Tuesday, June 21, 2011

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  • n2b
    08-15 12:18 PM
    It would give some idea I think

    http://www.usvisahelp.com/art_intent.html

    In order to determine whether the alien truthfully represented his or her intent to remain with his or her petitioning U.S. employer after receiving the green card, the USCIS uses the standard created by Seihoon v. Levy. That is, USCIS examines the “rapid course of events” following the alien’s receipt of his or her green card. The Department of State has reduced this rule to a 30-60-90 day formula which USCIS generally follows. If an alien ends employment with the petitioning employer within 30 days of receiving his/her green card, then it is highly likely that USCIS will decide that the alien’s intent at the Consulate interview was not, as he/she stated, to remain with the petitioning employer indefinitely. After 60 days have passed, it is less likely (but still risky) that USCIS will determine that the alien lied about his/her intent at the Consulate interview. And after 90 days, it is highly unlikely that USCIS will have a problem with the alien’s change of employment


    Maybe this 30-60-90 rule applies to people with Consular Processing or someone who enters this country on Employment based GC and who leaves the employer right away after coming here.

    For majority of people here in US, they might have already worked for a given employer for 3-6 years before they filed 485 and got their GC and completed their 6 months after AOS application to kick in AC21. So for such a person who has sustained abuse by working at the petitioning employer for 3-6 years, does he need to show any more intent?





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  • GCNirvana007
    09-12 12:44 AM
    Thinkinf of buying one, not sure if its the right time - CT area





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  • ssinha63
    06-13 11:50 PM
    My son was on H4 and joined undergraduate course in Canada last year. He is Canadian permanent resident too. As per July VB, I can file for I-485. My question is:
    1. Can I and my wife file I-485 as AOS and file I-824 to change AOS to CP for my son, so that he may file I-485 as CP from US Consulate, Montreal, Canada?
    2. If not, what are the options?

    Thanks!
    ssinha63
    PD Apr'04
    I-140 approved





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  • zephyrr
    11-03 10:28 PM
    are you sure one can fund an NRE account in Rs?

    i've had an NRE account and the only way to put money is in $. you can then withdraw the money in $ or Rs, but i haven't heard of being able to fund it with Rs to start with.

    i believe that students can also bring a much bigger chunk nowadays, maybe try that track.

    also, if the $100K can be brought to the US each yr, why can't parents send it here as a gift, what is the deal with 30%, does someone know?

    Check ICICI. I think it is called a NRE account. You can fund it in Dollars and Rupees and it could be repatriated in Dollars. So just open the account and have them deposit the monies India, you can draw it here. This kind of account is for NRI's who earn an income in India and want to access it here.
    There is a limit I think but it must be like $25K..

    Good Luck



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  • gcnirvana
    09-22 03:27 PM
    Called first 10 in NeedHelp's list. Will call the rest shortly.
    People...please call...its NOW or NEVER!!





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  • sanju
    01-15 01:21 PM
    yeah.. So another reason to keep looking at the visa bulletins now. Once i get a GC I buy a house and get a gun. The american dream. ;-)

    Thats my kind of dream. Just one addition to my list of things to do upon receiving my GC.

    I will buy a house, get a gun and JOIN A LOCAL RELIGIOUS PLACE and choose my lord and savior. Hey, I want a passport to the heaven from here, I don't want to stand in green card line of heaven or go to hell.

    BTW, move over here to WA state and you can buy a gun.


    .



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  • Ram_C
    11-08 01:17 PM
    Wish you all a happy and prosperous Diwali.

    -Ram.





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  • patilabhijit
    09-26 03:07 PM
    Hi All,

    FYI for you'll. I e-filed mine and wife's on June 6 at NSC lockbox in Phoenix. Opened a SR for both on Sept 7. Got approval emails for both of them Friday Sept 24. Also gotten soft LUD's on both applications a couple of days before the approval emails. If anybody needs more information, please let me know.

    Thanks!



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  • hebron
    04-22 03:35 PM
    although this doesn't fit 100% to your case. You may want to look at the attached administrative appeals office decision.

