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  • dan19
    09-15 05:14 PM
    Whether EB3 or EB2 is dependent upon the job description.
    Suppose your job requires only a BS degree and you have a MS, you cannot still apply under EB2. The job should require a MS degree or equivalent if you need to be under EB2.

    Honestly I didn't know about this factor when I joined work. I thought I could apply under EB2 since I had a MS degree.

    Better that you asked about these options now, rather than finding it out years later when you are about to apply for the final stage.

    Hi,

    I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.

    But my school said I cannot get my degree certificate till December 2006.
    My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.

    Please suggest.

    Thank you,
    Vijaya.





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  • giddi_raja@yahoo.com
    11-02 02:43 PM
    It takes 60 days from the RFE received date to make a decision on your AP. If dec 31st passes and if you don't hear anything from USCIS, you may need to call them.

    If it is an emergency travel and cannot wait for their approval, you need to visit the local USCIS office with an appointment.

    I am on the same case, waiting for USCIS reponse. Thanks.





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  • kosars
    08-27 03:48 PM
    cannot come, working

    will contribute some money





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  • whitecollarslave
    01-28 01:54 PM
    Thanks for the response.
    I think Sergey Brin, one of the founders of google immigrated to US as a kid, i.e. not on EB quota or H1/L1.
    I am looking for those who are either -
    - currently on or were once on H1/L1/AOS pending.
    - immigrated to the US using Employment Based immigration.
    Any and all responses appreciated. Thanks!



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  • chanduv23
    04-27 02:58 PM
    you may not get much ifnormation from Infopass - you can go for infopass for issues like FP or Name check status or similar things.

    Well Don't don't assume that "pre adjudicated" means everything with the case is over and the ONLY factor is visa number unavailability.

    Pre adjudicated means - things are fine as of now.





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  • vparam
    03-11 11:17 AM
    Thanks vparam ! We will give this a try. Hope they give us an SSN.
    My wife CA bar exam for which she needed SSN. without bar affiliation she could not get a job. So it was the same situation. that is when we came to know about SSN without work authorization. Initially SSN person told no, it is not feasible but after showing the process requirement and providing the required documetns , the 2nd time we went we got it. It is also depends on the knowledge of the SSN person at the window. But law has it in provision to issue non-work SSN



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  • a_yaja
    06-26 03:10 PM
    Could you please point out the section where it says dual intent for H1 will be removed ?
    You will have to prove that you will come back to your home country after the end of the H1B. Look at page 237 of the new bill. It has the following:



    (c) CLARIFYING THE IMMIGRANT INTENT PROVISION.� Subsection (b) of
    14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
    15 is amended�
    16
    17 (1) by striking the parenthetical phrase �(other than a
    18 nonimmigrant described in subparagraph (L) or (V) of section
    19 101(a)(15), and other than a nonimmigrant described in any
    20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
    21 such section) " in the first sentence; and
    22
    23 (2) by striking �under section 101(a)(15)" and inserting in its
    24 place �under the immigration laws.".





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  • Geni
    05-30 09:43 PM
    Democrats have majority in the house and that is what Nacy will look for. She will see what is the out come of the HOUSE before really making some thing in the SENATE



    They'll probably start with what Senate passes. and make some minor amendments.

    If it passes the house, conference will be piece of cake.

    Our best hope is:

    1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.

    2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.

    I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.



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  • immi_twinges
    09-19 12:22 PM
    Where did Gandhiri go...

    It seems like every one is yelling and trying to make others feel low if they didn't attend rally or didn't contribute...

    The website is free and its up to individuals to do what ever they want ...
    May be they will feel the heat or retrogression after 2 years or so and start doing something about it (like contributing..

    All i am saying is do not chase visitors away with your anger...

    Peace...

    ------
    I am just a visitor....who likes iV
    I used to visit the forum now and then as it was a good forum where people encourage and support each other..It gave me a sense of belonging to something...





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  • santa123
    06-08 01:03 AM
    I think its your LC job requirements which governs EB2/EB3. For EB2 classification on your I-140, your job must require 'Masters' or 'Bachelors+5Yrs Experience' on Labor Certification.

    My Job ad says: Sr Business analyst wanted ... with MS/MBA or foreign equivalent with 5 yrs exp.

    I have
    BSc in physics - 3 yr India degree
    PG diploma in Instrumentation - 1 Yr India PG diploma
    PG dip in marketing mgmt - 1 Yr India PG dip (E learning)
    PG dip in buiness admin - 1 Yr India PG dip (E learning)
    MBA - 3 Yr India PG degree (E learning)

    6 yrs in healthcare, 2 yrs in sales, 5 yrs as Business analyst with Indian s/w vendor. 13 yrs in total.

    Does my job ad allow me to qualify for EB2? Will I have any issues at my I-140 stage? Pls share your thoughts



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  • geogeo
    11-20 08:52 PM
    my lawyer just wrote me they filed EB2 for me and told me this means my case will be audited because 'job requirements are not normal' according to DOL :(
    That is, my employer is asking for a master's degree for the position and that they should not be asking for master's, but I was assured it would not be difficult to justify that the position requires master's. And this stupid process will take about 2 years on average. I want to screem





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  • SunnySurya
    08-04 09:35 AM
    I came to know of a case where this gentelman who has PD of Nov 2002 EB2 has his case pending at Nebraska for a really long time. His Name check and other formalities were cleared and no body was sure the reason for the hold up. He had numerous infopass appointments as well as written to various lawmakers etc... After getting tired of doing all that he decided to take 15 days off from work. And do you know where did he go:
    He went to Lincoln, Nebraska.
    The story goes that every day he would stand in front of the office and he was turned back but he continued to sit in the lobby requesting to see the director. Finally his persitence paid off. On 15th day he was granted half an hour with the Director and he presented his case. In few hours he saw his 485 status changed to approved.

