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  • tonyHK12
    05-06 01:10 PM
    What we are talking here is whether One holding 3 yr bachelors Degree from India be eligible to apply under EB-2 category after completing Masters Degree from an accredited university.

    If the PERM Job description says " Masters Degree"

    The cheapest place to get a masters is still in India. The IGNOU MCA costs $1000 in India, and they plan to let you take exams in the future in the US. Or maybe you could do everything online and just visit to take the exam.
    MKU, another well known online university has a US branch. I heard an MS is less than $2000.
    Both these are generally recognized in the US





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  • alterego
    10-04 12:10 PM
    I agree that the current political climate is so screwed up that, they are not doing anything except in a reactionary way. Part of it is a lack of visionary leadership, "W" has hardly been able to unite the country behind much legislation. The Congressmen have been too entrenched in political gamesmanship and more interested in political survival than the broader national interest. Nothing illustrated this more than the recent bailout legislation. Noone liked it but clearly there was no other option either. The lack of conviction in the way congress approached it however means, they spent 840 billion (instead of 700) and even that seems too little too late. And it might even end up being the first of many more bailouts. Sometimes you indeed can be too late to help out and drag it out more than necessary. Much is all about perception and confidence. Finally, vocal special interests who have selfishness and ideology at heart have no doubt contributed to this toxic mess, and elected officials seem less and less able to divorce themselves of their undue influence (it was not always that way in this country).
    The one saving grace is that an election is in the offing. Honestly it will be a breath of fresh air, no matter who is elected. Someone can then project some leadership and actually get something done. This last 4 yr term has been especially useless in terms of getting anything at all done, not just on the immigration front but any front at all.





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  • desi3933
    06-24 09:37 PM
    desi3933 is right.

    - While on a H1 or a L1 visa, one is expected to maintain a continous period of employment. If one is on a H1 visa and does not get paid, that individual automatically falls "out of status".
    - It does not matter if the person has other seemingly valid visa stamps on his/her passport.
    - The only highly-skilled dual intent visas that allow one to work, are the H1 and the L1, as far as I am aware of. Dependent visas do not allow one to work, such as H4 or L2. The only way one can work while being a dependent is if one has an EAD based on a pending AOS(I-485).
    - If one is on a H1/L1 and wants to switch to say a dependent visa (H4 or L2), one has to submit a change of status form (I-539?). The person is assumed to be in "authorized status" until the change of status (or even an extension) occurs. If the COS or extension gets denied, the person is retroactively "out of status" from the original date of expiration on the previous visa.
    This is correct ONLY if person is maintaining status at the time of application. If the person is out of status then filing change of status petition does not put him/her in status.

    - Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
    - Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
    3/10 year ban applies to unlawful presence only and NOT for out of status. If I-94 date is passed, only then person starts accumulating unlawful presence. There is a BIG distinction between unlawful presence and out of status.

    Also see the last paragraph on Rajiv's website here: http://www.immigration.com/faq/status.html

    Under the current system, unfortunately, there is limited employee protection or even whistle-blowing, so seek a competent attorney's advice right away.

    - Remember, the affected individual(in this case your wife) has a lot to lose if she leaves the US(ie cross the official border), even to visit Canada. Competent attorneys can help arrange for waivers from typically the home consulate(ie consulate in home country). Consulates in third countries do not entertain applicants for visa stamping or visa renewals if they have not maintained status

    This is an issue ONLY if I-94 date is passed. Out of Status is not an issue for visa stamping (The key thing here is I-94 date).

    - If the home consulate approves the said individual's visa renewal or new visa stamping, that individual can enter the US, however, there is lack of clarity on whether such a person will be finally able to "adjust status" to become a lawful permanent resident.

    This is a SERIOUS matter requiring legal competent advice.
    email me at "sertasheep at immigrationvoice dot org" if you have any followup questions.

    NOTE: Immigration Voice does not purport this to be legal advice, and you are strongly advised to seek legal opinion. Employers, as a rule, must not ask for payment in any shape or form to produce paystubs. Immigration Voice always advocates abiding by the law, no matter how archaic they may be. As the applicant, the burden is on the individual to maintain status. Please do your research

    SertaSheep -

    See my comments in Blue above. There is a BIG distinction between unlawful presence and out of status.

