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  • Look below the URL. If they are doing it. It is legal. But If some one is denied entry, they can also challenge the decision. Consultants especially will need to use proper/legal answers.

    http://www.golishlaw.com/statutes/ina212.htm

    (5) Labor certification and qualifications for certain immigrants.-

    (A) Labor certification.-

    (i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-

    (I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and

    (II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.

    (ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-

    (I) is a member of the teaching profession, or

    (II) has exceptional ability in the sciences or the arts.





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  • Visa Bulletin for August 2010 (http://www.travel.state.gov/visa/bulletin/bulletin_5092.html)





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  • It is very important that we point this out to Lawmakers/public when they begin drafting the CIR.

    Big question:

    Why not put a country cap on the CIR for all undocumented?
    What are the reasons for not doing that?

    Lawmakers give a rationale of diversity as the reason for country caps. Why is the reason for diversity not relevant for undocumented? I am sure there are undocumented from all countries and not just one country?





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  • My layoff was much less traumatizing at the instant.

    I was in India on vacation and one fine day I check my work email to see an email that I was let go a day earlier with 2 weeks of severance.

    Luckily I had my AP with me which is what I used to return back instead of the H1. Needless to add my entire remainder of the vacation was ruined in between obsessing about how to come back (try using the H1 even though laid off or use the AP and face secondary inspections) and applying to new jobs.

    Well I am back now and looking everywhere. Hopefully something should click soon.

    All the best guys!





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  • The problem with this guy is he has got his GC and now he doesn't want anybody to have it. Basically he enjoys when people are having of pain. That's the reason he doesn't want any progress in PD's. Dude, if you don't like if people are talking about positve things such as "PD becomes Current" then my humble request to you is just stay-out of any converstations.


    See here this guy is also saying the same thing what my lawyer has predicted.
    http://immigration-information.com/forums/showthread.php?p=28881#post28881



    >> Once they (USCIS) reached last quarter then they(DOS) will make EB2-I/C current and distribute those spill-over visas across EB.

    Thanks MDix.

    You have no idea. Have a good day, sir!

    ______________________
    US citizen of Indian origin





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  • there a plan to meet/call NJ senators





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  • legally speakn, there is a commonly term used "bad faith".. this is where DOS/USCIS falls in right now. Read the document, the y did not break any law, what they did was in "Bad Faith" ,. Cant make it clearer than this...

    You have the prove 2 things
    This "bad faith" was illegal and it caused harm & damages.

    Winning a case in court and being emotionally charged are two different things.

    __________________
    Not a legal advice.





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  • hi all, in the same boat too. mine was filed on july 2nd and there is a fedex confirmation about it. i did not hear from any one i know about these rejections or returns until i saw gregs blog. can any one shed a light if they know some one who got a reject. also can you please let me know if there is any way we can find out from uscis or from any one relevant about our application. it is too much of a hassle already and dont want to add more delays to this already cumbersome and sleepless process





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  • Link is here: http://immigration-information.com/forums/showthread.php?t=4285&page=26

    Ron Gotcher said on his reply to some readers questions:
    The mystery is solved. I have corresponded with Charlie Oppenheim in the Visa Office. He confirmed that the 27% limit does apply. He explained that during this fiscal year, the CIS consumed an unusually large number of Indian EB2 visas, thus making the category unavailable despite a retrogression in the cuoff date which was intended to hold number use within the limit.

    He said that based on his discussions with the CIS, he was informed that the CIS did not feel that the current amount of pending Indian first preference demand would be insufficient to use all available numbers under the limit. Therefore, he allowed some of those numbers to fall down into Indian second preference.

    So, the Indian second preference numbers used to establish a cutoff date for April are coming from left over Indian first preference, not worldwide numbers.
    __________________





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  • Bumping /\/\/\/\/\/\/\/\/\/\/\/\





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  • Ok guys before you shoot it down heres my calc for EB2 pending apps from 2000 to Dec 2003. Obviously its a rough estimate, who knows how many eb3s switched, labor subs etc etc etc.

    From pending apps from 2000 to 2003 dec are about 96. Assume represents 1% of total population so it would be 9600. Each app has about 1.5 dependents so about 15,000? If you assume as lower say 0.5% then number would obviously increase to 29,000.

    Ok now shoot me down.
    I had done some calculations long ago, it guestimated that 5~6% of people are registered with traciitt.





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  • I am unable to find USCIS internal I-140 adjudication manual. This could be my lifeline. Someone please provide link for it. Thanks!





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  • That's fine ..To show that we are in status form the last non-immigrant visa entry to 485 filing stage should we have our monthly stubs or will W2 be sufficient? I'm afraid I've some misplaced. Again thank you very much for your responses.


