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    • knnmbd
    03-28 09:10 AM
    The Advance degree + 3 years of experience on H1B are not just a matter of fact formulation from the senators. It�s an effort to revert back to the 60�s through 80�s formula where the only way to immigrate to the US (at least for Engineers) was to pursue a master�s degree in the US and then adjust their status to a PR. There is a growing demand from academic institutions to revive this culture. America wants people to study here, specialize in evolving technologies and drive the technological innovation. Every day we see posts on this forum of folks wanting to include laws and regulations to fix the situation that they are in. We need to have a unified front with a common goal. May be we should learn from the �less educated� Latino community. They probably do not have the internet media to rally support but boy did they have their voice heard with ONE COMMON AGENDA.




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    • yabadaba
    05-25 08:21 AM
    SA 4114. Mr. GREGG (for himself, Ms. CANTWELL, Mr. ALEXANDER, and Mr. BOND) submitted an amendment intended to be proposed by him to the bill S. 2611, to provide comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:


    On page 345, between lines 5 and 6, insert the following:

    (e) Worldwide Level of Immigrants With Advanced Degrees.--Section 201 (8 U.S.C. 1151) is amended--

    (1) in subsection (a)(3), by inserting ``and immigrants with advanced degrees'' after ``diversity immigrants''; and

    (2) by amending subsection (e) to read as follows:

    ``(e) Worldwide Level of Diversity Immigrants and Immigrants With Advanced Degrees.--

    ``(1) DIVERSITY IMMIGRANTS.--The worldwide level of diversity immigrants described in section 203(c)(1) is equal to 18,333 for each fiscal year.

    ``(2) IMMIGRANTS WITH ADVANCED DEGREES.--The worldwide level of immigrants with advanced degrees described in section 203(c)(2) is equal to 36,667 for each fiscal year.''.

    (f) Immigrants With Advanced Degrees.--Section 203 (8 U.S.C. 1153(c)) is amended--

    (1) in subsection (c)--

    (A) in paragraph (1), by striking ``paragraph (2), aliens subject to the worldwide level specified in section 201(e)'' and inserting ``paragraphs (2) and (3), aliens subject to the worldwide level specified in section 201(e)(1)'';

    (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;

    (C) by inserting after paragraph (1) the following:

    ``(2) ALIENS WHO HOLD AN ADVANCED DEGREE IN SCIENCE, MATHEMATICS, TECHNOLOGY, OR ENGINEERING.--

    ``(A) IN GENERAL.--Qualified immigrants who hold a master's or doctorate degree in the life sciences, the physical sciences, mathematics, technology, or engineering from an accredited university in the United States, or an equivalent foreign degree, shall be allotted visas each fiscal year in a number not to exceed the worldwide level specified in section 201(e)(2).

    ``(B) ECONOMIC CONSIDERATIONS.--Beginning on the date which is 1 year after the date of the enactment of this paragraph, the Secretary of State, in consultation with the Secretary of Commerce and the Secretary of Labor, and after notice and public hearing, shall determine which of the degrees described in subparagraph (A) will provide immigrants with the knowledge and skills that are most needed to meet anticipated workforce needs and protect the economic security of the United States.'';

    (D) in paragraph (3), as redesignated, by striking ``this subsection'' each place it appears and inserting ``paragraph (1)''; and

    (E) by amending paragraph (4), as redesignated, to read as follows:

    ``(4) MAINTENANCE OF INFORMATION.--

    ``(A) DIVERSITY IMMIGRANTS.--The Secretary of State shall maintain information on the age, occupation, education level, and other relevant characteristics of immigrants issued visas under paragraph (1).

    ``(B) IMMIGRANTS WITH ADVANCED DEGREES.--The Secretary of State shall maintain information on the age, degree (including field of study), occupation, work experience, and other relevant characteristics of immigrants issued visas under paragraph (2).''; and

    (2) in subsection (e)--

    (A) in paragraph (2), by striking ``(c)'' and inserting ``(c)(1)'';

    (B) by redesignating paragraph (3) as paragraph (4); and

    (C) by inserting after paragraph (2) the following:

    ``(3) Immigrant visas made available under subsection (c)(2) shall be issued as follows:

    ``(A) If the Secretary of State has not made a determination under subsection (c)(2)(B), immigrant visas shall be issued in a strictly random order established by the Secretary for the fiscal year involved.

