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  • gc140
    10-22 07:34 PM
    Hello,

    Please advice on this.

    Application is filed under EB2 category.
    In Labor certificate minimum education requirement is Master's

    My I-140 is denied because of 3 years Bachelors degree.
    I have 3 yrs bachelors + 2 years Masters + 4 yrs work exp.

    Received RFE on 15th June 2009.
    We submitted 2 education evaluations on Sept 3rd 2009, which says my Master�s degree is equivalent to US Masters Degree.

    Received denial notice on 28th Sept 2009.
    After denial, Lawyer is planning to file appeal with federal court.

    Does anyone have the same issue?

    I read about a company called Career Consulting International (CCI)on internet, it seems they can prove my 3 yrs bachelors degree is equivalent to 4 yrs US Bachelors degree.
    To proof this CCI is charging a huge amount.

    Does anyone have any info about CCI?

    Please advice.

    Thanks.





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  • GreenCard_Soon
    05-25 01:44 PM
    Just sent the fax.





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  • cox
    October 23rd, 2005, 11:31 PM
    A weekend based in the City? If the weather is good, Marin, Point Reyes, and urban shooting... If the weather is bad, the city museums, food, and entertainment... I'll share my bag of glass ;)





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  • mgakhar
    03-06 10:21 AM
    Well I managed to reschedule my travel so now will be able to get my FP done.

    Other than AP, EAD, Passport, I-797 and ofcourse the FP notice, is any other document that I need to take?

    Manish.



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  • mikemeyers
    11-20 05:19 PM
    Let say, I continue taking classes until i get for visa stamping, how would they know that I am taking classes other than the grades that were posted or transcript.

    If i don't take classes anymore, how wud they know I m not taking any classes?





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  • mavrick
    06-03 11:01 AM
    That is disappointing. But I guess we don't have a choice.



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  • Chris Rock
    08-12 12:42 PM
    bump





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  • akp
    06-30 07:35 PM
    I do not know what was posted. But if it was not offensive language (and I mean offensive as in use of swear words), I do not agree that moderator or super moderator should delete it. Let it be there, if it is useless drivel, it will be ignored by most. So deleting an opinion or comment does not sound right, and it undermines the credibility of forum, especially in the US where these sort of things not taken lightly (think of communist label).
    I understand the concept of keeping focus on immigration matters only, but leave it to members for most part.
    The implication of our way or highway sounds childish.
    Just my opinion in an "open" forum.



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  • clif
    07-26 01:17 PM
    How are the dates mentioned in the following press release (on July 20th) to be interpreted:

    http://www.uscis.gov/files/pressrelease/ReceiptingTimes20Jul07.pdf





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  • kaisersose
    07-28 09:52 AM
    I came to USA on L1A through company A in February,2008 and working on L1 A till date.My I-94 is valid till feb,2011.

    I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.

    Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
    I need to get visa stamped only if I goto India and to come back USA.

    Can I work directly on my H1B petition with out stamping visa?

    Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.

    Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?


    It depends on the type of H-1 approval you have.

    1. If it was applied as COS, then it will have an I-94 attached to it. This means on Oct 01, your status will change from L to H and you can no longer work for your L employer.

    2. If it was approved as "visa to be issued abroad", then it is not valid until you get a H visa stamped at some Consulate.



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  • IneedAllGreen
    02-04 12:43 PM
    :confused: Does anyone have multiple RFE for I-140? :confused:

    I am kind of curious to know if there is anyone like me in same boat. I got 2 RFE (off course one after another once we answer first one) for my I-140 in year 2008. First RFE I got it regarding ability to pay which we answer in January 2008. I got another RFE in August 2008. Second RFE was kind of mix of ability to pay and education validation. For second RFE they ask for university transcript, all experience letter matching with job description from labor certificate, last year's W2 and company's last year bank statement(year 2007). It was one of the huge list I had seen from USCIS.

