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  • gapala
    04-16 01:57 PM
    Did you get an RFE before denial?
    Could you please post who did the education evaluation for you? Was it a course by course eval?

    It will also help if you could provide details on your labor certification category such as
    section (203) (3) (i) or (ii) etc.. for skilled worker or professional. I believe You could also find this on your I-140 receipt notice..

    'Will accept academic studies evaluated as equivalent of US Bachelors' This wording is tough to handle given that what you have is a Combination of courses evaluated as equivalent to US Bachelors, based on details provided in your post quote "I have a 3 year diploma & 1 year towards Bachelors in business" end quote.





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  • brugen
    08-19 08:51 PM
    PD, looks like you are going from doing the work to supervising the work within the same job criteria. If the company you are transferring to uses a law firm for their immigration, ask if the attorney can review to verify that you are eligible on AC21 based on the criteria.





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  • chanduv23
    03-11 02:44 PM
    Read this http://timesofindia.indiatimes.com/Business/New-H1-B-visa-norms-to-isolate-India/articleshow/4251475.cms

    It is not so easy to convince Sen Grassley.





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  • eb3retro
    11-09 04:20 PM
    guys, in my case the congressman intervention helped a lot. you can request them to get in touch with uscis even after 40 days of application (just like in my case) and once they did, i got approval email within 48 hours and AP copies in 4 days in the mail. Hope this helps.



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  • desitechie
    11-02 05:51 PM
    Hydboy, you make a good point. Does anyone know if this is how USCIS would do a Qtrly Spillover if they do it ? And do they have to make the EB2-I and EB2-C dates the same before they do a spill over like they do it for the yearly?

    Gave you green!!!

    Hope is the only thing keeping us in anticipation for the first friday of every month!!!





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  • sam2006
    09-01 06:39 PM
    Typical hypocrisy stuff
    we should be fair and not misuse and violate the laws of the country.

    No one is Voilating laws my friend
    pl give your speech to .... u know the folks from across the fence

    I don't know why some people here are taking this work based immigration here as an all out war. As it is, working and staying in the US or any other country for that matter by foreigners is a priviledge, not a right. No one forced us to come here, we came here on our own free will.

    Regarding the description of discrimination of job based on country, that's rather ridiculous. There is no discrimination when one has the right to work and live in the country, that doesn't mean that anyone from any country can just come here and work with or without authorization and say it's discrimination. How about the many Indian companies who hire only Indians? Aren't they practising discrimination and fraud? They don't even bother to try to find qualified people in the country, rather they just issue H1Bs right way to Indian nationals only by just declaring a bogus "can't find qualified people in the country"

    If we want good things to happen to us, we should be fair and not misuse and violate the laws of the country. We all have a choice, we can either stay here and be honest and follow the laws and rules of the country, or if we don't like the way things are here we can just go back home.

    Sorry to be so honest, but I am tired of every other person cribbing about being victims. Looks like everyone wants to be a victim of something, it's time we take personal responsibility. If we don't like it here in the US, we have the choice to go back home. No one is forcing us to stay here.

    Thanks.



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  • keepon
    07-15 09:05 PM
    also I want to know, could I only apply for AP, or should I apply EAD AND AP together?





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  • BharatPremi
    05-05 04:25 PM
    Gurus,

    Since EB2-India is current, I am exploring the possibility of interfiling.

    Goal: Interfile in such a way that my new application under EB2 (New case
    category) get attached with old case (EB3) priority date (07/2003) and
    thus enable me to take advantage of EB2 current PD as declared in
    April 2008 bulletin.
    GC Application/s history:
    -----------------------
    OLD APPLICATION

    Employer: xyz
    Category: EB3-RIR Conversion-India
    Priority Date: 07/2003
    Labor approved
    I-140 approved
    I-140 approval date: 06/2007
    AP and EAD approved
    485 receipt date: 07/1*/2007

    NEW APPLICATION

    Employer: ZAB
    Category: EB2-India
    Priority Date: 06/2006
    PERM LABOR approved
    I-140 approved
    I-140 approval date:08/2006
    No AP/EAD/485 applied under this application

    Notes: (1) Currently working for company CDE on EAD.
    (2) "A" number on both I-140 are similar and different from "A" number
    on 485 file.
    (3) Occupation codes for both category are "Close" and matches the
    job profile with current employment on EAD

    Question: Is my goal achievable? If yes, then what to do and how to
    proceed?

