bluekayal
02-10 10:37 AM
I've sent you a pm Oguinan.
Way to go!
Way to go!
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gcisadawg
04-21 10:36 AM
Sheila,
2+ 3 you are mentioning is where +3 = three year degree program like BSc / BCS/ BCom programs offered in India. Here I think we are discussing 3 year DIPLOMA program the eligiblity for which is 10th grade. After finishing this program in some universities you are waived 1st year coursework for the degree program in same field. So for regular people it is 10+2+4 to get a bachelors where as people taking the diploma route it is 10+3+3. So in this case of our friend his 10+3 is equivalent to completed only 1st year degree program. the +2 overlaps with what he has studied in +3 and the +1 in commerce will not be counted in coursework.
Anuj: What subject was your diploma was it a management diploma or engineering diploma? What was the eligiblity for the same? Was the institute reputed like does it have an entrance test? If yes do you know their acceptance rate? Might help in preparing a case
That is exactly right. 10 + 3 yr diploma will wave the first year in 4 year B.E.
In 10 + 2 + 3yr diploma, mostly 11th and 12th grade are redundant.....So, it is only equivalent to 10 + 3yr diploma....
When we were in Engineering after 10+2, we had students who joined us in second year (of a 4yr degree) after completing 10 + 3yr diploma....Our class was benefited tremendously by their practical/industrial experience.
I believe OP has a very difficult case and I dont see a way to get around this.
One thing OP can try is apply for a Masters degree in US from a decent university with his credentials. If he has an admission offer, he can then submit that to USCIS to prove his credentials. US Masters require 12+4 years.
2+ 3 you are mentioning is where +3 = three year degree program like BSc / BCS/ BCom programs offered in India. Here I think we are discussing 3 year DIPLOMA program the eligiblity for which is 10th grade. After finishing this program in some universities you are waived 1st year coursework for the degree program in same field. So for regular people it is 10+2+4 to get a bachelors where as people taking the diploma route it is 10+3+3. So in this case of our friend his 10+3 is equivalent to completed only 1st year degree program. the +2 overlaps with what he has studied in +3 and the +1 in commerce will not be counted in coursework.
Anuj: What subject was your diploma was it a management diploma or engineering diploma? What was the eligiblity for the same? Was the institute reputed like does it have an entrance test? If yes do you know their acceptance rate? Might help in preparing a case
That is exactly right. 10 + 3 yr diploma will wave the first year in 4 year B.E.
In 10 + 2 + 3yr diploma, mostly 11th and 12th grade are redundant.....So, it is only equivalent to 10 + 3yr diploma....
When we were in Engineering after 10+2, we had students who joined us in second year (of a 4yr degree) after completing 10 + 3yr diploma....Our class was benefited tremendously by their practical/industrial experience.
I believe OP has a very difficult case and I dont see a way to get around this.
One thing OP can try is apply for a Masters degree in US from a decent university with his credentials. If he has an admission offer, he can then submit that to USCIS to prove his credentials. US Masters require 12+4 years.
sai66
01-25 08:43 PM
Hi All,
I got my I-140 Approved in 2007 and I-485 applied in July Fiasco.(summary : 7 Hears H1 Completed, Substitution Labor, I-140 Approved and I-485 Applied > 180 Days).
Now I am getting a Full Time position in my client company. My Employer is saying I should not go otherwise he will revoke my I-140 and I don't know really what else can he do with my I-485 application. I really want to take that Full Time offer and apply for AC-21. But can anyone tell me that If after applying AC-21 and joining as full time in my client company(American Company) if my employer revokes I-140 or cancels I-485 what will be the effects on my GC application(I will be on EAD while joining this company).
I read somewhere that at that time I need to apply for MTR(Motion To Reopen) and I should not work until this MTR gets approved which might typically take 60 to 90 days. Is it true? Because if this is the case then I will lose my Full Time Job right because no company will not be willing to give 2-3 months off. Will my EAD and AP gets invalid at that point.
Even if my case gets denied after employer revokes I-140/I-485 then can I file for MTR and still work at the same time with out taking leave. Will the MTR be approved? I am looking at all possible solutions. If I cannot work during filing of my MTR then it doesn't make sense to take that full time offer and then my employer revokes I-140/I-485 and I will loose my status.
Since lot of folks who took Full Time offer are getting I-485 Denial notices instead of NOID so that was concerning me.
Please explain me in detail.
I got my I-140 Approved in 2007 and I-485 applied in July Fiasco.(summary : 7 Hears H1 Completed, Substitution Labor, I-140 Approved and I-485 Applied > 180 Days).
