Sheila Danzig
04-19 12:48 PM
It is important that everyone understand that each case is different. In this case was the 1 year of the BCom required for admission into the diploma program? Otherwise in my opinion (and anything can happen with any one adjudicator at USCIS) it souns like you are combining, which is allowed for EB3 when so stated on the Labor Cert.
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
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aroranuj
04-19 12:36 PM
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
Hello All,
I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.
"A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.
Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.
However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"
Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
Hello All,
I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.
"A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.
Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.
However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"
Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.
aray
04-01 04:30 PM
Sent Fax# 10.
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dsva
01-11 12:39 PM
I sent the letter to the President and copy to IV on 01/08/2007.
more...
gmpa
01-11 11:28 AM
I sent letters to the President and IV.
mpadapa
06-05 04:23 PM
Yes there is an action item - Phone campaign to gain support for HR 5882, 5921 and 6039.
HR 5921 (removing country quota) more specifically will provide EB3-I more relief.
HR 5882 (recapture of unused visa's) will make ROW EB3 current and the additional visa's will rollover to EB3-I
Participate in the phone campaign and also call U'r own lawmaker to seek support from them.
http://immigrationvoice.org/forum/showthread.php?t=19387
http://immigrationvoice.org/forum/showthread.php?t=19113
Guys! is there any action item for IV regarding in this "Worst Effected Category EB3-India"?
Let us make some effort here, how we can help this category? Yeah! we all know fund drive first thing.
HR 5921 (removing country quota) more specifically will provide EB3-I more relief.
HR 5882 (recapture of unused visa's) will make ROW EB3 current and the additional visa's will rollover to EB3-I
Participate in the phone campaign and also call U'r own lawmaker to seek support from them.
http://immigrationvoice.org/forum/showthread.php?t=19387
http://immigrationvoice.org/forum/showthread.php?t=19113
Guys! is there any action item for IV regarding in this "Worst Effected Category EB3-India"?
Let us make some effort here, how we can help this category? Yeah! we all know fund drive first thing.
more...
Sakthisagar
10-28 09:49 AM
Yes I agree, our history and way of working is also different maybe better/worse, but defenitely way more experience! I don't think I would want to change any thing about family , friend relations and the way we help each other. Even some of the ways we think, has a lot of advantages.
we always manage to get things done. There are a lot of unseen riches that are not realized completely.
we should defenitely avoid aping the west, but pick the good stuff out of it.
being open minded and having freedom of expression is good up to a certain point!
There is freedom and education even in India, I agree infrastructure needs improvement.
India is 3rd in the world if you account for purchasing power parity. Don't trash India so soon. have you looked at how people lived in the US 40-50 years back? While I agree Indian IT should do more quality work and treat employees fairly. He no longer works with Infy, he just made generic comments.
There is no freedom and especially education in India. in US even if you are a 60 year old you can join a university but in India things are different. Freedom, what kind of freedom you are talking about. with the political idiots creating havocs for high thinking people. Hey come to reality do not dream
This time is different, I do work in the financial industry.
I would hate to say this - but was every recovery in the last 2 decades mostly due to a bubble that was created - dot-com, low interest, housing?
There are not many bubbles left to create, and the debt was never this high.
Recovery is bloked mainly do to Politics understand that first.
The growth of India should be more compared to Canada, that has a conservative financial system with lot of regulation. AKA no vegas.
Again never compare Canada with India, India is Unique and I am not putting my Motherland on Trash, You are in a way doing that, by comparing it with Canada and USA.
STOP religious Conversion and propoganda all over the world all the countries will live happily.
we always manage to get things done. There are a lot of unseen riches that are not realized completely.
we should defenitely avoid aping the west, but pick the good stuff out of it.
being open minded and having freedom of expression is good up to a certain point!
There is freedom and education even in India, I agree infrastructure needs improvement.
India is 3rd in the world if you account for purchasing power parity. Don't trash India so soon. have you looked at how people lived in the US 40-50 years back? While I agree Indian IT should do more quality work and treat employees fairly. He no longer works with Infy, he just made generic comments.
