Thursday, June 23, 2011

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  • luckysiri
    04-20 09:08 AM
    I recently got an RFE to prove that my Master's degree is a three year course (and not a two year program) because the degree and the combined three year transcript don�t specifically state that it was a three year program.
    I have three year of Bachelor�s (BSc) and three year of Master�s (MCA) education, which was used to qualify for EB-2. I also have more than 10 years of experience in a related field.

    Unfortunately, I only have a combined three year transcript with a list of all the courses completed as part of program (Year 01, 02 and 03) and not three separate transcripts for each year of the program.
    I also have an education evaluation to prove that it is equivalent to MS in USA, which was submitted with the original application.

    I recently obtained a letter from the University stating that it was three year degree program with year of joining and completing the exam but my attorney strongly recommends on getting transcripts for all the years individually, which may not be feasible to obtain in a timely manner. She is not willing to do a fresh education evaluation and to respond the RFE without transcripts of each session/year.
    I know lot of my friends have successfully got their I-140 approved with a combined three year transcript from same University.
    What are my options? I need a second opinion and a possible representation, if required.
    RFE has to be responded by March 22, 2011

    Sorry about your situation. Based on your profile, I see you filed your 485 in july 2007 fiasco. Does that mean they raised a RFE on existing approved 140?

    I have the same criteria, 3 years Bachelors in Comp + 2 years Masters in Comp + 6 years exp (prior to filing 140). My 140 was approved back in 2007. I strongly believe you should be fine. May be you should need to do education evaluation again and respond with the new evaluation. I wish you good luck.





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  • BharatPremi
    12-11 11:30 PM
    It is not I, who decides it on what to do. It is always the opinion of majority members.

    Welcome Sir.:)





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  • WaldenPond
    02-24 03:58 PM
    arihant & wellwishergc

    Thank You for continued support. You make Immigration Voice an organization.



    diesel, abhikal & wrldnw4me,

    Welcome and Thank you for the support and contribution. Please encourage your friends to join this effort.


    Please feel free to call us at anytime at (281) 576-7185.

    Regards,
    -WP





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  • bfadlia
    01-13 03:33 PM
    Why should ROW always move forward?:D You think just because your numbers are small, we live for free in the US of A.

    I don't think you're following it too closely.. every year it creeps up a few early 2005 months, becomes unavailable the last quarter then in October jumps back to late 2003
    completely unexplainable monkey business !!



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  • jonty_11
    07-06 02:25 PM
    Just a hypothetical question, if AILF withdrew from a lawsuit, then waht?
    is that a question or wer eu trying to start another rumor?





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  • maximus777
    08-04 11:51 PM
    what a timeless masterpiece!!!
    gives me goosebumps everytime i listen to this!!!

    Couldnt agree with you more - absolute magic from ghalib



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  • dehradoon
    11-02 12:46 AM
    see this link for correct numbers -
    http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf





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  • cjagtap
    08-27 04:35 PM
    I will be facing the same prob if i dont get my extension in-time. At least EADwill work,meanwhileI am filing for my H1B extension ,but dont want to spend another 1000$ just to expedite the process for DL...
    let me know what is the best plan in such case...



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  • pappu
    04-11 11:56 AM
    Please do not post any offensive posts. Read posting guidelines if you have any questions.





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  • s_r_e_e
    08-22 03:36 PM
    Well, I don't think I am at the end of line of 300,000 people. There must be lots and lots of people whose priority date is after April 2004 might have filed. This includes 2004, 2005, 2006 and 2007.

    So I think 3 years is intelligent guess. But who knows I am just trying to make myself happy and trying to stay positive.



    Also remeber there is a big number of LC BACKLOG cases, all with PD prior to 2005, that will be cleared by end of next month and would get to apply AOS some time soon.



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  • apb
    08-13 02:14 PM
    Bumping





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  • hebron
    04-20 09:44 AM
    yes my case rejected due to number of years of education.
    My case they rejected because i have 3 year Bsc and 2 year master now funny thing is that i know my friend who did similar course from same university but he did same master degree like me but in part time so he complete in 3 years and he got approval in 2009.

    That's ridiculous :rolleyes: So did you pursue with MTR or filing in EB3?



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  • webm
    05-21 04:13 PM
    Its working for me. I noticed that when I clicked on your link it did not work, your link has "..." embdded in the url.

    Try this.
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC

    Still not working dude..The page cannot be displayed..

