Saturday, June 18, 2011

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  • rameshvaid
    03-15 09:36 PM
    If your case is older than 12 months from the date of judgement you can have your case expunged from public records. As of today your's is a public record and is on every entry point in the country. As per immigration laws the IO has the authority to turn you back if you have been found guilty. The best for you is to have the expungement of your case and no one will have the access to your case except FBI.. This may take anywhere 2-3 months from the date you file for expungement..

    Avoid travelling till your expungement is done..to be considered for expungement there should not be any other sace pending against you.

    Good Luck.. talk to your attorney and file for it even if you are not travelling it will be good for you for future employment etc. also..

    RV





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  • hebron
    04-19 03:50 PM
    Thanks unitednations,

    The information was very helpful for me and others as well.

    I think my education evaluation and MCA degree doesn't specifically state that my Master's degree was a three year degree course.

    I now have a letter from University stating that it was a three year degree course and we are going for a fresh education evaluation.

    I think the lessons learned here is to make sure that the degree and/or EE should clearly state the duration of course.

    Any other suggestion or past success is highly appreciated.

    Also, my RFE respond date is April 22, 2011 and not March 22nd as mentioned in my orginal post.


    I also have a 3 year Bachelor's degree (BSc Physics) + 3 Year masters degree (MCA) from India. I would like to get it evaluated. Could you please let me know which education evaluation agency you used?

    Is you bachelor and master degree in the same or related discipline? I read somewhere that the bachelors and master's will have to be in the same or related fields for it to be considered equivalent to US Masters degree.





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  • royus77
    07-23 10:19 AM
    I called service center..those who have applied to TSC ,they kept all the applications on hold which came on 2 nd July and started to put them into their systems from July 20th ,so just hope to see your check getting cashed by this or next wk...


    Any body called NSC reg. the fate of July 2 filers !!!!





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  • Macaca
    06-17 10:34 AM
    The delay caused by the FBI name check has substantial consequences to applicants and their families, as well as to our country and the economy. Examples of how legitimate applicants suffer include:

    Loss of employment and employment opportunities where the position requires green card status or U.S. citizenship;
    Possible termination of employment due to the inability to comply with required Form I-9 employment verification procedures where USCIS delays interim EAD issuance;
    Difficulties obtaining drivers� licenses;
    Inability to qualify for certain federal grants and funds;
    Limitations on the ability to purchase property;
    Difficulties obtaining credit and student loans; and
    Disqualification from in-state tuition.



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  • neel_gump
    07-19 03:06 PM
    EB3-India PD Dec2003 / FedEx delivered it on July 2nd 10:35am at NSC





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  • GCAmigo
    05-24 09:07 AM
    If no CIR no relief for legal also. This bill with minor amendment is much better than statsuquo
    in the long run, it is going to be extremely BAD/HARD for skilled immigrants..
    I couldn't confirm it but from what I understand, the dual intent will no longer be valid on H1 ie A H1-B holder cannot have an immigrant intent. Does that mean, they cannot file for a GC, while on H1? Also, as consulting would be severely restricted, how many of the H1s will be able to find Full-Time Jobs?

    As we read more into the Bill, the 'hidden' intent is becoming clear..
    Restrictions & more Restrictions..



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  • saimrathi
    07-10 08:32 AM
    Any deliveries made yet? Whats the impact? Did it work?:confused:





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  • jonty_11
    10-17 11:39 AM
    Gave in and sent PP by Fedex yesterday for Schedule A, grp 2 case.My attorney did not advise me to PP nor did a legally brain I turn to for advice. He said its likely that I would get approved even during retrogression.
    But I decided its better to know sooner than later, preferably before spouse started using EAD, and if a miracle happens (who can prevent miracles?) the 485 could also get approved concurrently with the 140.... And because I have 13 days more before retrogression hits. And because I saw people reportiing really qiuck turn around after PP. My employer was willing to pay half as well...

    Well plus I did not want to be stuck in the general EB2 pool (India) which looks like its a black hole. I have an approved labor from 2004 there.(yet to file 140 for that one)..so didn't see a reason to be stuck there with a 2006 PD.

    I still wonder if my reasons were sane and if my hasty action mght prevent my spouse from working -- if the 140 gets denied...Well, we'll take it as it comes..it may mean goodbye to the US or something..

    BTW as far as I know, retrogression doesn't start till November 1st.

