Tuesday, June 7, 2011

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  • BharatPremi
    12-07 11:59 AM
    Hi!

    I have a question about wether a person with US Masters can qualify for EB1 category? Please comment.

    I know generally people with such qualification fall into EB2 category. However, does years of expereience and say Patents qualify you to be considered as EB1?

    Thanks for reading this thread and commenting.

    In theory, About our own "genuine" educational qualifications We can all discuss this all our life. BUT our educational qualification is SECONDARY for any EB based GC process. The first and foremost qualification is your employer
    "should have such a position where EB1/2/3 hiring is must" OR be willing to "create such job position". Then your "Genuine" or "Created" educational qualification and/or "prior work experience" comes into play.

    So it is possible that you may come across more advanced people rotting in Eb3 category as they might have choosen "Genuine" way and their employer "could have only Eb3 requirement" while s/he had to file GC and "not willing to create" any acomodative position/s.

    And you may also be able to see dumb ones as far as "Genuine educational qualification" is concerned but street smart already having GC based on EB1/2 and perhaps sarcasticlly laughing towards us. Now that does not necessarily mean all EB1/2 are dumb ones and street smart OR viceaversa. And that does not mean all EB3 are "genuine ones" and Viceaversa.

    Frustrating? Isn't it? Welcome to the GC world.. Bottomline, it is all about what your "Employer wishes and how s/he wants to proceed and what level s/he can accomodate your "needs" "....




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  • shutterbabe
    11-19 09:41 AM
    Thanx everyone for the helpful advice. I will schedule an infopass appointment. Can can I see an I/O at a location that doesn't service my area?




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  • forever_waiting
    01-06 02:21 PM
    It has happened several times in the past when a members thought a certain bill had a lot of scope...then started advocating on the forums for IV to take up the cause and start lobbying for it...and if it didnt work out or no one showed interest, IV core team ended up receiving brickbats that they never put in the neccessary efforts. This is just a fact.
    The advocacy and lobbying for any bill doesnt follow the "top-down" but the "bottom-up" approach. IV can coordnate lobbying and advocacy at the national level but requires our members across the country to meet with their lawmakers to get specific responses on whether they will support that bill.
    IV usually lobbies or works on bills that seem to have some traction in Congress. If members are very sure that there are other bills that should be focussed on - they should gather together the numbers (i.e. members who think this will help), meet with lawmakers in their districts - try to find co-sponsors for the bills. Then, if truly a momentum exists - the IV core team can step in and help with additional lobbying.
    I have met 3 congressmen in my area - one is an anti-immig and the other two fully support EB legislation but at this point are judging the climate in the new Congress.

    As another member stated IV is "me and you". And the bottomline is asking IV to take up a cause is not the right approach. Advocacy and the momentum has to be started by the members.




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  • snathan
    04-13 07:44 AM
    Waste of time. How many PhD's are there as compared to the others? There is already EB1/EB2-NIW for them

    Have you forgot how many visa numbers the EB1A/EB1B/EB2-NIW consume...if they are not counted it will free up 10-20k visa numbers annually at least...



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  • immidude
    07-13 01:19 PM
    Idea behind my post is to look professional,uniform,united,organized and most of all look different to draw more attention (which is how we got good media coverage in flower campaign)




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  • leo2606
    07-29 01:22 PM
    I see green box back. :) :) :)

    good joke too
    will try redress your reputation...



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  • blizkreeg
    01-26 01:03 PM
    I don't dislike people from Andhra. I have close friends from Hyderabad.

    I dislike irrelevant discussions that are motivated by race, region, or people of a certain kind. We don't need that here. It feels like housewives gossiping about useless topics.




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  • rbalaji5
    11-29 07:51 PM
    Gurus,

    Guide me. I am planning to apply for Canada Green Card (Permanent Resident). What I am going to do is.

    1) Just download the application forms from Application for Permanent Residence in Canada [IMM 0008SW] from the website and just apply without any representative

    Question is

    1) Do I need a representative as this is a backup to US GC.
    2) I dont have any Canadian temp work visa
    3) How much bank Balance I need ?

    Please clarify



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  • BharatPremi
    10-24 01:33 PM
    You are 100% correct. They look for PD while accepting I-485 and then they see it only at the time of approval. There is no FIFO. It all depends on luck.

    What FIFO Pappu was talking about is related with 485 processing between Receipt and final conslusion. That processing is done on "Receipt date" based FIFO in theory. For practical matter, most of the time, end visual effect is 485 is not done through receipt based FIFO but it is done through that.

    Example: Assuming both same catgory and same PD, your 485 file reached on July 2nd. My file is reached on August 2nd. Your file will be processed first.. But say you stuck in name check and I am not then down the road after 1 year, if our PDs become current, And If by that time processing is over on my file then I will get GC first although your file reached first but because you will be still stuck in name check.