    Thanks in advance for any help to sort this out.

    - BharatPremi

    Update: My lawyer just got back to me on this. Since I wanted the interfiling in such a way that I can maintain old PD ( July 2003 based - EB3 filing - 485 filed under this) with new application category EB2 (new application - June 2006 PD), lawyer told me that it is not possible. Once I interfile my new application, end effect will be having my 485 based on EB2- with new priority date (June 2006). So at this moment I have 2 choices...

    1) Wait out till July 2003 under EB3-India become current
    2) If EB3-India is not moving at all or July 2003 does not become current for EB3 but meanwhile if EB2-India cutoff date crosses June 2006 then file interfiling.



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  • ragz4u
    03-16 10:42 AM
    We just received news that the Judiciary Committee hearings which were supposed to run until 1.00 pm today and also tomorrow have been postponed to March 27th. Apparently the deal is that the Judiciary Committee wants to put pressure on Senator Frist so that he does not introduce his version of the bill bypassing the committee...

    Will update as soon as we hear more...


    Not sure if this can be construed as good news or bad news! :(

    The slow pace at which this is unfolding might just lead to depression/suicidal tendencies!!





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  • avi101
    04-03 10:53 AM
    Faxed.



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  • Eagle
    12-05 02:13 PM
    Easygoer,

    From your reply, I get that you got your EB2 approved by equating CA to Masters degree. Can you let me know whether your bachelors degree was 3 years or 4 years?

    Also, could you let me know which month and year your appeal got cleared?

    Thanks a lot for your help.





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  • lccleared
    04-01 08:10 PM
    Just sent #11 fax too



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  • hopefull
    07-06 05:14 PM
    As if being a FT employee is a virtue :rolleyes: ...dude you gotta move ur crap somewher else


    Had it not been a virtue, you wouldnt have been on this board for your GC. If you know what I mean. The GC /EAD will give you portability and bargaining power in negotiations for your wages with your employer.

    THINK BEFORE YOUR OPEN YOUR TRAP DUDE...OR YOU WILL BE EMBARASSED





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  • Guig0
    02-04 02:17 PM
    were did you see 45� corners in mine?



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  • doggy
    07-21 02:52 AM
    Check http://anti-antis.blogspot.com/2009/07/conference-call-to-teach-antis-how-to.html
    Conference Call on Effective Posting - tomorrow, July 21st at 7:15pm

    How to Post for Maximum Impact
    Conference Call tomorrow night, 7:15pm Central

    Labor Day marks the beginning of national discussions on the corporate visa programs that allow companies to legally bypass the US workforce. Most tech workers see this bypass and confront this bypass when they are looking for jobs. But most recent college grads will never see or confront this issue because they will never be considered for jobs their degrees qualify them to do.

    This is the power of employment discrimination. This issue will be part of a national conversation on comprehensive immigration reform if we tell the truth about our own circumstances.

    Businessweek will be posting their article on H-1b exploitation on Wednesday. Join me to discuss why the "culture of bypass" is the necessary precondition to create the "culture of exploitation."

    Scheduled Conference Date: Tuesday, July 21, 2009
    Scheduled Start Time: 07:15 PM Central Daylight Time
    Scheduled End Time: 07:55 PM Central Daylight Time

    Type of Conference: Standard
    Dial-in Number: 1-219-509-8111
    Participant Access Code: 798504


    Reservation:
    NO, just dial in at 7:15pm Central

    Text of Email Sent Last Week:

    This culture of exploitation among IT labor contractors could not occur without the legal protections to bypass the US workforce. This is why the corporations are fighting hard to defend this protection and defeat the Durbin bill (S. 887).

    Readers may not make the connection between this corporate malfeasance and the bypass of qualifed citizens and green card holders - but your posts can. Make sure your posts mention the Durbin bill (S.887).

