Kama Of Kingstone

Well said..

below

I would think coming from MI, a state that has one of the highest unemployment, and the relief that the auto industry got - it continues to exist because of those liberal fiscal policies.

Besides, his being liberal fiscally/socially has nothing to do with our issues. He is probably the best ally for our issue in the democratic circle...


Cannot agree more, I find it idiotic we blaming someone because they are liberal in something. Most of us come from a country where 90% of the time "corrupt" is the only way we can define politicians. Listening to talking heads on TV shows and parroting the same crap sounds stupid. The environment right now is not conductive to any kind of immigration bill unless done in very absolute secret. This is a lame duck session,no one knows what will happen after 2 years.

Someone was talking about distinguishing between illegal and legal, yes but once they start digging in deeper we have the dreaded "H1B". Hopefully the economy continues to improve ,due to so-called liberal policies, and we have better job market and public sentiment improves. Don't know if IV has any strategic plan for this time frame.

BTW, Someone blaming a president for being liberal socially when they are the smallest minority in the country is absolutely stupidly mind boggling!!!

You say all these because you understand. Most of these police officers out there (and even Immigration Enforcement officers) dont understand the laws they are enforcing. I once asked an american embassy consular officer during an H1B renewal interview how long I had to stay in the US if I get laid off from my job. She smiled and said she doesnt know. Ironic right? That is US Immigration laws for you. So complex yet so unreasonable.
Arrived F1: Dec. 2001
H1-B: May 2005
Labor Applied: No
I-140 Applied: No
I-485 Applied: No
Laid off: April 2009
Departed USA: May 2009

You left US?

I am traveling this month end to India via Frankfurt. I am on AP. I checked with German consulate in US and officer told me we need transit visa both ways (going and coming back). there are no exceptions. He confirmed the same twice when I went in person to get Transit visa.

I would rather listen to German consulate office rather than interpreting stupid sentences on German consulate web site. So please do get Transit visa with 2 entries.

No transit visa required. I got an identical response when I checked with the german consulate in november. Nevertheless, I did not take transit visa, and with visa stamping expired in March 2010, I travelled with AP on Lufthansa from IAD to BLR in December, and returned in Jan 2011, and nobody even mentioned the word "transit" anywhere along the route. Lufthansa staff is very knowledgeable about AP, both in Wash.Dulles and BLR. In fact, In BLR I saw that even Air France also does not require transit visa for Paris and allowed people with AP to board without transit visa. So folks, dont waste time and money on transit visa. Nothing is going to happen , unless you miss your connecting flight in Frankfurt, in which case you will not get to stay in a hotel and would have to spend the transit time in the airport.

I am still waiting. Details below.

Couple more ways to get media attention

Click on links and vote on it.

http://ezeques.newsvine.com/_news/2007/07/06/821192-suit-planned-over-visas-for-the-highly-skilled

http://www.facebook.com/login.php?popup&next=http%253A%252F%252Fwww.facebook.com%252Fshare r.php%253Fu%253Dhttp%25253A%25252F%25252Fwww.nytim es.com%25252F2007%25252F07%25252F06%25252Fus%25252 F06visa.html%25253Fex%25253D1341460800%252526en%25 253D5049edb808b4b9dd%252526ei%25253D5124%252526par tner%25253Dfacebook%252526exprod%25253Dfacebook%25 26t%253DSuit%252520Planned%252520Over%252520Visas% 252520for%252520the%252520Highly%252520Skilled

I had an infopass appointment in NY to get information on my case (specifically concerning the FP/Name check status, have received my EAD, AP). Although the officer was very courteous and seemed patient, he thought I had come there too soon for the inquiry. I got very sketchy information. He said one should wait at least 6 months after the 485 RD (mine is June 2007) before beginning inquiry (shoot me, I went a month too soon), and that it usually it takes a year (or more) after FP to get the GC, so I should not worry too much about my case for at least one more year.

He said there is nothing to worry about and that there are “many small small things” that have to be taken care of after FP and FBI name check clearance before one gets the GC. I asked him what are the other “things” that need to be taken care of following the clearance on name check, but didn’t get an answer (“just small small things” is what he said again). I had to repeat my question about the status of FBI name check on my case three times during the conversation before I got an answer which was vague anyways (nothing’s been done yet). I was hoping to get some kind of information with regards to the status in terms of the search results (no record/hit etc.) but I didn’t get any information at all, so it was a disappointing meeting for me.

