be sent to AAO office which is taking roughly 18 months for a decision.

    My advice to you is to file a brand new I140 EB3 application along with your MTR as that will allow you to maintain your priority date and start a new I140 application. Consult my advice with your attorney and see if he agrees to what I suggested. If he does then he should not charge you a consultancy fee as that advice would have come from you not him.

    There is no way any credential evaluation agency can equate a Indian BCOM degree to Bachelors in Business Administration in USA. If you center was NSC they are known to deny cases such as yours. TSC is following their footsteps.

    In your appeal you need to concentrate on your Masters Degree as that was the requirement for your job profile on your LC.

    You need a strong lawyer in your case who can justify and question USCIS decision. Feel free to ask me any other questions related to my advice.

    My best wishes to you!





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  • jamesbond007
    10-21 09:23 PM
    Suresh,
    Sanju just posted in the open what he wanted to say. He has some valid points you know; regarding how some people get fixated on the red dots. Would you have liked it better if he just gave you a red dot anonymously?

    But please do not try to compare the dotting issue with the immigration issue.
    If the immigration system is fixed, who cares a hoot about these dots? None of us would even be here if there was smooth legal immigration in this country.

    Let the core work on the real issues.

    And for the record, I personally do not like the dot system. I am in support of leaving all the comments in the open.

    I also remember reading on this site some time ago that the dotting system came with the software used for these forums. And its not a simple flag that can be turned on/off to enable/disable that feature.


    Sanju,

    There are two issues that I have posted on this thread.

    1. Interpretation/understanding a post.
    2. RED DOT issue ( this is not my priority) . If you read the post keenly.

    You, .. your self have made a mistake in Interpretating / understanding the post and reacted overly on the second issue by cornering the actual post.

    Do you call this as a Interpretation issue?. Did you get what am I saying. First , read and understand what others meant to be. Don't JUMP on it.


    If IV cannot fix this RED DOT issue, how could some one believe in IV would fight for FIXING broken immigration system?.


    Perspective is not always matters, there are times .... some thing else matter too. Which is called "Self Respect"

    When few people are spending time and knowledge on sharing their thoughts/ideas, how good it would to use F***words against them?.

    There are many BAD words ... that some members have used against of my friends. Who no more wanted to participate in IV?.


    Did you get what am I saying?



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  • Sheila Danzig
    02-25 09:21 PM
    I changed it to clarify. The answer is YES, we have had 100% approvals for CA=MA, but we have done relatively few. This is based on Indian documentation that CA=PGD. However the stronger evidence points to CA=BA. As you can see someone on this board got an approval for our evaluation for a CA=MA with a professor's expert letter. The professor's letters are not cheap but effective.



    Sheila -

    I noticed that you edited post (Re:CA) after my post suggesteing CA is equivalent to Bachelor's program.

    Your original post on 12/12/2008


    Your post after editing on 02/23/2009


    It seems that you have changed position after my posting.

    Have a good day!





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  • sidm
    04-10 12:51 AM
    ^^This is not gonna happen... and even if it did....well I guess the companies will finally take notice when there are no new people to hire and fire and their bottom lines are hit with permanent hires for every small and odd project......guess what that they will do then....outsource more work to other countries......:)

    Good or bad, Virtue or Vice, companies simply can't hire permanent employees with full 'American' benefits for short-term projects....this where the consulting leeches come in.....its all supply and demand man....



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  • optimystic
    10-12 06:17 PM
    Yes, your point is entirely valid. I didn't know about this cross-country provision. Another unfair provision.
    In fact, my point was that unfairness should be dealt with on all possible fronts. If the system works properly, nobody will need to do anything that is even remotely unfair.

    I have a strong gut feeling that 2009 would be a good year for EB3. They will start approving more cases I think.


    I certainly hope for the best this year. My PD is currently current, but I am still helpless. Can't file a service request nor know any kind of status (unless on pure luck I run into a good natured IO over phone or infopass). Just have to pray that they find and get to my application while dates are still current.

    This thing is a dual headed monster....If you conquer the PD head, the processing date Head pops up and vice versa.... I was in same situation briefly ( a month or two of PD being current but Processing dates stuck at July 2, 2007 at NSC) early this year and had to sit back and painfully watch the PD for EB3-I becoming 'U' again. I am more afraid of the 'unavailability' than retrogression now!! With retrogression you can atleast hope it might become current in the next month or one after that. But with 'U' , you just have to wait until Oct next year !!!

    The moment they advance the PD for EB3 I and my application still remains untouched , I am gonna try to take that info , take an Info Pass and ask the IO, if they had advanced the PDs, it means they exhausted every application that could be approved and wanted to find more....so what ever has happened to my case !! I hope it wouldn't come to that.





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  • gc_check
    04-29 02:47 PM
    Quick Chain of events .

    India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .

    'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)

    1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.

    2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .

    4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.

    5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.

    Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.

    Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.

    All it suggests is - "Well, There are many other players too in every other area - Defense, Science, Space, Medicine, etc... and may be US 'is and in some cases was' the leader, but definitely the Influence, Power, Respect, Trust etc...US used to have in the past is for sure diminished now and it isn't going to turn for good unless this country change for better !!!" Definitely at least I think not the change Obama envisioned !!! US is not the nation of immigrant's it used to be any more at the World's eyes. Well, the hard working people are are good, but The leaders in the center work for and lobbyist and the corporate greed was the basis for recent policies and now it is paying its price. In past it was like for the people, now it by for the lobbyist who can influence the 60 people in Senate and few hundred people in the house and for the companies who can hire these lobbyist decide the policy :o .
    Bad policy that is not well made for the changing globalization is hurting here, while it is helping the people in other geography.

