zeusjerry
03-27 11:05 AM
How about getting somebody who already got his green card, and after getting the card created jobs or did some inventions.
In such a case, we can definitely contact some of the desi CEO's etc. I am sure that they will be sympathetic to our case ??
In such a case, we can definitely contact some of the desi CEO's etc. I am sure that they will be sympathetic to our case ??
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mallu
04-13 10:12 PM
The exchange rate was Rs. 41.90
roseball
02-11 05:21 PM
Even if the Labor cert says "Masters" then as long as you had BS + 5 years experience before you filed for labor, to qualify for EB2, this should be ok.
This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.
Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.
Now coming back to the OPs case, I observe the following from the information posted so far:
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
- USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.
Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.
Now coming back to the OPs case, I observe the following from the information posted so far:
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
- USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
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raysaikat
05-21 03:19 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...
Interesting ritual one has to follow :)
1. Copy the link on your clip-board (highlight and Ctrl+C). E.g., the following is the link for TSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
2. Close *all* your browser windows. Perhaps you might want to open the task manager and kill the "process tree". But simply closing *all* the browser windows was sufficient in my system.
3. Open your browser. Paste the link (Ctrl+v) on the browser and voila!
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...
Interesting ritual one has to follow :)
1. Copy the link on your clip-board (highlight and Ctrl+C). E.g., the following is the link for TSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
2. Close *all* your browser windows. Perhaps you might want to open the task manager and kill the "process tree". But simply closing *all* the browser windows was sufficient in my system.
3. Open your browser. Paste the link (Ctrl+v) on the browser and voila!
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gc_chahiye
09-20 02:00 AM
i just read on another forum, that about 70,000 visa's come up for the new fiscal year which starts 1st october, so it might take a couple of months to see any movement, but it will happen, as they have got to wait and see and get a better feel for how many filers there were for july/augest, as they havent processed them all yet, then we will see something happen. so lets wait and see what the Nov bullitin says, and if the rally had any kind of effect.
140K visas come up for the new fiscal, not 70k. Those 140k are somewhat evenly split (20-30% each) across teh four quarters (its not an exact science, but thats the order in which USCIS requests visas from Dept of state). So the number of visa numbers used up in october is going to be much lesser than 70K, probably around 10-12k.
The backlogs are right now way too extensive to result in any major movement of PD with current quotas. If dates move in November, they are only expected to creep along... I hope I am wrong, but thats what it looks like
The effect of the Rally is not going to be on the visa bulletin; it is on legislators who need to now come up with some way to ease these huge waits (either recapture visa numbers or bump up the annual cap or both). unless congress wakes up to this and does something, we are in for a long wait.
==============================================
EDIT: Whoever gave me a -ve rep for this post, care to explain why?
==============================================
140K visas come up for the new fiscal, not 70k. Those 140k are somewhat evenly split (20-30% each) across teh four quarters (its not an exact science, but thats the order in which USCIS requests visas from Dept of state). So the number of visa numbers used up in october is going to be much lesser than 70K, probably around 10-12k.
The backlogs are right now way too extensive to result in any major movement of PD with current quotas. If dates move in November, they are only expected to creep along... I hope I am wrong, but thats what it looks like
The effect of the Rally is not going to be on the visa bulletin; it is on legislators who need to now come up with some way to ease these huge waits (either recapture visa numbers or bump up the annual cap or both). unless congress wakes up to this and does something, we are in for a long wait.
==============================================
EDIT: Whoever gave me a -ve rep for this post, care to explain why?
==============================================
boreal
10-10 10:12 PM
I hope it does some good to you and makes your PD current/closer so that you dont eat/sleep/drink VB. C mon man... There are other things you can do. Dont get offended by what I am saying. If your PD is closer, I can understand your excitement. But a lot of people are just killing time in forums by working their ass off on predictions and call it comic relief. I hope IV core members stop encouraging this kind of behavior.
Oh God! Take a break buddy. Why does everything have to end with - "please close this thread" or "hope someone closes this thread.." If you dont like to read something, just ignore the thread..dont show off the two feet inside the big mouth!!
Oh God! Take a break buddy. Why does everything have to end with - "please close this thread" or "hope someone closes this thread.." If you dont like to read something, just ignore the thread..dont show off the two feet inside the big mouth!!