    So the persitence really do pay. I don't know the name of this gentleman but if you are reading this post please provide some more details. Hats off to you.



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  • pash02
    05-25 07:50 AM
    Sent





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  • gsc999
    04-02 12:54 PM
    Hi,

    I am in the Peninsula, in Nor. Cal. My congress woman is Anna Eshoo. Please let me know how I can help. I have called her office and asked for support for the STRIVE bill. I will call her office again and set up a meeting. Need the collateral from IV. Anyone near around this area?



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  • realizeit
    08-18 11:26 AM
    Few months back, I used AC21 to move from my previous employer to current. Before doing that I contacted a senior attorney at murthy law firm with all my questions. You can take such an appointment with murthy law firm or other major law firms and ask your questions.

    In my case, both titles are different: it changed somewhere from Programmer to Project Leader. Title does not matter. The job description should be similar and the job should fall into the same occupational classification - it need not be the exact same job code. As classification is very broad, you have the option of pretty wide job changing possibilities under the same classification. We can even take promotions using AC21, if the job classification is same.

    So, please don't become a victim of those folks who advice you based on limited knowledge. Contact a reputed attorney for the right information. For me it costed $200 for a 20 minute appointment with a senior attorney at Murthy law firm.




    Guys,

    I need some urgent advice, I have pasted the below job title/description from my labor, and the new job opportunity which I have getting, can you please suggest if that would be a good idea to change job, and invoke AC21..


    Description in Labor

    Occupation Title in Labor - Comp. and Info. Systems Manager
    Job Title - Information Technology Project Manager

    Job Description in Labor:
    Plan and direct information technology products and software application
    development. Technical environment includes ERP/CRM: Oracle Applications, Web
    Methods, Siebel, SAP, ABAP, People Soft; TIBCO, Informatica, Ab-Initio, Data
    Staging, Quality Analysts, Business Analysts, Databases such as Oracle, SQL Server &
    DB2 Languages, PL/SQL; XML, C#, .NET Framework, C++, development tools such as
    Visual Basic, CICS,Weblogic and Websphere.


    New Job

    New Job Title - Lead Application Integration Specialist

    Job Description:

    Plan and direct information technology products and software application
    development. Technical environment includes TIBCO, Java, XML, PL/SQL,Amberpoint, Business Analysts, Quality Analysts, Databases such as Oracle, Development tools like
    Designer, Eclipse, Xml Spy





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  • gconmymind
    10-04 05:43 PM
    I live near Ahmedabad so I ask my parents to travel to Ahmedabad and submit it at Ahmedabad VFS office. VFS has offices in certain cities (lookup the website) and will accept your papers there. I hate the fact that you cannot directly mail your papers to the Mumbai consulate from USA. If your family is in Mumbai, they should be able to submit it in person to VFS.
    VFS also has an email address on their website if you want to ask them questions. They are pretty good at responding.
    So can I submit the docs through my family .. now and just go for the final interview?
    This way I can go to the embassy the day I land in Mumbai.



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  • GC_SUCK
    09-26 07:20 PM
    Here are details

    PD: 04-08-02 - EB3-ROW
    Concurrent Filing: 140(PP)/485/EAD/AP - 03-23-07
    I-140: Approved on 03/30/07
    FP:05/11/07
    EAD:Card Received in mail on 06/21/07
    AP:Notice Mailed on 06/21/07
    485 LUD (Last Update):
    03/31/07 - 05/11/07 - 05/14/07 - 09/10/07 - 09/11/07
    I485:APPROVED - 09/18/07
    I485:Approval Notice Mailed - 09/21/07

    Card Received - 09/24/07

    Hi GC_SUCK, Congrats, can you send your details of dates in all stages, will be informative for us, thanks.





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  • leoindiano
    08-01 03:06 PM
    these 4 are already there, Looks like some consulting company duped USCIS and Obama...

    * A customer-centric home page that provides applicants with a �one-stop shop� of immigration services information.

    entering all your cases under one login, this is already there....

    * Simplified navigation and improved search capability.

    this may be new

    * Enhanced customer service tools including expanded Case Status Online with both email and text functionality.

    email and text, this is there already, what they really improved...


    * Information that is written clearly and meets the needs of our customers.

    we have to wait and see..





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  • sweet_jungle
    11-17 12:26 AM
    it is the primary applicat's status which matters. spouse can be on any non immigrant status to file for I-485.

    Once spouse's I-485 will be filed, F1 will become invalid but will become AOS applicant. AOS is a status by itself and you will not be out of status. Spouse will be eligible for EAD and AP to work and travel. There is no need to convert back to H4 before filing for I-485.

    The only danger is if for some reason, I-485 is denied, then AOS status becomes invalid and then it will be out of status. In that case, primary applicant should have maintained H1 status (used H1 transfer to change jobs instead of EAD and used H1 visa to travel instead of AP) and that can be used for re-instatement of status of spouse back to H4.

    In summary, bringing back to H4 before filing for I-485 might be safer but may be impractical as the conversion will take time and in that time, one might miss the priority date window which will change month to month. Also, if spouse is using F1 to work, conversion back to H4 will require stoppage of work till EAD.





    purgan
    04-24 08:39 AM
    gccube/kamesh

    congratulations on your GC. must be a great feeling. I see ypur 485 RD was in JUne 2007, was yours based on a Labor substitution?





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