    Essentially, a person was denied in eb2 because they had a 3 yr bsc and 2 year masters. they had education evaluationstating that masters indian degree was equal to us masters degree.

    nebraska service center stated that 3+2 is not equal to masters degree. Admininstrative appeals office decision approved it saying that it didn't matter how long the combined study was. As long as foreign masters equals us masters then that is all which needs to be proven.

    My experience has been that texas service center sends an rfe for this 3+2 education. I know of 8 cases where thie decision was shown in the rfe and they all 8 got approved. I know of one case in nebraska where this case was shown and they still denied it stating that it wasn't a precedent decision (person already had another 140 denied and there was some history in his case which i believe caused nebraska to deny it). Odd part was that the appeals office decision was from nebraska service center


    The above mentioned case was later denied. AAO withdrew the approval. See this link -
    http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2009/Apr282009_01B5203.pdf





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  • Tonyy
    05-14 10:27 AM
    I also want to ask this question. If i want to appeal after 2 years then is that possible?



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  • desi3933
    02-11 03:00 PM
    **********************
    You are applying on the basis of an immigrant petition for alien worker, for I140 filed on your behalf. However the same petition has been revoked.

    Since the approval of the visa petition files on your behalf is no longer considered valued, your application is here by denied.

    Please note that the Form I140 is no longer valid for porting purpose under section 106� of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be “unqualified” at the time of filing you are not eligible for relied under section 106� of AC21.

    The regulation do not provide for an appeal from this decision.

    *********************************

    Who has revoked your I-140?

    Is it beacuse of revocation request by Employer
    OR
    USCIS revoked it as it was approved in error.

    There is a big difference between the two?





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  • unitednations
    04-20 12:15 PM
    I did not know unskilled workers can file for greencards in EB3. I think things are getting better and USCIS is now trying to stick to the rules.

    "skilled worker" is where job requires two years of experience. They share same quota as eb3 professional worker (job requiring bachelors degree). Reason for so much retrogression is that there are many occupations which fit into skilled worker



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  • h1techSlave
    03-18 10:19 PM
    Thanks much for the encouraging words. You have made my day. :D :):

    10000 more homes is nothing. This is not INDIA. The economy is so huge that 10000 homes is a drop in the ocean. And is the Govt. going to believe that all 10000 immigrants are going to buy homes? 75% of them won't qualify for new mortgage rules.

    Plus, what is stopping you from buying a home right now?





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  • eb3_nepa
    06-28 02:19 PM
    For all those filing I-140 and I-485 for the first time (I.E. No PD recapturing),

    You DO NOT need to file I-140 in premium. YOu can simply file the I-485 AS-IS. Actually Right now since everyone is current ANYONE can file for the I-485 provided their Labour is approved. The only way the I-140 approval would help is with the 180 day clock after which the employer has no control over your GC application.

    This is what my lawyer had told me when I had asked her last time. Now if the dates were still Retrogressed but your OLD PD was becoming CURRENT, IN THAT case you WOULD need your I-140 approved before you can file the I-485 coz at that time technically you cant file for a I-485 as without the PD recapture your PD would be today's PD and that would Not be current.

    Hope this explanation helps. However Please confirm this with your attorneys as i m like you just a little more experienced due to what life has put me through ;)



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  • cnathani
    01-09 08:50 AM
    WaldenPond,
    I have just contributed using paypal. I really appreciate the efforts you are putting into this. Is there any introductory email that can be sent to prospective members to spur their interest and compel them to come join and contribute?

    I would like to send such an email to my contacts. I am sure many people can use that.

    Thanks





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  • kate123
    12-31 12:33 PM
    I think you are wrong... Company A can revoke approved I-140, if employee leaves them..


    No problem my friend. You are welcome. I am glad I was able to help you.
    Company A CANNOT revoke approved I-140. I have checked this with 3 to 4 attorneys & also with Gurus on this forum. Only the USCIS has the authority to cancel the approved I-140, if it detects that it was obtained fraudulently.
    One more suggestion, ask company B to file your H1 with Premium processing. Once you get H1 approval then submit resignation to Company A.

    Enjoy the party Bud. Have a drink on me!:p;). Wishing You and Yours Happy New Year.

    If you will be benefited by �I-485 filing without current priority Date�, please vote YES on the Poll.
    Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved.



