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  • superdoc
    09-20 02:37 PM
    If LOA can stop the old employer from revoking I-140, I would say, go for it. But just make sure you don't land into any other trouble (like non-competent etc. just an example, may not be relevant in your case, but you get the idea...).
    Also, discuss with the new employer and make sure they are ok with supporting you in case of an RFE. From your response, looks like they might know what it is. What I can think of is, consult an attorney and discuss what kinda RFEs you can get that needs employer help (mostly EVL, ability to pay), prepare a sample response letter for both and check with the new employer they are ok with providing them if necessary.

    DISCLAIMER: I am not an Attorney and this is not a legal advice
    the new company has no clue about visa/h1/gc issues. they have never hired a "brown" guy and they do not even know that i am on ead..even if i told them they wouldn't know wht to make of it..so the only letters i can get will be generic letters stating my occupation and salary with a very brief description of duties. i know someone said loa is not a good idea but i think it just gives me a back up.

    thanks evryonr for responses..





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  • pappu
    04-12 10:27 PM
    Thanks smmakani and Gravitation





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  • transpass
    02-23 12:12 PM
    Research has shown over and over again that "talent, mental capacity, innovation and learning abilities are distributed evenly among different races and ethnic people..."

    So there is no dearth of talent in south asia or any part of the world when compared to US or west. It's just that there is a difference in harnessing that talent...

    Look at this way...You might like indian classical, but you might not appreciate western opera...That does not mean that western opera is not upto standards, or vice versa...AR Rahman's music is exceptional...no doubt about that...Because of the way movie makers want in India, it is geared towards indian market...It would be suicidal for indian movie makers if they ignore that...

    Moreover, until recently, there was no separation between movies and music...Music is pretty much wedded to movies and vice versa...Whereas in the west, music is a separate entity and an industry of it's own...If you have a separate entity like that, it is easier to put your skills in a variety of ways and therefore easier to showcase your talent and easier for others to spot the talent...

    Also, in India, movie industry is more paternal of nature...Barring few exceptions, irrespective of talent, some actor/musician, etc. get the roles because his/her family is tied to the industry...(Although it's slowly changing now)...Because of this, you might not get the best talent even though it's out there. Ofcourse, in the west also, you might see the same here and there, but IMO, it's more prevalent in indian cinema...

    Lastly, spotting talent greatly depends on the director. In India, we hardly have exceptional directors...Also, I suspect the directors in India are given as much freehand as we hear in the west. If I remember correctly, it was said that it was an accident that AR got the chance in the movies by accident...I think ramgopal (/or maniratnam) (when he was yet to make name for himself) wanted ilayraja to score his movie way back, and was told that he was busy...Stung by it, the director brought AR and from there, the rest was history...

    But nonetheless, better late than never and AR achieved it in a big way by winning two in a night...





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  • Lasantha
    08-22 02:21 PM
    My understanding was that once the 485 is filed, you go by RD. It doesn't matter what your PD is...

    Does anyone know what the legislation is?

    I don't think so. Your PD is still relevent. Only those people whose PD is current will get their GCs no matter what the RD is.



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  • gc_chahiye
    09-20 02:00 AM
    i just read on another forum, that about 70,000 visa's come up for the new fiscal year which starts 1st october, so it might take a couple of months to see any movement, but it will happen, as they have got to wait and see and get a better feel for how many filers there were for july/augest, as they havent processed them all yet, then we will see something happen. so lets wait and see what the Nov bullitin says, and if the rally had any kind of effect.

    140K visas come up for the new fiscal, not 70k. Those 140k are somewhat evenly split (20-30% each) across teh four quarters (its not an exact science, but thats the order in which USCIS requests visas from Dept of state). So the number of visa numbers used up in october is going to be much lesser than 70K, probably around 10-12k.

    The backlogs are right now way too extensive to result in any major movement of PD with current quotas. If dates move in November, they are only expected to creep along... I hope I am wrong, but thats what it looks like

    The effect of the Rally is not going to be on the visa bulletin; it is on legislators who need to now come up with some way to ease these huge waits (either recapture visa numbers or bump up the annual cap or both). unless congress wakes up to this and does something, we are in for a long wait.

    ==============================================
    EDIT: Whoever gave me a -ve rep for this post, care to explain why?
    ==============================================





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  • roseball
    02-11 05:21 PM
    Even if the Labor cert says "Masters" then as long as you had BS + 5 years experience before you filed for labor, to qualify for EB2, this should be ok.