    ``(B) If the Secretary of State has made a determination under subsection (c)(2)(B) and the number of eligible qualified immigrants who have a degree selected under such subsection and apply for an immigrant visa described in subsection (c)(2) is greater than the worldwide level specified in section 201(e)(2), the Secretary shall issue immigrant visas only to such immigrants and in a strictly random order established by the Secretary for the fiscal year involved.

    ``(C) If the Secretary of State has made a determination under subsection (c)(2)(B) and the number of eligible qualified immigrants who have degrees selected under such subsection and apply for an immigrant visa described in subsection (c)(2) is not greater than the worldwide level specified in section 201(e)(2), the Secretary shall--

    ``(i) issue immigrant visas to eligible qualified immigrants with degrees selected in subsection (c)(2)(B); and

    ``(ii) issue any immigrant visas remaining thereafter to other eligible qualified immigrants with degrees described in subsection

    [Page: S4975](c)(2)(A) in a strictly random order established by the Secretary for the fiscal year involved.''.
    (g) Effective Date.--The amendments made by subsections (e) and (f) shall take effect on October 1, 2006.




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    • LC2002
    04-14 11:00 AM
    Conguratulations...do you consider to donate anything to IV...

    Thanks, sure.




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    • emmNemm
    12-11 05:13 PM
    Thanks enqueued, maddipati1,lskreddy, va_dude, vin13 for the valuable information. I really appreciate it.


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    • invincibleasian
    03-02 02:05 PM
    H-1 option exists no doubt. But the number of places one can apply and the concomitant increase in the chances of getting a residency increases with the option of EAD!

    What with the UK docs coming to the US...I know for a fact that competition has increased

    A bird in hand is worth two in the bush! So stop cribbing and make use of what you have rather than wallowing in self pity for what you dont!




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    • randlesl
    November 23rd, 2004, 10:22 PM
    Thanks everyone... setting the ISO higher helped my problem.
    I-140 processing times NON Premium [Archive] - Immigration Voice
    Log in

    View Full Version : I-140 processing times NON Premium



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    • mzafar125
    11-01 09:47 AM
    Hi all,

    Need your help and experience in this!

    I received an RFE for my EAD and AP a few days ago. This has to do with me not registering myself during the NSEERS Special Registration. They want to know why i did not register for the NSEERS.

    I visited an attorney around March 2003 regarding the Special Registration and was adviced that I dont have to register because my last entry to the U.S. was in January 2003. That was when return for school after going back home for my Christmas holiday. I have been an F-1 student since September 1998.

    Reading the NSEERS requirement (http://www.ice.gov/doclib/pi/specialregistration/Call_In_Group4.pdf), my interpretation is that i should be exempted since my last entry to the U.S. is AFTER September 30, 2002. Is my interpretation right or wrong?

    Please advice.

    Thanks!

    I also got a RFE based on NSEER registration. When I came into the US I was registered at JFK airport in NY sometime in 2002. When I went for special registration I was told that I was already registered and told to go back home. The RFE is asking me for photocopies of I-94 form, FIN number, arrival and departure stamps and passport size pictures. I was just going to send them this information but maybe I should run this by my lawyer. Please let me know if you have any additional information.
    Thanks!




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    • dilvahabilyeha
    08-09 01:50 PM
    As Per my knowledge it is not nessesary that all approved I140's will have a A#.

    Senior members please correct me if i am wrong. Also i would appreciate if you can explain what is the criteria to get a A# in case of approved I140.

    Regards.


    I don't think so, all the approved 140 Should have A# (alien reg number). Not sure where you attained your knowledge about all 140 will have A#, but couldn't think that's possible because 140 is where your identity is critical and giving a number at that time is more appropiate than the later stages. I'm not an expert on this subject but trying to use my common sense , which is highly relative though it's common ;)


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    • windycloud
    07-10 10:05 AM
    It's great that someone started this topic. I've been facing the same discrimination for the past month. A government agency would not recognize my I-797 for H-1B as valid document to prove my legal status. At the same time someone else got approved because he has a H-1B visa stamp in the passport.

    Is there something saying that I-797 is a valid and sufficient proof for I-9 and failure to recognize it is discrimination?

    Thanks!!!




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    • cooldudesfo
    09-11 04:19 PM
    http://www.murthy.com/news/n_begbis.html


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    • snram4
    08-04 06:26 AM
    SA 4319 is not being considered so far. It is not quoted anywhere except IV website. Because CIR is ruled out for 2010 any pro or anti immigrant bill will not be considered most likely. This is just fear that SA 4319 will be attached to any other bill. The chance of passing this bill is 1% without CIR. But with CIR there is 80% chance of attaching with CIR.

