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  • mrane1
    09-26 03:01 AM
    I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.

    Country: India
    Date of Joining with current employer : Jan 2006.
    PERM Filing/ Approval Date: Aug 2006.
    I-485/ EAD filing Date: July 2007.
    I-140 RFE received date: Sep 2007.

    The RFE reads as follows.

    ---------------------------------------
    "Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
    If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
    ---------------------------------------

    This is my history.

    I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
    I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
    But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.

    I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
    I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.

    The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.

    Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.

    My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.

    I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.

    Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?

    Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow

    Wow your situation is indeed unfortunate! Its really your lawyers fault... he should have checked this and filed EB3 to begin with... or atleast given you an idea that something of this sort might happen at 140 stage, if you insisted on eb2... What was suggested by your friends seems to be the only logical step... and its highly unlikely that USCIS will budge from their stance... maybe other people might have better idea...





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  • bujjigadu123
    02-21 01:36 AM
    No. I am not an employee of any of the companies named in H1B visa fraud last week. The current employer is my the sponserer of my H1 B visa and also my first employer . I did not change my employer.





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  • maristella61
    12-11 02:31 PM
    everyone has to go thru namecheck process. Once during greencard process and once again during citizenship process. (if and when you apply for citizenship.)

    To find out about namecheck, you can call USCIS and if you get an officer on the line (not the cust service representative ), then you can find out.

    You can also find out about the status of your namecheck with infopass appointment. That will take up some of your time.

    Thank you very much. I will follow up on that.





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  • bombay
    12-27 01:04 PM
    We should be happy that we would be much better than the local guys after gettting our green card. We can offshore jobs to our native countries and earn good money and retire soon.
    Every coin has two sides, offshoring is good as well as bad. I am from non IT field and would offshore my jobs to india as soon as i get my green card. I hope not much americians can compete me but some chinese can.



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  • kumar1
    07-19 10:12 AM
    This is what you can do - Both in Mumbai and in Delhi, you have USCIS approved doctors who help people going through CP. In other words those who choose to go through emp based CP or family based Green Card which US embassy issues, go through Indian hospitals in Mumbai and Delhi. I think Gangaram in Mumbai has this facility. Ask your wife to get it done from there. Do not wait till the last moment, as someone pointed out, a slight delay in flight could............





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  • pappu
    11-27 10:17 AM
    Note: Please read the entire document rather than just basing your judgment on the graph and the visa bulletin charts. There are several caveats and limitations of this data. The data USCIS has published may not be 100% accurate. There are several thousand applications that may not have been pre-adjudicated at the time of publication of this data. The CP applications, field office applications etc are not part of this data.As an advocacy organization, based on the data we can work towards seeking explanation on slow movement of visa bulletin dates or wastage of visa numbers in the months to come. We feel this is a one step ahead of the IV prediction tool published by IV in the past. We will continue to refine the analysis as we receive information from DOS and USCIS through our advocacy efforts.



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  • bestia
    08-31 04:17 PM
    should be taken with a huge grain of salt. The job of the media is to create sensationalism so that the news can be spread.

    The general issues still are true.

    Well, that's the job of the media. Our job is to get GC. Although the issues are true, I would still prefer having absolutely correct articles, so no anti-immigrant could point his/her finger saying "look, immigrants are spreading lies". Just like we bashed them when they were claiming that we pay less taxes. It was a good point to discredit them.





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  • vivid_bharti
    04-28 07:48 AM
    not "most"!! only few have a wait of 3-4 years, most have a wait of over a decade....the numbers of applications pending at AOS stage at USCIS is scaryLook at the number of people who posted messages to this thread .... even if you say 4 times that number of people posted messages to WhiteHouse.gov it is no where close to the numbers we need .... Lets not kid ourselves - Unless there is a miracle - most of us are looking at aleast another 3-4 year wait :(



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  • kannan
    06-20 01:40 PM
    My lawyer is asking 350 for EAD and 500 for AP for each person excluding filing fees.Is it normal.or Can I go to another lawyer for EAD and AP who is cheaper than my company lawyer.