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Macaca
06-15 02:41 PM
As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
Some unused EB #s were recaptured for families in following year. For example, in 1994 there were 29,430 (column 2) unused EB #s. However, 27,721 (= 253,721 (column 3) - 226,000 (family quota)) of these #s were recaptured for families. Thus, only 29,430 - 27,721 = 1,709 (column 4) were un-recaptured.
Also, 50,000 unused EB #s from 01-04 were recaptured for Schedule A.
Finally, unused EB #s in 99 and 00 were recaptured, hopefully for EB.
Thus, unused EB #s are more important then un-recaptured EB #s (mentioned above) since some of them have not been recaptured for EB.
The unused EB #s is 506,384 (total column 2) - 98,941 (99 recaptured for EB) - 31,098 (00 recaptured for EB) = 376, 345
Some unused EB #s were recaptured for families in following year. For example, in 1994 there were 29,430 (column 2) unused EB #s. However, 27,721 (= 253,721 (column 3) - 226,000 (family quota)) of these #s were recaptured for families. Thus, only 29,430 - 27,721 = 1,709 (column 4) were un-recaptured.
Also, 50,000 unused EB #s from 01-04 were recaptured for Schedule A.
Finally, unused EB #s in 99 and 00 were recaptured, hopefully for EB.
Thus, unused EB #s are more important then un-recaptured EB #s (mentioned above) since some of them have not been recaptured for EB.
The unused EB #s is 506,384 (total column 2) - 98,941 (99 recaptured for EB) - 31,098 (00 recaptured for EB) = 376, 345
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ashish3
11-08 04:21 PM
Thanks !! Wishing all the members and your family "HAPPY DIWALI GLOWING WITH PEACE , JOY AND PROSPERITY AND A SHORT WAIT FOR YOUR GC" ENJOY!!!
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franklin
08-23 01:15 AM
Check this out.....
http://www..com/usa-immigration-trackers/i485-tracker1/
There are people from India with PD 2005 whose I-485's have been approved lately.
I don't mean to sound dismissive, but I don't count as being a reliable source of information, since it is a tiny minority of total cases, and all information relies on user input - not the most reliable set of data, imho.
On the 1st page of "Country = india" and "case approved" there is 1 case that applied this year (feb eb2 with a PD of 02) - they were lucky. Everyone else applied before retrogression hit in 05 with the exception of a couple of eb2 with very old PD (00,01). 2 cases out of how many? 100s of thousands?
sanjeev_2004 - I respectfully disagree with your statement that the "pending visa number" situation will no longer occur. It will happen MUCH more. The number of available visas has not increased, the number of people that have applied for AOS has dramatically increased (either old or new PD). The visa numbers will be QUICKLY used up by those with old PDs, so those with newer ones will sit for a long time waiting for visa numbers to become available for their PD - they will become "pending visa availability" cases.
http://www..com/usa-immigration-trackers/i485-tracker1/
There are people from India with PD 2005 whose I-485's have been approved lately.
I don't mean to sound dismissive, but I don't count as being a reliable source of information, since it is a tiny minority of total cases, and all information relies on user input - not the most reliable set of data, imho.
On the 1st page of "Country = india" and "case approved" there is 1 case that applied this year (feb eb2 with a PD of 02) - they were lucky. Everyone else applied before retrogression hit in 05 with the exception of a couple of eb2 with very old PD (00,01). 2 cases out of how many? 100s of thousands?
sanjeev_2004 - I respectfully disagree with your statement that the "pending visa number" situation will no longer occur. It will happen MUCH more. The number of available visas has not increased, the number of people that have applied for AOS has dramatically increased (either old or new PD). The visa numbers will be QUICKLY used up by those with old PDs, so those with newer ones will sit for a long time waiting for visa numbers to become available for their PD - they will become "pending visa availability" cases.
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GooblyWoobly
09-12 11:53 PM
easy my friend...easy,....breathe.
yes, retrogression will remain the same for indians and chinese.....its already pretty bad for the indians. retrogression will hit ROW harder as they are current right now....atleast for EB2. let feb or march 2008 roll around then its going to get worse.
you dont have to get upset....just sit tight and watch the drama unfold.
otherwise you're welcome to fool yourself.
And, would you mind explaining why would ROW get affected? If they were current all along, all the ROW candidates must have already filed, even before july fiasco, right? So, just exactly how do they get affected?
Sorry for the outburst, but I sometimes get tired of people just throwing out speculations :eek: as if they are stating facts. So, back up your statement with logic.
yes, retrogression will remain the same for indians and chinese.....its already pretty bad for the indians. retrogression will hit ROW harder as they are current right now....atleast for EB2. let feb or march 2008 roll around then its going to get worse.
you dont have to get upset....just sit tight and watch the drama unfold.
otherwise you're welcome to fool yourself.
