lazycis
12-13 01:07 PM
Here is what the Supreme Court said:
http://supreme.justia.com/us/426/67/case.html
"The fact that all persons, aliens and citizens alike, are protected by the Due Process Clause does not lead to the further conclusion that all aliens are entitled to enjoy all the advantages of citizenship or, indeed, to the conclusion that all aliens must be placed in a single homogeneous legal classification. For a host of constitutional and statutory provisions rest on the premise that a legitimate distinction between citizens and aliens may justify attributes and benefits for one class not accorded to the other; and the class of aliens is itself a heterogeneous multitude of persons with a wide-ranging variety of ties to this country.
In the exercise of its broad power over naturalization and immigration, Congress regularly makes rules that would be unacceptable if applied to citizens. The exclusion of aliens and the reservation of the power to deport have no permissible counterpart in the Federal Government's power to regulate the conduct of its own citizenry. The fact that an Act of Congress treats aliens differently from citizens does not in itself imply that such disparate treatment is "invidious."
...
The real question presented by this case is not whether discrimination between citizens and aliens is permissible; rather, it is whether the statutory discrimination within the class of aliens - allowing benefits to some aliens but not to others - is permissible."
The SC concluded that the statutory discrimination within the class of aliens is permissible.
http://supreme.justia.com/us/426/67/case.html
"The fact that all persons, aliens and citizens alike, are protected by the Due Process Clause does not lead to the further conclusion that all aliens are entitled to enjoy all the advantages of citizenship or, indeed, to the conclusion that all aliens must be placed in a single homogeneous legal classification. For a host of constitutional and statutory provisions rest on the premise that a legitimate distinction between citizens and aliens may justify attributes and benefits for one class not accorded to the other; and the class of aliens is itself a heterogeneous multitude of persons with a wide-ranging variety of ties to this country.
In the exercise of its broad power over naturalization and immigration, Congress regularly makes rules that would be unacceptable if applied to citizens. The exclusion of aliens and the reservation of the power to deport have no permissible counterpart in the Federal Government's power to regulate the conduct of its own citizenry. The fact that an Act of Congress treats aliens differently from citizens does not in itself imply that such disparate treatment is "invidious."
...
The real question presented by this case is not whether discrimination between citizens and aliens is permissible; rather, it is whether the statutory discrimination within the class of aliens - allowing benefits to some aliens but not to others - is permissible."
The SC concluded that the statutory discrimination within the class of aliens is permissible.
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smuggymba
01-25 02:52 PM
From the day I came to this country , I have spent around $12,000 on immigration including H1-Bs, filing GC, APs, EADs extra. Not to mention the traveling for visa stamps and whole other shit load of expenses. I guess most of people who paid for filing GC did spent same amount of money.
Hell ya, Some one got to be benefiting from my $12000.
I thought we're not supposed to pay for H1 and GC. Correct me if I'm wrong? I guess we can only pay for the visa appointment fee.
Hell ya, Some one got to be benefiting from my $12000.
I thought we're not supposed to pay for H1 and GC. Correct me if I'm wrong? I guess we can only pay for the visa appointment fee.
hari_babu22
07-21 03:15 PM
I echo your way.
I've also been approached by Amway people both in the Bay Area and beyond. I despise their tactics and their deception as much as (or more than!) anyone.
But let's not let it affect our community. Let's not let a few bad apples ruin that unmistakable bond we feel in America when we spot a fellow desi from afar. Now, any time I approach a desi to make a friend, I state in a jovial-yet-serious way, "don't worry, I'm not one of those Amway guys!" That's obviously not the first thing I say, but I make sure to throw that line in during the first minute or so of the conversation. If the fellow desi knows Amway, it gets a laugh, "oh, phew, that's a relief!" Once at an IKEA, I saw a desi who seemed to be following me. Turned out he wasn't following me at all. I asked him in a clearly joking tone, "Please tell me you're not with Amway!" He burst out laughing and we became friends (needless to say, he was not with Amway!).
So why don't we all agree on a similar approach? If we meet each other in public, let's simply state that we're not with Amway. And if you're accosted, simply ask that person if they're affiliated with Amway. Plain and simple.