There is no freedom and especially education in India. in US even if you are a 60 year old you can join a university but in India things are different. Freedom, what kind of freedom you are talking about. with the political idiots creating havocs for high thinking people. Hey come to reality do not dream
This time is different, I do work in the financial industry.
I would hate to say this - but was every recovery in the last 2 decades mostly due to a bubble that was created - dot-com, low interest, housing?
There are not many bubbles left to create, and the debt was never this high.
Recovery is bloked mainly do to Politics understand that first.
The growth of India should be more compared to Canada, that has a conservative financial system with lot of regulation. AKA no vegas.
Again never compare Canada with India, India is Unique and I am not putting my Motherland on Trash, You are in a way doing that, by comparing it with Canada and USA.
STOP religious Conversion and propoganda all over the world all the countries will live happily.
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neverbefore
07-14 11:38 AM
Your spouse applied for H4/H1? Which one?
Applied for H1B. We already have the H1B approval notices. We also have EAD/AP. Still we got dragged into this.
The H1B sponsoring company is a large and famous Biopharma company with billions in market cap. AOS is also through the I-140 from that company.
Everything is way above board for us. Still we got stuck!
Applied for H1B. We already have the H1B approval notices. We also have EAD/AP. Still we got dragged into this.
The H1B sponsoring company is a large and famous Biopharma company with billions in market cap. AOS is also through the I-140 from that company.
Everything is way above board for us. Still we got stuck!
more...
ufo2002
09-15 01:31 PM
Horizontal growth does not fascinate me any more.
Hey, this sounds sig-worthy... can I use that for my sig?
Hey, this sounds sig-worthy... can I use that for my sig?
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InTheMoment
07-31 08:50 PM
:) :) :p
Wait for PD to be current
Wait for RD
Wait for ND
Wait for EAD
Wait for AP
Wait for AC-21
Wait for FP
Wait for GC
Wait
Wait
Wait
Wait
And again wait.
Wait for PD to be current
Wait for RD
Wait for ND
Wait for EAD
Wait for AP
Wait for AC-21
Wait for FP
Wait for GC
Wait
Wait
Wait
Wait
And again wait.
more...
uslegals
11-06 11:02 AM
Thanks bharatpremi - thats a pretty comprehensive scenario.! Very helpful indeed.!
My Infopass appt. is next week in baltimore. My EAD & AP are still pending for both me and my wife. 90 days was y'day.! USCIS recd. our EAD & AP applications on 8/7.
I have scheduled my appt. for tuesday morning. I could provide only my info (A# and receipt #) online - can i take my wife along too although she hasn't officially scheduled a appt for tuesday with me.? Do you know if they may object when we have filled ii only 1 person online but 2 show up for the appt.?
Thanks.!
My Infopass appt. is next week in baltimore. My EAD & AP are still pending for both me and my wife. 90 days was y'day.! USCIS recd. our EAD & AP applications on 8/7.
I have scheduled my appt. for tuesday morning. I could provide only my info (A# and receipt #) online - can i take my wife along too although she hasn't officially scheduled a appt for tuesday with me.? Do you know if they may object when we have filled ii only 1 person online but 2 show up for the appt.?
Thanks.!
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reddysn
05-29 06:15 PM
ramus you got good sense of humor man ....I could not stop laughing ..
After reading this I am not sure if I can ask you send web-fax..
Thanks.
After reading this I am not sure if I can ask you send web-fax..
Thanks.
more...
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makemygc
08-01 10:10 AM
Yes she can go alone. She will need her H4 approval notice as well as your H1B approval notice. Additionally since you have applied for AOS take them for good measure. My husband recently went for H4 stamping in London and they did not actually require the adjustment receipt notice but did take anyway with his documents.
I don't think she will have a H1 approval notice if she is coming to US first time.
I don't think she will have a H1 approval notice if she is coming to US first time.