And, would you mind explaining why would ROW get affected? If they were current all along, all the ROW candidates must have already filed, even before july fiasco, right? So, just exactly how do they get affected?
Sorry for the outburst, but I sometimes get tired of people just throwing out speculations :eek: as if they are stating facts. So, back up your statement with logic.
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swami_nag
02-15 07:24 PM
1. If you are in IT field, you don't even have a grasp of software development lifecycle and the part QA plays in it. A good QA cycle is essential for a good quality product. It is your ignorance about software development cycle that makes you say good QA guys are not an asset for a good product and they are not smart as developers.
Well I am not a software engineer but I do understand the role it plays so I do know im not dumb. Thank you for your words of wisdom.but I wouldnt agree with the fact that people have to be flown in from other parts of the world for this, yes there are corner cases in every product validation cycle which needs really talented people the vast majority do not do that
A tenth grader with enough common sense can do good software development. India produces lot of people with good common sense and analytical thinking. That is one of the reasons for India's software boom.
IMO if you don't have a patent in your name, you are not high skilled enough.
2. How many consulting companies do you know do charge their candidates for filing H1 ? I haven't come accross any. It is illegal to do that. If someone is doing that, ICE is after them.
Do come out of your own imaginary world, I can forward you a dozen emails my wife gets from these so called messiahs of the IT industry. 3.
All I can say is you are as ignorant as some of the anti-immigrants in this country. You haven't seen the real world.Come out of your little world and look around to see the real world.
I am not anti-immigrant at all. There are good and hopeless people in every aspect of life , I see the H1-B visa or any employment based visa scheme as a prized posession and only the best should be allowed to lay claim on these ones which unfortunately isnt happening.
4. Yes, you are for whatever suits you. What about getting yourself a preferential treatment for H1B visa and GC ? Sounds good ?
No matter what I explain to you, you'd always be giving me a raw deal, I am not even going to explain myself.
BTW I am curious why you are referring to "consulting companies" as consultants. "consultant" and "consulting companies" mean different things.
OK thats a biggie I should have known better I'd be clear the next time around. Due apologies.
Well I am not a software engineer but I do understand the role it plays so I do know im not dumb. Thank you for your words of wisdom.but I wouldnt agree with the fact that people have to be flown in from other parts of the world for this, yes there are corner cases in every product validation cycle which needs really talented people the vast majority do not do that
A tenth grader with enough common sense can do good software development. India produces lot of people with good common sense and analytical thinking. That is one of the reasons for India's software boom.
IMO if you don't have a patent in your name, you are not high skilled enough.
2. How many consulting companies do you know do charge their candidates for filing H1 ? I haven't come accross any. It is illegal to do that. If someone is doing that, ICE is after them.
Do come out of your own imaginary world, I can forward you a dozen emails my wife gets from these so called messiahs of the IT industry. 3.
All I can say is you are as ignorant as some of the anti-immigrants in this country. You haven't seen the real world.Come out of your little world and look around to see the real world.
I am not anti-immigrant at all. There are good and hopeless people in every aspect of life , I see the H1-B visa or any employment based visa scheme as a prized posession and only the best should be allowed to lay claim on these ones which unfortunately isnt happening.
4. Yes, you are for whatever suits you. What about getting yourself a preferential treatment for H1B visa and GC ? Sounds good ?
No matter what I explain to you, you'd always be giving me a raw deal, I am not even going to explain myself.
BTW I am curious why you are referring to "consulting companies" as consultants. "consultant" and "consulting companies" mean different things.
OK thats a biggie I should have known better I'd be clear the next time around. Due apologies.
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delhiguy
07-06 01:24 PM
Even if we concentrate only on getting our money back, USCIS will be scr..d big time. The total money will be in Billions.
They would just increase the fees , and we will paying them that money back.
State never looses...
They would just increase the fees , and we will paying them that money back.
State never looses...
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EndlessWait
02-24 03:03 PM
There have been several threads on this. I know IV was looking into it. Any update on this ????
I can't see a better time to help the US economy if we can buy houses for faster GC.
IV should make this top priority and discuss with the President staff directly.
I can't see a better time to help the US economy if we can buy houses for faster GC.
IV should make this top priority and discuss with the President staff directly.
