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  • Even if the Labor cert says "Masters" then as long as you had BS + 5 years experience before you filed for labor, to qualify for EB2, this should be ok. Unless the BS was a three year degree and you did not have the required experience.
    From USCIS perspective to qualify for EB2 you should be Masters or BS +5 experience.

    I think if this is true you have a good chance to fight this.

    Looking at the Labor cert , it says "Masters degree" and NOT "Masters or equalent". that might be the caused the I140 denial .

    Any one had this situation before ?


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  • Hi,

    I have applied in EB2 category with job title of Sr. software engineer. and I have frnds who have applied for EB2 under, Programmer analyst, team lead.

    But all of them had Master of science from USA.

    And all of us have our I140 cleared and waiting to apply for I485 when its gets current.

    Reno, could you please give us more information about your and your friends' experience :

    - What your qualifications are.

    What the Sr. software engineer job requirements were. Things like:
    - Education
    - Experience

    and also more info about your experience with PERM:
    - Processing center. Chicago or Atlanta?
    - Processing time.
    - Any audits?
    - Any business necessity documentation requirements?

    I know I'm asking for a lot of info but I think it would be extremely helpful for many folks who are preparing to file under EB2 to avoid regression.

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  • Thanks Karthik but I am just an MS :)
    But one thin I enjoy is problem solving and this is one of the hardest out there as it is dynamic.

    With Eb3 India the Horizontal spillover methodology kills most hope as there is the large Eb2 India backlog. In 2007(I think) the vertical spillover methodology was followed and Eb3 India got 17000 or so visa numbers. So with Horizontal spillover and no number increase I am sorry to say movement is limited.

    Out of curiosity, what are your thoughts on ROW EB3?

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  • Called all folks who havent said wether they support or oppose the bill...I know its past 5 pm but they are answering if you just see this message, pick up your phone & CALL!!!!

    Elton Gallegly (R-Calif.)202- 225-5811
    Darrell Issa (R-Calif.)202- 225-3906 (NOT IN FAVOR)
    Dan Lungren (R-Calif.)202- 225-5716
    Brad Sherman (D-Calif.) 202-225-5911
    Adam B. Schiff (D-Calif.)202- 225-4176
    Rick Boucher (D-Va.) 202-225-3861
    Robert C. Scott (D-Va.) (202) 225-8351
    Bob Goodlatte (R-Va.)202- 225-5431
    J. Randy Forbes (R-Va.)202- 225-6365
    Tom Feeney (R-Fla.) 202-225-2706 (NOT IN FAVOR)
    Ric Keller (R-Fla.)202- 225-2176
    Louie Gohmert (R-Texas) 202-225-3035
    Lamar S. Smith (R-Texas), Ranking Member 202- 225-6906/ 202- 225-4236 (NOT IN FAVOR)
    Jim Jordan (R-Ohio) 202-225-2676
    Betty Sutton (D-Ohio) 202-225-3401
    Chris Cannon (R-Utah)202- 225-7751
    Steve Chabot (R-Ohio) 202-225-2216
    Howard Coble (R-N.C.) 202-225-3065
    Steve Cohen (D-Tenn.)202- 225-3265
    John Conyers (D-Mich.), Chairman 202-225-5126
    William D. Delahunt (D-Mass.)202- 225-3111
    Keith Ellison (D-Minn.) 202-225-4755
    Trent Franks (R-Ariz.)202- 225-4576
    Luis Gutierrez (D-Ill.)202- 225-8203
    Steve King (R-Iowa)202- 225-4426 (NOT IN FAVOR)
    Mike Pence (R-Ind.) 202-225-3021
    Howard L. Berman (D-Calif.) 202-225-4695

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  • The Employment Based Immigration section explains how they will make a task force to prevent illegal workers from being exploited. I don't see anything for legal EB workers other than this 5 year thing which will start counting after this law is passed. :mad:

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  • ...try there. I got my license from Wayne showing my receipt notice.
    Note: there're 2 DMVs in Wayne. Go to the regional centre (on RT 23)

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  • I always wonder when Thackeray, Modi can become ministers after committing such atrocities and walk freely in India, why can't people like Dawood Ibrahim (after all he is also indian and successful in his own profession).