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blacktongue
10-29 09:58 AM
Has anyone polled to see if it is everyone or only EB2 case, any service center, country.
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ita
11-06 12:41 PM
When you set up the infopass appntmt do select the option
'EAD Inquiry Appmt' even when you are going with AP question.
Thank you.
'EAD Inquiry Appmt' even when you are going with AP question.
Thank you.
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like_watching_paint_dry
02-19 10:50 AM
willwin,
What you say sounds very selfish and narrow-minded.
When I made my first contribution to IV, I was stuck in BEC-hole and clearing out BEC was my top priority but not the top priority issue IVs list. I still believed in the big common goal and believed in the IV team.
You say that you don't see any benefit from IV's goals and so you wont contribute. IV's top priority is to bring relief through legislative solutions to retrogression. Can you tell me that eliminating retrogression will not benefit CP filers? If not, then what's the excuse of your bunch to not contribute?
If you still want to stick with the above "Oh it does not directly benefit me, a CP filer, because it does not massage my foot and make me feel good" rhetoric, then hey since I'm interested only in 485, I'd have to say that not a single cent of my contribution should go towards anything other than 485.
If every 485 filer were to get that selfish and said that, it would leave out this small pool of CP filer contributions (if any) which does not cover the costs of even arming up for your proposed cause. Now, where do you want to go from here?
BTW, it sounds like the CP filers are the ones who are frustrated - not the 485 filers.
What you say sounds very selfish and narrow-minded.
When I made my first contribution to IV, I was stuck in BEC-hole and clearing out BEC was my top priority but not the top priority issue IVs list. I still believed in the big common goal and believed in the IV team.
You say that you don't see any benefit from IV's goals and so you wont contribute. IV's top priority is to bring relief through legislative solutions to retrogression. Can you tell me that eliminating retrogression will not benefit CP filers? If not, then what's the excuse of your bunch to not contribute?
If you still want to stick with the above "Oh it does not directly benefit me, a CP filer, because it does not massage my foot and make me feel good" rhetoric, then hey since I'm interested only in 485, I'd have to say that not a single cent of my contribution should go towards anything other than 485.
If every 485 filer were to get that selfish and said that, it would leave out this small pool of CP filer contributions (if any) which does not cover the costs of even arming up for your proposed cause. Now, where do you want to go from here?
BTW, it sounds like the CP filers are the ones who are frustrated - not the 485 filers.
more...
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nozerd
01-10 03:15 PM
I have had 1 friend go through this. In his case he decided to go through the "India Doctors Association" and they refered him to this OBGYN who helped him as community service. She didnt charge anything for her own fees but he had to pay the clinic for tests. For hospital he just put his hands up and didnt pay a penny - it ofcourse spoiled his credit but he didnt care as the amount was so unrealistically high for him (wife had c section so it costs like 40-50k).
I did a quick google and there is something called the "North Texas Indian Physicians Charitable Foundation " contact them and Im sure they will help you out by working with one of their members.
http://tipsfreeclinic.org/default.aspx
I did a quick google and there is something called the "North Texas Indian Physicians Charitable Foundation " contact them and Im sure they will help you out by working with one of their members.
http://tipsfreeclinic.org/default.aspx
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Brightsider
08-30 11:53 AM
International students come on F1 visa and get instate tuition fee from state universities. Our kids are on H4s so that will not qualify them to attend undergraduate in state schools? Is F1 required to get instate tuition fee? I am not understanding the situation here. Please somebody clarify if possible.
F-1 students do not enjoy any more privileges than H-4 applicants. In fact, you may like to check with the university authorities, for H-4 students pay in-state tuition if other requirements are fulfilled. Things like residency for a period of time, employment of guardians, etc.