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gc4vk
05-06 10:24 AM
Please go and take some english writting classes first. Your english is very poor. Taking some classes will help you in longterm. MBA in US is taught in english not telgu. An MBA from a shady univ is not going to help you anyway and USCIS is cracking down hard on bogus porting these days.
Hai, If you want to suggest some thing, do it. why do you have to get region in between and sincere advice you definitely need english class before suggesting some one else as you make spelling mistakes.
Hai, If you want to suggest some thing, do it. why do you have to get region in between and sincere advice you definitely need english class before suggesting some one else as you make spelling mistakes.
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americandesi
08-16 01:41 PM
I personally think that 6 month rule-of-thumb is nonsense.
AC21 clearly states you can switch employers 6 months after your green card application has been pending. On what legal basis could USCIS then come back and deny citizenship to anyone for switching employers too soon after getting their green card?
I'd really be interested to hear if someone has specific knowledge of a case where someone had their citizenship denied due to switching companies too soon after getting their green card.
Refer http://www.murthy.com/pr_thngs.html and search for the following
"It is also important to understand that the green card approval will be reviewed at the time of the naturalization interview. For employment-based cases, this means inquiries into how long the individual worked for the employer after obtaining the green card. If the period is extremely short, there may be questions about the bona fide nature of the green card process."
As "a_yaja" said, "AC21 applies only if your GC has not been approved. You cannont invoke AC21 after your GC has been approved."
AC21 clearly states you can switch employers 6 months after your green card application has been pending. On what legal basis could USCIS then come back and deny citizenship to anyone for switching employers too soon after getting their green card?
I'd really be interested to hear if someone has specific knowledge of a case where someone had their citizenship denied due to switching companies too soon after getting their green card.
Refer http://www.murthy.com/pr_thngs.html and search for the following
"It is also important to understand that the green card approval will be reviewed at the time of the naturalization interview. For employment-based cases, this means inquiries into how long the individual worked for the employer after obtaining the green card. If the period is extremely short, there may be questions about the bona fide nature of the green card process."
As "a_yaja" said, "AC21 applies only if your GC has not been approved. You cannont invoke AC21 after your GC has been approved."
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regacct
05-06 08:57 AM
This is awesome! Very well put pappu...
I couldn't attend the 2007 event, but this time around I will definitely be there. Signed up through the form.
Loved the youtube videos!
I couldn't attend the 2007 event, but this time around I will definitely be there. Signed up through the form.
Loved the youtube videos!
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makeup While Kate Middleton#39;s younger
ivslave
09-11 06:43 PM
to see higher number.... more than 77% at this time.....
girlfriend Prince William and Kate
rsharma
10-11 12:58 PM
My earlier comment was in reply to the comments from the member BharatPremi. I had wrongly quoted the comments from the member - buddyinsfo.
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pappu
03-09 01:51 PM
We haven't been able to even get 12,000 in donations yet for advocacy days...
Next time someone questions IV's efforts, I am going to bluntly ask them if they contributed or came for the advocacy day event. If they did neither, we do not need their 2 cents of free comments.
Next time someone questions IV's efforts, I am going to bluntly ask them if they contributed or came for the advocacy day event. If they did neither, we do not need their 2 cents of free comments.
crazyAbtUS
12-16 11:07 AM
Buddy,
everyone loves their money....but think if nothing will change how much of your loved money you will spend every year to renew EAD and AP...just do the calculations and you will think that it is worth to part some of our loved money..
No offense Nik..but dude my company actually pays for it..so no loss..in renewing EAD..but unfortunatly my EAD is not yet approved..so I am not yet there.....SAD
everyone loves their money....but think if nothing will change how much of your loved money you will spend every year to renew EAD and AP...just do the calculations and you will think that it is worth to part some of our loved money..
No offense Nik..but dude my company actually pays for it..so no loss..in renewing EAD..but unfortunatly my EAD is not yet approved..so I am not yet there.....SAD
hanu_78
10-01 07:40 AM
Hi,
My wife is doing residency using her EAD and she wanted to start a medical staffing company. Would there be any problem from the 'hospitals' since she is working as full time employee or is it depending on the individual hospital contract?
Please help me out if anybody has an idea.
Thanks.
My wife is doing residency using her EAD and she wanted to start a medical staffing company. Would there be any problem from the 'hospitals' since she is working as full time employee or is it depending on the individual hospital contract?
Please help me out if anybody has an idea.
Thanks.
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