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  • Sheila Danzig
    04-19 12:48 PM
    It is important that everyone understand that each case is different. In this case was the 1 year of the BCom required for admission into the diploma program? Otherwise in my opinion (and anything can happen with any one adjudicator at USCIS) it souns like you are combining, which is allowed for EB3 when so stated on the Labor Cert.

    Hello All,

    Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.

    She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.

    Can members with knowledge of these kind of scenarios shed some of their thoughts?

    Thanks.





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  • 24fps
    02-27 06:12 PM
    It is evident to anyone following this thread who hijacked it. I was only responding to the OP when you came here with your crappy comments about how people should not enforce personal morals on drug traffickers.

    Why don't you explain to everyone how is telling the OP that we do not condone taking or selling drugs something of a personal opinion?

    If your next post does not address the issue, then we all know who the real immature person is. Unless you have an answer, I will consider this case closed.

    I am not answerable to an anonymous "internet toughie" who picks up fights on forums. it's evident that your understanding of the tonality in a professional response vis a vis a personal one is impaired albeit imponderable.

    I shall not waste my time "coaching" the same.

    [B]"then we all know who the real immature person is"

    After your fiasco with Kumar, doesn't this whole forum apart from a few thousand scandalized visitors know who really enthrones "immaturity" here?

    With this i end my diatribe with you mr internet toughie aka sledgehammer. lol





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  • sabkaNumbrAaga
    06-01 12:01 PM
    Try hard like you used to do during your school days...trying to get one of those first 3 ranks in class....:pVote yes...get a better rank and lesser wait times for your GCs.....Good Luck....:)





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  • syzygy
    07-06 03:39 PM
    http://digg.com/politics/Green_card_hopefuls_to_resort_to_Gandhigiri_in_US


    I agree. I saw this thing first time.



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  • saimrathi
    07-06 03:18 PM
    Are you saying it will now be mentioned in tomorrow's (7/7/07) news telecast? That might be lucky for us then...

    as per NBC our news podcast has been bumped to tommorow as they got breaking news tonight. cannot put affiliations under the name as it might be against their policy.





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  • software7
    04-14 12:07 PM
    Problem with not including filing fee is you do not get the receipt or receipt number, Hence difficult to track.

    Customer service opened SR and sent to local office. Got letter from DHS (3 weeks back)that they researched case and are actively processing it, also if I dont get any correspondence with in 180 days contact them.

    Till date I did not get any letter saying that case has opened. Will it help if I take Infopass and go to local office. Please advice.



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  • rsrikant
    08-10 10:45 AM
    who cheated whom? come on diptam. you have been here for so long...
    you can not talk like that... people look forward to get advise from guys like you. not hatred..

    your company/employer cheated you. not anybody else... please rethink about it.

    You dont need to knock anyones door - I'll proactively go to anyone who used a "Labor Subs" and call them a Cheat because they have cheated someone else's Property and Dream.

    Its gone but i'm personally a victim of that - My 1st Labor was traded in the Market for certain US dollars... The legislation was not there - otherwise i did have sufficient Proof and resources to take care of that cheat company.





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  • royus77
    06-19 02:57 PM
    I guess most of the folks here are busy preparing to apply for 485. I have different problem here.

    My employer's attorney is charging me outrageous fees of around $5000 to
    apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.

    Do I have any other options. How much do they charge usually.


    Same with me My current attorney increased the fee overnight and luckily my employer is ready to work with others. find another one today and sent all the documents ( my 140 was already approved and available with me ) ..Dont want to take any risk with the 485 filing .....so hired another attorney



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  • greensignal
    06-19 02:02 PM
    Akhil,

    Can you pls send me a copy too? thanks in advance!

    a copy for me also please.





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  • mygoodluck
    08-13 04:11 PM
    Just wanted to see how many duplicate application USCIS will get this week.

    My lawyer has specifically recommended against re-filing. He said exact duplicate applications in the system is a really bad idea and could get to both being rejected. This is different from the case that if one has missed something in the first one, he can re-file.



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  • isantem
    07-29 08:21 PM
    Oh and by the way, may not be me or you waiting for Indian/Chinese GC's but could be your kid and mine. Let's have this talk again in a decade or two given GDP growth,debt and deficits of US and GDP growths/deficits/market size of India/China.

    Never say never, I dont know what my kids will do, they will go where is best for them.

    And Best is not just GDP, Romania hast 4 times more GDP per capita compared to India, but I don't see my self going back there. Coruption, stupid mentality, etc. dis will not change with GDP growth, to change the mentality of the people you need a couple of generation to die until you get somwhere close to USA.:(





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  • shana04
    02-16 01:32 PM
    Hi,
    I am talking to different lawyers for using AC21 - new position title and functions are almost similar with similar salaries in the same region, old employer might revoke the approved I140 but 180 days are over and I140 is approved - couple lawyers mentioned that the case is straight forward but still mentioned that they are not going to take the case because they decided not to do AC21 in many cases. Reason they mentioned is that underlying I485 is not filed by them and if its rejected for any reason there is a chance of mal-practise suit against them. The fact that they didnt do anything after taking the case might work against them. Their current insurance against mal-practise is not enough to cover these types of instances. I found the argument a bit weird but wondering if anyone else heard same - I heard this from 2 of the 3 lawyers I called locally.
    - kishdam


    kishdam,

    Logically thinking, first thing 485 is your petition.
    you are giving them the right to act on your behalf.
    There is nothing that an employer has provided except the offer letter.
    Now you are using new employers offer letter, how in the world would an old employer sue this attorney. This is your petition and not employers petition.