    The best way to get back into status is to re-enter in USA with the proper visa (h4/l2) visa stamp.

    The I-485 can be denied if the person is out of status > 180 days (since last entry in USA) at the time of filing.

    Paying employer for generating "pay stubs" can land one in deep trouble. PLEASE consult a good attorney before paying for pay stubs.

    There are actions "missed" by Employers. But, that is beyond the scope of current discussion.

    I will be writing a detailed note on how to handle out of status issues.

    desi3933 at gmail.com

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002





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  • villamonte6100
    11-02 05:36 PM
    This proceed will change. Sorry for my incorrect line.



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  • dhesha
    01-13 04:12 PM
    It appears that you are cracking a joke, but I cannot stop from replying to your post. Why are you asking God to save IV? For the things we cannot do or for the things we dcon't understand, why do we always have to bring in 'God' in the picture? Can't we even crack a joke without brining in God?

    I am just trying to prevent world war III on these forums. Thats why my request for not referring "God'. We will all be much more happier funnier and peaceful if we try not to bring in 'God' in the mix.

    Next thing you will see, someone will post - "God, when will the VB dates move for my category".


    .


    Oh God, when my day will come.... :D





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  • Humhongekamyab
    01-15 02:54 PM
    You don't need guns my friend. You need Roses!!!;)

    I'll take your advice plus a gun. How about Guns and Roses :D



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  • chi_shark
    06-03 11:28 AM
    roy beck of numbersusa just said on the hearing that if 424 were to pass, his organization will feel better if 3 greencards from other categories are reduced for every greencard newly given out under 424... man... he should !@#!%#@$%@!@#$!@$$@#^#%^%^&&* *(!@#$@!$.





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  • go_guy123
    07-30 02:59 PM
    That may be the unofficial version. Officially you can apply even you haven't worked or studied in Canada if you qualify as a skilled worker with a year of experience. You get extra points for having a job offer from a Canadian employer but not having one does not disqualify you automatically. I'm not talking about getting the GC. I'm just talking about the application process. Some kind of processing is needed even to reject an application and I do not think USCIS is capable of handling the increased traffic that switching to a point based system would result in.

    No its official. From Feb 2008 federal skilled worker class is restricted to people with 1 year Canada work or student experience or 38 occupations only.



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  • beautifulMind
    03-17 10:30 AM
    I had a misdemenor and went to india. My case was dismissed while I was in india. I returned on AP at the newark airport and nothing was even mentioned about it..infact AP is considered the safest way to travel even safer than h1b because you are technically not admitted to US but are "admissible"..There is a difference





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  • camarasa
    07-20 05:38 PM
    Guys
    Don't worry about this bill being rejected. I am pretty sure one way or the other they need to increase the EB visa number soon, else definetely USCIS will be in big trouble with thousands of applications sitting there for them, now having said that USCIS will find a way to get some bill which will have EB visa count increased passed in congress, so untill then cheer up and complete your filing.:) :) :)

    Or they will find a way to make to make it more difficult to qualify...



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  • mihird
    09-15 12:11 PM
    Like the other guy you said, I have an equity of 200,000 in one house and 50,000 in other house. I still don't have green card. I have around 300,000 in
    401k and 150,000 in brokerage accounts. My net worth is around 800k, most of my money is in this country. If I want to continue my lifestyle, I need my GC, that will secure my right to live in this country. AFter 9 years of tax paying and law abiding life, I think i have a right to live in this country, but with this stupid laws don't know when i will get my GC.

    That is exactly the reason why I purchased my 3rd house (additional $125000 in equity) overseas in my home country. So that I don't have to live with the feeling of having all my eggs in this country.

    For now, it servers the purpose of giving me that secure feeling of not having all eggs here. Later on, it can become a retirement house.

    Again, its all about planning...





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  • hindichinibhaibhai
    03-29 12:37 AM
    Guys MY PD is feb 2008. I am recently watching vias bulletins. I am in EB2.
    Based on my watching previous visa bulletions ( after sep 2008) I dont see that it makes major difference if you file in EB3 or EB2.
    Both are backloged very much and sincearly I dont hope inspite on being in EB2, I will get EAD or GC till 2015.