    Long story short what the hell are they doing with all documents they are asking from us? Its being 3 and half months we have answer 2nd RFE but there is no single response from NSC except they have received the documents and processing has resumed. My I-140 is stuck at NSC from January 2007. How long do I have to wait to get my I-140 approval?:mad:

    How do I can contact NSC to know what the hell are they doing with my I-140? Guys share your experience so we all can prevail this another backlog mess.





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  • sush
    07-30 07:48 PM
    EAD is based on pending I-485 and for filing 485, you just need 140 received. So you are OK. My uunderstanding is you can also use AC21 portability after 180 days to change employers as long as your employer doesn't revoke your I-140. So there is that risk with I-140 not approved.

    P.S my I-140 app is pending with TSC from May 2006. Almost 425 days plus and still no update/no RFE. Even upgraded it to PP on Jun 18th 2007 but still nothing.



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  • saveimmigration
    10-12 11:53 AM
    http://ap.google.com/article/ALeqM5joRRCZn_Du7r-_F3AFHt3eicyQ1gD93IMS1O0





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  • karan2004m
    07-29 01:38 AM
    Did Anyone got 2 year EAD when I-140 pending? There is some stupid assumption posted on some immigration website that USCIS is issuing 2 yr EAD to approved 140 petitions only..
    Just want to confirm that.



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  • garybanz
    10-28 01:45 PM
    You may get your green card with out giving a new set of finger prints. Sometimes, you will get the green card first and then they ask you to give the finger prints if necessary.

    In my case, I didn't have to give FP for receiving the physical cards.

    How long did it take for you to get the card after the case was approved? Also when your case was approved did the status change to Card production ordered immediately or was there a gap between approved status and card production ordered status?





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  • chanduv23
    06-19 12:00 PM
    Your mom had GC in 80s? Why are you in EB queue? You should have gotten your GC by now. Just kidding:D

    My dad had GC in 70s, he came and went back to India to pursue a lucarative job.
    He is currently here on a visitor's visa and during the visa interview at Chennai, he showed his expired green card - and they confiscated it (after 30+ years of expiry)and gave him a tourist visa.



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  • ras
    06-06 02:29 PM
    Are there any specific links for complaining to these agencies?





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  • black_logs
    05-02 12:25 PM
    http://www.usatoday.com/news/nation/2006-05-01-immigration-asians_x.htm

    NEWS

    Asians are becoming more vocal in the debate

    Wendy Koch

    875 words

    2 May 2006

    USA Today

    FINAL

    A.7

    English

    � 2006 USA Today. Provided by ProQuest Information and Learning. All Rights Reserved.

    In New York City's Chinatown, Asian immigrants held hands and formed a "human chain" at 12:16 p.m. Monday to highlight the day, Dec. 16, when the House of Representatives voted for a bill that would make illegal immigrants felons.

    In Philadelphia, Korean activists held a forum on immigration. In Los Angeles, they encouraged employers to let workers take the day off to join a march down Wilshire Boulevard.

    Latinos have been the face of recent immigration rallies, but Asians and Asian-Americans are increasingly joining the protests or taking their own approach. They are speaking out on issues such as reducing the wait times for visas for family members or green cards for skilled workers.

    "This is a turning point for them. More Asians are joining into this larger civil rights movement," says Pueng Vongs, an editor at New America Media, a consortium of ethnic news media.

    "Our community has been fairly slow to mobilize, but we are definitely working together now," says Daniel Huang, policy advocate for the Asian Pacific American Legal Center. He says Spanish radio stations helped Latinos organize quickly for rallies, but varying languages mean it's harder to reach Asians that way.

    People of Asian ancestry were 13% of the 11.1 million undocumented population in a 2005 Census survey, says Jeffrey Passel, senior research associate at the Pew Hispanic Center. Four countries -- China, India, the Philippines and South Korea -- accounted for most of them.

    Korean-Americans have been among the most vocal Asians in the immigration debate, Huang says.

