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  • GetGC08
    07-30 05:01 PM
    Both these are separate processes and note that the I-140 is for a future job.So relax.
    Hello Samay,

    I just received RFE for I-140.
    I-140 Details:
    I have applied I-140 under EB2 India.
    I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
    Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.
    In labor(PERM) we mentioned Masters required
    & Major field of study is Computers.

    Do I qualify for EB2??Plz let me know.

    RFE details:
    1) Degree evaluation(what's the procedure?)
    &
    2) They want most recent W2 for 2007.

    In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.

    In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $ 65K.


    Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
    Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
    Is this a serious problem???

    My labor already got approved.
    My company is financially very good.

    Now which wage USCIS consider or match with W2??

    I will really appreciate your response.

    Thanks.





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  • snram4
    01-15 05:48 PM
    For the past 2 years there were so many RFEs and denials and no body knew what basis. But if they bring a regulation and follow that everybody can prepare ahead and no surprises. It is not a question of making profit. They have to make profit by following law and ethics and not by using loopholes. The regulations will make the companies to follow the rules of the game. If bodyshoppers follow the law and ethics without any fraud they will become reputed companies and the regulations will not destroy them. But their profit may go down but good for everyone. Inspite of insane rules annual cap is reached even unemployment is decade high. I would term protectionist if annual cap is reduced or they make restrictions such that h1b cap usage is so low. In India best persons are available and whatever restrictions they put Indian techies will overcome unless they block it completely. 65k H1b is attached to WTO and no way they can reduce that.


    snram4,

    It seems you are concerned about companies making profit than what happens to you. That is a typical socialist/communist thought process. Communists/socialists are worried/jealous about companies making profit rather than their own well being. Ironically you are in the capitalist meca of the world.

    If you are not fine with companies making profit, you shouldn't be here in the first place.

    H1B rules are on the slavery lines already. Think about all the restrictions we have to undergo just because of H1B. Irrespective of whether H1B is allowed on consulting, consulting is here to stay in US and all over the world. If not H1B, Citizens and GC holders will do the consulting.

    The only thing many of us are good at is screwing our own countrymen and colleagues. Did it ever come to your thought that existing H1B rules are insane already ?





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  • bestin
    01-10 07:11 AM
    Dont worry dude.my pd is eb2 Jul07 and my L1 expired in Dec.My company applied for my H1 in sep 09 and it was approved in 3 weeks without RFE. Some of my friends in consulting got RFEs for renewal but was eventually approved atleast until the date of contract.

    Hello Gurus,

    My priority date is Aug 11 , 2006(EB2) and my 6 year H1B ends Sept 2011. Is there any chance the priority dates will move to Aug 2006 levels in FY2010? Or in FY2011? I am really worried because these days people are getting rejections for H1 renewals. When my time comes for renewal I want to have the EAD as a backup in case H1 renewal gets rejected.

    Please let me know your thoughts on movement to Aug 2006 before Sept 2011.

    Thanks.





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  • Jerrome
    09-24 10:25 AM
    When can I get my gc based on these uscis data for sept 2005 eb-2.Please suggest me.

    100% by this time next year if the spill over rules are not changed. If they are changed then in next 5 years.
    (India upto september 2005 got almost 15K) per year india got 3500, do the math.



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  • _TrueFacts
    09-04 02:11 PM
    I have no words to say about this incident.


    I am glad that we have one less bad guy..more to go.

    gimme_GC2006,

    Completely agree with you. Also, notice that, this has became a trend in all states

    UP: Mayawati
    TN: M. Karunanidhi and Jaya Lalitha
    Bihar: Laloo; Started with this guy
    AP: YSR has taken corruption to new heights with factionism, gunda giri, land grabing( We see a IMV member directly affected)

    and many more...and who is encouraging all these..corrupt Congress leaders in the Central administration.





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  • hiralal
    06-17 01:50 PM
    what is surprising that one person ..dilipcr ..in this case ..is able to divert the attention of the members.
    in other words, maybe in future, one anti-immigrant can pose as dilip ..keep a senseless debate alive ..and divert attention.
    ---------- are we doing this because there are no visible big campaigns alive ? or does it mean that if we defeat Dilip in this debate then we will get our GC's (please note I am not following this thread ...though I was initially),.. Thanks



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  • sajimm
    05-17 08:50 PM
    I would recommend to be very careful if you are considering to use substitution labor. See the quote from http://www.immigration-law.com below.