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  • optimist
    02-08 02:47 PM
    Hi,
    I have 3 yrs degree + 1 yr PG diploma.
    But they won't file my GC in EB2 category, as I don't meet the 4 yr BS requirement.


    Here is a list of accredited institutions that offer online MS degrees at reasonable tuition:
    Best Buy Masters Computer Science & Information Technology | Ratings & Rankings | GetEducated.com (http://www.geteducated.com/online-college-ratings-and-rankings/best-buy-lists/best-buy-masters-computer-science-and-information-technology)

    You can also consider getting a US bachelor's degree through online courses and credits-by-testing from one of these:
    Thomas Edison State College/ Academic Programs (http://tesc.edu/academics/academicprograms.php)
    http://www.excelsior.edu/ecapps/degreeProgram/degreeTable.jsf?gw=1
    List of Programs Available at Charter Oak State College (http://www.charteroak.edu/Prospective/Programs)

    If you do an official evaluation of the 3-yrs degree that you already have, it can be equivalent to up to 90 credits from a US School (which is equal to 3 years of undergrad education here). All these credits may or may not be transferable to the school/degree that you choose to enrol in. But you would have to research and find a school that would let you use most of them. That way you can complete your degree much faster than the standard process.

    Whatever you choose, make sure that the school is regionally-accredited by one of these organizations:
    CHEA: Directory of Regional Accrediting Organizations (2009-2010) (http://www.chea.org/Directories/regional.asp)

    Remember every long journey begins with just one baby step... Good Luck!





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  • Mr. Brown
    08-11 12:22 AM
    EB-1: C
    EB-2: C
    EB-3: C

    Why? Weak economy ... gov. needs more money from our filings :D





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  • wahwah
    09-14 05:13 PM
    give 2 or 3 months and ROW EB2 will go back to Jan. 2007 or March 2007.

    we'll revisit this thread later again.

    Total number of application will have no impact on ROW (number of application from ROW will have impact on that category), which i think will be very limited.





    alapkd
    09-07 03:33 AM
    @alapkd -> Unfortunately they hardly get caught...



    think about it if it was just paying a cut to the management to get your person hired wont ur competitor do the same. i have seen ppl getting caught because the competitor came to know of this and got really pissed and spread it around and the manager got screwed. most of the big companies have very strict policy for even gifts acceptance and the kind of gifts and amounts of it. i m sure it still happens but it can not be as widespread as ppl think it would be. which vendor to use is determined by someone really high up. most companies also keep a track of how much the primary vendor is getting out of the deal and there is a cap on it. they ask for the legal contract to check what % primary vendor is keeping so primary vendor cant fool the company and underpay the consultant and keep a hefty chunk for themselves.

    all i can say is if you see a manager who is involved in illegal practice of taking kick backs expose that guy and get him fired it is your responsibility and it can be done.





    anai
    04-03 10:29 AM
    Looks like the guy we engage for our cause gets a shot to speak about immigration on WSJ and guess what he forgets us all together. Great job for picking QGA core team.

    I am just reposting my post from yesterday just so that the people on core can read my thoughts�

    �Guys,
    I don�t mean to insult your intelligence, but who ever came up with ideas to ask, celebrities, a noble laurite and other accomplished folks from the immigration community to send faxes does not have the slightest plan on how to make this succeed.

    If this is the kind of ideas the �lobbyists� QGA is giving us, may we need some fresh blood in helping us out. I completely agree �eb3retro� in working with AILA.org in helping us get our message across. PLEASE STOP THIS INSANE IDEA OF SENDING FAXES all the time either from members of IV or asking other people to do it on our behalf. We are hurting ourselves and don�t even know it. As I have said in my earlier posts �We need the Erin Brockovich of immigration to help us on this, and I am the AILA or similar organization can do this for us.�

    Good Luck.


    Other than saying "we need the Erin Brockovich," couldn't you do more for our volunteer organization? Why don't you put on a halter top and become the Erin Brockovich.

    It is easy to criticize what others are doing. You can modulate what IV does simply by becoming more active and involved yourself.

    Also, I don't think QGA ever asked IV to get celebrity endorsements. That idea was from some other member like yourself.



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