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  • eb3India
    04-13 05:06 PM
    hey guys I think its OK now to call IV as Indian organization with this bulltin and per their statement there is a good chance that ROW will move ahead and we will be stuck EB3 India in particular





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  • rb_248
    11-03 10:09 AM
    EB2 likes visa bulletin predictions.
    EB3 does not.

    That explains the green or red in my opinion.

    The current USCIS policy is favoring EB2. There is no dispute about that. EB3ers are justifiably angry and are venting it out on EB2ers. What EB3ers must understand is they should be hating the game not the players. They should be hating the systems and not the other applicants. EB2ers, like me, just got lucky.

    I guess this EB2 v EB3 fight will go on until Obama takes up Immigration.





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  • needhelp!
    01-12 03:15 PM
    Hospital only drawback is that its close to impossible to have a completely unmedicated birth. Take their free tour, its fun to see a different perspective and hear how they do things.


    thanks for the info.

    I am little hesitant about this, I mean house like setting with midwifes. my wife is little bit uncomfortable.

    I am looking for options where I can get a payment plan from hospital.

    I have called few hospiltals and doctors. will post will more details once I finalize.

    Thank you very much!





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  • aspiration
    07-08 12:23 PM
    I am not getting...



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  • Soul
    02-16 07:45 PM
    Oh and when do you think it will be added to the past winners?

    - Soul :goatee:





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  • swarnapuri
    12-12 12:47 PM
    http://travel.state.gov/visa/frvi/bulletin/Visa_Bulletin_For_January_2007.html



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  • meridiani.planum
    06-05 04:01 AM
    EB2 India will move very fast till 01 JAN 06 as because based on June 2007 bulletin, just before the july fiasco,( http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html ) the PD for China is 01 JAN 06. That means in EB2 Category except India and China every other country is current. So till India reaches 01 JAN 06 PD in EB2, all the spill overs will be moved to EB2 India. By the time India EB2 reaches 01 JAN 06, China PD in EB2 will move further from 01 JAN 06 by using its 7% quota. So Inidia PD for EB2 again moves fast till that changed China PD using the spill overs. After that India and China will share the spill overs based on the PD priority. All this happens if and only if the USCIS works effectively and uses all the available visa numbers for the present fiscal year. My prediction for EB2 India PD is it touch 2005 /even cross few months in 2005 by the end of this year if USCIS works effectively.

    July 07 was a very special case. Throughout the year the USCIS had not issues many visa's, and per the ombudsmans report in May they were going so slow that they would relaly have to scramble if they dont waste tons of visas.
    They year by all reports they are using up visa numbers at a quick pace. WHy do you think they will jump all the way to 2006?

    Just getting spillover is not enough, if the total demand for visa's is high. Case in point is EB3-ROW which technically has almost no limits, yet languishes in a retrogressed state because the total number of visa's (140k) is too low and however you divvy them up people are going to end up waiting...





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  • enggr
    03-17 03:52 AM
    My dear friends,
    I am so sad to tell the fact my I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
    In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
    USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.

    The following are the words from USCIS denial notice.



    "The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
    In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "

    Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."

    We are planning to file a new labor certification by end of this month as the current one is 99% a gone case

    As you all know I was trying to save this application to save my wife's EAD.

    Please help me with one of the options below.

    Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both

    1) Appealing the decision
    Pros: My wife gets a chance to win her EAD back which is a big win for us
    Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer

    2) Applying new EB3 I-140
    Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
    Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.

    I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege

    . My answer to my attorney regarding the next course of action depends on your advice(s) very much.

    Thanks in advance and I really appreciate who posted replies to my questions earlier.

    Enggr:

    Labor approved 2006 Aug EB2
    I-140 applied 2006 Nov EB2
    I-140 RFE 2007 Sep
    RFE response 2007 Nov
    I-140 denied 2008 Mar



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  • tuhin
    08-23 05:04 PM
    Gurus...

    I am in a similar situation and have a very simple question. Can I port from EB3 to EB2, while on EAD? I do not have a valid H1. AFAIK porting needs re-filing a labor application, hence the confusion.

    Thanks!





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  • munnu77
    04-02 05:09 PM
    sent both



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  • immigrant-in-law
    01-28 12:30 PM
    seriously? you working in some gas station too? what other advantages have you taken of the system?


    Sad to see students being punished like this. They are just taking advantage of the system and make some money, but not doing anything illegal. That's what we are all here for right? Make some money. If enrolling for F1 and working somewhere else is against rules, then why did USCIS issue F1 and CPT to the students.





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  • mammoy2k
    09-09 07:04 AM
    I140 should be approved or approvable at the time of filing. Yates memo is very clear on that- I-140 approval is not required in concurrent filing. Also there is no salary requirements on invoking AC 21. Again, please read Yates Memo.