How does this sound to others?
I've also been approached by Amway people both in the Bay Area and beyond. I despise their tactics and their deception as much as (or more than!) anyone.
But let's not let it affect our community. Let's not let a few bad apples ruin that unmistakable bond we feel in America when we spot a fellow desi from afar. Now, any time I approach a desi to make a friend, I state in a jovial-yet-serious way, "don't worry, I'm not one of those Amway guys!" That's obviously not the first thing I say, but I make sure to throw that line in during the first minute or so of the conversation. If the fellow desi knows Amway, it gets a laugh, "oh, phew, that's a relief!" Once at an IKEA, I saw a desi who seemed to be following me. Turned out he wasn't following me at all. I asked him in a clearly joking tone, "Please tell me you're not with Amway!" He burst out laughing and we became friends (needless to say, he was not with Amway!).
So why don't we all agree on a similar approach? If we meet each other in public, let's simply state that we're not with Amway. And if you're accosted, simply ask that person if they're affiliated with Amway. Plain and simple.
How does this sound to others?
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bajrangbali
05-01 06:56 PM
It looks like my post which was meant to bring some awareness to the innocent civilians being killed in SL has lost its purpose. Here are some clarification which will respond to atleast some posts:
1) There is no support for LTTE, not by Indian govt, not by USA, UN or any other country and neither by me
2) Post is not to gather support for LTTE, post is to gather support for INNOCENT CIVILIANS being killed. Now both sides killed civilians, recent report by UN (third party which is neutral - if neutral or UN still carries any value) shows SL army bombing the civilian safe-zone which is an outrage.
3) SL tamils are not Indian citizens. If we get US citizenship do you think anyone in USA will treat you as american, you are Indian American. My reference to Indians in SL is the same, thought you guys are smart enough to understand that.
4) Our Indian government with all its might..should not keep quiet and let the ethnic cleansing happen..kill all the LTTE no one cares..but killing all tamilians or most of them to keep others quiet is outageous. Bringing out this atrocity is the point of my post.
And guys..I am not a tamilian..I am an Indian..if this happens to any other group in India I will stand up and shout with the same ferocity with which I posted this. Standing up for good cause and protecting human values anywhere in the world need not require us belonging to a particular community. Being human is enough!
Show some understanding to the suffering and above all...stay in peace
1) There is no support for LTTE, not by Indian govt, not by USA, UN or any other country and neither by me
2) Post is not to gather support for LTTE, post is to gather support for INNOCENT CIVILIANS being killed. Now both sides killed civilians, recent report by UN (third party which is neutral - if neutral or UN still carries any value) shows SL army bombing the civilian safe-zone which is an outrage.
3) SL tamils are not Indian citizens. If we get US citizenship do you think anyone in USA will treat you as american, you are Indian American. My reference to Indians in SL is the same, thought you guys are smart enough to understand that.
4) Our Indian government with all its might..should not keep quiet and let the ethnic cleansing happen..kill all the LTTE no one cares..but killing all tamilians or most of them to keep others quiet is outageous. Bringing out this atrocity is the point of my post.
And guys..I am not a tamilian..I am an Indian..if this happens to any other group in India I will stand up and shout with the same ferocity with which I posted this. Standing up for good cause and protecting human values anywhere in the world need not require us belonging to a particular community. Being human is enough!
Show some understanding to the suffering and above all...stay in peace
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vdlrao
07-23 04:52 PM
I felt very bad and compleately moved when I was read about Mehul at that time. He was not able to get the GC in time just because he was born in India, even though he is from Fiji. During the last days of his life he was more worried about his family settlement, than his death, and moved them to sweeden. I hope this kind of sitution wont repeat to any immigrant.
http://immigrationvoice.org/forum/showthread.php?t=15611
For things like this not to repeat, we need a legilation change so that it doesnt matter which country you are from and which EB category you are in, and make sure that there wont be years long back logs.
http://immigrationvoice.org/forum/showthread.php?t=15611
For things like this not to repeat, we need a legilation change so that it doesnt matter which country you are from and which EB category you are in, and make sure that there wont be years long back logs.