    What are your thoughts, is it worth filing in EB2?
    Of course, it is worth it. Go with EB-2 and don't lose hope.

    I ended-up in EB3 due to a mistake made by the lawyer back in 2001-2. Of course, we fired the lawyer, when we realized this. I wish I'd switched myself to EB-2 back then. I just didn't know of the possibility until recently, thanks to IV.



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  • mallu
    09-06 10:04 PM
    That IO must be a knucklehead who just hates "Specific type of people" or someone who does know the f** he is doing. I have entered using AP at Boston. San fran, Seattle and never had problems. Only once they asked me for EAD/a valid H1 petition and that was just a question.

    Amen. There might be some Anti-immigrant nut cases among them.





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  • nogc_noproblem
    11-08 12:11 PM
    Well said BharatPremi, I enjoyed reading this.

    The people who wants to be a part of American Society should first definately be a very open minded towards all cultures and social trends.
    Other thing to be Indian or representing Indian traditions is not a crime but certainly every time barking against anything Indian may certainly be a crime as it is a clear indication of closed door or prejudicial mind towards one particular country and culture. Americans do not mind if one shows that he is Indian now and want to become in American future. Although they prefer that AND that is why they label Jindal as Indian-American although he born in USA. If there are majority Indians on IV board, it is not a crime but it is obvious. Some of my chienese friends on IV board may start thread for wishing chienese festival, I bet most Indians on this board will welcome and same goes with Muslim friends on IV board. Starting and wishing EID MUBARAK thread (By the way that is also a Indian tradition..And I am proud of that too) is not a crime and by now if nobody started it does not mean other people may not welcome it. If you are a Muslim, start the thread for EID Mubarak, I will be the first to welcome that step. You want to be American,, right? Then first start learning open mind and start respecting the culture of majority IV memebers first. If you would not start that now how will you settle yourself in cultural pot of the world?

    If you are an Indian citizen right now take control over your inferiority complex and get over it because if you do not respect your culture or your tradition what guaranty would be there for Americans that you would respect American traditions in future. Even Americans are not fool. And how dare you pretend that people form China and other countries just stop supporting IV as they just see few threads celebrating Indian culture? So stop this bullshit now otherwise I may have to request moderators to ban you.

    By the way Happy Diwali to you and your family.



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  • starscream
    05-26 04:33 PM
    especially the reasons you gave as to why this bill is interesting...this bill does not scream employment based immigration but as I see it it does have has employment based visa provisions along with much wider and extensive family based gc provisions ..also there is no mention of temporaray visas / temp workers with tis bill..no mention of legalizing illegals to legal ....it is focussed exclusively on reducing waiting time for GCs for folks who are in the queue with more emphasis on family based

    Salient features of Bill: S.1085

    After analyzing this bill, I found the following:

    1. This bill will recapture all those unused employment based visas (gcs) from 1997 till 2008 and it will add those recaptured visas to this year's employment based quota.

    2. After the passage of this bill, any unused visas will rollover to the next year. So, no more wastage of visas as we go forward.

    3. Per country limit will be increased from 7% to 10%, so more folks from over subscribed countries would be able to come under the normal yearly quota.

    4. We will be able to avail the benefits of the recapture after 60 days of the passage of the bill. That means, if they are able to recapture 220,000 (approx) employment based visas, the employment based category will be able to use all those after 60 days of the passage of this bill. USCIS is pre-adjudicating all I485s pending and if this bill gets passed in say for eg by October 30, almost all (80%) in this community (who filed 485) would be able get their GCs in Jan and Feb of 2010.


    What makes this bill much more interesting is:

    1. This is not a bill targetting the issues of Employment based category - So there won't be a huge backlash against this in the name of the economy and recession. The provisions for the employment category are just one item in this bill.

    2. Family based immigration reform has a wider range of support from all kinds of groups unlike Employment based immigration reform. Just search for this bill "Reuniting Families Act" in google news and you can identify all those organizations supporting this bill (they all have a news release).

    Complete Text of this Bill:
    http://thomas.loc.gov/cgi-bin/query/z?c111:S.1085:





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  • reachinus
    08-11 05:23 AM
    If you see the post 3205 which was posted at 6:35pm in EB2-EB3 Predictions (Rather Calculations), it says the same date as in the bullletine.