    04/30/2006: Advisory for Substitution I-140 Filers Either Waiting Decision or On Appeal to AAO or Motion to Reopen/Reconsider

    The DOL is currently finalizing the rule-making process to eliminate the substitution of labor certifications. The proposed rule which has already been published in the federal register has a clause exempting those who obtained the "substitution approved" at the time of the release of the final regulation which they are currently working on. No one can predict the exact date when this final regulation will be published in the federal register.
    Under the current rule, there is no separate procedure for request for substitution of labor certification apart from the filing of I-140 petition for the new employee with the request to withdraw the pending or approved I-140 petition and substitute the alien beneficiary in the new I-140 petition proceeding. The employer's request for withdrawal of the pending I-140 petition or approved I-140 petition for the old employee is filed as part of the new I-140 petition filing on behalf of the new employee for the substitution. Accordingly, in this context, there is no separation decision which is issued by the USCIS for the approval of the substitutuion. The employers learn the approval of the substitution when they receive either denial or approval of the new substitution I-140 petitions.
    Unfortunately, the proposed substitution elimination rule does not elaborate or define "approved substitution." Because of the current USCIS practice making the decision of substitution approval as part of the decision of I-140 petition itself, there is a risk that the DOL and the USCIS may argue that "approved substitution" means "I-140 petition approval." Such interpretation will lead to devastating consequences to the aliens who's I-140 petition will be pending or on appeal to the AAO on other legal issues such as the employer's financial ability to pay the proffered wage at the time of release of the "final regulation" in that all these I-140 petitions will have to be denied because of elimination of the substitution. The damage will mount in the situation of concurrent I-140 and I-485 applications for the alien employees and their family members.
    It is thus prudent that the people whose substitution I-140 petitions are still pending consult their legal counsels to discuss strategies or options to avoid the potential deadly consequences





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  • srikondoji
    06-26 02:29 PM
    Closing this thread will not do any good.
    This rumour was in many minds up untill now. Now that we are discussing it openly, we are atleast clear in our minds about this issue.

    We atleast are discussing what USCIS could or coundn't do.
    Even my attorney has said that they cannot guarantee exact filing date per each case, even though mine was the very first application that went to my attorney's office with all documents ready including medical reports, birth certifictes. Such is the work load in my attorney's office.

    good luck to all.



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  • alisa
    02-18 11:49 PM
    I think we can make some very credible and good arguments for ourselves.

    a) The changing demographics require an increased level of immigration. It is upto this country to decide if it wants semi-skilled immigrants (Indian cooks and gardeners) and their siblings/parents, or high-skilled immigrants.

    b) It is not really the smartest thing in the world to bring people here from foreign lands, let them work here in high-tech fields, and then send them back after 6-10 years so that they can compete against Americans from OUTSIDE America.

    c) A lot of EB-based immigrants have been to American colleges and have graduate degrees. Again, see (b) above. Not the brightest idea to have this American-educated and trained high-skilled manpower forced to go back to India and China, the two main US competitors.
    Atleast, not if you are America.

    Bottomline is this. If there have been abuses of the system, and any system will be abused, then those need to be fixed. If there are loopholes, they need to be plugged (and people will come up with more loopholes.) But the USCIS should not throw the baby out with the bath water. Either this country values high-skilled immigrants, or it doesn't. The high-skilled immigrants need to know this, so that they can make decisions in their life. The incompetence of USCIS can't be the instrument of public policy making.





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  • Green_Always
    08-16 03:52 PM
    By taking on this subject we are providing good coverage for SRK and talking negative about US Immigraiton we are making them corrupt we should not put pressure on them ( US Immigration ) let them do there duty.

    By putting pressure and talking about all these and getting influence from Obama and all is wrong our Indian govt and policies are corrupt and we are pushing these people there now by doing all these things.


    Let us look at our future and Jobs over here. Let SRK resolve his headache himself.

    Note -- I am not against SRK, I like him and I am fan of him and have seen his movies multiple times and I have full respect to him.


    my 2 cents.



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  • saileshdude
    05-29 09:26 AM
    As far as i can tell, the main issue is that there are not enough visas for Indian applicants. The possible EB1 misuse is a sideshow.

    Currently, the EB2-I wait time is 20+ years. Even if there are no EB1 applications the wait time would reduce to 10+ years. EB3-I wait time is probably more than the life span of most individuals.

    It is major contributing factor to Eb2 and eventually EB3 retrogression. And something needs to be done to make sure that so called project managers from these IT firms from India are not able to apply in this category.





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  • chanduv23
    02-13 02:06 PM
    But we also have members making $30K fundraising effort successful in 7 days! Hence I believe if the IV core decides to explore the possibility of a lawsuit, we can raise enough money to hire an attorney for that.

    there is a saying "if it takes 180 days for a immigrant to screw a light bulb" does not mean that "180 immigrants can screw the light bulb in 1 day".

    we have thresholds and we need more active participation. These campaigns are refreshers, we are gathering more dedicated vollunteers, we want to see more people coming forward and help us.

    30k in 7 days is a good positive way and we want to see this getting better, what I mean is

    30K in 7 days must lead to -> 100k in 20 days must lead to -500k in 2 months - if this is a pattern - then yes we can think of big things. The community must also be ready to face any failure and take it with a pinch of salt? Are we ready for it yet?

    I want the answer from the people because I do not want to sound negative :)



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  • PlainSpeak
    01-14 01:23 PM
    Let us all promise ourselves that we will not get personal with each other. No abusive, foul language.