To my knowledge, F-1 students do not qualify for in-state tuition at all. They can apply for a minuscule number of tuition waivers on grounds of economic hardship, academic performance and the like. However, the situation may vary from univ to univ and state to state. My knowledge is limited to Georgia, and specifically Georgia Tech, GSU and UGA
F-1 students do not enjoy any more privileges than H-4 applicants. In fact, you may like to check with the university authorities, for H-4 students pay in-state tuition if other requirements are fulfilled. Things like residency for a period of time, employment of guardians, etc.
To my knowledge, F-1 students do not qualify for in-state tuition at all. They can apply for a minuscule number of tuition waivers on grounds of economic hardship, academic performance and the like. However, the situation may vary from univ to univ and state to state. My knowledge is limited to Georgia, and specifically Georgia Tech, GSU and UGA
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Gilmout
02-13 03:58 PM
Guys - I asked my lawyer about the predicted time frame of my case which is EB3 ROW priority date of October 2005. I asked specifically if my case would be approved in a matter of months or years. They said that my case would most likely take years!
I don't really understand how the process works - how could it be years when my priority date is only 4 months away. Does anyone have any explanation why this would be the case.
This lawyer has been great for me and I trust what they say but I am not sure about the prediction - if anyone could shed any light on this I would be so grateful.
I don't really understand how the process works - how could it be years when my priority date is only 4 months away. Does anyone have any explanation why this would be the case.
This lawyer has been great for me and I trust what they say but I am not sure about the prediction - if anyone could shed any light on this I would be so grateful.
mbawa2574
07-10 08:57 AM
I think we should go after him. Every time he calls us cheap labor. He opposes employment based green cards as well as H1b. In a sense , he hates Indians.
He fuels the rumors against our cause. See his video below :-
http://youtube.com/watch?v=Fx--jNQYNgA
Everyone who opposes High Skilled Immigration is his friend. So I don't see any reason to refrain from going after this retarded soul. Expose him, blog against him. Take off his cover and let the world know , what a big communist liar he is.
He fuels the rumors against our cause. See his video below :-
http://youtube.com/watch?v=Fx--jNQYNgA
Everyone who opposes High Skilled Immigration is his friend. So I don't see any reason to refrain from going after this retarded soul. Expose him, blog against him. Take off his cover and let the world know , what a big communist liar he is.
thankgod
05-11 02:23 PM
No IV provision is in the bill.
For something to happen, each member needs to do their part by supporting this effort and taking part in action items. With so little support and initiative we cannot expect to match the kind of hard work DREAM act advocates have done.
If we need an amendment, we should be showing up for advocacy day or signing up for monthly contributions, volunteer our time, or doing any state chapter work by meeting local lawmaker offices regularly in groups. Dream Act folks have built a very strong network and advocacy effort that no politician can ignore. Go through the list of things they have been doing over the past few years and you can judge how much percentage we have as a community matched that effort. This is a reality and and ultimately it will be us that are responsible for no bill being passed in the last few years.
The community needs to do more than wasting time on the forums and trackers if they really want any bill to happen.
Definitely it is time to Unite. If they are doing illegal immigrants legal citizens, why should not legal applied immigrants as Green card holders.
Do you think we need to start some thing like flower campaign or sending letters to president like that....
But it is the time to act. Now or Never..........
For something to happen, each member needs to do their part by supporting this effort and taking part in action items. With so little support and initiative we cannot expect to match the kind of hard work DREAM act advocates have done.
If we need an amendment, we should be showing up for advocacy day or signing up for monthly contributions, volunteer our time, or doing any state chapter work by meeting local lawmaker offices regularly in groups. Dream Act folks have built a very strong network and advocacy effort that no politician can ignore. Go through the list of things they have been doing over the past few years and you can judge how much percentage we have as a community matched that effort. This is a reality and and ultimately it will be us that are responsible for no bill being passed in the last few years.
The community needs to do more than wasting time on the forums and trackers if they really want any bill to happen.
Definitely it is time to Unite. If they are doing illegal immigrants legal citizens, why should not legal applied immigrants as Green card holders.
Do you think we need to start some thing like flower campaign or sending letters to president like that....
But it is the time to act. Now or Never..........
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