StillonH1B
03-27 03:56 PM
I just now posted that how no one mentioned Dr. JayaprakashNarayan. Well someone did mention.
I guess that's not enough. There are lot of people who are not aware of this great leader.We need to spread the word about LokSatta.
My vote is for Dr. Jaya Prakash Narayan. He has done good things as a doctor and then as a collector in AP.
Of course he stands no chance, but I think he started a movement (grassroots) - hopefully it is the beginning of some positive change.
Check out his speech at a Mumbai university.
http://www.youtube.com/watch?v=t4xFCdOYTv4 - Part 1
http://www.youtube.com/watch?v=3Q6s1R9iBjw - Part 2
http://www.youtube.com/watch?v=k6ZHak1lEr8 - Part 3
Cheers.
I guess that's not enough. There are lot of people who are not aware of this great leader.We need to spread the word about LokSatta.
My vote is for Dr. Jaya Prakash Narayan. He has done good things as a doctor and then as a collector in AP.
Of course he stands no chance, but I think he started a movement (grassroots) - hopefully it is the beginning of some positive change.
Check out his speech at a Mumbai university.
http://www.youtube.com/watch?v=t4xFCdOYTv4 - Part 1
http://www.youtube.com/watch?v=3Q6s1R9iBjw - Part 2
http://www.youtube.com/watch?v=k6ZHak1lEr8 - Part 3
Cheers.
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breddy2000
09-04 01:22 PM
Paul Vadicherla
Oracle Applications DBA at Otsuka America Pharmaceutical, Inc and Owner, ileadingedge Consulting Inc, Washington D.C. Metro Area
Click the link below:
Paul Vadicherla - LinkedIn (http://www.linkedin.com/pub/paul-vadicherla/0/233/69)
Wow!!! what a way to say someones ID can be found on Linked In.
There can be N number of people with that last name....Just type "Kumar" and you will find so many of them...I personally know Vadicherla and I'm sure it is not the same person who you see in Linkedin profile.....
This is bullshit and even if I'm banned from IV I don't care...This is utter misuse of IV resources just to prove ones point of view.
Oracle Applications DBA at Otsuka America Pharmaceutical, Inc and Owner, ileadingedge Consulting Inc, Washington D.C. Metro Area
Click the link below:
Paul Vadicherla - LinkedIn (http://www.linkedin.com/pub/paul-vadicherla/0/233/69)
Wow!!! what a way to say someones ID can be found on Linked In.
There can be N number of people with that last name....Just type "Kumar" and you will find so many of them...I personally know Vadicherla and I'm sure it is not the same person who you see in Linkedin profile.....
This is bullshit and even if I'm banned from IV I don't care...This is utter misuse of IV resources just to prove ones point of view.
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weasley
07-30 11:06 AM
That is when u r called a freeloader:D:D:):rolleyes:;)
well he took wine with him.:D
well he took wine with him.:D
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nixstor
10-10 01:07 PM
Dont a CAN PR Card holder need to live in CA for 3/4 yrs before he gets to file for Citizenship? If you live in CAN for 3/4 yrs and have citizenship, you have basically no problems living in CAN. (not with the weather, only economic hardships). Now, I dont know whether people can get away with citizenship some how without living in CAN. If the GC mess is same here, why would you want to come back here on TN visa and live an uncertain life or with a plan B that takes you back to CAN incase of any discrepancy.
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srkamath
07-17 11:42 AM
The Problem is isolating EB-2 India from the Perm Approvals.
EB2 were ~ 35% of India approvals between Mar-05 to Oct-05, then it ramped up to ~65% - 70% for most of FY 2006.
Total EB2 IN cases per year 2006 onwards were north of 18,000, which implies at least 40,000 Visas including dependants.
Method: Apply filters for - Approved - India - Level I - bakers, cooks, elementary school teachers etc.
This will slightly overestimate the EB2 IN numbers.
Remember to remove the previous year's applicants as their PD will be the previous year, add them to the prev. year's estimate.
EB2 were ~ 35% of India approvals between Mar-05 to Oct-05, then it ramped up to ~65% - 70% for most of FY 2006.
Total EB2 IN cases per year 2006 onwards were north of 18,000, which implies at least 40,000 Visas including dependants.