    I received the same email too.What a pity.....




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    • tomCT
    03-28 08:53 AM
    I think this would be an easy and effective ammendment request. The USCIS considers BS + 5years equivalent to Masters(advanced degree).

    As per Spectors/Frists bills, the Advanced Degree holders with 3 years exp in related field will have no numerical limts. First of all, can we interpret advanced degree as (BS + 5 years) ?

    If not, is it possible to request these senotors to add that? It would be easy to add compared to requesting them of removing the country quota.

    I belive most of the EB3 candidates have 5 years of experience. tHE REST OF THEM MAY BE ATLEAST 3 + YEARS EXPERIENCE WHICH THEY MAY THEN NEED TO WAIT ONLY 2 OR 3 YEARS TO REACH THAT 5 YR MARK).

    The advanced degree is already interpreted by DOL as BS + 5 years.
    Its interpreted by USCIS as BS + 2 years.

    I request the IV to clarify this and request Spector/Frists to add this. There may be some reason for them removing that section 5. But adding a BS + 5yr interpretation to advanced degree wouldn't be an issue for them.


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    • quizzer
    01-08 02:03 PM
    As far as i know PF is controlled by the central government, TCS will not have any say in you withdrawing your money. Generally there is an upto 15% match from the company in your account, and that is yours the moment it is deposited in your account. You should not have any problems withdrawing your money. Your money is yours. Some companies deposit PF monies quarterly, small companies deposit it annually, in those cases you might be screwed if you company did not deposit the money in your account.

    thanks for the response.

    Iam also looking for somebody who has managed to withdraw from TCS PF..similar to my case




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    • overseas
    08-25 10:11 PM
    wizkid732,

    My case is in background check a.k.a extended review. I tried all the means without any success. Infopass, Ombudsman and senator told me that there is no time limit for these kind of cases. Few unlucky cases gets stuck in this and yes the wait will be very painful if you wait. Best thing is followup every 3 months or so and only think about it on the day or two you followed up.

    On the other hand I heard about about few cases where USCIS has told that the application is in extended review but issued the card within a month or so. So I think sometimes they just say that to reduce the enquires temporarily and I hope yours is one of those cases.


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    • pankaj_singal
    08-20 07:41 PM
    any particular reason for pd pre 1/1/2006? i know coulple of folks who have this criteria.


    Looks like we are the only three so far..




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    • anilsal
    11-06 10:55 PM
    Hi,

    We are in a critical situation. My wife's AP was approved on 10/18 and the current status is "Document Mailed on 11/05". It also says "You should receive the document within 30 days".


    Give it 3-4 days to reach either u or the lawyer.

    I also encourage you to get registered with the local state chapter. :)
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52


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    • husker
    09-30 12:11 PM
    :confused:
    All,
    Just curious to know how will a FP notice help. If you get an FP notice how useful is that, its just one process. Or am I missing something. I did receive ASC notice from TCS, I think its moved from NSC to TSC (not really following what is going on, lawyer not giving information). Should I be happy?! I have not received any AP or EAD notice.




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    • eldrick
    07-31 05:27 PM
    Do you think it would be better if I would file another I-485 on my own? Sorry guys, I'm a little bit confused and worried right now. Thanks for your patience and help.




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    • Singer
    10-22 01:12 PM
    I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card

    On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.

    When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!

    We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.

    In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.

    The AAO decision granted me all that was in their power to give.

    1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.

    2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.

    3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.

    4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.

    5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".

    6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"

    7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.

    So the AAO�s office sent back my file to the Nebraska Service Center.
    Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
    They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�

    That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.

    Remember that in May 2009 they have said that the green cards would be sent�
    We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)

    October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
    Another ridiculous thing.
    1-I am the petitioner, not my husband.
    2-They should adjudicate my case first, not my husband�s!
    3-my case is still pending no decision made on it�

    At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.

    I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa

    Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.

    Please somebody in this forum answers me. What should I do? Please help!

    Thank you.

    Singer




    leo2606
    08-19 06:17 PM
    You can print them from the following location.

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    danu2007
    07-17 05:15 PM
    The DOS bulletin update under section D as if nothing has happened and they say "Visa Bulletin #108 (dated July 2) is hereby withdrawn."..in a very simple way...

    Thanks again for all the IV support....Great news...

    So what will happen to already filed applications?
    They didn't say that they will accept application till August..May be it will come in another press release..


    Posted by bmhvjhkm at 10:32 PM

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