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  • swissgear
    06-11 07:37 PM
    Dude:

    If you think you are qualified for an EB2 job why don't you apply for one and get another labor/140 filed rather than crying "Sour Grapes"? Get out of your comfort zone and try getting a new job. Simple. If you have been on an Eb3 since 2004, that explains your "Go getter" attitude. Be smart dude.

    Well said. Especially in IT,every company irrespective of size is a consulting company in its own perspective.If its Microsoft, majority of the products are developed with a vast team size of thousands and no one can take a complete credit on that product, except the company.

    That's why its called team work.Every individual team member contributes with their specalized skills and thats what they were hired for in first place.

    Its just a matter that the Company felt that your skills require only a bachelor's degree for the work that you perform,whereas other company felt it requires a master's degree.

    Also as a matter of fact since the last 10 years the technology has changed in such a fast pace,I can confidently say that just because someone is an architect in J2EE does not mean he is better than a Mainframe Programmer. Its just means that someone were at the right place at the right time during the Dot com boom.

    Its easy for people working at big companies to move around and work for different projects as the size is directly proportional to the number of clients the company serves. Whereas for a small firm,due to their nature of business model,its always serving the Big Fish and supporting their projects. You can find number of sub-contractors working for IBM,HP etc etc. So if an employee of Big company and a contractor working on the same project does the same work,how are you as an employee better skilled than a contractor?

    Its just that you chose a comfort zone by abiding by your comapnies policies,whereas a contractor chose to move around and work on exciting projects that suits his/her challenges.

    So bottomline,someone being in EB2 or EB3 is just by choice of the individual and circumstances and here I assume each of them have same experience and qualification.

    Example someone having an Engg degree from IIT is no different than a person from an average engg working on the same project. Its the IIT graduate that chose to work on the project that and average engg qualification person chose to work.
    Same thing applies to EB2 and EB3 as well.




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  • vxg
    04-09 01:16 PM
    what is your background? Put some more details i may be able to circulate resume. If you have work ex in Energy Utility sector llet me know.




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  • Dhundhun
    06-26 03:21 AM
    I got approval email too. It cant be sheer luck that so many people are getting the approvals when it was taking 3 months as per their published processing times. Looks to me they just want to give 1 yr EAD to as many as possible. Good way to make money in recession year.

    It was general observation that Paper Based EAD is getting approved very fast. We have quickest approval in only 18 days (http://immigrationvoice.org/forum/showthread.php?p=250677#post250677). And this was reported a month ago (on 05/23/2008).

    So I think it is their speed - it has nothing to do with intention to give 1 year EAD. On the avarage, people are getting EAD in 25 days.

    Myself went ahead with e-filing (this takes 50 days). My FP is scheduled after 5 weeks of notice date (http://immigrationvoice.org/forum/showthread.php?t=18737). For E-filing, they have different process,which has not changed in last two months.




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  • byeusa
    08-03 02:37 PM
    Good to hear some good and not so good reviews about the immigration lawyers in this thread. One of the firms about which folks have written contradictory statements is Fragomen. Thay have been very responsive and professional in some cases but the user polulation in general has complained about their non responsiveness. They have advised their clients ( i.e the companies) about how the slow down the process for green cards for their employees. It has been seen in a multitude of cases that they have advised the companies of not filing for EB-2 cases and use the route that creates the most delays in GC processing thus maximing the revenues for themselves and helping the companies use GC processing as a tool for employee retention. They made employers to belive that letting the cases processed in BEC is the best option instead of capturing the PD's from the old cases to PERM. Now, several thousand of those cases are still languishing at BEC and no one seems to have an answer about what will happen to those after 17th August.Isn't that so so unfair......

    Their practice can not be termed ethical and the employees need to highlight this issue with their senior management and HR. I was wondering if Immigration Voice can help those individuals by guiding them about appropriate steps to highlight the malpractice by Fragomen.