    "We have a particularly large undocumented population," says Eun Sook Lee, director of the National Korean-American Service and Education Consortium. She says 18% of the Korean population in the USA is undocumented.

    Vongs says Korean-American businesspeople, who hire substantial numbers of Latinos, are concerned about penalties they could face as employers.

    The Korean Apparel Manufacturers Association in Los Angeles sent a memo to its 1,000 members urging them to allow workers to take Monday off.

    "We don't want this to be a racial issue," says Mike Lee, the group's president, noting that many of the employers are Korean- American but the workers are Latino. Lee, a former U.S. Army officer who owns an apparel factory, joined a march Monday, as did all his Latino workers. Only a handful of his Asian workers took the day off.

    The Chinese community has been less active until recent weeks, Huang says, noting their large turnout at rallies April 10.

    "Chinese are sort of a quiet, conservative community," says Cat Chao, host of the radio call-in show Rush Hour on Chinese-language station KAZN in Los Angeles. She says that when Latinos organized the initial protests, many of her callers admired their activism. Now, she says, many say the activists have gone too far and call Monday's boycott too "aggressive."

    Aman Kapoor, a software programmer from India at Florida State University, didn't join the boycott. His venue: the Web. Four months ago, he posted a message about his years-long, ongoing wait for a green card, which documents an immigrant's permanent legal residence in the USA. He says 3,400 workers like him, who have H-1B visas to take "highly skilled" jobs employers couldn't otherwise fill, formed Immigration Voice. Most come from India or China.

    "We don't know the system here," Kapoor says, explaining why the group hired the lobbying firm Quinn Gillespie & Associates. The firm is helping the group urge senators to expedite the green-card process and change rules so some applicants enduring a long wait could change jobs.

    More than other immigrants, Asians tend to be well-educated, professionally employed and in the USA legally, Passel says. About 10% of the Asian and Pacific-Islander population in the USA is undocumented, compared with 19% of the Latino population, he says.

    The difference in legal status helps explain why the Asian community is less concerned than Latinos about legalization, says Karin Wang, an attorney for the Asian Pacific American Legal Center.

    In a March poll of 800 legal immigrants by New America Media, 39% of Asian-Americans favored deporting all illegal immigrants; 9% of Latinos supported the idea. Forty-seven percent of Asian-Americans favored erecting a wall along sections of the U.S.-Mexican border; 7% of Latinos did.

    Vongs says Asian immigrants are more concerned about human trafficking, the smuggling of people into the country for forced labor, sexual exploitation or other illicit purposes. "The highest number of people trafficked are Asian," she says. "It's primarily for the sex trade."

    Civil liberties is another issue, Huang says. He says the House bill would make some misdemeanors, including drunken driving, a reason to deport someone. That could leave some people in U.S. prisons indefinitely because some Asian countries -- Vietnam, Laos and China -- permit few deportees to return.

    Reuniting families is another concern of Asian-Americans. Huang says children or spouses of U.S. citizens wait one to two years for a visa to the USA, but parents, siblings and other relatives wait five to 12 years.





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  • visa_reval
    04-26 11:33 AM
    Just realized I did the same mistake too. The field is not "starred" and so is not a required field. I've already sent in the supporting documents. I am thinking of sending a separate letter a la sparky_jones.





    GCnightmare
    08-13 09:32 PM
    Does filing of dependent's I-485 anything to do with LUD on approved I-140/I-131 of Primary applicant? Anybody having similar experience?
    Thanks





    Carlau
    01-10 09:24 PM
    If S.2611 is going to be discussed, isn't it possible that they ammend where it says that the spouse of the Blue card status worker (previously illegal worker) can work for any employer, that the same applies for the H-1B spouses? The L-1spouses can work too so why do we H-4s have to suffer?



