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  • getgreensoon
    03-09 09:40 AM
    Here is what I found from Murthy Forum --

    According to the AILA-NSC Liaison minutes of 04/12/2007, the following standards generally applies in determining EB-2 requirement:
    (1) U.S. master�s degree � as long as it is in the field required no additional documents would be required
    (2) 4 yr bachelor�s degree + 2 yr master�s degree (India) � with degrees in the same or related fields this will generally be considered the equivalent to a U.S. master�s degree with no additional documents required
    (3) 3 yr bachelor�s degree + 3 yr master�s degree (India) � with degrees in the same or related fields this will generally be equivalent to a U.S. master�s degree with no additional documents required
    (4) 3 yr bachelor�s degree + 1 yr postgraduate diploma + 2 yr master�s degree (India) with degrees in the same or similar field : generally be considered the equivalent of a bachelor�s degree plus one additional year of education so the beneficiary would also need to have 5 yrs progressive experience. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree it is possible that this would be considered the equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience.
    (5) 3 yr bachelor�s degree + 2 yr master�s degree (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category: However, foreign credential evaluation using the following additional evidence could make it to EB-2, Master's degree equivalent:
    Examples of comparable U.S. master�s degree programs requiring only one year to complete (indicating that a total of 5 years of undergraduate and graduate level education is sufficient); or
    Credential evaluations that provide a detailed comparison of credit hours completed by the beneficiary for the 3 year bachelor�s degree program with credit hours required by comparable U.S. bachelor�s degree programs.

    (6) 3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement
    (7) 3 yr bachelor�s degree + 2 yr master�s degree + 1 yr postgraduate diploma (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree or the 2yr master�s degree it is possible that this would be considered the
    equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience
    (8) If a master�s degree is required and the beneficiary does not have a U.S. master�s degree in the specified field of study the petitioner should be prepared to submit sufficient documentation to establish that the education that the beneficiary possesses is the equivalent to a U.S. master�s degree in the required field.
    [Matthew Oh Note: The positions of the NSC for the situations in (4), (5), (6), and (7) appear to have loosen up substantially and very flexible and accomodative. Very good news. We thank the NSC leaders for the new policy on these issues.]
    Education Requirement in Labor Certification Not Restricted to U.S. Bachelor or Foreign Equivalent Degree: Following will be acceptable for "Skilled Worker" catogory of EB-3:

    These are just guidelines from a law firm. Most of the law firms were making money in porting cases for last two years, as number of new applicants were less due to economy. That does not mean that USCIS is going to approve these cases based on number of years of education. Porting within a company is a risky deal. Even though lawers dont make it sound like a big deal, for getting new clients. The old eb3 job that was used to file the first labor needs to be filled. If you are working with a desi bodyshop, be careful. You are inviting an audit.





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  • helmet
    08-27 01:27 PM
    That you can find on your approved I140. It will be mentioned EB2 or EB3





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  • Macaca
    03-03 06:56 PM
    Greencard and H-1B expenses should be paid by the employer. Anything else is illegal.

    I have heard the above from a lawyer. I think there is lot truth in the above statement.

    However, in teaching the Univ processes H1B and most faculty pay the USCIS fees. I have written a check to USCIS for my H1B fees. Most faculty also pay their GC dues including lawyer + USCIS fees.

    I have also heard that faculty can negotiate for the Deptt to pay the H1B + GC fees.





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  • permfiling
    11-25 01:39 PM
    My 485 was apporved in July 2010 and have not recieved the card yet. I have contacted with couple of Service Request for non-delivery of permanent cards. First reply from USCIS was that my case was waiting for finger printing information from my local USICS was backlogged for appointments. So, I have told to wait for 60 days for either FP notice or physical green card. After 60 days, I have called them and another service request was created and the reply was completely irrelavant as they says my address was updated for my query about non-delivery of GC.

    Is there any other escalation request that I can made for deliveriy the GC or the FP notice? whenever I called the USICS are creating the SR and have to wait for answers like above.