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  • hypersphere
    05-08 05:25 PM
    EB2, India, PD-oct 2003, RD-June 2007, I485- May 1st 2008.

    o Nothing materially and noticeably. A minor nuisance out of the way.
    - What did you do on the day you received it?
    o Was glad but no celebration.
    - How did the long wait upset your life?
    o Yes for a while. But the entire episode changed my outlook and showed me a different perspective. After being frustrated for a while I realized I should not called myself �skilled� if I cannot navigate the rather simple green card mess. People are successful despite extraordinary physical handicaps and here I was restraining myself under the simple excuse of GC. I realized that I had to and could create oppurtunities for myself, without GC and without being in the US. Fortunately at that very time I got my EAD (June 2007). I gave myself a hard limit of 1 year and if GC did not materialize in a year I would ditch the effort and move to plan B. By april this year I began taking steps towards a change of job. My prospective job title was going were different but I was willing to risk the GC. Now I was wishing I should not get a GC since I would need to shelve plan B for 6 months. And suddenly on May 1st I got the GC, just when I did not want it!
    - How did immigrationvoice help you during this long wait?
    o Tremendously. When GC was important to me, it gave me a platform where I could act to make a change. I haven�t been active but just contributed a couple of hundred dollars to the cause.
    - Would you like to continue your support to immigration voice and help others waiting?
    o No, the cause has long ceased to be important to me.
    - Any advice for everyone?
    o Don�t create impediments for yourself by hanging onto GC and getting frustrated. Move on, there is plenty of good life outside clutches of GC!

    Good luck to all, with or without GC life will work out good for you and your families!!



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  • rameshk75
    02-13 12:11 PM
    Here is my scenario:

    My first H1 was approved in 2004. But i came here in June 2005. Will my 6 year count starts from June '05 OR Oct '04 ? Pls suggest.

    Thanks





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  • sammyb
    01-04 02:42 PM
    I had a good laugh once I started reading the posts .. liked the fun .. and comments from members ... the H4 & F2 was good .. so L2 and F2 are in same category??? :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D



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  • desi3933
    06-19 10:33 PM
    Sats123, Chanduv23 is correct, also reading that with the paystubs you can avoid the employer letter saying that you work in such position and for such salary, finding out what position they used to file your labor (did you find it in the database on my previous post) and considering that you are about to get ripped off, it would be advisable that you go through that lawyer that someone was saying charges 1000 to file your papers and 500 for your spouse;

    Did you get the medicals? I know it takes time now to get an appointment, and if you want to file the I-485 on your own, please ask if you have questions, I think you can get out of this trap and before the immigration rates hike on July 30th.

    Pay stubs are for the current job, whereas GC is for the future job. You will need EVL fom employer. I suggest that you talk to YOUR attorney and he/she will tell you that.

    However, you can get EVL on the pretext of visa stamping, Drivers License renewal etc. Making your next move tactfully.

    Somehow, I do not see any good reputation for Desi Consulting Company on these forums. I worked for non-Desi company, so I am not aware of all these politics.

    Not a Legal advice.
    ----------------------------------
    Premanent Resident since May 2002





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  • kondur_007
    06-10 08:22 PM
    The fact is republicans don’t like non whites to immigrate to US and the democrats are color blind to most extent but they are class conscious, they like illegals and poor people to immigrate to US because they can control them whereas they cannot control and herd the EB immigrants.

    "reforming" the US immigration system by introducing a points based system where even existing applicants like the EB folks who have been in US for the last 10+ years have to re apply in points based nonsense system.

    We will all have to fight for our cause but don’t have unrealistic expectations from CIR. Our best bet is a non cir piece meal bill visa recapture bill that addresses EB issues seperate from CIR, it is difficult to get such a bill passed but the chances for such a bill are better then Obama-durbin cir

    You echoed my feelings about CIR...
    My biggest fear is "choking up of the already inefficient system"...currently we at least can apply for something and expect it to be processed in few months (longer in some cases), get our EADs and APs renewed, call customer service with questions (although don't get needed info in most cases), get infopass....when they try to deal with "blue cards" and Z visas of 12 million plus illegals, none of this will be available.

    And I do not want to start GC process from "scratch" in point bases system when I have spent so much time, money and energy in the current process...

    Only and only Ron Gotcher can say "once CIR passes, everything will be current and stay current..." DREAM COME TRUE!



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  • smohan
    08-21 10:35 PM
    Kumar,
    Thanks for your detailed postings.

    One question to Kumar and other knowledgeable readers here.

    My child is now over 21 years of age, however is OK with our present EB-3 filing. We all are on EAD. Now if I go for EB-2 route, my doubt is that my child who is already 21 plus years, will not be eligible to be beneficiary in this new EB-2 route...or is there any way?
    Thanks for your attention guys.





