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  • wandmaker
    10-22 10:07 PM
    Hello,

    Please advice on this.

    Application is filed under EB2 category.
    In Labor certificate minimum education requirement is Master's

    My I-140 is denied because of 3 years Bachelors degree.
    I have 3 yrs bachelors + 2 years Masters + 4 yrs work exp.

    Received RFE on 15th June 2009.
    We submitted 2 education evaluations on Sept 3rd 2009, which says my Master�s degree is equivalent to US Masters Degree.

    Received denial notice on 28th Sept 2009.
    After denial, Lawyer is planning to file appeal with federal court.

    Does anyone have the same issue?

    I read about a company called Career Consulting International (CCI)on internet, it seems they can prove my 3 yrs bachelors degree is equivalent to 4 yrs US Bachelors degree.
    To proof this CCI is charging a huge amount.

    Does anyone have any info about CCI?

    Please advice.

    Thanks.

    Everyone knows the fact


    B.Sc != US Bachelors or Even B.E
    B.Sc + MCA / any non professional master degree != US Masters or Even M.E
    For your qualification, you can only prove that your education is equal to US Bachelors - even then you are short of 1 year experience. So, you dont qualify for EB2.





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  • Beemar
    10-04 09:04 PM
    Congratulations.

    Even I got approved on saturday. What's wrong in that?

    Enjoy green life now.

    finally approved... got magic emails this morning :D:D

    How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)





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  • meridiani.planum
    06-08 03:38 AM
    http://www.dps.state.ok.us/

    only two sample licenses shown there. ONe says 'sex offender' other says 'temporary'. :mad: :mad: :mad: :mad: :mad:

    even the title of that section is nasty:
    New Driver Licenses for
    Sex Offenders
    and Noncitizens

    and dont say there is no implied grouping/nastiness there. Of there is'nt, how would they react to:

    New Driver Licenses for
    raving lunatics
    and oklahoma lawmakers





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  • voldemar
    01-10 10:33 AM
    I am in similar situation,
    But my wife will not be having a valid visa while returning and she will not have her AP before leaving US.?

    I would mail the AP once it is approved and can she come back with AP?
    If she doesn't have AP approved or H4 visa stamp, her 485 application could be treated as abandoned when she leaves US.



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  • Steve Mitchell
    March 28th, 2004, 11:15 PM
    I'm sure a lot of folks are pretty bored with basketball by now, but I kinda like this one from tonight. Don't worry, if Indiana goes to the Finals (which there is a very good chance they will, we only have until June. :)


    http://www.dphoto.us/forumphotos/data/543/1miami1.jpg





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  • mmk123
    04-26 11:06 PM
    Many of us came here because an American University admitted us and sent us invitation (aka I20) to attend the program and many are working here because american companies invited us and sponsored our work documents and pays us very well at par with other knowledge workers. The company and industry we work in, needs our skills (even in this recession) and that's why we are here.

    Believe me, most of us won't let GC situation drive our lives and will succeed no matter where we will be and will make sure to be helpful and grateful to all people and the country we are in. May be it's India or US or Canada or else ...



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  • learning01
    02-25 05:03 PM
    This is the most compelling piece I read about why this country should do more for scientists and engineers who are on temporary work visas. Read it till the end and enjoy.

    learning01
    From Yale Global Online:

    Amid the Bush Administration's efforts to create a guest-worker program for undocumented immigrants, Nobel laureate economist Gary Becker argues that the US must do more to welcome skilled legal immigrants too. The US currently offers only 140,000 green cards each year, preventing many valuable scientists and engineers from gaining permanent residency. Instead, they are made to stay in the US on temporary visas�which discourage them from assimilating into American society, and of which there are not nearly enough. It is far better, argues Becker, to fold the visa program into a much larger green card quota for skilled immigrants. While such a program would force more competition on American scientists and engineers, it would allow the economy as a whole to take advantage of the valuable skills of new workers who would have a lasting stake in America's success. Skilled immigrants will find work elsewhere if we do not let them work here�but they want, first and foremost, to work in the US. Becker argues that the US should let them do so. � YaleGlobal


    Give Us Your Skilled Masses

    Gary S. Becker
    The Wall Street Journal, 1 December 2005



    With border security and proposals for a guest-worker program back on the front page, it is vital that the U.S. -- in its effort to cope with undocumented workers -- does not overlook legal immigration. The number of people allowed in is far too small, posing a significant problem for the economy in the years ahead. Only 140,000 green cards are issued annually, with the result that scientists, engineers and other highly skilled workers often must wait years before receiving the ticket allowing them to stay permanently in the U.S.


    An alternate route for highly skilled professionals -- especially information technology workers -- has been temporary H-1B visas, good for specific jobs for three years with the possibility of one renewal. But Congress foolishly cut the annual quota of H-1B visas in 2003 from almost 200,000 to well under 100,000. The small quota of 65,000 for the current fiscal year that began on Oct. 1 is already exhausted!