    I have recieved the 485 approval notices (for both of us) on July itself but waiting for cards now. Are anyone with the same boat ? Or Is the unusual case?

    Thanks
    Rama


    Which service center is this at?



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  • Pagal
    02-25 01:05 PM
    Can you share which application this was for?

    It is Adjustment of Status (AOS) application for the I-485 that my company/lawyers filed in 2007 August.





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  • damialok
    07-11 03:20 PM
    To claim as dependents, IRS requires that you pass two tests(many more but specific to your case)

    Substantial Presence requirement, 184 days and may include previous years stay.
    Income Requirement, I dont know the actual 2006 limit for income but it has to be less than $5000-$6000

    If you can pass both then you can file but you will require a Tax Id(ITIN) from IRS prior to doing that.

    What can happen at the maximum is that you might get audited and if you use a professional tax agent then you can easily rebut these. Also the IRS's auto auditing rules are unlikely to audit individual returns if the windfall is less than a certain amount. I guess the amount would be around $2000~$3000, as the cost for attorneys,staff and other resources will not make this audit viable.

    I claimed my sister at that time on F1 about 5 years back and was successful. Your parents should be no different. The lack of communication(systematic) between IRS and USCIS is boon for us in this case. If it were truly streamlined, USCIS would have never let the 184 days be accumulated in the first place.

    On the actual amount that you can get back depends on your tax bracket. Looks like each Dependant is worth about $5k~$6k of deductions. Assuming that you are in the 30% fed tax return bracket that would amount to around, $1.5K ~$1.8K net return. You may also be eligible for state deductions if that applies in your case, which would increase the latter amount.



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  • caydee
    03-07 06:06 PM
    I urge you to ask for second opinion. From my understanding it depends how long your I-140 was pending.

    Here is a part of "The Child Status Protection Act � Memorandum Number 2" by
    Johnny N. Williams
    http://www.immigration.com/newsletter1/childprotac.pdf
    ----------------------------------------

    Yes, I will speak to an Immigration Attorney on this. And thanks again, the link was informative.





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  • HereIComeGC
    10-02 03:06 PM
    Yeah, sticking up for the Muggle-born :)

    Salary should not be drastically different, but -20-30% should not be a red flag. Can you construct a more complicated compensation agreement that would include defined compensation (salary) and your share in profits or equity of the company? On one hand, it may be a good idea overall (and will protect your friendship), on the other hand, it is a lot harder for USCIS to cause trouble if they can't clearly understand what your total compansation compared to old job would be.

    Yep - putting a "confundus charm" on compensation agreement could work. Good idea. Thank you Hermione.



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  • pmb76
    07-15 02:21 PM
    These people are worse than any bad people. They dont deserve flowers.

    chandu, I agree with you. They definitely don't deserve flowers. They deserve a pile of **** - you know what. Although I did send flowers as per IV's directive I am not Gandhian. I think Gandhian philosophy only works in movies and books. Although this is very controversial and I might invite the wrath of many on this board - but hey I am entitled to my opinion :D - Peace





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  • champu
    03-12 02:45 AM
    I asked my lawyer same question... and she said you can port from EB3 to EB2 using same labor but employer has to withdraw approved I-140 first and this is really dicey.

    Best option is to file new PERM + new I-140 and then port the PD


    if you think you can file I-485 with 2 I-140s and USCIS would let you use PD from one and Category from other. THOUGH LEGAL BUT FORGET IT.
    DO NOT DO THIS. I TRIED IT AND GOT SCREWED. USCIS DO NOT DO CROSS REFERENCE OF I-140 THOUGH THEY ARE SUPPOSE TO.



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  • Guig0
    12-30 11:11 AM
    but the detail on Soul+s work is AMAZING!:o

    Soul, you got my vote. Way to go!