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  • prashantkh
    07-17 04:17 PM
    Do you guys think its worthwhile to go back instead of trying waiting for the retrogression to end. From the looks of it, i doubt there is any chance of an immigration bill before the elections. if there is no bill then we will end up waiting for 8-10 years for the dates to be current.

    if they remove the US masters from the quota, imagine the rush it will cause in the universities, effectively it will imply that you will get a green card after you study for 2 years in US. take a 20-40k loan and get a GC. There is no country quota for F1. i had friends who were rejected for F1 because they were 'potential immigrants' wonder how this theme will play out in future.

    from this shore returning back seems to be an alternative worth considering...or maybe its just todays depression talking.


    Another perspective is that if people with Masters or higher degree are exempted from the EB quota, it will in fact help in moving the priority dates current, since there are lot of people in wait who already have advanced degree from US universities and won't be using up the visa from the EB quota.

    PK




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  • somegchuh
    07-18 04:43 PM
    Guys,

    I have pretty much the same story and am in pretty much the same situation due to PBEC and now retrogression.
    I don't think returning back as a knee jerk reaction is a good idea. If you have already been here 8-9 years obviously you have been stuck in a programming job for the last 10+ years. You can't take programming experience back to home country and ask for management position. You will get no programming position because you are over qualified and no management position because you don't have the experience.

    However horrible it sounds, its best to stick it out. I am personally ready to stick it out for at least 1.5 years. After that I will be forced to make a decision otherwise I will lose my canadian PR also.

    Let's talk about three things:
    1. Make efforts to get GC.
    2. Plan for your future: Enhance your education, apply for PR in another developed country.
    3. Make your present better: Enjoy everyday, don't worry about GC.

    I was thinking about PMI, CISA and MBA right from the time I landed in US in 1999. Then I realized that I need to get an GC to make use of those. Then I started to look for a stable company where I can start my GC process. It took three years toll till then. I joined a good ameican company as a perm employee. They did not file my GC as they promised and I had to quit to join another company for the heck of my GC and for my (my wife with CPA / CA is on H4 for 5th year now) dream career. I had to go many step back in technology with the new company but I sucessfully managed to file my GC.

    Then what? When I finished studying my PMI, all the retrogression story started. Then I had to ask questions my self.

    1. With PMI certification in 2004, if I am doing a Sr. Software engineer, will it not raise questions down the line in my career interviews. May be yes or no, but I do not have answers.
    2. With PMI Cert in 2004, if I can get my GC in 2005, I am pretty sure I could manage any questions throws at me, but not in 2008 or 2010. So I dropped the idea on PMI / CISA/ GMAT until I have 50% certanity of when I will be getting my GC in hand.
    3. The worst will be starting an MBA with good univeristy and competing it in next two years with zero hope of getting GC then. What would you do if you are not even closer to file your 485 when you have MBA degree in hand. You will have career in your home country with this MBA for sure, but who will pay your debts here. It is like shooting yourself on your foot with golden gun. Atleast you will be satsifed it is golden gun, but the end result is hurting yourselves.

    4. So what is the option? Never give up. There are always difficult times for everyone. What we are facing is nothing. There are people who are graduating at the age of 70 in US. I have seen a lady at the age of 70 graduating with MAB from Harvard. I thought she did it for fun, but in an interview she said she wants to pursue her career in marketing field. This is an eye opener for me. So prepare yourself with TOEFL and GMAT. These scores are valid for 5 years. Join from volunteer organizations and develop your leadership skills. Reco letters from these orgs will have great impact when you apply for MBA infuture. Most of all it is right way to live a peaceful life atleast if you do not go the MBA route, you will develop the skills needed for your life.



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  • kumhyd2
    07-21 11:00 AM
    This may be useful to understand a little more about e-filing of I-140 for those of who doesn't know much because the employer/lawyer doesn't give u full information. There appears to be no e-filing for I-485. Anyway navigate thru the USCIS pages for more info.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=47f2065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD


    Instructions for Electronically Filing Form I-140

    Please note that the Premium Processing Service has been disabled within the e-Filing System for Form I-140. Please refer to the instructions for paper filing if you would like to request Premium Processing Service for Form I-140.