    Here's some talking points on corporate protections affored by visa programs:

    * The H-1b corporate visa program is responsible for these crimes because it protects corporations from ever considering local talent and opening the door to this culture of exploitation. Passing the Durbin bill will end this culutre of exploitation.
    * Protectionist measures in the current corporate visa programs are poisoning the IT industry - no corporation should be protected from the consequences of discriminatory hiring practices.
    * American labor laws and EEO have had a powerful impact on American society. These visa programs protect corporations from employing a workforce that knows their rights and can exercise them. That's why corporations don't want the Durbin bill (S. 887) to pass.
    * Far from protecting the US workforce, the Durbin bill (S.887) will give us a chance to compete for job openings in our own country, thus preventing these corporate crimes.
    * It's the responsibilty of the federal government to ensure that we have the freedom to compete- and we will get this freedom to compete when S.887 passes.
    * If these companies were required to seek local talent first, these shakedowns would virtually disappear.
    * The discriminatory practice of recruiting abroad for US job openings now breeds a form of exploitation unimaginable to 21st century Americans. These cheats could never swindle Americans this way.

    Our posts promoting the Durbin bill will be watched -- and measured -- by Congressional supporters of the Durbin bill and all of the players who will be at the table when this issue comes up in the fall.

    Your posts supporting the bill and defending American labor and talent will let all the players know that American IT professionals are standing up for what they want and shaping the circumstances of our lives.

    Donna Conroy
    Director
    www.brightfuturejobs.com
    dmconroy@sbcglobal.net





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  • indianindian2006
    08-22 09:31 PM
    Starting July 16th, 2007, labor certification has a 60 day validity period. Meaning, a I-140 petition needs to be filed within 60 days from labor approval date....If immigrant visa numbers are unavailable (dates retrogressed), you wont be able to file your I-140/I-485 concurrently but you can file your I-140 petition irrespective of your priority date as long as you have a labor approved. You dont have to apply for your labor again and again....Its just that, once you get your I-140 approved, you will have to wait for dates to become current to file I-485...

    Looks like this needs correction.Labors expire after 180 days from approval date after July 16th.

    http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf
    Read on page 4



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  • number30
    04-09 02:37 PM
    Filing Fee is not enclosed as it is USCIS service error.
    (This was done as officer at USCIS told that Fee need not be included as it is service error, attorney also agreed with this statement).



    Problem with not including filing fee is you do not get the receipt or receipt number, Hence difficult to track.





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  • pkak
    11-18 02:37 AM
    Vowww... what a wishful thinking.


    OK looks like I was wrong. Some July Visa bulletin people may not be able to buy houses.
    But those desis can at-least help with Global Warming by living 5-6 in a house, and 5 guys travelling together in a 1995 Toyota Corolla.





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  • eilsoe
    02-03 06:20 AM
    u'r still the lineart champ around here hunn ;)





    blacktongue
    10-29 09:58 AM
    Has anyone polled to see if it is everyone or only EB2 case, any service center, country.





    H1B-GC
    05-15 12:28 PM
    Case Rejected because of Incorrect Fee

    --------------------------------------------------------------------------------

    I am asking this question in this thread as i dont know how to start new thread.

    Hi

    My spouse's employer had applied for H1 this year and he got a receipt number. But the check has not been encashed. Now when I checked the status in website it says the following:
    ------------

    Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER

    Current Status: Case Rejected because of Incorrect Fee

    On April 30, 2008, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because you submitted incorrect fee. Therefore, we have rejected your case and returned it to you with all supporting materials, along with the fee. Please follow the instructions on the notice to submit the case with correct fee.

    ------------

    Employer is yet to get the documents back. He checked his records and says there is no mistake from their side including fee...

    The question here is:

    1. what does case rejection means? - Is it end of it or can it be reapplied with correct fee/ other supporting docs, it at all thats the case

    2. If there is no mistake from employer side in filing,and if it is a kind of adminstrative mistake from USCIS side, can it be resubmitted?

    I am confused...

    Appreciate your inputs

    Thanks

    NH123,

    can you pls. open a New Thread and post your Query please. This Thread is used for a different reason.

    Thanks!