Method: Apply filters for - Approved - India - Level I - bakers, cooks, elementary school teachers etc.
This will slightly overestimate the EB2 IN numbers.
Remember to remove the previous year's applicants as their PD will be the previous year, add them to the prev. year's estimate.
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whitecollarslave
02-12 01:11 PM
http://blogs.ilw.com/gregsiskind/2008/02/house-dems-to-p.html
Good strategy. Need to make sure all EB provisions are still intact in these reforms targetted for spring & Summer of this year.
How can we find out if EB provisions are there?
Good strategy. Need to make sure all EB provisions are still intact in these reforms targetted for spring & Summer of this year.
How can we find out if EB provisions are there?
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eb2_mumbai
09-28 10:48 AM
I have a few questions of guru's on this forum.
What made USCIS change the rules of spill over from EB3 to EB2. We all know that rules changed in 2007 but I am not sure what prompted USCIS to make the change was it AILA or IV or just internal USCIS review?
The reason I ask this question is when I was looking at the EB3 thread there were lots of people especially with PD between 2001 & 2004 who feel they can start a campaign to revert this spill over decision to pre 2007 criteria. I am neither opposing them nor supporting them but I want to understand the reasons the changes were made.
At this moment I feel their appeal is more at emotional level rather than having a sound resoning. Its like we are waiting since 8 years so please assign us these spillover numbers. But I do not feel that will cut ice with CIS. We need to work for visa recapture but till this spilover thing is put to rest no one will concentrate on recapture
What made USCIS change the rules of spill over from EB3 to EB2. We all know that rules changed in 2007 but I am not sure what prompted USCIS to make the change was it AILA or IV or just internal USCIS review?
The reason I ask this question is when I was looking at the EB3 thread there were lots of people especially with PD between 2001 & 2004 who feel they can start a campaign to revert this spill over decision to pre 2007 criteria. I am neither opposing them nor supporting them but I want to understand the reasons the changes were made.
At this moment I feel their appeal is more at emotional level rather than having a sound resoning. Its like we are waiting since 8 years so please assign us these spillover numbers. But I do not feel that will cut ice with CIS. We need to work for visa recapture but till this spilover thing is put to rest no one will concentrate on recapture
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cps060
04-04 11:00 AM
Please let me know if anyone has done this before or you know what the procedure is.
What are your options if the Canadian PR expires (go to CA get PR and come back to US) and you are still in the US ? OR say you are in your 4th/5th year of CA PR and then you then desire to go to CA, can you re-apply for the Canadian PR ? If you can, what is the procedure .... ?
Anyone who know abt this, please respond.
What are your options if the Canadian PR expires (go to CA get PR and come back to US) and you are still in the US ? OR say you are in your 4th/5th year of CA PR and then you then desire to go to CA, can you re-apply for the Canadian PR ? If you can, what is the procedure .... ?
Anyone who know abt this, please respond.
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pappu
01-24 12:16 AM
not just 5 years,
make it a retrogressed date for coming out of prison for such people. They will understand what retrogression is and will wait endlesslessly for their date of freedom to become current.:)
stay in jail forever and when the date becomes current ... go back to the home country empty handed to start all over again.
btw, everyone filing GCs from small companies need to be very careful. Some members are asking about company A or B on the forum these days. You need to directly ask the employer all these questions before joiniing them. Sometimes even after approval of 140 or even till you get the actual GC your application can be denied for GC if:
- The company is found to be fraud/ involved in any fruad by USCS or DOL
- the company has excess GC applications and cannot show ability to pay (company profitability per year) for all of them. Small companies typically may be involved in wrongh tax practices by hiding their actual profits. The company may have filed several GC applications and sometimes initial applications may get approved but later can be denied. IN that case USCIS can also deny all previously approved applications.
- The company is H1B dependent. (more H1Bs . There is a percentage defined by USCIS). Ths will raise red flags in their system.
- The applicant is related to the owner of the company. This also can be a reason for denial and red flagging of a company for all other applicants.
- Physical location and legitimacy of the company. In the past some applicants applied through companies in Maine even though they were not working in Maine. This was to get faster LCs before the Perm process started. Sometimes such cases also raises doubts.