Some pointers:

*Have your print out of the appointment confirmation ready before you enter the building-the security officer outside the building checks it to verify that you indeed have an appointment there.
*The queue at the entrance for security check was long, so make sure you reach there well ahead of the scheduled appointment.
*There is one more counter in the lobby (and one more queue) where you get your token number for the infopass room. They asked to see the appointment confirmation receipt here as well.
*The infopass interviews are held on the third floor. I waited for 30-35 mts. before my number was called.

P.S. Received EAD card at home address and AP documents at the law firm address.

that lately any visa interview that has to be taken in india is no more bound to any consulate, especially if you are already been in usa. you are free to book web-appointment's in any of indian consulates to get it done.

pl check respective sources / attorney to make sure before you decide.
just my 2 cents to see if i can help you skip madras :-)

i wld assume our friends here might have very valuable inputs regarding this.
lets wait

I am traveling this month end to India via Frankfurt. I am on AP. I checked with German consulate in US and officer told me we need transit visa both ways (going and coming back). there are no exceptions. He confirmed the same twice when I went in person to get Transit visa.

I would rather listen to German consulate office rather than interpreting stupid sentences on German consulate web site. So please do get Transit visa with 2 entries.

Where is this from? $905 for I-485?

Form No. Current Fee Proposed Fee Difference
I-129 $190 $320 $130
I-131 $170 $305 $135
I-140 $195 $475 $280
I-485 $325 $905 $580
I-765 $180 $340 $160

Done !

If Republicans control the House, they will be too bitter because they can't repeal the Health Care Reform, and will not let CIR pass in 2011. Best hope is 2012 now. Obama could have easily passed CIR in past 2 years, instead he focused all his efforts on health care..

Dems were no good either...they could have easily worked with Bush to pass it in 2006/2007 but, they screwed it up by going with the points system and the "path to citizenship". Again, in 2008 they had all 3 chambers but, the hispanic caucus held the bill hostage. CIR will never get passed as long as there is that "path to citizenship" provision, in the upcoming congress. So, in reality, there is no CIR...now or ever.

I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.

Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.

The RFE reads as follows.

---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------

This is my history.

I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.

I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.

The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.

Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.

My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.

I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.

Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?

Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow

enggr... First Welcome IV!!! The great place to meet like minded people.

If your supplementary exam is required for your degree then your graduation date is June 2002. if not then you are safe. First of all..Course completion certificate is not a degree. You have to complete all the requirements to get a degree.

Converting to EB3. I read somewhere in the forum that PERM does not allow to change from EB2 to EB3. You might need to reapply.

In any case, You need to respond to RFE with a good business case. and go for the next step.

Good luck buddy.

Thanks for contacting IV with your SOS.
An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.

As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.

It's great to know that IV extends it's hand to help it's members when in need. More reason to contribute. I know i will again this month. Thanks IV Core.

According to what radhay said it looks like your case can be overturned based on the mistake lying on the lawyers part.

Hello Sanbaj, where did you send your interfiling request ? I mean which center ? I am also in same situation but I did not send the original I-140 approval copy.
NSC. I got the RNs from there.

That was an attempt at humor. Looks like it was misunderstood. :)

You are abusing some institution and trying to name it a humor. Anyway this was my personal opinion.

Most of us Indians..sad to say are self centred...chicken hearted community...awakening has to come from inside...you can take the horse to the pond but cannot force it to drink it...:rolleyes::rolleyes::rolleyes:

.

One thing , did any other reputed site report this news ?

It's on Greg Siskind's blog as well

Just sent Fax #11 too

actually I realized the difference bet LC ads and EEOC laws:
Per EEOC, they cannot discriminate to hire a person on a visa. But for green card sponsorship, they have to show preference for an equally qualified USC or perm resident.
I know this b/c my employer, while sponsoring a previous H-1b at my firm, during the LC process found a qualified USC. They stopped the gc process, but could not let the person go b/c it is legal to hire an H-1b even if USCs are available.

What practical sense does this make? Once an employer sponsors an H-1b, why would he want to go thru the whole recruiting and training process again to hire a new person?

When it comes to implementation, things vary. Laws are made so that they can be worked around, laws are made in a way that can be interpreted in many ways, laws canbe generalised, they have grey areas. Everything is based on convinience.