    We can disagree with each other but we have to watch our tone and not engage in personal attacks.
    Oh God AmitJoye. Your sense of honour and right and worng was missed at least by me. Have you seen the posts here by all the esteemed senior members and donors of IV. And to top it all they are now asking me to explain my ideas (Prove my intention) but i see no proof of intention from them
    I fear that you really need a moderator to kill all abusive comments because they are doing more harm to IV and IV needs all teh new members it can get. An organisation like this needs new intake of fresh blood to keep running. I am surprised no one from core or admin has admonished the abusers. I had hoped they would be prevented from shooting themselves in the foot.


    PS on a side note i am now up to Minus 3000. That must a be a record. Sad day for everyone here on IV including me





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  • jayleno
    09-23 09:18 AM
    My friend, the purpose of green card is to allow you to convert into citizenship sometime down the road. If you are not ready and willing to spend your saved money in the US and better its economy, then how can you expect the US goverment to help you?
    If you do not have enough money, then you are not paid the prevailing wage or the wage mentioned on the green card. If you do not have a job, how can your green card process still be there arent you illegal already?
    To add to all the above, as nixtor has stated, reduced backlogs help everybody.

    This is not fair and good idea. what about people waiting in line for years and invested their money elsewhere because of this green card delays or those who do not have enough money and job in this market situation. All of the sudden you are brining this idea. This is not fair. This is kind of buying green card. There is a investment based green card category available for that. I request you to go through that channel if you are rich. Not all employment based green card seekers are rich. Please keep that in mind.

    thanks,
    aps



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  • munnashi
    10-28 04:19 PM
    Please read this news on New media about the immigration and housing crising

    here is the link

    http://www.buffalonews.com/149/story/476302.html





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  • grupak
    12-13 03:45 PM
    Then fight for changing that constitutinality. Who made it? Why did they make it the way the made it? Slavery was supported legally way back.. If black community might have thought " They do not have a case" as somebody has created the constitution to suit their own need and "within the framework of that legality" "they do not have a case"... then still we may be seeing slaves around.

    I understand your point that we are not yet "citizens"... but for many fair practices society must not differentiate.

    BharatPremi, as I explained to at0474, I don't see how we can fight a law in a court (maybe we can). If a law is not implemented then we can get justice from the courts.

    For changing the law, we as IV lobby congress and meet lawmakers. This is a different issue from the intent of the OP which was to challenge the legality of country quota. Seems like country quota is within the law.

    I think even as non-citizens we can meet lawmakers and past experience (not IV related) suggest they will listen.



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  • kumar1305
    01-22 07:44 PM
    I'm sick of you guyz. How long would you fight among us. We fought among us and the rest ruled us for more than 1000 years. We are educated but of no use, still fighting for no reason. Looking at you I feel the older generation made no mistake(atleast they were not as educated as us). But is it? Can't we be united? What could unite us?





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  • unseenguy
    08-16 12:43 AM
    Why should it be a surprise?
    How do PoE officers know if he is a film star in some foreign language movies?
    Even if they knew, why is SRK so special that he should not be checked?

    There was an instance when a pop singer from India(Daler Mehdi) was accused of smugling illegal immigrants disguised as musicians. Point is, if somebody is a celebrity, that does not make him/her un touchable?

    So shall we strip search Barack Obama or Hillary Clinton on their next visit to India? They can also be accused of bringing something illegal, isnt it?





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  • snathan
    08-16 12:29 AM
    US knows that Pakistan is the mother of Terrorism, doesn't look like with all the aid flowing in, that it is being reduced to rubble. Terrorism is a deeper debate, and it borders on uneven economics, social structures, global imbalance to name a few. We have quite a few terrorists in India too, just look up Sikh riots of 1984 and Gujrat riots of 2002, the culprits walk scott free. You talk about Israel, how safe is Israel? Would you settle in Israel given a chance? The same is with the US, in the pretext of 9/11 the residual racism is now emerging in these situations.

    Whether we like it or not, Kasab will be hung to death. He is definitely a criminal, and it shines on our judicial system and independent media (both are screwed in their own ways) that we can tell that a terrorist hasn't been reduced to a weakling to not demand the food of his choice.

    If you are soft state they will after you...How come Israel surviving with all hostile neighbour....Do you know the seven day war. Do we have the guts to do that with any country who are launching terrorist into our land.?

    Yes...US is not attacking Pak...because Pak is living at US mercy.





    nojoke
    10-10 04:14 AM
    earlier I was bit skeptical about this idea but now as days it seems to be the only solution ..I knew markets would fall but this is beyond anything :D ...where will dow industrial stop ..I have been trying to buy some stocks but it keeps falling :D ...really worrisome ..but clearing house inventory is definitely the first step ..I don't think world can wait till next year june for home prices to rebound :D
    ...US has to do everything ..and this includes faster GC ..I wonder where core IV is ??
    the magnitude of the problem is too big that they won't even bother to open your letters. your solution is a drop in a bucket. You think they will consider your proposals after no effect from 700 billion bailout and more injection of liquidity around the world and with england, dutch, iceland and most of Europe in even more bigger trouble. Plus 10% market crash in Asia just today. At least let the system settle down a bit before proposing these ideas to the lawmakers.





    TheOmbudsman
    08-30 11:22 AM
    180 days.

    Once you get ur Canadian PR, how long can we "not go" to canada. Will the PR expire if we do not land in canada??



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