    Form
    I-140, E-File Immigrant Petition for Alien Worker

    If E-Filing is not the best option for you, please see the paper-based Form I-140.

    Purpose of Form
    To petition for an alien worker to become a permanent resident in the United States. This form is filed on behalf of an alien, and not by the alien.

    Who is Not Eligible to E-File This Form
    You are NOT eligible to E-File this form if:

    You are applying for a waiver of the filing fee.
    You are requesting that your case be expedited (does not include filing for Premium Processing)
    You are a Soviet scientist
    Who Is Eligible to E-File This Form
    Any other alien, except those listed above, may be the beneficiary of an E-Filed I-140 petition.

    Filing Fee
    $195

    Initial Evidence and Supporting Documentation Required
    See Instructions to the Paper-based Form I-140.

    If you are required to obtain a labor certification from the Department of Labor, do so prior to E-Filing Form I-140. The original Labor Certification signed by the filer and certified by the Department of Labor must be submitted with supporting documentation to the Service Center that has jurisdiction over your case. See your Confirmation Receipt Notice for the Service Center's mailing address. The required initial evidence must be received by the Service Center within seven business days of E-Filing the Form. If you do not submit the required initial evidence in the requisite time period, you will not establish a basis for eligibility, and we may deny your petition or application.

    Also see the general instructions for Submitting Supporting Documentation for an E-Filed application and/or petition. You may access those instructions from the Related Link on the right.

    Concurrent E-Filing
    E-Filed I-140 petitions can only be Concurrently E-Filed with the following applications under the following conditions:

    I-907 application: Only if the I-140 beneficiary selects Petition Type "e" - A professional (at a minimum, possessing a bachelor's degree or a foreign degree equivalent to a U.S. bachelor degree) or a skilled worker (requiring at least two years of specialized training or experience) in Part 2. For all other petition types, the e-Filed Form I-140 is not available for premium processing.
    When E-Filing an I-907 concurrently with an I-140, the 15-day Premium Processing guarantee will not begin until the supporting documentation for the I-140 is received at the Service Center that has jurisdiction over the I-140.
    If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.


    Supporting documentation

    Submitting Supporting Documentation

    Supporting documentation is the initial evidence that is required as proof of identification and as justification of eligibility for a benefit. These documents are required for USCIS to make a decision on your application. Examples of supporting documentation include copies of birth certificates, marriage licenses, Permanent Resident Cards, etc.

    Check the instructions for the form you are E-Filing to determine what supporting documentation, if any, is required.



    Instructions for Submitting Supporting Documentation for E-Filed Applications Only

    Review the instructions for your E-Filed form to determine what supporting documentation is required.


    Please Note: If you E-File Form I-90, you must submit all required initial evidence and supporting documentation at the time of your in-person appearance at your local ASC. Please see the Form-Specific Instructions for E-Filing I-90.

    Gather your supporting documentation for your E-Filed application.
    Originals and Copies. In almost all cases, submit a photocopy of your supporting document to the USCIS. For more information, see How Do I Know If I Need Original Documents? If form instructions state that a copy of a document may be filed with an application, and you choose to send USCIS the original, USCIS may keep that original for our records.
    Translations. Any foreign language document must be accompanied by a full English translation that the translator has certified as complete and correct, and by the translator's certification that he or she is competent to translate the foreign language into English.

    Print a copy of your Confirmation Receipt notice and attach it as a cover page (or first page) to your supporting documentation package.
    DO NOT include a copy of your E-Filed application with your supporting documentation.
    If you E-Filed several applications concurrently (see E-Filing Forms Concurrently), you will have a Confirmation Receipt notice for each application submitted.
    Include the Confirmation Receipt notice(s) as the first page of the supporting documentation for each application.
    DO NOT include any paper-based applications or fees with your supporting documentation for the E-Filed application.
    NOTE: All Attorneys and Organizational Representatives E-Filing an application or petition on behalf of a client, MUST perform the following steps:

    Generate a copy of the G-28 (it will be generated as part of the PDF file application after you click the �Finish� button).
    Confirm that the Applicant/Beneficiary/Petitioner name and address information does appear on the G-28.
    If the Applicant/Beneficiary/Petitioner name and address information does NOT appear on the G-28, print out the G-28 (it will printout with the PDF file application).
    Make a copy of the G-28 for each application electronically submitted.
    Fill in the Applicant/Beneficiary/Petitioner name and address information by hand.
    Sign each G-28.
    Submit the completed and signed G-28s to the address on the Confirmation Receipt notice with the required supporting documentation.
    If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.