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  • srkamath
    09-05 03:25 PM
    Recently I returned after a one month trip to India. At DC airport the CBP secondary inspection officer grilled us rough. First he called my wife and asked why did we leave US. She told that since my parents are old and not in good health we visited them. Then he started asking for documents proving it. And told us that without documents he won't let us enter. He went on to say that AP is only on humanitarian basis and unless CBP officer is satisfied with proof they cannot allow AP holder to enter. Finally after convincing him for another 30 min he let us in.
    This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.

    Sorry to hear your story dude. You just met a jerk of a law enforcement official - they are in the minority. Most CBP officers are better than this. Several years ago i too met a jerk like this in an airport in the southeast. I was entering on H1-B, he kept saying that my employer (a reputed american company) was disloyal etc... as he was processing our paperwork. First he grilled my wife, then he started with me, i just responded to him with a disgusted facial expression.. answered his questions rather curtly when asked, did not respond to his rants. His rants were not framed as a question - so i don't have to answer it. All this lasted a total of 5 to 6 minutes as he was checking and stamping our passports.

    BTW, not seeing your family for several years is a "humanitarian" cause. Technically the AP is supposed to be used as a travel permit for difficult situations, but most good Americans know that not seeing family for years is a good enough reason. There are jerks everywhere and type A's, thankfully they are not in the majority.





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  • chanduv23
    09-22 04:57 PM
    A very horrible psychopath who has proven himself to be a loser all his life has given me a red with the following " hehehehehhehehehehh" words for my above post.

    My message to whoever gave me a red - u r such a loser.


    Invoking AC21 is easy, but you need to know what you can expect and how to resolve it

    (1) If you decided to change to new employer using EAD - there is nothing you need to do. Just join and work.
    (2) As employer is asking what they need to do - tell them they need to provide an AC21 letter of support - you can find various formats on the web.
    (3) Your new job must be in same or similar category.
    (4) Call customer service to verify your address on file - also hire a personal attorney and make sure they file g 28 and have them on file too for USCIS communication
    (5) Your AC21 letter may/may not reach your file depending on the service center, officer and a lot of other factors.
    (6) Usually most AC21 cases go through just fine unless your ex employer requests a revoke on i 140 - in such a situation you may get an RFE, NOID or a straight denial on 485 - nothing to worry about - you can resolve all these and you will find yourself back on track.

    Hope this helps





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  • syzygy
    06-15 07:34 PM
    This confirms unless we get major reform for addressing backlog, all this idea of making 485 current is eyewash and nothing but trap for exorting money out of legal immigrants every year to pay for USCIS funding.

    Immigration Agency Mired In Inefficiency (http://immigrationvoice.org/forum/showpost.php?p=72776&postcount=1208) By Spencer S. Hsu (http://projects.washingtonpost.com/staff/email/spencer+s.+hsu/) Washington Post Staff Writer, May 28, 2007





    nozerd
    04-17 08:11 AM
    Yes but in Canada you will breathe clean air and drink clean water. You will have electricity 24 hrs a day and water 24 hrs a day. You wont find trash on the street and you wont be considered second class citizen if you arent SC/ST/OBC due to reservations. You woint have to give "donations" to get your kid admitted to Class 1. You wont face a system where a simple court case drags to 50 yrs or a case where doctor will not treat if before police does a "Panchnama" if you had an accident. You wont have to bribe everyone from minucipality to police to start a business.


    Canada is already worse than India (atleast for IT sector). Hard to find jobs. Salaries are 75-80% of corresponding US jobs. And Candian $ is also cheaper (though catching up with USD).





    sidbee
    02-15 10:17 AM
    http://www.computerworld.com/action/article.do?command=viewArticleBasic&taxonomyName=Outsourcing&articleId=9127943&taxonomyId=72&pageNumber=1

    Now that Desi consultant companies are under scanner, i hope employees working for them get their long overdue justice.

    H1B has become synonym for visa abuse bcoz of these moron's. I hope the system comesout clean.


    I really wish all the desi companies,who get people from India,and put them on bench to find a project ,be banned. They screwed H1B, and in turn all the deserving H1B candidates.