Now I am getting a Full Time position in my client company. My Employer is saying I should not go otherwise he will revoke my I-140 and I don't know really what else can he do with my I-485 application. I really want to take that Full Time offer and apply for AC-21. But can anyone tell me that If after applying AC-21 and joining as full time in my client company(American Company) if my employer revokes I-140 or cancels I-485 what will be the effects on my GC application(I will be on EAD while joining this company).
I read somewhere that at that time I need to apply for MTR(Motion To Reopen) and I should not work until this MTR gets approved which might typically take 60 to 90 days. Is it true? Because if this is the case then I will lose my Full Time Job right because no company will not be willing to give 2-3 months off. Will my EAD and AP gets invalid at that point.
Even if my case gets denied after employer revokes I-140/I-485 then can I file for MTR and still work at the same time with out taking leave. Will the MTR be approved? I am looking at all possible solutions. If I cannot work during filing of my MTR then it doesn't make sense to take that full time offer and then my employer revokes I-140/I-485 and I will loose my status.
Since lot of folks who took Full Time offer are getting I-485 Denial notices instead of NOID so that was concerning me.
Please explain me in detail.
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keshtwo
08-09 08:21 PM
Yeah! DOL & USCIS tightening screws everywhere..
more...
Berkeleybee
04-10 08:51 PM
Bee:
Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit.
I'm afraid there I may disagree with you -- it is not clear that the CFR can be amended at will, or all the time, by the agencies. Most amendments to the CFR come from "public laws" such as the amendments that came about due to AC21.
(i) This discretion of the agency thing can cut both ways. According to the GAO report, http://www.gao.gov/new.items/d0620.pdf -- see page 22
"In July 2004, USCIS published an interim rule in the Federal Register that allows it more flexibility in establishing the length of validity for Employment Authorization Documents (EAD).Previously, federal regulations required USCIS to limit the time EADs were valid to 1 year for specific types of applicants who applied for employment authorization..... Although the flexibility to set the length of EAD validity is available, USCIS is currently restricting its EAD validity periods to 1 year."
So there is a great to deal to be said for forcing the hand of an agency -- as AC21 did in enabling portability, extensions of visas etc.
(ii) Plus as a matter of practical reality -- do you imagine the moving like slow molasses USCIS/DOS/DOL are more persuadable than fire and brimstone congresspeople? :)
We can certainly toss this out at our next set of meetings, and see if our fate is better served at the hands of USCIS bureaucrats than Congress.
best,
Berkeleybee
Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit.
I'm afraid there I may disagree with you -- it is not clear that the CFR can be amended at will, or all the time, by the agencies. Most amendments to the CFR come from "public laws" such as the amendments that came about due to AC21.
(i) This discretion of the agency thing can cut both ways. According to the GAO report, http://www.gao.gov/new.items/d0620.pdf -- see page 22
"In July 2004, USCIS published an interim rule in the Federal Register that allows it more flexibility in establishing the length of validity for Employment Authorization Documents (EAD).Previously, federal regulations required USCIS to limit the time EADs were valid to 1 year for specific types of applicants who applied for employment authorization..... Although the flexibility to set the length of EAD validity is available, USCIS is currently restricting its EAD validity periods to 1 year."
So there is a great to deal to be said for forcing the hand of an agency -- as AC21 did in enabling portability, extensions of visas etc.
(ii) Plus as a matter of practical reality -- do you imagine the moving like slow molasses USCIS/DOS/DOL are more persuadable than fire and brimstone congresspeople? :)
We can certainly toss this out at our next set of meetings, and see if our fate is better served at the hands of USCIS bureaucrats than Congress.
best,
Berkeleybee
smaram1
09-04 09:49 AM
E filed : July 1 2008
FP : Aug 28 2008
CPO : Sep 3 2008
FP : Aug 28 2008
CPO : Sep 3 2008
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whoever
04-14 11:31 AM
who are "other workers" category? i mean who qualify to be an "other worker"?
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akhilmahajan
08-31 07:40 PM
We have been calling and talking to ppl all over new england area.
But we have hardly been able to get a convincing number of ppl to attend the rally.
Have you watched the bus thread for New England Area. 26 votes, can you believe that.
We definitely need to get more innovative. I dont know what ppl want, so they can be motivated.
Sometimes i think being educated is a curse, as ppl become more scared and are fine adapting to the system.
Look at the ILLEGALS at least they came out openly. They dared to come forward and i am sure they will be rewarded sooner.
LEGAL ppl who have nothing to fear are then also they are more scared to do anything. So this is the right time for me to express my opinion LEGALS ARE FOOLS.