    Requirements to change employer when GC is pending:
    - I-140 should be approved
    - More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
    - Approved EAD

    Significance of 180 days barrier
    If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.

    After 180 days, you cannot change jobs, you can only change employers
    When you invoke AC-21, you have o fulfill two conditions:
    1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
    2.) You salary should be almost the same as the wages mentioned in GC labor certification application

    This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.

    It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.

    USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.

    Hope this is useful.



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  • Gravitation
    07-06 04:39 PM
    LITERALLY BEGGING FORYOUR GCs.

    THEY ARE KICKING US OUT AFTER USING US YET WE PROCLAIM OUR SELVES TO BE LOYAL TO AMERICANS...

    NOT ONE HAVE I SEEN WITH SELF RESPECT WHO WOULD SAY ...WE SHOULD WORK TOWARDS BUILDING INDIA SO THAT THE FUTURE GENERATIONS WONT HAVE TO KISS THE WHITE ARCE...

    SHORTCUTS ...huh ...??


    DISGUSTING
    :D Thanks for the laughter. :D I almost fell out of chair imagining the depths of your imbecility! :D





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  • dpp
    08-10 12:29 PM
    Small change :)

    Everybody (not just Perm) filers hate LS guys as they went ahead of line...
    Backlog guys hate Perm filers as they went ahead of line... This is not true. How come PERM filers can go ahead in line.
    Eb3 guys hate EB3-EB2 conversion guys as they went ahead of line...
    ....and it goes on. This is true :)
    This shit never ends!!!:(

    Strangely, everything is done within the scope of law!



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  • willigetagc
    07-26 11:26 AM
    oooh! the worries never cease...:D

    I am now worried that eventually we will all get the GC and then we will sit out for 5-7 years and get a citizenship... Then make a trip to india only to realize that the the world has shifted.

    Then it is all back to square 1, H1, GC, citizenship in India.... :D





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  • plassey
    08-20 08:01 PM
    Bottom line is that u got screwed. Labor is for a position with your employer. He may choose to give to anyone he wishes. Labor substitution thus was not illegal act on his part as it was permitted by the law.
    I-140 is his stuff .
    I-485 is ur stuff but in absence of I-140 it means nothing.

    Your only case is if he has violated any of the H1 provisions.



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  • nogreen4decade
    07-16 07:28 PM
    i am starting to wonder, if you are for real. your profile is empty. All your previous posts are derogatory and you accused the american president in your previous posts. I am wondering whats the basis you are here in IV and if you a green card case that you have applied and waiting..
    I believe he is some crazy Republican from Arizona. BE CAREFUL on what you say to him. I live in Arizona. I know these idiots.





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  • vkraman7
    02-12 05:09 PM
    First thing is that your employer most likely will not send you a legal notice, as it would cause significant time and money for his already depleted financial resources. Even if he does, if such a legal notice is in an email, just ignore it. DO NOT RESPOND.
    If it is in your regular mail/UPS/FED EX/Certified mail (most likely), you should consult your new company's attorney and seek legal help. In any case, as long as you have all your eggs in order, you will be fine.

    May God be with (and only with) your good intentions.





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  • WaitingForMyGC
    02-11 10:23 AM
    On one hand we have VLD Rao crunching numbers like CRAY XMP and telling that EB2 will be close to current by End of the Year . On the other hand Mapadpa now says that the movement will be slow . I am a mere mortal and i am confused to the core on what to make of it ,


    I believe in VLD Rao. He gives me hope. :-)





    nozerd
    01-18 09:22 AM
    I think it meand one of 2 things

    1) There may be sopme qnquiry telephone number or email available only to lawyers
    2) They will work through the AILA liason at TSC. I believe AILA has a liason with that office who can directly bring these up with higher ups involved. Non AILA members wouldnt have office.





    rimco99
    07-10 09:03 AM
    What if we used so much of our time and energy in finding jobs in India/China and moving back, instead of going after media/govt? :confused:

    Some of us have spent $35-40 on sending flowers, if we gave a internet job board that kind of money to send our resumes to prospective employers and headhunters in India, we may have a chance in finding a job in the emerging economy of India/China.. that will be THE biggest impact on US Govt... To add to my opinion, I would like to direct your attention to Microsoft... They didn't waste their resources on fighting the media, govt.. they just moved to Canada.. And believe me, there will be more such instances...

    Agreed totally. Indian economy is booming and will last for another 5 to 10 years. Waiting for green card will make you lose out both the Indian opportunity as well as the "so called" American dream. People with decent experience are making good money and nothing better than living closer to friends and relatives.