    Keep a copy of your Confirmation Receipt notice(s) and application(s) for your records, noting what supporting documentation you mailed and the date you mailed it. You may wish to make a copy of the entire package before mailing it.


    Place all supporting documentation into one package and mail it to the address provided on the Confirmation Receipt notice. If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.

    Failure to follow these guidelines may result in processing delays or even denial of your application.




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  • Sachin_Stock
    06-12 07:51 PM
    I am an EB-3 I and I do agree with lots of Eb-2 folks over here. Eb-3 folks can contemplate of moving on and apply fresh labor/140 and port to Eb2.

    Nobody can stop you from getting your stuff straightened up.



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  • ghost
    07-10 12:30 PM
    Your post shows your ignorance on how things work on the capitol hill. SKIL was introduced on thursday June 29, 2006 in the house.

    The congress was in recess (on the field) the entire last week. So effectively they were in the house for ONE day. What updates do you expect in this time?

    I'm sorry to say but there is no reason for you to be in IV if you have no belief in them. So, stop posting divisive messages and get the hell out of here. That's the least you can do for our cause.


    Don't you guys think there is no spark anymore in IV? Have you heard anything incourging from IV lately? Where is QGC or whatever there name is? Where is money?

    Many many times members asked for update once in a while, but what u got , nothing.

    Come one guys, stop dreaming.




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  • gunabcd
    07-17 10:33 PM
    What freedom and justice you are talking about? The folks on this forum are not responsible for you misery. So stop venting you frustation here. Though, I sympathize with you situtation but unfortuantely the whole legal system is unfair.
    What we have done here is a good start, soon we will lobby for passing of SKIL bill . And the day is not far when you too will be benefitted by these efforts
    Please and i'm begging you that please read the entire post and think for a moment before replying. I'm not in BEC, already filed my 485. I'm aware of the IV efforts towards getting relief for BEC people, I never disputed that. My point has been that the system and July bulletin is unfair (at least from one angle) and that calling it unfair/unjust should not upset others. I don't know what words were used by Bigtime and banning him was fair or unfair.



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  • Humhongekamyab
    06-10 02:25 PM
    Yaayyyyyyyyy love the message at the bottom....hopefully next month I'll be current and will complete my GC journey.




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  • ramvinay
    06-14 10:03 AM
    Thank you all very much for answering my question , I feel much better now.
    Just a quick follow up.
    I am assuming she can continue to work on her OPT till we get our EAD cards or her H1?
    Thanks for your response.





    Yes, certainly your wife can apply for I-485, that has nothing to do with your whether your wife is on F-1 or H-1.
    Her H,F etc. status continues independently of the Adjustement of Status petition. (Yes she can file even while in F-1 as she is not the primary beneficiary but your dependent for I-485)

    Infact as soon as your wife get's her I-485 receipt, she is legally in status even if she loses her F, H etc. status.

    Moreover I can say all this since I know someone who is an exact similar situation.



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  • northstar
    09-29 05:48 PM
    I had recent experience with continental the flight got cancelled but the staff was good they immediately gave me tickets to Virgin Atlantic (which was earliest departure) but I had Advanced Parole and so could not take VA.

    rockstart, what was the issue with Advance Parole, can you elaborate?




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  • xlr8r
    06-26 01:15 PM
    Look no further, CIR is back.

    http://www.miamiherald.com/509/story/151845.html



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  • pushkarw
    11-15 05:27 PM
    Does IV have any corporate sponsorships? If I am not mistaken, all major corporations have a community relations function. Any thoughts on reaching out to them? Microsoft, Cisco, Google - the list could be endless.