    Having said that, I do not see any connection with immigration reform or what so ever...



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  • indian
    12-20 06:14 PM
    Hi,

    Great post. Question: does anyone know where -- preferably online -- can I get hold of the text of immigration law sections referred?

    I am not doubting the veracity of the post. But I think it would help if I -- and also others -- can actually read the relevant sections, and possibly the entire chapter, of the law text to really understand for ourselves what it says.

    I think doing this would also help us have a much more informed and to the point debate.


    Indian.





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  • gc_mania_03
    10-22 01:59 PM
    My wife's AP was approved today. The receipt date on the original filing was Jun1st.

    Since, we had to visit Canada shortly for a conference, we took the invitation letter to the InfoPass appointment. The person at the counter asked us the fax the documents to the Nebraska office and we did that the very same day.

    After a week, we received an approval email.

    I also had contacted the CSC around 20 days before the infopass appointment, even though I chose the 45 day options while booking the appointment.

    Hope this information helps others.



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  • mihird
    05-26 01:47 AM
    I spent 5 full years in Canada from 1995 2 of which I did my MS (in Montreal - Quebec) and 3, I worked for one of Canada's largest software companies in Ottawa - Ontario. Over the course of these 5 years, I acquired both my Canadian green card and Canadian Citizenship..

    From 2000 onwards, I have been in the US languishing in this stupid EB Green Card queue...

    I originally hail from India, so can give some clear opinons on how life is comparatively in all three places.

    I will firstly agree with someone who mentioned that rather than considering Canada as an option 2 after the US, one should consider our home country..honestly, I believe our home country should be the no. 1 priority on our list. The real solution to all immigration problems lies in the balancing of economies on a global scale...and we as the H1-B skilled workforce are the best people for making the Indian/Chinese economies move forward....reduce unemployment there and improve the wage standards...

    As for Canada, except for the cold, almost everything about Canada is better than the US in my opinion - better quality of life, better social security, better health care, safer neighborhoods, better education, better immigration system etc. etc..if you hail from a tropical place like India, the cold WILL bother you, though....

    Montreal is 50% English/50% French, and I had no problems living in Montreal although, I know nothing about French at all..

    From a pure money stand point of view, it is true, that you will somewhat make more money in US, but most of that will be offset by the higher healthcare costs and higher housing costs...

    Frankly, if this 6+ year wait on the US Green Card doesn't go anywhere, I will definitely consider moving back to India, rather than Canada...in 2007 or so...because, I feel, I have spent enough years away from India, accrued enough wealth and owe my time and energy to building the Indian economy....rather than giving my years to any of the western countries....that already are well developed...

    My .02 cents..





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  • chumki
    12-17 07:13 PM
    Changing jobs after 180 days of I-1485 pending/ I-140 approved.

    Simple question:

    1. Should I file AC-21 Memo with USCIS or not?

    2. What are the risks of filing AC-21?

    Note: I am working on EAD in Texas and my Labor was at IL but similar job.

    3. Does Ac-21 always trigger a RFE and/or Interview?

    4. What are the advantages of filing AC-21?

    Please advise.



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  • perm2gc
    12-20 06:21 PM
    Does USCIS provide any clear documentation regarding the Visa Allocations?





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  • sanjose
    07-13 03:58 PM
    Congratulations !

    To others,

    How about if IV publishes his brief story( off course with his permission), congratulating him on IV behalf, in all national news paper ( with or w.o his name ) Date of entry, profession, long time wait- reasons and all opportunities he may have missed, couldn't buy house, collage-tution probelms etc and all struggles he has his family might have faced. point by point.

    Money would come from special campaign. NY TIMES, USA TODAY, Chicago Tribune, Washington Post, Miami Herald etc. News paper industry is struggling so won't cost much to buy a half/quarter page with a title - " An untold story of legal immigration" Or similar kind of eye catching title. Not more than 10-12 lines stating thousands others are waiting in line...

    There won't be difficult to get more his kind of cases to run it on regular basis in future.

    Any one ?

    I agree 100%. And send one copy of the news paper clipping to OBAMA !!





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  • chanduv23
    08-14 05:21 AM
    This is called OBSSESSIVE COMPULSIVE DISORDER





    desi3933
    02-19 02:14 PM
    Almost all holders of the CA have a 3 year BCom. We have had, as far as we know, 100% approvals showing the CA = US Masters with the proper documentation and a professor's expert opinion letter. Also with AMIETE.

    Sheila -

    Please refer to this pdf from CA web site
    www.icai.org/resource_file/42prof.df.pdf

    CA as well as ICWA are post high school (10+2) programs. Therefore they can not deemed as Master Degree level courses. In fact, I did my ICWA along with my graduation from IIT. Just because most people do it after BCom does not make it Masters level program.

    In the case when/if USCIS determines CA India not to be of Masters level program, it can affect even the approved I-140 petitions.


    __________________
    Not a legal advice.
    US Citizen of Indian Origin

    Sheila -

    You have not responded to my post so far.

    How can CA/ICWA be equivalent to MS programs as they are post high school courses? These courses do not require graduation for admission.

    Have a good day!





    Hello_Hello
    10-29 01:50 PM
    No sir.
    USCIS has been publishing, the total number of application for all kind of services have been falling sharply in last 2 years. This is plain harassment and nothing else. I think it all started in 2007. As you guys know there were mass applications filed in 2007 from everyone who were current including EB2/ROW/I/C and EB3 /ROW/I/C.
    Just my Honest Opinion.



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