    This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.

    Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.

    Now coming back to the OPs case, I observe the following from the information posted so far:

    - Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
    - USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
    - Sponsoring employer revoked approved I-140
    - USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
    - USCIS denied the pending I-485 based on incorrect I-140 approval

    If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.



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  • thomachan72
    12-31 10:31 AM
    Hi Thomachan thanks for the good advice but just curious; Do you really practice what you preach??:confused:





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  • cendra
    10-11 09:37 AM
    Thank you Jimi_Hendrix and ilwaiting!

    Your info was very helpful :)



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  • villamonte6100
    11-20 08:46 AM
    I visited the PA DMV yesterday to renew my driving licence based on my pending I-485. With all the valid documents like EAD, I-485, SSN card, I-94 etc. They refused to renew it saying that they have a new pilot program implemented called SAVE and need to get clearence from that, it will take upto 30 days. Anybody else gone throgh this proces?? Day by day more hurdles to pass...what a life, why dont they keep their systems uptodate or provide some temp permit as long as their check is pending. I am frustated with all this GC process, name check, DL SAVE system check etc..Why dont they implement just one check and give approval to everything.. atleast make it less time consuming.

    Anythoght from anybody? anybody else went through this SAVE (Systematic Allien Verification for Entitlement) program, or am I the only one??

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=71cf58f91f08e010VgnVCM1000000ecd190aRCR D&vgnextchannel=71919c7755cb9010VgnVCM10000045f3d6a1 ____


    Yes, 4 of my frineds in Colorado went through the same process called the "SAVED". I was the one who started this thread to find out if other states have already started using SAVE and it seems other states are reluctant to use it.

    Ironically, the DMV in Colorado got sued last week regarding this new process because US citizens were badly affected by this. Please read the article below.

    http://www.denverpost.com/search/ci_4674598

    My wife's DL will expire on 02/07 but because of this new process, we decided to visit our local DMV here.

    They renewed her license with just the new 797 and passport as the requirement. I don't know if the law suit has got something to do with the change.

    My other friends are still waiting to be cleared by SAVE and couldn't drive.

    Goodluck.





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  • frostrated
    10-01 11:52 PM
    To best of my knowledge, at least one parent must have US citizenship to get OCI ( the rules were different earlier - may be 3-4 years back ).

    Here is the san francisco Indian consulate OCI V/s PIO card link:

    http://www.cgisf.org/oc/oci-chart.pdf

    Consulate website : http://www.cgisf.org/

    PIO Info : Consular Info (http://www.cgisf.org/pio/pioservices.html)
    OCI Info : Overseas Citizenship of India Menu (http://www.cgisf.org/oc/index.html)

    As for registering with police ( with PIO card ) every 6 months, i am not sure.
    Some of my friends say one needs to send a letter to some regional dsp office.

    Anybody has more info ( i mean the families with us citizen kid who moved
    back to India and staying there with PIO card ? ) ?
    My kid was in India for more than 6 months. We took him to the comissioner's office and registered him. You need to take a couple of passport photos, the PIO card, and the foreign passport. They will issue you a letter that states that the child is allowed to stay beyond six months. The letter that we got is valid for two years. We were told that if the child stays beyond the date of the validity date in the letter, then to come and get a new letter. The whole process took about two hours. BTW, this was in Hyderabad.



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  • luckysiri
    04-15 02:30 PM
    Sorry to hear your situation. Please let me know right now which state you are? i have some options to tell you. I am from Massachusetts.





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  • sargon
    08-24 03:53 PM
    A lot of people seem to be saying this. It seems e-filing AP usually triggers a new FP notice. If this true then it will certainly delay things. We would be better off filing AP by paper.

    What does everybody say?


    I don't know if this question has been asked before. Is there a benefit for filing AP by paper rather then electronically. I filed EAD by paper to TCS and got the "Card Production Ordered" email yesterday (in 14 days) for myself and my wife. My friends who efiled just received finger printing appointment notification and no receipts. Is there same benefit with AP? Please calrify.



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  • gc_maine2
    04-26 09:32 AM
    Great Job WP and Core Team!!!!. Now the Non _contributing members who are still doutbing the IV Org, should come forward open up their wallets, everybit counts please cotribute, I will be sending my 3rd contribution.