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  • simple1
    08-07 04:59 PM
    While I am happy for you about your canadian experience.

    I am unable to understand the need to contradict yourself ?
    "Saw the myths and tragedy of US GC process very closely. Didn't want to spoil peace of life and my hard earned money with USCIS and lawyers........But I can go out of Canada and enter any time and as many time as I want. Can you do that too????
    ......you’ll succeed anywhere in this world, be it in US, Canada or Australia. Don’t blame it on a country, but look at yourself."

    I had been there in US for 7 yrs (3 yrs in L2->1yr out of US->4 Yrs in H1B). Saw the myths and tragedy of US GC process very closely. Didn't want to spoil peace of life and my hard earned money with USCIS and lawyers:mad:. Didn’t look at the US GC application and applied for Canadian PR. Came to Canada with PR last year from US. Peacefully settled in Toronto with nice job and benefits, bought my brand new car 4 months back. Nice and friendly people and government. Happy to be in Canada. No more stamping issues, tons of junk paper works, consulate visit PA and wired look from immigration officers at POE…. enough…. I am not going back to US even for a visit in next 5 yrs..…

    But I can go out of Canada and enter any time and as many time as I want. Can you do that too???? :D

    To those who are portraying wrong picture of Canada, all I can say, if you have skills, personality and capability, you’ll succeed anywhere in this world, be it in US, Canada or Australia. Don’t blame it on a country, but look at yourself.
    Just my 2 cents.



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  • agiridhar
    06-13 12:51 PM
    A friend of mine transferred his H1b from company A to company B. He applied for the H1b transfer and then started working on company B. His H1b from company A expired while his petition was pending with USCIS. He received an RFE after 3 months. Company B responded to RFE but received one more RFE for the previously responded RFE. Now my friend fears that his H1b transfer petition may be denied. Would it be possible for my friend to return to company A and apply for H1b under premium processing even though his H1b with this company expired couple of months back? He has been working all this while on the basis that his petition is still pending with USCIS. Any suggestions or advise would be much appreciated.
    Legally you can start working for company B once you get the receipt.

    think there is no limitation on number of H1's filed for one. so you can go back to company A for the H1 or go to a new company C for that matter.

    and as always get a lawyers opinion.




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  • PresidentO
    02-25 12:49 PM
    I had emailed CIS Ombudsman's requesting temporary relief in such uncertain times...by allowing ppl to file for AOS..even if their PD is not current.

    They replied to me ..but i think a more co-ordinated and deluge of such requests will make them take this issue seriously.

    So what did his office say? Is there a new OB in office yet?




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  • Jaime
    09-10 04:25 PM
    Guys, I just changed another mind, how many have you changed today??? We can do this!!! Let's GO!!!!!




    awenger
    08-21 06:55 PM
    I disagree. I would expect a person to convey that they are not officially open despite the doors being open. I agree its not nice on customers part to enter before the office is officially open, but that does not mean the officer just threatens a countryman.

    We should learn to respect our countrymen/women first. If I were to try to enter a business which is closed but doors are open, I can tell that someone would tell me that same verbally!

    You are correct - the Consulate official should have been firm, but polite. However, this does not excuse the person who tried to enter the Consulate before it officially opened. This is not your run-of-the-mill business establishment, but a government office / establishment with significant security concerns. Why don't you go to a federal building or a courthouse, or say, to the airport, and walk through a security checkpoint without listening to the instructions of the officers nearby, and see what happens. Maybe other people have tried this before, and the Consul official lost his cool on the day your were present. Again, this does not excuse his/her behaviour, but I wouldn't damn him/her for this.

    In addition, at these government offices, the officials have to deal with people who demand 100% positive attitude while offering little in return. Read some of the responses on this thread: would you like to attend to their concerns on a daily basis?




    uffyegc
    05-20 08:25 AM
    Amount: 100
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    Signed up for 6 month recurring contribution.

    Thanks for all your efforts.



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