    Bluekayal
    How did u change from EB2 to SCH A worker? wahts the basis for that?



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  • lola
    07-10 11:47 PM
    Does it really matter who the messenger is as long as the message gets through?

    It probably doesnt seem to be a big issue as it is right now, but I am into Health care and education. In my experience, I have seen issues like this grow beyond proportion and have seen undeserved people dragging away credit from the deserved. I didnt intend to make a post even though I saw they were taking credit for it. When I saw Emigration voice, I felt that they do have more malicious intentions. If it is really a typo, they should be willing to issue a press release that the credit goes to IV and the non existing EV.

    HTH





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  • s_r_e_e
    08-14 10:28 AM
    USCIS memo dated Jun 12 2008 says

    I filed my Form I-765 more than 90 days ago and I have not received a decision, who should I contact?
    If you have not received a decision within 90 days of the USCIS receipt date and you have properly filed your EAD application, you may apply to obtain an interim EAD by appearing in person at your local USCIS District Office. You must bring proof of identity and any notices that you have received from USCIS in connection with your application for employment authorization.

    Mine expires OCT 3rd. Applied Jul 3rd, FP Jul 31st. No LUD , No News since



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  • TeddyKoochu
    07-01 10:59 AM
    because the backlog for EB3 is currently staring at close to 10 years and an EB2 requirement is around 5 years of progressive experience, which might enable many of them who would have progressed in their careers due to a 10 year wait for green card.

    Why not EB2 to EB1 is because, EB1 is for exceptionally skilled people(athletes, doctors, multi-national managers(via L1A) etc). For EB2 candidates to be pushed to EB1, they need to exceptionally skilled which cannot be gained via experience but by acquiring skills which will place them in those categories.

    If they can acquire those skills, then they automatically qualify for EB1 or EB1-NIW and can apply anytime by themselves. Note, EB1 does not need a labor approval too.

    Hope that makes clear the distinction between EB1, EB2 & EB3. Employment-based GC applying lessons 101...of course this is the simplest one...:D

    Do you really agree with multi-national managers(via L1A). This is the area wherein the interpretation is pretty loose. If you dissect EB1 data you would find that EB1C used bulk of it except for this year due to bad economy and tightening of screws. There should be some very clearly defined guidelines for EB1-C, somebody being an onsite coordinator or managing 5 people should not be eligible. This category should be reserved for those who are managing at least 100 people or control business in several millions. I agree that EB1 should be just for the exceptional.





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  • ras
    07-26 05:11 PM
    After incorporating the company in one of the states. What are the next important things one as a owner of the company needs to take care of especially if it is in IT product development area ( ofcourse including consulting but not purely comparable to predominent desi consultancy services)

    Specifically in the following category:

    1. If you are selling IT software products and services, what are the legal necessary formalities one needs to take care of?

    2. How about expanding the branches in outside USA? May be a branch office in India to leverage huge technical resources? Any legal or other things to be taken care of ?

    3. Bank Accounts next steps

    4. Credits Credit Cards. What are the precautions one needs to take care of?

    Any other thoughts....



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  • eb3_nepa
    07-09 03:00 PM
    I am not saying that it is working on the USCIS. We dont know yet coz the flowers start reaching there tommorow. If it is working on USCIS, we would know by the end of the week. Not now.

    But it is working on the media.

    What I am saying is we are getting a good amount of attention from a lot of newspapers - which is important to create more awareness on the plight of half a million law abiding immigrants and the backlogs they are facing.


    Which newspapers are these guys? Which newspapers are covering or are interested in covering this story?





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  • vagish
    04-29 03:23 PM
    the reason it will never work is not the lawyers. the immig lawyers for the most part are honest people.

    the problem is the employers. employee's loss is employer's gain. it is simple enough. if the point based immigrant is allowed in with a EAD or a green card (like in canada/australia), the employers lose out big time.

    The only reason h1 exists is because employers want cheap labour. That is why they want more h1s. Because h1s are justified from business point of view, that is why it is illegal to charge the employee for the h1 costs.

    But they never talk about how the h1s get screwed.