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  • ramrrec
    03-08 10:06 AM
    Extremely sorry Prem for interrupting your thread.
    Hi Ann Ruben,
    I am kindly requesting you to respond to my thread mentioned below as soon as possible as it is really URGENT.
    My Thread Title: URGENT-Is it legally allowed to enter US with H1B visa stamp of 'CLOSED' company? .
    This thread is available in same category on this site.
    Appreciate your quick response in advance!!
    Thanks and regards
    Ramrrec



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  • Munna Bhai
    04-27 11:41 AM
    Hi,


    I am in a unique situation as far as capture of earlier PD is concerned.

    My company had filed an LC for me in EB3 with PD of Oct '03.

    I get fed up waiting for that and got another LC filed with PD Nov 05 in EB2.

    I have got my I140 approved for the same and also 3yr ext. based on that as well.

    My EB3 LC is approved as well now.

    My question to somehow capture the PD of my EB3 LC.

    Is it possible ? Is anyone in the same boat ?

    Regards.

    Get I-140 approved for EB3 case and then swtich to another company and start fresh GC and once you are ready to file I-140 at new company, take this approved I-140 for EB3 and port it.

    Hope this helps.




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  • bigboy007
    12-10 02:51 PM
    My Labor approval uses something that starts with 030-16-**** but there is nothing in SOC with 16 are they changed recently? any clue? + what is the issue of 140 porting if we are not informing USCIS about AC21 so how are we porting 140 ? is it automatically?



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  • flexi
    04-08 09:27 PM
    Hi there, thanks a lot for all your help - I won't start early at the second employer then but am still a little confused about how long it takes after filing the petition until i receive the receipt. One lawyer said we'd have to do premium processing since i will be back from Germany 4 weeks prior to switching jobs, but from what you guys said that shouldn't be necessary, correct? Thanks!




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  • vinzak
    01-20 04:14 PM
    I have observed that typically after becoming great, have a tendency to hide his/her EB3 roots. I mean, who'll hire you as a CEO or rocket scientist if they knew you used to be an EB3.

    Obama's father was a Kenyan EB3, but Obama insists his father was an EB2. The labor certification that the white house has put out for Barack Obama is clearly a fake.

    It's sad but true, America still judges you not by the content of your character but the color of your labor certification.

    I propose that EB3s append "EB3" to their name (like Ganesh Teesravarg ME(Comp Sci.), EB3) so that they get more visibility, and ppl realize they live among us, and with some help can actually be productive members of society.



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  • ps57002
    07-18 12:06 PM
    There's no need for you to be negative.

    Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....

    wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?




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  • lazycis
    12-25 09:12 PM
    Hello lazycis,

    I have a quick question. Many of our PD were current in July 2007. If our names are stuck in FBI name check for 2 yrs, can we file for WoM? Please advise. Many of us are under the impression that the our PD dates have to be current at the time of WoM and our namecheck should be stuck at FBI atleast for 1 year during which the PD date is current. In other words, the PD date should be current over a period of 12 months at the time of filing WoM.

    Q 2. Is there any limit countrywise, for issuing GC?

    Thanks in advance.

    If you are stuck in name check over a year and PD was current, you can file WOM. Add the Secretary of State (Rice) as a defendant. Check this order where the court ordered the government to issue visa numbers (!) to long-delayed AOS applicants.
    http://immigrationportal.com/showpost.php?p=1838094&postcount=14850

    Q2. Yes, see 8 USC 1151, 8 USC 1153. Check this thread for details.
    http://immigrationvoice.org/forum/showthread.php?t=16266



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  • starving_dog
    06-13 01:17 PM
    Was that 2007 you were referring to?




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  • amitjoey
    01-26 11:18 AM
    Congrajulations! to all the toppers.




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  • AgentM
    01-25 10:15 PM
    Hi,
    If anybody has used a lawyer for AC21, please post the lawyer details and their cost.

    Thank you.




    meridiani.planum
    06-15 11:10 PM
    I have a masters degree in mechanical engineering and I have been working as a system analyst for the last 2 years, does anybody here can advise if I can apply for EB2?
    If yes what are the chances that there would be an RFE asking why is masters needed, I do think having done my masters i am able to understand and do the job better, but there is really no specif need for it.
    Has anyone else gone through this confusion? What are the things to keep in mind?
    Is there a special need how the job requirement should be?
    Please advise.
    Thanks

    education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.

    You can potentially get two questions in the RFE:
    - why does the job need a Masters (EB2 justification for LC)
    - why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).

    Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?




    espoir
    06-21 05:56 AM
    As per my understanding, once you have a receipt notice for EAD and/or AP, it will be processed completely. Approval/rejection of EAD/AP is NOT linked with visa number availability. Many are under the misconception that they won't get their EAD and AP if the PD dates move back.
    Given the current and anticipated volume, one should expect delays in processing times.

    IN the same context, how about EAD.

    If I file I-485 and lets say the dates retrogess and my PD is not current, then as mentioned and if an EAD is not yet issued does the EAD issuance and I-485 both are "suspended" till PD becomes current or is it just the I-485...

    I guess what I want to ask is that is EAD linked to PD date ?



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