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  • jsb
    08-07 10:48 AM
    ...
    Bottom line:
    If Job opening is for Software Engineer with BS with 2 y experience, it will go with EB3 no matter you have MS and 10 year experience.
    ....

    Yes, that is perfectly correct. If an employer needed somebody with BS and 2 yrs exeperience, and no US person applied. You (with a BS and 2 yrs experience) applied. Employer filed your I-140, which is approved. Now you wait for 4 years, and in the meantime you get your MS. Technically, you are now overqualified for the position, and employer may decide even not to consider you any more (leave alone upgrading to EB2). Note that entire process is for future employment after you get your GC, until then if you are working, you are working as a guest worker.





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  • Green.Tech
    09-14 03:05 PM
    I don't think EAD/H1b should matter for the loan application, but all these depends on loan agent and bank policy. I took loan from Bankofamerica without any problem.

    PMI Vs 20% down payment, this is tough decision. If you want to play safe game till you get GC 5% down paymnet is better. In case if you have enough savings and planning to stay in that house for long time not it's not a wise decision to pay PMI.

    :)

    Thanks gveerab. I am not too sure but may be the bank adds on a few points to the APR if one is on EAD/H-1 and is putting down 5% or so.

    I don't understand the "play safe" argument for PMI (unless of course if crap hits the fan, you just abandon your house and take off)? If you live in it (even for 2 years only) and then sell it, why not stilla avoid the PMI?





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  • kumarc123
    08-18 04:12 PM
    Except the native Americans all are "Anchor Immigrants" who became citizens later. The guys in Number USA are also from the same family tree. So let us just do not pay attention to all these b***s*** and waste our time.

    I concur with you 100%, they are just trying to instigate IV and other members to make a wrong move. People in U.S forget that everyone is an immigrant and this country is a land of immigrants. This really informs us about the people, their education system and finally the implementation of the knowledge gained from that education.

    Modern way of thinking is not about ipods, laptops and Hd dvd players, but it about thinking from a broader perspective and changing your thinking over time.



    Thanks





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  • unitednations
    08-16 01:36 PM
    I personally think that 6 month rule-of-thumb is nonsense.

    AC21 clearly states you can switch employers 6 months after your green card application has been pending. On what legal basis could USCIS then come back and deny citizenship to anyone for switching employers too soon after getting their green card?

    I'd really be interested to hear if someone has specific knowledge of a case where someone had their citizenship denied due to switching companies too soon after getting their green card.

    I'm just curious as to how many postings you see on these boards where a persons case has been denied; DOL/USCIS has visited their home; their visa got cancelled by consultate when h-4 went for stamping; got caught in interview lying; DOL investigating companies, etc...

    People do not post these types of issues on immigration forums.



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  • smisachu
    09-22 10:37 PM
    Hi gsc999.. It was nice talking to you in DC..

    The reason I suggested sending in our credentials is beacuse the key in reverse brain drain is also "brain" along with "drain".
    If we send in copies of our credentials (respectfully, in a nice package ) along with a stopper it will show them what they are going to loose.

    Even to hard core right wingers it will show them that even if they neglect the human factor (caused by the in ordinately long delays) they cannot neglect the intellectual factor..

    ---
    Thanks for your message.

    The issue at hand is not to "prove" if you are educationally qualified rather long delays in legal employment based immigration. So sending copies of degree certificates may not convey our message.

    Stopper is a good idea because it weaves two ideas very effectively:
    - Stop American jobs from off-shoring : use a stopper
    - Stop reverse brain "drain" from America to keep America competitive : use stopper

    This concept of reverse brain drain is well documented by the recent Kauffman foundation study http://www.kauffman.org/items.cfm?itemID=906
    where they mention that 100K high skilled immigrants have left US to go back to India, China and other countries.





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  • Macaca
    04-16 01:52 PM
    1 para from Big money creates a new capital city (http://blog.washingtonpost.com/citizen-k-street/chapters/conclusion/index.html?hpid=topnews)

    So the rich have gotten richer, the weak weaker? "I refuse to argue the obvious. ... It's just true, largely because they have less representation. You look at the movements out there, there is no anti-hunger movement, there is no committee on the Hill looking into poverty."



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  • unseenguy
    07-04 11:17 PM
    You are correct. The rules must have changed recently. I wonder what made them make that change, Now children of US citizens (who were once Indian citizens) have an advantage over children who has both parents as Indian citizens. Weird.. isn't it?

    I don't think that the rules are unfair. If both parents are Indian citizens, then the child is eligible for primary citizenship of India. Hence how can he be allowed to take OCI when he infact can get primary citizenship? Also the rules are created with rules for all countries in mind not just USA and also they are intended to protect those who lived in India, paid taxes in India and these rules are to protect interests of children born in India.