    Because the h1s are screwed by them.
    no matter what , H1 are for employers for them to be competitive, how come all of a sudden employers are talking about illigal immigrants these days, because they have found out that they can get them at a very cheaper rates, the moment you try to put wage garuntee in any of the immigration bills, this what kenndy wants, republicans run by big business are not longer interested in the immigration. perfect example of modern day enslavery. if they make 400K H1B's as per the strive ACT, Green card will lose much of its significance, because most employers will find easy to hire H1B raher than paying 20% or 30% higher to somebody on green card, that is the reason employers are after H1B.

    thanks



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  • desi3933
    06-24 11:55 PM
    There is one more option for you. H1 and L1 employees can go on long paid/unpaid leaves. If her company can support with document that she was on an unpaid leave for any reason (I do not know the reasons...make something) then there are chances that she will be able to change her status back to H4. All you have to prove that there was a good faith employee employer relationship for that particular duration. Talk to a lawyer, explain the situation..........every passing day is making your situation worse. Good Luck.

    It may work for someone who is out of status for couple of months, but if someone has not worked at all or out of status > 6 months, it will be tough.

    Another thing if change of status is approved without I-94 and by then if I-485 is filed, then out of status is recorded and will be very difficult to overcome. It is always better if out of status issue is resolved BEFORE filing for I-485. Typically Change of Status can take 3-4 months and we may not have that much time to wait for I-485.

    Trip overseas and re-entry can fix the out of status issue in couple of weeks.

    Your choice.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002

    desi3933 at gmail.com





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  • dummgelauft
    08-26 01:46 PM
    Bump



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  • wellwisher02
    05-04 06:05 PM
    Agreed...it is personal decision...but for Indians...it is a difficult decision. The way India is growing....People who have lived here for more than 10years...are migrating back....i know a person who left...has warned me...just to earn and get out.....not good for kids future etc....

    So...we are all still learning.....
    ---
    In re personal decision, I stay away from commenting on it any further.
    Many members of IV, like me, are speaking in ONE VOICE on immigration reforms, including expeditious processing of GCs.

    That should be the primary focus of threads, talking about H1B and GC issues. I don't mean to offend you, dear friend, since I'd like to be in the company of people who're going through frustrating times and fighting for GC reforms thru IV.





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  • thomachan72
    05-15 08:58 AM
    Lets learn from the chinese! dont you think they smell of fish and frogs, they cant speak proper english, they do not dress properly etc etc but they get their job done and are slow and steady. Part of the reason they are not easily insulted as we are is, they are very very humble people. They have learnt to respect others. Now look at we Indians. I am from South India. Do you think if I travel to the North I will be respected, let alone be considered a normal human being?? We tend to view everything that way. Go to any university and you will see a mumbai group, a chenai group, bihar group etc etc. First let us speak of how WE INDIANS treat other Indians. This is just like the Middle east right? When they have a common enemy they stand as one, otherwise they always fight among themselves. As somebody previously pointed out.
    1) Respect yourself and others (americans). They are not used to your spicy smell, oil smell, untidiness etc. Instead of blaming them for not cooking, it would be better for us to take a few precautions: hand your dress/coats etc in a separate room with door and keep it always locked, preferably put a perfume paper or something on the floor in that room.
    2) Learn to use chewing gum before group meetings.
    3) Work to develop a cheerful attitude. Dont expect to be treated as a child is treated by a parent (always cared for type of thing). Smile and be happy.
    4) Please dress decently and tell your friends to do so also. Many people dont know this basic requirement in the US.
    5) Finally learn to smile at a fellow Indian, no matter which part of the country he/she is from.

    One thing I have noticed is most of the time (not always though), its the people who dont do their work properly/sincerely, who end up with these kind of problems. And remember this will happen to any person whether its an Alien / American. As an alien we will naturally be attacked more if we are not GOOD enough. Isn't it assumed that H1B is to bring in the best of the rest of the world into this country?? So lets try to be that best and do our best.





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  • rashu_gulati
    08-18 12:32 PM
    Called USCIS on friday and asked them to expedite since i can lose by job. current ead expires on sept 5 th and filed renewal on june 24th. I see so many cases getting approved with much later dates.
    Any sugestions on what steps to follow?
    my company won't let me work even 1 day after ead expiration





    gc28262
    07-02 04:01 PM
    So that we get enough attention... I wrote one awhile back, still no luck.

    Instead of writing individual letters, we should approach through appropriate channels like some lawyers, AILA etc. Not sure though.





    coopheal
    10-07 02:17 PM
    India Was in 1998 for some time. Not sure if this is right "IN - 1/1/2002 7/1/2001" .
    Well in Jan 2005 VB IN was 1/1/2002.
    It was the time when priority dates were added.



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