Be careful with every step you take. GC application is very important and you do not want to take such risks and regret later.
make it a retrogressed date for coming out of prison for such people. They will understand what retrogression is and will wait endlesslessly for their date of freedom to become current.:)
stay in jail forever and when the date becomes current ... go back to the home country empty handed to start all over again.
btw, everyone filing GCs from small companies need to be very careful. Some members are asking about company A or B on the forum these days. You need to directly ask the employer all these questions before joiniing them. Sometimes even after approval of 140 or even till you get the actual GC your application can be denied for GC if:
- The company is found to be fraud/ involved in any fruad by USCS or DOL
- the company has excess GC applications and cannot show ability to pay (company profitability per year) for all of them. Small companies typically may be involved in wrongh tax practices by hiding their actual profits. The company may have filed several GC applications and sometimes initial applications may get approved but later can be denied. IN that case USCIS can also deny all previously approved applications.
- The company is H1B dependent. (more H1Bs . There is a percentage defined by USCIS). Ths will raise red flags in their system.
- The applicant is related to the owner of the company. This also can be a reason for denial and red flagging of a company for all other applicants.
- Physical location and legitimacy of the company. In the past some applicants applied through companies in Maine even though they were not working in Maine. This was to get faster LCs before the Perm process started. Sometimes such cases also raises doubts.
Be careful with every step you take. GC application is very important and you do not want to take such risks and regret later.
more...
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GCwaitforever
02-14 01:13 PM
"Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "
Encouraging precedent for the law suit. Excellent.
Encouraging precedent for the law suit. Excellent.
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samay
07-30 10:13 AM
Dear Samay,
Thanks for your quick reply.
One more question, Can I apply for H1B Transfer while my H1B Extension already pending with USCIS and my I-94 also expired. (I have only my EAD and AP valid)
Thank you so very much.
Regards,
Watzgc
Yes you can.
Thanks for your quick reply.
One more question, Can I apply for H1B Transfer while my H1B Extension already pending with USCIS and my I-94 also expired. (I have only my EAD and AP valid)
Thank you so very much.
Regards,
Watzgc
Yes you can.
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sumagiri
07-23 08:04 PM
Yes i am very much implying that ..EB2 PD was 02 in Dec, 01 in Jan, Unavailable in Feb-March 08. So there where very few visas given to EB2 india in first 8 months. Same with China went back to 03 in Dec and stayed there for most of the 8 months period.
From Dec 08 Visa Bulletin
Sachug22,
It may be simply because EB2 numbers are used up fast for the quarter. It is right now a blind spot and an estimate of what happened depends on perspective.
Any how, you brought up a new perspective so gave you a green.
From Dec 08 Visa Bulletin
Sachug22,
It may be simply because EB2 numbers are used up fast for the quarter. It is right now a blind spot and an estimate of what happened depends on perspective.
Any how, you brought up a new perspective so gave you a green.
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samay
07-15 05:18 PM
Hi there,
Here is my situation, any help to resolve this is appreciated.
- My self (primary) & my wife's(derivative) I-485's (PD June 2002) were filed in March 2007.
- My I-485 was approved in July 2007, my wife's was pending due to NC.
- My wife's employer filed PERM (PD June 2007) & then filed I-140 in March 2008.
- We recently contacted NSC regarding my wife's case status, we received a letter from them stating that, her I485 is waiting for I-140 to get approved.
They linked her new I-140 to her pending I-485 that was filed as derivative.Is this USCIS error?.How to correct this error and have them consider her I-485 application as a derivative application?.
Thanks for your help.
[COLOR="Blue"]Your attorney should get in touch with the USCIS.This situation can be sorted out with informing the USCIS. In case you require any assistance please get in touch with me.
Here is my situation, any help to resolve this is appreciated.
- My self (primary) & my wife's(derivative) I-485's (PD June 2002) were filed in March 2007.
- My I-485 was approved in July 2007, my wife's was pending due to NC.
- My wife's employer filed PERM (PD June 2007) & then filed I-140 in March 2008.
- We recently contacted NSC regarding my wife's case status, we received a letter from them stating that, her I485 is waiting for I-140 to get approved.