    Scenario:
    What if you use G28 representing your self and send a AC21 letter.
    Latter (God forbidden this does not happen to any one) but you get RFE, then you choose attorney. You explain that you are represting your self and now need attorneys help. Now who is going to sue this attorney.

    This is all B*** S**t to make money or to fear people. I know people who have used G28 representing them selves and got GC. my self I am using a attorney, coz he did not charge more and he said in case you are not satisfied you can always use different lawyer. And all that he has charged is $500.00 and if he is not up to the mark then I would find a differnet attorney. $500 is not a huge sum.

    So, good luck and find a better attorney.



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  • inskrish
    08-20 10:01 PM
    I'm sorry to hear this...Its happened...
    if you really wanna bring your employer to lime light..prepare yourself..first....Remember..its your life here...anyone[including me) can give free suggestion here ....

    There is no use working with this kind of Employer anymore...so my advice is switch to another employer[Good One] before you react to this...Make sure you pretend as if you are not aware of this and get the best out of him before you leave...once you r done...then show who is he to the outside world...

    I'm sure you be having atleast mail proof...[If not ditch the plan of suing and move on with your next opportunity]....take some time and prepare all the possible proof...hire a good lawyer....File a case against the attorney in the local law chamber where the attorney is practising....they will definely call you to settle the case...make sure you record it as the proof[if you don't have one already ::)].....

    Then hit the employer...make sure you ask a collosal sum through your attorney[Never give chances]....and then post his name and details in the Immigration blogs....

    You lost one of the major milestone in your life...never give up this time....

    Best of luck

    This is really a good advice. Yes, it is important that you make sure there is no threat to your job or H1B visa. Once you are at a safe position, then roll up your sleeves and show your power.

    Regards,
    IK





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  • kumar9844
    06-01 04:12 PM
    Done



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  • Sheila Danzig
    12-12 08:03 AM
    Almost all holders of the CA have a 3 year BCom. We have had, as far as we know, 100% approvals (for only a few cases) showing the CA = US Masters with the proper documentation and a professor's expert opinion letter. However the strong evidence points to the equivalency being a BA.

    Easygoer,

    From your reply, I get that you got your EB2 approved by equating CA to Masters degree. Can you let me know whether your bachelors degree was 3 years or 4 years?

    Also, could you let me know which month and year your appeal got cleared?

    Thanks a lot for your help.





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  • help_please
    07-13 06:10 PM
    Hi everyone,
    I reviewed the text of the bill...and, to the best of my understanding, the Dream Act applies to both legal and illegal children. This bill is crucial for me. I am 27 years old and have been in the United States since age 1 (Yes, 26 years)...LEGALLY!!! My husband (i married another visa holder and changed my status about 5 years ago) and I have been pending for a greencard for about 2.5 years now (I'm not counting the other failed attempts)...and still no luck. I completed my bachelors degree in Psychology years ago and cannot work (my field of study is fairly common in the US...nobody I've come across was willing to sponsor for an h-1). Unfortunately, going back to my "home" county isn't an option for me because this is the only home I've ever known. Anyhow, I would really appreciate everyone's support...hopefully this piece of legislation can benefit people like myself and we can contribute to society as well. Thanks!! :)



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  • trishanku
    02-13 03:46 PM
    mpadapa,

    You are right that spill over of 23020 visas from family based category contributed to movements in EB2 categories, however that was not the only spill over that happened. There were 12144 unused visas in EB-4 and EB-5 category which also spilled over. You could argue that those visas spill over to EB-1, however EB-1 had usage of 36591 visas last year compared to maximum allocation of 40040 visas which meeans that EB-1 also had 3449 unused visas. This means that there was a spill over of 15593 visas just from EB-4,EB-5 and EB-1 category.

    So there will definately be some spill over this year if you assume same usage level as last year. How much? I am not sure yet.

    I have my analysis in an excel file, i tried to upload it here as zip file, but it seems to be failing.





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  • rockstart
    02-23 03:10 PM
    you can also show joint tax filed as additional proof. Her H4 stamping etc can be a proof too





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  • aroranuj
    04-20 07:26 PM
    Can someone please shed some light if my attorney is heading in the right direction?

    Thanks,


    Hello All,

    Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.

    She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.

    Can members with knowledge of these kind of scenarios shed some of their thoughts?

    Thanks.





    techbuyer77
    07-17 09:33 AM
    can you post a link please?





    485Mbe4001
    06-02 07:00 PM
    I think his post was based on the summary on the site.

    "OpenCongress Summary:
    This legislation would reform the family-based immigration system and speed up the process for family members of legal immigrants to secure visas. Specifically, it would reclassify spouses and children of legal immigrants as immediate relatives, raise the per-country family-sponsored immigration limits from 7 percent to 10 percent of total admissions, recapture visas that went unused in previous years due to bureaucratic errors, allow widows and spouses to remain eligible for visas after the death of a sponsoring family member, and more."



    Where did you read the new text ?



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