Please dont be mad at me, i am just frustuated with ppl responses, but one thing for sure, i will keep on motivating ppl in whichever way i can do.
But we have hardly been able to get a convincing number of ppl to attend the rally.
Have you watched the bus thread for New England Area. 26 votes, can you believe that.
We definitely need to get more innovative. I dont know what ppl want, so they can be motivated.
Sometimes i think being educated is a curse, as ppl become more scared and are fine adapting to the system.
Look at the ILLEGALS at least they came out openly. They dared to come forward and i am sure they will be rewarded sooner.
LEGAL ppl who have nothing to fear are then also they are more scared to do anything. So this is the right time for me to express my opinion LEGALS ARE FOOLS.
Please dont be mad at me, i am just frustuated with ppl responses, but one thing for sure, i will keep on motivating ppl in whichever way i can do.
more...
Radhika
07-02 04:00 PM
Medical $350
copies $50
photos $36
Attorney Fee $1000
Parents paid for BC and Affidsvits $60
postal charges $45
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copies $50
photos $36
Attorney Fee $1000
Parents paid for BC and Affidsvits $60
postal charges $45
Cancled home country visit
hair That#39;s right, in her one-sided
pd_recapturing
03-27 12:26 PM
Thanks Sanbaj, Please share the info if you get to hear anything from USCIS on this?
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ujjvalkoul
07-27 02:53 PM
From their tone, I can tell the were trying hard to be helpful.
But, no receipt for me yet. July 2nd filer here as well.
Should I keep another set of 485 application ready, just in case if I don't hear about check cashing or receipt till august 15th ?
Is there any harm in filing the 485 again (just to be safe).... IF I don't get any indication of action on july2nd app ?
This is paranoa!!!!!!!! STOP already
But, no receipt for me yet. July 2nd filer here as well.
Should I keep another set of 485 application ready, just in case if I don't hear about check cashing or receipt till august 15th ?
Is there any harm in filing the 485 again (just to be safe).... IF I don't get any indication of action on july2nd app ?
This is paranoa!!!!!!!! STOP already
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sameer2730
11-03 09:25 AM
EB2 likes visa bulletin predictions.
EB3 does not.
That explains the green or red in my opinion.
I hope once DOS decides to change the spillover and give the extra visas to Eb3 (whoever ROW , India....). The ensuing discussions from from the self glorified EB2 crowd here would make for an entertaining reading. I would like to see how much they enjoy the predictions after that.
EB3 does not.
That explains the green or red in my opinion.
I hope once DOS decides to change the spillover and give the extra visas to Eb3 (whoever ROW , India....). The ensuing discussions from from the self glorified EB2 crowd here would make for an entertaining reading. I would like to see how much they enjoy the predictions after that.
more...
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Almond
02-28 11:05 PM
HAHA too funny how this thread backfired. This is what happens when you don't read off it enough before you post in order to get a feel of the "personalities" on here.
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desighee
07-25 04:47 PM
Take a chill pill.
GC is an american dream and like any american dream it is just a dream that remains a dream for most of the ordinary people.Even if you get a gc it wouldn't make u a millionare.
Instead think about starting some good business and forever get out the clutches of the "law of ordinary people" which states that if you are a reqular person u'll continue to be so in any society untill you die and will find some way to make your life miserable.Hence if not GC tomorrow u'll complain about money and later missing India etc etc
GC is an american dream and like any american dream it is just a dream that remains a dream for most of the ordinary people.Even if you get a gc it wouldn't make u a millionare.
Instead think about starting some good business and forever get out the clutches of the "law of ordinary people" which states that if you are a reqular person u'll continue to be so in any society untill you die and will find some way to make your life miserable.Hence if not GC tomorrow u'll complain about money and later missing India etc etc
more...
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dummgelauft
01-25 03:09 PM
So their punishment is getting to live on an island in the south pacific? Sounds more like a reward... :D
the keyword is "Un-Inhabited"..
the keyword is "Un-Inhabited"..
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loudoggs
10-11 04:30 PM
Yeah that sucks. I have a 2004 PD as well but was lucky to get out of PBEC in Jan 2007 and was able to apply for 485 in July.
I feel for people like you who have older PDs (2001 to 2004) and missed the July-Aug window.
It is unfair that some people with recent PDs (even 2007 PDs) got to apply for 485.
Hope something works out for all old timers.
Same situation here too. My husband came to this country in 1999. Filed for greencard in 2004. Labor was sent to philly BEC and it got cleared in September 2007 so we too missed the window too. Not sure what to do
I feel for people like you who have older PDs (2001 to 2004) and missed the July-Aug window.