    "... (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status. ..."

    http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SN02611: then select "Text of legislation" and then select "2 . Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)[S.2611.ES] " (unfortunately the direct link is temporary so you need to follow these instructions to reach it)

    .2611
    Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)
    ________________________________________
    TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM
    Subtitle A--Temporary Guest Workers
    CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
    SEC. 613. AGRICULTURAL WORKERS.
    (a) Blue Card Program-
    (1) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer blue card status upon an alien who qualifies under this subsection if the Secretary determines that the alien--
    (A) has performed agricultural employment in the United States for at least 863 hours or 150 work days during the 24-month period ending on December 31, 2005;
    (B) applied for such status during the 18-month application period beginning on the first day of the seventh month that begins after the date of enactment of this Act; and
    (C) is otherwise admissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as otherwise provided under subsection (e)(2).
    (2) AUTHORIZED TRAVEL- An alien in blue card status has the right to travel abroad (including commutation from a residence abroad) in the same manner as an alien lawfully admitted for permanent residence.
    (3) AUTHORIZED EMPLOYMENT- An alien in blue card status shall be provided an `employment authorized' endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence.
    (4) TERMINATION OF BLUE CARD STATUS-
    (A) IN GENERAL- The Secretary may terminate blue card status granted under this subsection only upon a determination under this subtitle that the alien is deportable.
    (B) GROUNDS FOR TERMINATION OF BLUE CARD STATUS- ...

    (b) Rights of Aliens Granted Blue Card Status-
    (1) IN GENERAL- Except as otherwise provided under this subsection, an alien in blue card status shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
    (A) IN GENERAL- Except as provided in subparagraph (B), the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied:
    (i) QUALIFYING EMPLOYMENT- The alien has performed at least--
    (I) 5 years of agricultural employment in the United States, for at least 100 work days or 575 hours, but in no case less than 575 hours per year, during the 5-year period beginning on the date of the enactment of this Act; or
    (II) 3 years of agricultural employment in the United States, for at least 150 work days or 863 hours, but in no case less than 863 hours per year, during the 5-year period beginning on the date of the enactment of this Act.
    (ii) PROOF- An alien may demonstrate compliance with the requirement under clause (i) by submitting--
    ...
    (C) GROUNDS FOR REMOVAL- Any alien granted blue card status who does not apply for adjustment of status under this subsection before the expiration of the application period described in subparagraph (A)(iv), or who fails to meet the other requirements of subparagraph (A) by the end of the applicable period, is deportable and may be removed under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
    (D) PAYMENT OF TAXES-
    (i) IN GENERAL- Not later than the date on which an alien's status is adjusted under this subsection, the alien shall establish the payment of any applicable Federal tax liability by establishing that--
    (I) no such tax liability exists;
    (II) all outstanding liabilities have been paid; or
    (III) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service.
    ....

    (2) SPOUSES AND MINOR CHILDREN-(A) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted status under paragraph (1), including any individual who was a minor child on the date such alien was granted blue card status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident.
    (B) TREATMENT OF SPOUSES AND MINOR CHILDREN BEFORE ADJUSTMENT OF STATUS-
    (i) REMOVAL- The spouse and any minor child of an alien granted blue card status may not be removed while such alien maintains such status, except as provided in subparagraph (C).
    (ii) TRAVEL- The spouse and any minor child of an alien granted blue card status may travel outside the United States in the same manner as an alien lawfully admitted for permanent residence.
    (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status.
    (C) GROUNDS FOR DENIAL OF ADJUSTMENT OF STATUS AND REMOVAL- The Secretary may deny an alien spouse or child adjustment of status under subparagraph (A) and may remove such spouse or child under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) if the spouse or child--
    (i) commits an act that makes the alien spouse or child inadmissible to the United States under section 212 of such Act (8 U.S.C. 1182), except as provided under subsection (e)(2);
    (ii) is convicted of a felony or 3 or more misdemeanors committed in the United States; or
    (iii) is convicted of a single misdemeanor for which the actual sentence served is 6 months or longer.



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