    You guys may think that I am racist by reading above lines. From bottom of my heart I vote for punishing all bad guys ( irrespective of their religion) who harm innocent human beings. Long live India����..

    itz politics and India is going thru itz phase, I totally agree with politicians like Modi and Bala thackeray are more harmfull to Secular India than Jaya or Lallu, you need to understand itz simply politics, as India matures and steps into next phase, general public preference will change from religious (atleast I hope so) so as these politicians agenda,

    However these gusy are a good test for Indian people and its secular phase, itz matter of time

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  • whome do you want to kill buddy?

    I wonder if you ever came across a word called "protection" or "self-defense". If one owns a gun does that mean he intends to kill someone? And I know you are not being funny here (as your name suggests) :)

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  • 1. If your labor was filed in Nov 06 or earlier then you can file for 7th year extension (based on rule that labor pending for more than 365 days)
    2. I'm not 100% sure but i think when your labor is approved if PDs are current, you can file i-140, 485, EAD together and get EAD by before your visa expires and you would be fine.
    3. Labor substitution will not be allowed after July 17th, and there are a lot approved labors whose beneficiaries have left the company. Employers are willing to use these labors for whatever they get (excuse me!). If you really want to stay in US, find an approved labor with PD older than Nov 06 and then file I140/485/EAD, if you don't get EAD by Dec 07 then file 7th year ext based on the GC pending more than 365 days. Hurry up for labor..

    Aren't you allow to extend your H1 if your I-140 is approved and I-485 is pending?

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  • Dear members,

    Thank you for all your support thus far.

    IV currently has around 950 registered members. If every member were to contribute $100 each, we should have close to 100K today. We think that is a very realistic picture. In fact we were banking on that kind of support when we started this effort. We are not even close to that number.

    Guys, the core team of IV have really slogged to reach a point where our voices are being heard. By not contributing, please don't do a dis-service to yourselves and all others involved.

    This is an appeal to all the members that haven't contributed yet, PLEASE CONTRIBUTE AT LEAST $100. Most of EB workers have decent jobs and enjoy a decent lifestyle. $100 is not too much to ask, for what is at stake right now. Given the number of people affected, one would think acheiving the contribution target is a piece of cake. PLEASE STEP UP NOW!!

    We are relying on this support to move forward. There may not be any other chance for your issues to be heard at the level we are trying.
    If you have any questions regarding operational issues or need more convincing, please send a note to

    For the effort we are putting, atleast give us a surviving chance to fight the battle!!

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  • Where have your read that?

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  • :-)

    In this country I dont know what is serious and what is light situations.

    Definitly steeling is not light anywhere. Somewhere they have the resource and some dont. Thats the different.

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  • u mean ur parents r babysitters for last 4 years....I hope this teaches to keep ur mouth shut calling other's parents baby sitters.

    No problem, my parents are doing this from last four years. Six months here and six months in India.

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  • 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.


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  • I just saw the May processing dates.

    I printed it out and used it to wipe my backside, then flushed it down the toilet.

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  • are logic life ko nahi jaante aap?

    logiclife is a bhagwan .... he is sabka baap .. sabse bada saab.... aaj kal chup chaap :D:D

    (translation: ramblings in hindi language ... the crawling vb has made me sick & delirious)

    Who is logiclife?

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  • You can use paypal now. The problem is fixed.

    Even if you dont have paypal account, paypal site provides facility to receive funds using a credit/debit card without having to open a paypal account.

    You can also mail the check to the address shown in "Why Contribute" and under "Contributions" menu.


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  • ^^^^^^^^^^^

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  • Hey Payton.,

    Once you receive your DS230 form from the NVC you can find the NVC case number on the bar codded sheet. After you submit your DS230 to NVC using that NVC case number you can dial a number and check the status. Mine after 4 weeks says that NVC has completed the processing and forwarded to the Madras consulate on June 5th. Thats how I came to know.

    By the way mine is EB2

    Good Question

    Did anyway in this Scenario had a hard time, entering US??

    If 140 is approved and dates are current most likely you will get one year extension...But sure you will get H1B extension.

    I think its If pending...and labor approved 365 days before start date. I still need to check with my attorney. Also even if 140 is approved and dates are current i would not be able to extend.

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