    I+m glad that Dan came up with this battle idea, that way we get to see such beatifull jobs made just for fun:)





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  • go_guy123
    02-08 01:49 PM
    Thanks for posting a very relevant question, I am in a very similar situation, my labour has not yet been approved (was applied in July 09'), i think 2010 is a defining year of immigration drain.

    The EB backlog is out of control now....eventually people will realize and take the necessary
    decision of leaving US.



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  • Dipika
    04-18 11:28 AM
    Hi Guys i got this mail. I dont think i should be getting anything like this. What does it mean to you guys.

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: This case has been sent for a standard interview.

    On April 14, 2008, we transferred this case to our NATIONAL BENEFITS CENTER location to conduct the interview that is a standard part of processing this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. You will be sent a notice when the interview is scheduled, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    *Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.

    *** Please do not respond to this e-mail message.


    Don't know how CIS is processing cases. Could you provide more deatails, like it's RIR or Non RIR, When filed I-140, whether it's approved or not? When filed 485, AP/EAD status etc... Meanwhile You can call IO to know further about the update on your case.





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  • crystal
    09-25 10:16 AM
    My AP online status says mailed on Sep 11 th. I have not received them yet.
    My wife AP online status said Sep 11 th. We received them on Sep 21 st.

    What is the normal time frame for receiving AP papers?
    My wife's AP papers were mailed on 17th Sep but we are still waiting for them.
    Are they sent to applicants home or attorney's office?

    Thanks in advance.
    485_spouse



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  • vdesai_8
    03-31 11:40 AM
    Very well written letter. However If you agree here is something I feel should be updated.

    old:
    "These immigrants are waiting to showcase their innovation leadership with their U.S. work experience American education. Immigration Voice will insist that Congress focus on the Green Card backlog rather than on H-1B visas,� concluded Kapoor."


    New:
    "These immigrants are desperately waiting to showcase their innovation and leadership with their U.S. work experience and an American education. Immigration Voice would like to insist that Congress focus on resolving the Green Card backlog as an endeavor in itself, rather than confusing the issue with H-1B visas,� concluded Kapoor."


    Thanks.





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  • new_phd
    09-27 02:09 PM
    I wonder the reasons for Switzerland to be #1. Its a small country with minimal immigration and not much resources. Key revenue might be from Tourism. They are not known for scientific work etc.
    ... Maybe swiss bank accounts are key to it ! ;)

    One big plus for Switzerland: their universities and advancement in technology.

    Both ETH and EPFL in switzerland are THE TOP institutes in Europe for advanced technical degrees. Also, in the past 3-4 years, they have undertaken a huge initiative to invite the creme de la creme from around the world to switzerland, and looks like that is also paying off. Every professor/scientist/PhD I know would gladly accept a chance to go there!

    So, Im not surprised that they are number 1. They strategized.. and they got exactly where they were trying to get! Whereas here, they got stuck mixing up illegals and skilled people, addressing fencing issues instead of labor backlogs, etc etc...and lost sight of a bigger, more valuable goal.

    cheers.
    aa



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  • grinch
    05-21 10:05 AM
    Bah,
    DJ is in my battle right now too! Jesus man, I don't see how you can keep up with all of these, but anyways, great work both of you!
    Telek, it reminds me of FFIX, for some reason... I like it!





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  • stucklabor
    06-20 09:54 AM
    stucklabor,
    Thanks for your post. It's good to hear the perspective of a core member of IV like yourself. I understand your point of view but respectfully disagree with your definition of the greatest good. The greatest good will not be achieved by just passing the labor cert. stage. The greatest good is achieved once we have the GC card. Your effort on retrogression to benefit 250k & 200k is plausible. But you help them to pass one bridge, to just get stuck on the next. If there are 25k people stuck in name check at this time, imagine what will happen when the estimated 200k-250k reach that stage.
    If the 25k spent in average 3 years in the name check, what will be the wait time for that massive population that are headed that way after retrog & labor cert? The EB process is a big picture and the greatest number will not get the greatest good until all these obstacle are resolved all the way to the end.