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  • gk_2000
    04-21 03:21 PM
    To OP: Why didn't you add your parents to your GC application as your dependents? Check if you can do so now..?



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  • sunny1000
    10-11 11:18 AM
    Are you kidding us? I do not know what level of education you have achieved so far in your life but it looks like you are not enough educated to differentiate between the definitions of permanent residency, citizenship and perhaps working on work visa as far as legal stay in USA by outsider is concerned.

    What would be the "legal" reply from US Supreme court,if you ask US supreme court that whether citizen of other country can call US president a "My president"? . And What would be the "legal" reply from Supreme court of country A,if you ask that whether citizen of country A can call US president a "his/her president"?

    USA expects someone to abide by the land of the law while s/he come to US to work legally. And what is expected legally is one is not involved in "Anti USA" activity whatsoever it may be.USA legally never expects citizen of other country "to love" or "show fidelity" towards USA when s/he is still the citizen of other country.

    PavanV is right in his argument, in a sense, that when some person is citizen of country A at this moment his/her fidelity naturally must be for his/her country A. This is the legally expected human behaviour in every society and country. It would have been perfectly o.k. and "legal" about rsharma's statement if he would have already been US citizen at the time when he stated what he stated.

    Such ridiculous, unnatural, premature, unethical and spineless behaviour can only be shown by the people who are already morally sold.

    First of all when somebody comes here in USA on work visa, s/he has come on invitation from USA base legal employer's willingness and is ethically, legally and morally obligated to provide professional class and quality of work for what s/he is hired. Nothing more or less is legally expected by USA and employment system within USA. USA and its whole society is well aware that these persons are citizen of other countries and so they never expects any kind of fidelity from them at least "legally" and at the same time they even do not grant the rights what US citizen nornmally have. Now out of that bunch many people prefer to go for permanent residency as permanent residency bring little bit stability in living and flexibility in employment and international travel. If one becomes a permanent resident of USA then also USA still only expects that person abide by the law of the land and do not involve in "anti USA" activity. It still does not expect "fidelity" towards USA in legal sense.There is no legal or social or political or any kind of pressure from USA or any governmental or non governmental institutes within USA on any particular person coming from other country to become its citizen. One can stay on permanent residency forever till death(At least based on current prevalent law) and legally work and s/he does not have to become a citizen for working legally. And I do not know about other countries but in India it is not considered "illegal" and/or "unpatriotic" to go in other country(Except Pakistan and Bangladesh) for legal work so coming to USA for legal work whether on work visa or becoming a permanent resident in USA while maintaining Indian citizenship simultaneously is not unpatriotic or illegal. Simultaneously USA's legal system allows an Indian to remain as citizen of India while residing in USA permanently for legal work.

    Now if somebody decides to become a US citizen, there is nothing wrong in that. I do not see anything wrong when rsharma states that "I have decided to become US citizen in future". But if he is mature and human enough then his fidelity at this moment should be towards India (Assuming he is a citizen of India currently) as he is a citizen of India at this moment. Showing this kind of behaviour perhaps may not be a outright unpatriotic in terms of "Indianness" but it certanily signals probable but strong disloyality towards India.

    And I do not think that USA citizens are that naive that they consider the people "not mingled" if citizen of other country do not call USA president a "My president" while holding the citizenship of other country.

    If calling US president a "My President" by non citizens would be the barometer of "mixing" / "mingling" then USA would not be today's USA. So please do not kid USA and us .

    Who's is kidding whom? I am educated enough to spot a hypocrite like you. It does not take education or the knowledge of law but some common sense to think about these things, which you don't have. Also, a hypocrital bully like you does not have any morality or ethics anyways. Look yourself in the mirror before you call names or judge somebody. I don't need a lecture from a person like you, especially on the law or the meaning of citizenship, which I am quite aware. So, just keep rambling about your useless crap.





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  • greencard_fever
    10-03 10:19 PM
    This is indeed a gloomy and (in my view credible) story. The only thing possibly that can help us within the current laws, is the visa overflow from EB1 and EB2 ROW.

    Lets hope for the rest. The Nov. Visa bulletin will be confirmatory.

    You are right...



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  • Goodintentions
    04-20 12:06 PM
    So you think we can only Plead? I agree.