It is unfair that some people with recent PDs (even 2007 PDs) got to apply for 485.
Hope something works out for all old timers.
Same situation here too. My husband came to this country in 1999. Filed for greencard in 2004. Labor was sent to philly BEC and it got cleared in September 2007 so we too missed the window too. Not sure what to do
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pappu
04-24 04:58 PM
I think, getting my visa re-stamped has become the most inhuman experience. I received my visa renewal I-797 in January 2008 and since I was visiting India in Feb 2008, I decided to get the remaining period (2 years) of my H1B visa stamped. I was not expecting any trouble since I had received my 2nd visa stamp just last year in March 2007. I thought it was impossible for the visa officer's to not have my information since I have been through the drill two times before. Unfortunately, on the Feb 11th, when I went to get my passport stamped, the Visa Officer started giving out blue handouts (this one is not even listed on the New Delhi embassy website) one after the other and sure enough to me too. She wanted to know what I did (Quality Engineer in a biotech company) and even while I was explaining she started chit chatting and laughing with her superior (I assume). Then she wanted to know about my experience of over 4 years in just three words. I was completely shocked. How could I sum up my experience in 3 words. I gave her my answer but was bluntly told to take the blue handout and send the questionnaire and resume as listed to a given email ID. I did that the next day, having no idea what I was getting into. It has been over 2 and a half months now and till date I have no idea what exactly is my fault and what is happening with my visa. The visa officer kept my and my wife's passports and I-797 form and around march 11th asked for my i-129 and other documents which I promptly gave at the embassy. Every time i have called the embassy or the DOS, I get the same response that the application is pending security check and no more details can be given. They refuse to understand that I have a life and home there and i have to pay my bills. I have lived in US for 8 years now and have also completed my master's there. Every month I have to call the utility companies, insurance company, post office and phone company to know what my bills are and have to pay them. Every two months I have to spend close to Rs 1800 to fedex checks to my friends so that they can pay my rent. I have had to cancel my flight tickets and suffered losses there. I have not even filed my tax returns for the year. My life is thrown completely out of gear and i have no idea how i will pay my rent and bills if my company decides to put me on unpaid leave or just terminates my employment. The consulates refuse to issue even a visitor visa so that we can go to US and dispose off our properties. How inhuman and arrogant can the get? How could we possibly become criminals overnight? How can they expect our employer's to retain us after such long delays (so guys have been stuck for 8 or more months)? Aren't they forcing unemployment unjustly on us without any reason if they cannot find anything wrong with our background later? What national security secrets act is preventing the phone visa specialists from disclosing exactly where we are in the process and what is stopping the progress? There are so many questions that need answers and all of us feel helpless as we continue to witness DOS destroy our credibility, careers, our credit history...almost everything that we have worked so hard to earn. How can they expect to build bridges with the world when they are hurting unjustly so many people (29 pages worth of numbers at delhi website and some 59 pages worth of numbers at the chennai website and God knows how many on other consulates worldwide. I have heard people spending some $5000 every month in Canada. This is horrible and some community organizations and law firms must talk to the DOS/Whitehouse about this issue. National Security is must but there must be better way than playing with the future of so many innocent people (99% most likely of which will have acceptable backgrounds).
Pls contact IV.
Pls contact IV.
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sathweb
01-20 01:11 PM
Sept 21, 2001 still going strong.
Check the details above.
Check the details above.
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plassey
08-23 03:17 PM
My apologies to all, I guess I am just having a bad day!:(
sparky_jones
07-02 04:07 PM
Medicals : $450 (self + spouse)
Photographs: $25
Affidavits: $20
Printing/Copying/Faxing: $30
FedEx: $60
Lawyer's Fee: $2,700
Total: $ 3,285
Of course, plenty of time, effort and anxiety. May all the USCIS and DOS people responsible for this debacle rot in hell. Amen!
Photographs: $25
Affidavits: $20
Printing/Copying/Faxing: $30
FedEx: $60
Lawyer's Fee: $2,700
Total: $ 3,285
Of course, plenty of time, effort and anxiety. May all the USCIS and DOS people responsible for this debacle rot in hell. Amen!
raysaikat
04-10 12:32 AM
So either they hire and pay and make their responsibility to find job or don't file for H1b's
USDream2dust
That is already the law. But this law has been proved to be virtually impossible to enforce. The only practical solution is to deny H1-B's to consulting firms (at least for the positions that require the employee to work at the client location).
USDream2dust
That is already the law. But this law has been proved to be virtually impossible to enforce. The only practical solution is to deny H1-B's to consulting firms (at least for the positions that require the employee to work at the client location).