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  • sam_hoosier
    11-19 02:50 PM
    Good idea, but will not work since people cannot think outside the box. Most people think that if I cannot get a GC why should the guy in the next cubicle (who has a US Master's) get it. They don't realize that by taking the US Masters out of the regular queue, they would probably get their GCs faster :)



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  • wolfpok
    01-20 09:26 AM
    Our letters are in the mail. Updated the poll yesterday. Who is next? :)

    pok





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  • venky08
    01-05 11:34 PM
    reminds me of a popular hindi maxim:
    "Shadi aisa laddoo hai jo khaye wo pacchataaye, jo na khaye wo bhi pacchataaye"

    loosely translated in english it means

    Marriage is a dessert which if somebody eats it, he will repent and if somebody does not eat it, will repent too...

    (thank god my 5th grade english teacher is no more in this world to see this day...he must be rolling in his grave seeing my poor english translation skills:D)





    This thread is giving good tips for members who are single...!!!!:)
    Reminds me of quote..
    "In life learn from others mistakes....U don't get time to make those mistakes.."





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  • SkilledWorker4GC
    07-08 04:32 PM
    I dont think we could expect such thing from our community as we are born selfish and scared of things. Everone is just hoping that some miracle will happen and everyone will get their GCs. Or else people are happy with EAD/h1b renewals.We really lack the kind of leadership and atitude we had before independece both at home in india and here.I think people have made immigration problems as part of the many problems they have in their lives.

    Leave alone ABCDs, Vinodh Khosla ka Ghosla, or Jindals or all the big shots ATA or TANA.
    For a moment - lets look at our own community that is affected.

    For all those who are not affected - this may seem a non issue except for universities, hospitals, and companies like MSFT etc.. where competition and talent is of high importance and where talent cannot be compromised and this mess is affecting them - it is OONLY these people who will support us and that too, they press more on h1b rather than green cards because they want man power and dont mind if it is h1b or GC. For an avg desi or any immigrant who is looking for a h1b, he has NO clue about this mess and will be glad to embrace the H1b quota increase and OPT extensions as everyone think GC is not an issue these days.

    For a moment - look at the community that is affected - people like us. WE have to be on top of this. The backlogs seem to be close to a million and look at the number of people trying to do something about the situation. Anti immigrants paint us in bad light, media confuses our issues and writes rubbish, Lou Dobbs makes baseless comments and everyone in our community does nothing but trying to track EAD etc... A handful of people make phone calls, a handful send letters, a handful help IV. Others just sit and watch and pretend they don't know anything. When we make request to join state chapters very few join. Out of that very few actively participate in activities. When IIV asks people to enter a correct profile - very few do it.

    Things will improve ONLY of the entire community stands up on their own without expecting others to do something for them





    nrk
    10-27 05:06 PM
    I have taken info pass appointment and will update the status here

    Don't worry. Most likely, it is USCIS error. Check why after 140 approval, they sent to DOS while you are in Adjust of Status? May be USCIS entered wrong in system and creating issue.
    I would take INFOPASS and contact local Congressman.
    Good luck !!!





    days_go_by
    01-31 12:59 PM
    Guys - why is the Hike in immigration fees conciding with strong opposition to funding of the Iraq War.....These funds may well go to Iraq....as Bush is not able to garner support for additional funding from congress.
    --------
    No, most of those funds will go to sister agencies like ICE to catch illegal immigrants, they will not go towards expediting processing, improving efficiency of USCIS.


    01/31/2007 08:00 a.m: USCIS Proposed New Filing Fee Schedules to be Published Tomorrow

    * The controversial proposed new filing fee schedules will be published in the federal register tomorrow with 30-day comment period. It is anticipated that the agency may be flooded with the comments from the immigration stakeholders and public during the period. One of the issues that may be raised is the basis of calculation of fees, to wit, whether it is required to cover the increased cost for the processing of the immigration benefits applications as caused by the inflation or, as reported in the CRS, most of the fee funds will be generated to fund the other divisions of the DHS such as ICE and CBP. For the CRS report, readers may want to reread our posting on December 22, 2006 in our Archive XIV. If it is the latter, there is a room for substantial dabate in the Congress, the DHS oversight authority, and potential lawsuits. Please stay tuned.



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