    This is mistaken policy. The right approach would be to greatly increase the number of entry permits to highly skilled professionals and eliminate the H-1B program, so that all such visas became permanent. Skilled immigrants such as engineers and scientists are in fields not attracting many Americans, and they work in IT industries, such as computers and biotech, which have become the backbone of the economy. Many of the entrepreneurs and higher-level employees in Silicon Valley were born overseas. These immigrants create jobs and opportunities for native-born Americans of all types and levels of skills.


    So it seems like a win-win situation. Permanent rather than temporary admissions of the H-1B type have many advantages. Foreign professionals would make a greater commitment to becoming part of American culture and to eventually becoming citizens, rather than forming separate enclaves in the expectation they are here only temporarily. They would also be more concerned with advancing in the American economy and less likely to abscond with the intellectual property of American companies -- property that could help them advance in their countries of origin.


    Basically, I am proposing that H-1B visas be folded into a much larger, employment-based green card program with the emphasis on skilled workers. The annual quota should be multiplied many times beyond present limits, and there should be no upper bound on the numbers from any single country. Such upper bounds place large countries like India and China, with many highly qualified professionals, at a considerable and unfair disadvantage -- at no gain to the U.S.


    To be sure, the annual admission of a million or more highly skilled workers such as engineers and scientists would lower the earnings of the American workers they compete against. The opposition from competing American workers is probably the main reason for the sharp restrictions on the number of immigrant workers admitted today. That opposition is understandable, but does not make it good for the country as a whole.


    Doesn't the U.S. clearly benefit if, for example, India's government spends a lot on the highly esteemed Indian Institutes of Technology to train scientists and engineers who leave to work in America? It certainly appears that way to the sending countries, many of which protest against this emigration by calling it a "brain drain."


    Yet the migration of workers, like free trade in goods, is not a zero sum game, but one that usually benefits the sending and the receiving country. Even if many immigrants do not return home to the nations that trained them, they send back remittances that are often sizeable; and some do return to start businesses.


    Experience shows that countries providing a good economic and political environment can attract back many of the skilled men and women who have previously left. Whether they return or not, they gain knowledge about modern technologies that becomes more easily incorporated into the production of their native countries.


    Experience also shows that if America does not accept greatly increased numbers of highly skilled professionals, they might go elsewhere: Canada and Australia, to take two examples, are actively recruiting IT professionals.


    Since earnings are much higher in the U.S., many skilled immigrants would prefer to come here. But if they cannot, they may compete against us through outsourcing and similar forms of international trade in services. The U.S. would be much better off by having such skilled workers become residents and citizens -- thus contributing to our productivity, culture, tax revenues and education rather than to the productivity and tax revenues of other countries.


    I do, however, advocate that we be careful about admitting students and skilled workers from countries that have produced many terrorists, such as Saudi Arabia and Pakistan. My attitude may be dismissed as religious "profiling," but intelligent and fact-based profiling is essential in the war against terror. And terrorists come from a relatively small number of countries and backgrounds, unfortunately mainly of the Islamic faith. But the legitimate concern about admitting terrorists should not be allowed, as it is now doing, to deny or discourage the admission of skilled immigrants who pose little terrorist threat.


    Nothing in my discussion should be interpreted as arguing against the admission of unskilled immigrants. Many of these individuals also turn out to be ambitious and hard-working and make fine contributions to American life. But if the number to be admitted is subject to political and other limits, there is a strong case for giving preference to skilled immigrants for the reasons I have indicated.


    Other countries, too, should liberalize their policies toward the immigration of skilled workers. I particularly think of Japan and Germany, both countries that have rapidly aging, and soon to be declining, populations that are not sympathetic (especially Japan) to absorbing many immigrants. These are decisions they have to make. But America still has a major advantage in attracting skilled workers, because this is the preferred destination of the vast majority of them. So why not take advantage of their preference to come here, rather than force them to look elsewhere?
    URL:
    http://yaleglobal.yale.edu/display.article?id=6583

    Mr. Becker, the 1992 Nobel laureate in economics, is University Professor of Economics and Sociology at the University of Chicago and the Rose-Marie and Jack R. Anderson Senior Fellow at Stanford's Hoover Institution.



    Rights:
    Copyright � 2005 Dow Jones & Company, Inc. All Rights Reserved

    Related Articles:
    America Should Open Its Doors Wide to Foreign Talent
    Some Lost Jobs Never Leave Home
    Bush's Proposal for Immigration Reform Misses the Point
    Workers Falling Behind in Mexico





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  • swita
    03-25 01:41 PM
    I filed on first week of feb. My 6 yrs with recapture ends in april 2011. Is it possible to go out of country some time in june 2010 and recapture more time ?



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  • fatjoe
    10-23 03:50 PM
    My friends who filed on Aug 6, Aug 8, and Aug 13 their EAD in one week gap.