    I live in US with my wife, we dont have any kids and yes I am in race for GC. But I also know a few couples who applied for US passport for their kids, went back to India, got their kids educated at Indian Citizen's fee schedule in general quota and then sent their kids to US back with citizenship of US.

    So..... didnt this put Indian kids born in India at disadvantage?





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  • valuablehurdle
    09-06 11:34 AM
    Just for ALKPD....


    I donot think I deserve $180/hr.... Right now I make $85K plus a 10% bonus.

    You are missing the point. I do NOT think I am SPECIAL. I have an MBA from a US reputed Univ. plus 5 years of experience... I do assessment of their existing IT systems and give recommendations.

    My logic is differrent.. This is valid for US born people too. WHY would a company pay $180 an hour to a consulting Co. for the same skill-sets.... however, when you go to them directly they will just pay you $60-$70.



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  • superdoc
    09-19 03:23 PM
    Here is my dilemma--

    MY INFO---
    Occupation -- Physician
    EB2, INDIA, PD APR 2006, EAD renewed till sept 2010, H1 valid till feb 2010 (non-profit company), I-140 approved, I-485 filed July 2007

    I have a very good job offer and I really want to get out of my present job. They expexct me to start work next year in about apr 2008-- The new job is not in my present state but I am freaked out about using AC 21 for following reasons:

    -New company has no clue about H1 and they cannot file H1 any way because they are "for profit" and my h1 is presently from non profit and the QUOTA is now over. My occupation still remains same -(I am a physician ---no way to change occupation -- still have to do same job !)

    -New company can only give me a generic letter for employment (EVL) ---
    "To whomsoever ---etc..it may concern..and only briefly describing my title and job description"

    --- My questions to respected IV members

    1) should I invoke Ac 21 ??-- I am worried that the EVL may not meet USCIS needs as it may not be fully detailed

    2) The other option I have is to take a leave of absence from my present company for one year and start working for the new company? IN this case what happens if I get RFE for EVL ? Which company should I say I am working for present or the future ? Also If I do take a leave of absence should I send in AC 21 paperwork or no?

    PLEASE HELP I am very confused--- I strongly feel that the leave of absence might be an insurance policy but I don't know how to approach it !!





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  • sparklinks
    07-20 02:40 PM
    I just call USCIS , she told me to wait until Aug 2nd week to get receipt# or to see chased checks.



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  • salshaik
    03-24 08:46 PM
    KrishGreen and others,

    I understand from the posts that some of you got i-140 and other perm labor documents. Would it be fine to write on g-639 as mentioned below to get I-140 and other perm related documents

    Request for a copy of approved i-140, petition of i-140 and perm labor documents.

    Could you be more specific or elaborate what to mention on the g-639 form under #4 which says Identify the documents records , or information you are seeking?

    Please validate and this would greatly help to others. The only reason I am asking is I am not sure what documents can be requested such as perm labor can be requested or not. Your help greatly appreciated.

    Thanks,
    SS





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  • pappu
    01-22 11:12 AM
    I felt there were too many fields to fill in. It might help if we can take out some fields. Like RFE etc.

    in the current system it is not mandatory to fill out all the fields. if you want to leave out RFE, you can do so.

    We felt that some people want to track RFEs and see how it affects the overall progress of the case. Even though we do not have such calculation, I think it would be worthwhile to have an analysis done on that. It would help people know when an RFE is generated how far their case is pushed back. RFE information will also help people in the same boat and they can make such people as buddies and monitor each others cases and contact each other to figure out what is going on or how the RFE was replied.



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  • wahwah
    09-14 04:35 PM
    here's my explanation why i think retrogression will get worse -

    1) USCIS still has not entered all the july and aug. filers. USCIS will have a good idea by Oct or Nov. how many applications are in the pipeline, how many they can approve and what the PD cut off date needs to be?

    2) with the number of applications that were filed this it is obvious that ROW will see retrogression in both EB2 and EB3 categories.


    And, would you mind explaining why would ROW get affected? If they were current all along, all the ROW candidates must have already filed, even before july fiasco, right? So, just exactly how do they get affected?

    Sorry for the outburst, but I sometimes get tired of people just throwing out speculations :eek: as if they are stating facts. So, back up your statement with logic.





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  • siravi
    10-11 07:15 PM
    .



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  • indianabacklog
    10-24 09:47 AM
    [QUOTE

    ---------------------------------------

    Indaianabacklog --- Why the he** dont you understand you are born in the damn country with Billion people? But if you are not, then yes its a surprise. But how are you ROW?
    And also from my experience --- You got to keep poking the USCIS authorities for them to wake up and take your application to process.

    QUOTE]

    I do know where I come from, I am from the UK. My screen name is Indiana as in the state where I live. I also know my own priority date. Since my PD only became current in May that was the earliest I could apply so my processing time is not unusual. The ones who are getting approved within three months are the unusual cases.