    I tried refreshing it though..





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  • glen
    10-12 09:09 AM
    Emailed to both editors.



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  • bestia
    08-16 08:50 PM
    Talk to a lawyer and get the answers.

    I do, but I don't get all the answers.


    But if you're on travel and questioned by immigration upon entrance if you're still working for sponsoring employer, depending on the circumstances, they can take your GC away. So that's another scenario separate from an audit or citrizenship interview that GC jeopardy may arise.


    Didn't think about that. but... why would officer ask "do you work for the sponsoring employer"? Isn't your GC same as family based, asylum, etc. green cards? Does officer even have that information right away? What do they ask usually?



    If circumstances change, like you getting laid off or fired, that's a different story. If the sponsor's intent changes, and that does happen, then obviously, you're free to move on. But you should be able to prove that, with say a termination letter, for example.

    I don't see the difference between being laid off and leaving yourself. In case of being laid off, your employer has to show intent of employing you forever. If any document will surface, that he had plans to lay you off before applying for I-140 or without you invoking AC21 at moment of AOS, then you are in the same trouble.


    All the way one keeps thinking that you are free to start a business, look for more exciting opportunities, go work in starbacuks...( yeah all that )...once you get a GC..

    But, now everyone is talking about again sticking to the sponsoring employer, a green card being revoked while entry...and umpteen scenarios...

    So, where does it end..when can one really feel you can flex yourself and do something without worrying about my employment history...


    These issues are raised not to start freaking out, but just to know them and not to do some silly things.

    In general... take this philosophically - it never ends. If not immigration, then something else will always be. Just know the law, keep your paperwork in order, don't talk to government employees without a lawyer, flex your mind, and do your thing.





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  • champu
    01-26 05:38 PM
    Hope is the new word americans learnt...
    we should learn it too.



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  • BharatPremi
    11-08 10:46 AM
    Even if a Mod or an Admin wants to wish its members on festive season, there is nothing wrong about it. Even the American President wishes people on ocassions and festivals.

    I'm with you.





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  • gauravsh
    07-03 10:28 PM
    all though I have a permanent job and valid h1 till 2012, with i140 cleared. I am planning to move back to india. I am all supportive for this law suit.
    I also wish to add a clause to add SSN and medicare to be returned back in this law suit.





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  • oldschool
    08-15 11:33 AM
    They will know because when you fill out the N-400 application form, you are required to list your employment details for the last 5 years.

    can they really deny you on this basis alone?





    tnite
    06-18 12:04 PM
    What is your point, Tnite? EAD and AP can filed/issued even if the PD is retrogressed. MY PD was retrogressed after I filed I-485 and EAD and AP were issued?

    ----------------------------------
    Permanent Resident since May 2002

    my point is if dates retrogress and if processing EAD's and AP's takes a long time getting a EAD might be easy in the first 60-90 days but renewals will become more difficult.

    its ok for folks that are within their 6 yrs of H1b but for others it will be a big head ache. As someone already mentioned earlier, you might have to apply for your renewal EAD the day after you get your 1st EAD and so on.





    chanduv23
    02-23 02:09 PM
    Chandu, my question is not whether HR dept can handle it properly or not.

    My intention/question here is if an applicant is on H1 (most of the cases 5th or 6th yr of H1) and then loose the job and until he finds other job (has EAD but never used it) the applicant does not have payroll running during the break. then technically is he ok or does he has to maintain h1 status or does EAD protect him.

    Coz until he finds a job and files for AC21 an applicant does not do any thing.

    And what do you mean by satisfy AC21 criteria. unless you find a job you cannot file AC21....so during the gap (what is the status of this gap?...technically I am trying to find an answer. please point me to a link or document. If you are aware of it, else can IV find an answer to it)
    "f you lost job on h1b and satisfy AC21 criteria then you are in pending AOS state and use EAD to work."

    Chandu, thanks for at least answering my question.

    Good luck for you!

    As far as I know, if you filed for 485 and crossed 180 days after that with the same employer - it basically means that you have satisfied AC21 minimum requirement and you must look for a new job under same or similar category. If you manage to find a job pretty quick, then you can go for h1b transfer and it should not be an issue, but if it is taking time, then you may have issues with transfer because you may not have paystubs, but technically, you are legally allowed to stay because a decision on your 485 has not yet been made and before a decision is made look for a new job in same or similar criteria.



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