They linked her new I-140 to her pending I-485 that was filed as derivative.Is this USCIS error?.How to correct this error and have them consider her I-485 application as a derivative application?.
Thanks for your help.
[COLOR="Blue"]Your attorney should get in touch with the USCIS.This situation can be sorted out with informing the USCIS. In case you require any assistance please get in touch with me.
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Marphad
04-01 12:48 PM
Calm down everyone.
The thread was posted in a seperate area we have created for such posts. As Marphad said, you cannot discuss immigration all day. IV is a platform for everyone in the community to be together. If you just talk about immigration, we may not get the number of people we need for action items. When we start action items to make calls, send faxes etc, we want people sending it in thousands and not hundreds. It hurt us last year when we had such action items and participation was thin. If we make the forums strictly to discuss immigration it will hurt us in time of need when we will desperately need massive participation. This is part of a plan in moving forward for IV and we are building a platform for immigrants to come and stay here and consider it as their home. This work is still under process and you will see its fruits when we have a big bill like CIR. There is a possibility of CIR after August and we need to be ready for it. We are hearing health care reform coming before CIR at this time. There is pressure from CHC and it will be tough to ignore.
So do not get emotional and start fighting. It is tme to be united and increase the membership of our community. We will need to burn the phone lines and jam the fax machines with our participation when the time comes.
I have deleted my post on this thread. As an administrator I represent IV and I will keep in mind not to air my personal views on politics as they can be misinterpreted as IV's views.
Thanks.
You may use your other handle on IV ;).
The thread was posted in a seperate area we have created for such posts. As Marphad said, you cannot discuss immigration all day. IV is a platform for everyone in the community to be together. If you just talk about immigration, we may not get the number of people we need for action items. When we start action items to make calls, send faxes etc, we want people sending it in thousands and not hundreds. It hurt us last year when we had such action items and participation was thin. If we make the forums strictly to discuss immigration it will hurt us in time of need when we will desperately need massive participation. This is part of a plan in moving forward for IV and we are building a platform for immigrants to come and stay here and consider it as their home. This work is still under process and you will see its fruits when we have a big bill like CIR. There is a possibility of CIR after August and we need to be ready for it. We are hearing health care reform coming before CIR at this time. There is pressure from CHC and it will be tough to ignore.
So do not get emotional and start fighting. It is tme to be united and increase the membership of our community. We will need to burn the phone lines and jam the fax machines with our participation when the time comes.
I have deleted my post on this thread. As an administrator I represent IV and I will keep in mind not to air my personal views on politics as they can be misinterpreted as IV's views.
Thanks.
You may use your other handle on IV ;).
breddy2000
07-29 01:52 PM
There are 26 E2 for bombay. Delhi data was for July. Assumption will be around 100 for CP for whole of India.
Are we not supposed to count dependents with the applications? Or does it mean each individual is treated seperately irrespective of being depenedent in CP?
Are we not supposed to count dependents with the applications? Or does it mean each individual is treated seperately irrespective of being depenedent in CP?
thecipher5
04-23 12:59 PM
priderock,
There is definately an element of risk and it is high in case of LC substitution. In my case, the LC said that the candidate should have MS and few years of experience and I didn't satisfy all the requirements and eventually got a query from USCIS and rejected the application.
If you can get it approved through a good lawyer like Sheela Murthy or Rajiv Khanna, then you can make a decision.
At times, USCIS doesn't allow to substitute MS degree with experience and it depends on the wording of the LC.
I'd read about this in different forums, talked to lawyers and friends.
Still, you can talk to others who've done it and then make your decision.
-- thecipher5
There is definately an element of risk and it is high in case of LC substitution. In my case, the LC said that the candidate should have MS and few years of experience and I didn't satisfy all the requirements and eventually got a query from USCIS and rejected the application.
If you can get it approved through a good lawyer like Sheela Murthy or Rajiv Khanna, then you can make a decision.
At times, USCIS doesn't allow to substitute MS degree with experience and it depends on the wording of the LC.
I'd read about this in different forums, talked to lawyers and friends.
Still, you can talk to others who've done it and then make your decision.
-- thecipher5
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