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  • lacrossegc
    07-20 06:03 PM
    Whenever an attempt to increase visa numbers is made a budget point of order can usually be made. So, you will need 60 votes to amend the law.

    "Before every one starts to bash Hillary : this is what someone on IV posted regarding Senate floor Amendment 2339... and now it sort of makes sense:"

    Not really. Senators voted against this because they opposed the underlying amendment. The Democratic opposition stems from the facts that the amendment proposed to re-capture from all categories and then re-distribute accordingly to a Republican preference. For instance EB-3, numbers re-captured didn't all go to EB-3. The amendment gave 61,000 to Schedule A and then re-distributed the rest equally.

    A much fairer, simpler and permanent solution is to simply rollover the unused numbers to next years numbers.



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  • kevin08
    03-26 03:23 PM
    "Retrogression" is the word for the rest of the year for EB3 (I). Learn it, Leave it (eat it, sleep it, drink it - whichever way you want it).

    How about Dec. 2000 EB3-I for incoming bulletin? Then "Retrogression at will" as we move forward for the rest of the year. Now don't ask me how because anything is possible with (fill in the blanks).





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  • hunkuncontrolled
    04-02 01:32 PM
    Best answer I have seen in a long time.:D

    Probably you were busy with your GC and someone else was doing what your balls should do..





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  • kshitijnt
    05-01 09:48 PM
    For those of you who qualify, HSMP , I think is a much better option. There in UK the permanent residence is not dependent on employer and you can do your own consulting. Typical bill rates are 350 to 600 GBP per day based on skill level and years of experience.





    sanju_dba
    09-15 11:32 AM
    I am not sure any one one of the people who made the above posts have their GC......... I would actually agree with mihird.

    if you plan your life, you can overcome most obstacles, not having the GC included. it is folks who do not plan long term that are in trouble
    Have it... and
    -> Solid confidence of generating Income by...
    -> jumping jobs if you dont like it / payraise,
    or you got fired inspite of planning.
    -> A side/primeline business if you need a career switch.
    -> Buy house and dont get forced to sell house when u loose H1 job
    -> Have "NO H1" job options in the list
    -> Have your spouse eligible to work
    -> Reap more entertainment...
    -> No restrictions on International travel due to visa-
    revalidation,renewals fear. Dont giveup for your closeones lifetime
    events, attend n involve in it.
    -> Now you have confiedence, so buy GOOD,BIG house and have luxury
    time with it, kids room , entertainment room,pool , gym etc.,you
    wont get this when u r in apt-living-dueto-h1-job-loss-fear.
    -> Now with better house you may have short commute to your job , a
    big PLUS.
    -> Or if you are a moving person, then move around the nation every
    year with new jobs and enjoy the world.

    -- lots to say...





    Legal
    06-12 02:00 PM
    This is my thought process (also referred by Ron G):


    July 2007 brought in approximately 500K 485 cases.

    We do not know how many cases were pending as of June 2007.

    Fiscal year 2007-2008 USCIS used over 140K EB VISA numbers (I think it was around 155K).
    Fiscal year 2008-2009 USCIS will use atleast 140K EB VISA numbers

    so, 500K - 300K = 200K.

    Assuming USICS approval rate is 85%; 75K of 500K are denied.

    200K - 75K = 125K EB cases pending from the July 2007 cases.

    Additions: from all current categories - may be 25 K in 2 years?

    So, 150 K plus whatever that was pending as of June 2007.

    So next fiscal year, 2009 if USCIS uses the quota 140 K, most or all of the 2007 filings will be cleared. If not EB3 I, definitely EB2 I and C, EB3 ROW will be cleared.

    Depending on new filings, EB3 I might retrogress but retrogression might come within 3-4 years instead of current 8 years.

    I strongly believe, beginning Jan 2010, dates for EB2 (I and C) will move forward heaps and bounds followed by EB3 ROW.

    "Law is an ass".

    One potential loophole (I realize it could be wishful thinking on our part) is how the current law is interpreted. Let's say USCIS interprets the current law in such way that preadjudcated cases have to be approved before taking in new cases, then the country cap hurdle could be overcome without legislation.

    With the current economic situation, tightening of PERM, etc new EB-2 row applications are likely to slow down further. At the most, new approvals will have to be delayed by 12 months or less.

    Could it be legally challenged? Could someone bring a lawsuit to force USCIS to stop issuing GCs to people who have been waiting 10+ yrs or more? possible. I doubt anyone can force them to cancel the already issued GCs.

    Then USCIS could say they have enough preadjudicated cases, and are not able to adjudicate until they clear the backlog.;)

    For the politicians and USCIS this is a much better way to handle India EB backlog than to "issue several hudred thousands of foreign laborers immigrant visas when American citizens are losing jobs in millions" through recapture bill.

    I feel like I just wrote a short story.:)

    Members, feel free to comment.



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