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  • nk2006
    10-02 02:07 PM
    That's a bit too sensational thread title for something that happened in 2006.
    That too he was trying to connect to the questioner and made a minor gaffe (which he is famous for). His office later said he admired the growing Indian-American community in the state of Delaware and was talking about how new families were benefiting the local economy by taking over small businesses.

    As I drive thru Delaware I do noticed the number of DunkinDonuts owned/operated by Indian Americans - which is quite good and I actually felt proud of that - its not just cool high-tech companies that help a state's economy - it includes everything, and a DunkinDonut owner is an entrepreneur as well.



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  • somegchuh
    08-22 12:41 PM
    I think you are absolutely right. Starting a business without a partnership is nearly impossible because you will be violating the H1 by working for it.

    However, if you go into a partnership, that will be like owning stocks of a company. You don't have to work for it.

    But you raise a good point about tax return scrutiny when you go for stamping. They can ask how you were making business income.

    Has anyone here run a business on H1? What are the tax implications?

    I have looked into this and talked to my lawyer. The basic consensus seems to be -- yes you can start your own business (wither alone or in partnership with someone else). But as long as you are on H1B VISA and do not have at least an EAD, you cannot actively(which means you cannot be running the day to day operations) work on your business. You can promote the business perform occasional volunteer work, but cannot be paid for this work.

    I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.

    Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).





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  • CaveMan232
    10-22 12:50 AM
    How long would this whole process take by the time 140 is approved?



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  • GCwaitforever
    06-20 03:13 PM
    The reason why EB2 India is moving so fast is because people with 2001 PDs are stuck in BECs. Once they come to apply for I-140/I-485, EB2 India PD will retrogress to 2001 again. So the progress you are watching is an illusion.





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  • serg
    07-16 05:33 PM
    Sent I-140 on October 2nd. Status showing as it's recd. Anybody's I-140 approved in that range?

    Thanks,
    GK

    Oct 16, 2006, still there, no updates



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  • santosh08872
    02-24 07:30 AM
    Hi,
    I am on H1B and applied my I485 in 06/2007 with PD of 07/2002 EB3 India. Currently my H1B is valid till 11/2009. My employer wants to revoke my H1B and continue on EAD.There is a RFE on my case and according to my employer, USCIS have asked my employer, whether they still have the position opened or not, along with my job duties etc. I am on project so job side no problem.

    Do you people see any problem revoking the H1 at this stage?

    Thanks
    Santosh





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  • Aah_GC
    08-17 06:34 PM
    Titles do matter as they are the first ones to catch the eye. To me it appears you are moving from a PM position to a tech specialist position (at least on paper) and you might have some problems there. If possible, try to request for a title with "manager" in it. If that is impossible, try to go by matching SOC code. Does your prospective employer have a legal immigration team to help out?



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  • solaris27
    10-28 11:32 AM
    Untill you have somthing written it will be very diffecult to prove in court.

    Don't waster your money in court cases its very expensives .

    Talk to any good attorny and find one which can work on % bases if you still want to go to court .



    thanks





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  • bharatmb
    07-16 02:05 PM
    Recently joined IV. The trigger for me was the July visa bulletin fiasco. I am sure that it caused a spike in activity/interest on IV, so, some good will come out of it, hopefully.

    However, we can't just put all the blame on USCIS/July bulletin fiasco, for all our woes. Getting our apps in at USCIS, will grant us some immediate benefits, but, we still might have to wait for a pretty long time, to get a GC. We also need to look at more permanent solutions through legislation, which would actually reduce the GC backlog.

    Attended the SJ rally on the 14th, the turnout was good, but, could have been much better. IMO, the impact will be limited (a one min spot on TV is better than none, but, not enough). The pressure has to come from big company CEOs pushing Congress, IV lobbying efforts, etc.





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  • sweet_jungle
    09-16 06:27 PM
    bump

    Bump

    I am a July 2 filer. I got 485 receipt notice from California Service Center with receipt date of july 2. Today, in mail, I got another notice called transfer notice, which states that my case has been transferred to Nebraska. The receipt date on the transfer notice is Sep 5. Is it nromal to have such diferent receipt dates? Will USCIS process by receipt date on receipt notice or on transfer notice?





    sam_hoosier
    05-18 01:13 PM
    I want to purchase an house in Washington DC/MD/VA. My office is close to Rockville. Please recommend the best place to buy an house based on the following criteria.

    1> Very good school district
    2> Low property tax
    3> Very low crime rate
    4> Rental value should be same as mortgage amount+insurance+PMI+property tax
    5> Property values should be in 300K range max
    6> Lot of Indians
    9> Maximum distance to DC should not exceed 30 miles
    10> Close to shopping places

    Dont look at VA - commute to MD will be killing.
    DC is expensive.
    Look at Frederick, Gaithersburg, Rockville, Bethesda in MD





    solaris27
    10-28 11:32 AM
    Untill you have somthing written it will be very diffecult to prove in court.

    Don't waster your money in court cases its very expensives .

    Talk to any good attorny and find one which can work on % bases if you still want to go to court .



    thanks