    What special do we have to offer that makes us important than CIR?

    Ask yourself

    Votes: no
    Contribution: no
    How many of our employers are pleading for us?
    How many citizens are pleading for us?

    If you say we are paing taxes so we should get greencard. That does not make sense. We are using roads, hospitals, infrastucture of this country and we pay taxes as long we live here.

    If you say we invent new things, start Google etc then these people qualify for EB1 and it is always current.

    If you say we have USA masters then we can apply in EB2. EB2 will get current next year or its wait time is going to decrease and will be 2 years max. So 2 years or less is a reasonable processing time within a 6 year H1B processing time.

    I am playing devils advocate here and trying to tell you to think beyond pleading. We did not come to this country to plead. Once you start thinking negative there are many negatives as I have written above and you will go in depression.

    Who is stopping you from Meeting lawmakers? Have you done that?
    Who is stopping you from contacting media? Have you done that?
    Who is stopping you from contacting your CEO of the company and ask for help? Have you done that.
    Who is stopping you from contacting organizations of Indian American citizens and ask for help?
    Who is stopping you to do rallies everymonth on weekend in every state. Why are we not doing it if we are so depressed with Greencard.
    Who is stopping you from contributing to IV?
    Who is stopping us from doing lobby days in DC once every month?

    Why can't we do. I have tried to do at least one item in this list. If we all at least pick one item, it will be enough.
    ==========

    Thanks for your comments. Constructive debates are good!

    From my side, I have done a little bit - contacting law makers, sending letters, contributing / collecting amounts from friends for advocacy...

    I work for a large corporation and did talk to them seiorusly. They expressed their sympathy :) :) :) Nothing more !!!

    Unfortunately we do not have unity and most people have either resigned themselves to their fate or expect others to work for them.

    I humbly disagree with your opinion on EB2 becoming current. I think it will take 10 - 12 years to cross 2007. I do not wish for it, but that is the reality [assuming a vey high % age of porting (everyone eligible has a right to port, I am not questioning that)]

    It is unfortunate that we do not the money or vote power. Like it or not, we have to follow the beaten track of "Prayer and Petition". Non US Citizen kids have to pay International college fees even if their parents have paid local taxes for 10 years. That is pathetic! I know people who had to separate from their families and send their familes to India as they could not afford paying International tuition fees which is about $ 45000.00 per annum.This solely affects Indians / Chinese. This literally makes you an outcast just because you do not hold a GC! Just think of some of the hardships people are facing.

    If people from EU were to be back logged like Indians / Chinese, things would have been different!

    I stand corrrected if I am wrong!

    May the SUPREME POWER bless the EB2 / EB3 folks waiting ....for their GCs!!!





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  • cbadari99
    05-13 04:05 PM
    As I see, most of you are missing the point. Instead of trying to understand, you showing the maturity of mind. The whole purpose of EB immigration is to meet the Demand(Job opportunities) vs the supply(immediately available candidates).
    When there are a lot of opportunities exists for EB3 level(skilled profession) and less opportunities exists for EB1(Ph.D/Executive Director), USCIS should give more no. of Visas to EB3, then EB1.
    A country cannot be built with only the kings, and not even a home can be built with only Ph.Ds(Nobody do the dishes).

    Unfortunately, Americans will claim that there are lot of Americans who can build homes and therefore no immigrants are needed to do that. They are less willing to do PhD so there is a demand for immigrants.





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  • masala dosa
    03-27 02:37 PM
    Wow PCS, your case is great example!!!
    I vote for PCS





    WeShallOvercome
    11-07 05:27 PM
    Thanks but were you able to trade in Indian shares using that account after you came to USA ? I heard it's illegal to trade using the normal demat account in you are NRI from USA.

    Yes I did do quite a bit of trading, sometimes on phone from here...It all stopped when they suspended my account for lack of PAN information.





    svr_76
    04-07 02:29 PM
    They will retrogress all categories for India/China to 2001, so everyone will have to wait. Eventually people will fedup and leave the country (this solves half of their problem). For others they will keep issueing RFE for the next 5/10 years and enforcing stricter followup on AC-21 so people wont be able to leave their jobs and get promoted.

    So who will want to continue working at programmer in their mid50s. Imp question is will there be a job for such candidate...and so they will move back.

    Optimistic or Pessimistic ...any guess in this Guess the movement game is worthless.