    Sroym, you are missing the point. If it is only about 20% of the people who are stuck in name check - for whatever reason - the proportion is going to remain the same once the 250K+200K that we are talking about get to that stage. 80% of the people are NOT going to be stuck. IV has limited resources. We can't focus on all the issues all the time. It is the greatest good for the greatest number. You are focusing on greatest good. We are focusing on the whole.





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  • gg_ny
    09-20 10:30 AM
    As I am writing, I understand there are 1900 active members and 5800 members. Even if 50% of the members bring one new member each, there will be a tremendous increase. And this can be done via internet: web and emails. Set a target (50% increase?),deadline (Oct 31st?) and have weekly count of new additions displayed prominently. Democrats did that for Howard Dean's campaign and the model has been used for subsequent elections by both the parties.. There were many new members who were asking for rallies on streets. There are others who want to send flowers, 'Remember me' cards to lawmakers. A few others wanted to put up fliers in INdian and Chinese grocery stores. Even 20% of effort to carry out those activities would fetch at least one new member per old one, then the target can be achieved.

    IV core had been very voiceferous, when we needed to achieve the funding target in summer. Can they become more involved chalking out a plan to
    increase membership, if that really matters? In the membership enrollment form, if there is a field asking if some old members brought the applicant in, then we would know how many old ones really care to do something. Without personal outreach and contact, the rate of new additions will never increase.

    Each member has potentially minimum of two votes to spare 6 years from the day he or she gets GC. When presidential elections are decided by ~600 votes in a single voting district, even thousands of potential votes from IV community would appear to be a juicy carrot.

    In my work community, there are ~100 Chinese and Indian staffers. As far as I know,my Chinese colleagues, who are more in number and most are in some stage of GC, have not heard of IV or even SKIL bill. They don't need to as all of them are EB2 and hence they are retrogressed for just over an year. Among lesser numbered Indian-origin staffers, the story is the same. On my part, I can spread the word here and breath down the shoulders of some and get them in. I am working for a non-IT non-profit establishment. Just imagine, what happens if a personal quest for new members happen in an EB3-rich IT or finance sectors?

    Any suggestions for concrete plan of action? Without a plan, committment from some of us to act as catalysts and keep up the momentum this drive will not work. Bringing in at least one new member per old one is much better than rallying, sending flowers, chocalates, 'Do me a favor' cards etc.

    Are we upto this?

    Thanks everyone for being patient and supporting us. The work is happening at all ends and it is an uphill task.

    We really need to increase our membership. Higher membership will mean us looking tall when we meet lawmakers. Please all try to help us spread the word of IV to everyone you know that is stuck in retrogression. We represent at least half million people but we currently not even have 6 thousand members. Thus we have to bring lot many people into IV. I would encourage everyone to pls. register on this forum instead of being visitors.

    Pls try to help us increase our membership in your own capacity, in any way you can. This is something everyone on this forum can help us with.





    insbaby
    08-13 11:16 PM
    Dear IVans,
    Now that the SEP VB is out, what does this indicate in terms of
    - future VBs
    - visa availability in the coming months
    - awareness about visa wastage
    - dates becoming current for most EB categories
    - light at the end of tunnel for most of us
    - USCIS efficiencies

    Pls share your thoughts. Thanks!

    - future VBs : WE MUST CHECK WITH FORTUNE TELLERS
    - visa availability in the coming months: ASTROLOGY MAY HELP.
    - awareness about visa wastage: PART OF USCIS POLICY
    - dates becoming current for most EB categories: MOST OF THEM ARE CURRENT NOW
    - light at the end of tunnel for most of us: WHERE IS THE TUNNEL FOR EB3?
    - USCIS efficiencies: INCREASING STEADILY





    Prashant
    02-23 10:04 AM
    Yesterday on cnn and ofcourse on lou dobbs show there was a statement that I guess Chamber of commerce was drafting the CIR.. he was so pissed off about it .. I donno if it is possible to use IV lobbying to get our goals in CIR through Chamber of commerce.

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