    W2 should be fine in most cases. Additionally, employment letter stating job duties, salary offered, dates is very useful. Please note that this salary could be different from GC Salary, however, it must be within the salary range mentioned in H1 LCA.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • actually online MBA costs 2 times more than regular MBA in most cases..they dont have concept of instate/out-of-state tuition for online.yeah its online but still people can be within the state paying state taxes or whatever..

    they should consider this, I say :cool:

    That's bull. Online at top-rated university costs as much as full-time but definitely not more. Most of the top-notch universities don't even differentiate in-state and out-of-state. M.B.A is a money printing machine for them. Assistantships, in full-time schools, are very few and scarce and competition for them is pretty high. I have friends going to Darden School of Business as full-time students and they are paying close to $70k in fee alone. Add to this the cost of living, books etc. Times are pretty bad now and few of them couldnot even get internships for this summer and few who got had had their offers rescinded. For full-time school you have to consider something called "Opportunity Cost". There was a article in Businessweek which mentioned that a Harvard full-time M.B.A will take 15 years to break-even on his M.B.A investment. The reason for this is that he will be spending $80k on fee alone, another $20-30k for living expenses for 2 years, another 10-20k in books and other expenses. At the same time he would have lost on a average $160-200k in 2 year salary and benefits. Combines together it adds upto $300k which can be invested at average 6% interest, if you are a savvy investor, and get good returns. Assuming a Harvard M.B.A graduate on a average make $120k out-of-school if would take 15 years for him to break-even even with all the increments and bonuses.





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  • Hi

    After long haul of almost 5 years , today I got the approval email for my 485 filed in June - 2007.I guess my wife's case should be approved soon.Last when spoke to TCS IO , I was told that biometrics is needed in my case but still they can approve & later send me the notice. I guess only after that I might get the physical card.

    Had anyone experienced this scenario ?
    Anyways I want to thank everyone on this forum,immigration portals, folks & every other support that I have got in this long process.

    I will always be there for everyone on this forum or in any other way I can help to every legal immigrant who is waiting for the Green Card.

    Thanks a lot

    Priority date - 05/2003
    140 approved - 10/2006 from TSC
    485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
    CA, EB2
    Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
    Wife's case RD- 7/10/2007
    I131,I765 approved for both -Nov 2007
    I485 approval mail - 04/24/08 - Myself
    Waiting for spouse approval, physical Cards
    Congrats Dude!
    My PD is EB2- Dec 2003, but my RD is Aug 2nd, 07. TSC currently procsses June end 485 applications. Do they pick application for process purely on RD? Considering large # of applications filed during July 07' ,do I have to wait for long time to see my magic email..?





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  • If possible, please change it without any delay? EB3 is only able to cross past May 2001 for 3 times in last 3 years where EB2 are enjoying GC most of time. No point in playing wait game with EB3 India. Otherwise, you will wait for-ever. :)

    How does one "change" to EB2?. I have a PD of Oct 2003 EB3. Should i submit a new labor and if it is approved my category will be EB2 PD Oct 2003?. Should i also file another I-140?.

    Not that i want to. just out of curiosity. thanks





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  • YOU PEOPLE understand first what i kept in the reply. I did not blame IV for doing other efforts..I am talking about facts about USCIS..So dont make fool us or yourself as IV or any other organization will not be able to attack USCIS..Bcoz USCIS is monarch..





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  • I used AC21 twice. Both times I informed USCIS, EVL contained exact job description but different title. Did not have any AC21 related RFE and today got 'CP ordered email'. :) good luck to all!

    Hope this helps...

    Did you send the EVL to USCIS yourself or did your lawyer take care of it? Is there are specific process, document format to follow? Congrats one and all who got approved seems to be a lot of progress in the Eb-2 arena. I heard of 15 approvals of EB-2 PD03 (Jan-Apr) in my company itsef





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  • Oh, Yeah. You think Mexican border needs to be handed over to army??? I agree to stop drug activities but don't generalize.

    Do you know who the hard working people are in this country???? Mexicans.... all other lazy asses wants to sit in air conditioning (yes, you are one of them).

    Sorry buddy, respect people.




    Exactly my thoughts too. How difficult is it to have a copy of your visa, passport and I-94 in each of your vehicles..!!
    If you are using EAD, even better, carry the darned EAD card in your pocket...
    I agree, they need to step this effort up and get these bloody illegals out. For years now, they have held the entire immigration system in a limbo.
    I am from a border state in India too. The entire border is fenced with 15 feet high razor wire fence and there are BSF personnel who watch it like a hawk. If anyone tries touching
    that fence, much less sneak in, they will shoot him between your eyes.

    The Mexican border needs to be handed over to the US army or the National Guard.





    If possible, please change it without any delay? EB3 is only able to cross past May 2001 for 3 times in last 3 years where EB2 are enjoying GC most of time. No point in playing wait game with EB3 India. Otherwise, you will wait for-ever. :)

    How does one "change" to EB2?. I have a PD of Oct 2003 EB3. Should i submit a new labor and if it is approved my category will be EB2 PD Oct 2003?. Should i also file another I-140?.

    Not that i want to. just out of curiosity. thanks





    Would you be offended if the image of Ganesh is used on a sack of rice or sugar or a bottle of cooking oil? If not, then what's the problem in using it on an alcoholic beverage bottle?

    its amrit..drink of the gods...so its befitting.



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