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  • Sheila Danzig
    02-25 01:52 PM
    I see this all the time. An RFE for one thing (usually like yours - accreditation of the PGD or Masters degree) and then a denial based on the 3 year bachelor's. I tell clients to cover the bachelor's degree when they get the first RFE.

    With regards to the Masters equivalency - USCIS has objected to the Masters if preceded by a 3 year bachelor's degree. However, properly evaluated with reference to an unpublished AAO decision (not legally binding on its own but very powerful) we have seen these cases approved.

    The link to the AAO decision for the 3+1 being equivalent to a US bachelor's degree is NOT relevant. In that case the 1 year bachelor in education required the 3 year bachelor for admission so it was not considered combining. Much like an associates degree is required for admission to a bachelor's degree so that is not combining. (We use that theory when working with a 2 year bach + 2 year masters, generally from PK).

    If you want I can review the case for you at www.cciFree.com - you can file an MTR. And if you end up in the appeals office the previous AAO decision should hold up there.

    Here is the link:
    http://www.murthy.com/news/n_combdg.html

    Why the heck is USCIS bothered about your bachelors when your Labor clearly says Masters required? I think you have a strong case since the RFE did not mention anything about your bachelors. What is your attorney saying? why didnt your ed evaluator mention anything about your bachelors? Will it help if you could evalute your qualifications from another agency, wherein they could prove that you had enough credits and class hours in your bachelors to be equal to US 4 yr courses?

    I am sure there are many helpful folks on this forum who could also guide you on your case. They may have had first hand experience in such situations. Do keep us posted.

    Good luck!





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  • ronhira
    10-27 12:04 AM
    as per the info u provided u'r...... mail dt is 8/17/07 & receipt dt is 9/26/07...... did u'r application reach cis after july visa bulletin..... if yes, then it appears that with u'r april-06 dt. the priority dt was not current when they received u'r app .... is that a possibility.....





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  • rajmirk
    05-26 01:26 PM
    Thanks for greaat posts, everyone. Just to follow up with Jaime's point it is tru that we are not all from India or Aisia in general. I guess I should have mentioned that. I am from a northern place - from Russia. Actually I was born and raised in one of the southern former Soviet republics, which had relatively warmer climate. But I lived for over 5 years in Russia before coming here. I just mention that, because I read it the cold Canadian weather seems to be the number one downside. It is not such a big deal to me or my wife, because it was as cold or perhaps even colder back home.

    Just as Jaime I am not here just for ecenomic reasons. I wuld be better off (financially) back home. I guess we are in search of better life (qualitatively), and that is why I am wondering about Canada.
    And perhaps due to somewhat European backgraund I seem to have nostalgia for European flare sometimes; hence the questions about Montreal (which I presume is a bit more European that TO).
    I guess I would like to put a streignt question to those who lived in or familiar with Canada.
    - I am from a Northen Country (even leave in Northeast here in US).
    - I worked full time for 5 years in US (plus a year of internship)
    - My field is Not IT though, it is in business (data analysis, finance, supply chains, etc)
    - My in English is quite good (for and immigrant especially)
    - I have some basic knowledge of French and willing to learn more
    - I have a Masters degree (few actually) from US universities
    - As I mentioned I have a family including kids.

    My question is - what do you think my chances are in Canada in general, and in Montreal specifically?

    I would appreciate any response. Thank you very much!


    Go for it! My earlier comments would be mostly applicable to folks from the sub-continent - which you seem to be not and looking at your priorities and what you already have, might work out perfectly for you. Best wishes.





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  • ganguteli
    06-01 04:12 PM
    I cannot imagine how educated illiterate IV members are. You think voting on some site will get the bill passed? I agree with Fresheb2 that this is a waste of time. You guys are only promoting some new site. This site will capture your email addresses and send you marketing material. If you read about the site owners, they are commerical companies and they seek to make profit from this site. Do not be fooled that someone will send your bogus votes to congress and the bill will be passed. The site only aims at generating awareness among US citizens about congress and bill. They probably got some grant or decided to make money off this idea and started this website.

    How about I also start a website and create voting on it and ask everyone to vote. Will it help a bill pass?



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  • vvr
    05-20 02:21 AM
    Way to shine guys ! Any more suggestions for a "brand new" quota ?





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  • paskal
    08-24 01:24 AM
    if i may interject in this very health constructive and inspirational discussion for a moment- begging all your pardons please!

    there are posting guidelines
    http://immigrationvoice.org/forum/announcement.php?f=90

    please read them carefully- everyone.
    this is an open forum indeed, rarely do people ever get banned or posts deleted. however, with all rights come some duties and civility is foremost among them.

    the person whose posts some are objecting to is not a moderator. he is expressing his own opinions. i'm quite amazed that he has been labeled one or put at par with moderators/administrators by some here.

    this is indeed an information sharing forum although that's not all it is. i'm sorry the initial poster never got a reasonable reply. really should have.
    as for contribution etc, iv or any moderator is not pushing anyone let alone rudely or being abusive for anything. but lest we all forget, this forum exists because this is a grassroots organization with a commitment to removing retrogression. if that goal gets lost in tourism to the forums, then the forums too will be lost too and very soon. just a gentle reminder for you oh so gentle folks!

    lisap- please visit the home page and scroll down a few inches, start reading from "The issue of Immigration Voice, in a nutshell ". If you still do not understand the goals of this organization, please pm me and i will be glad to help. Btw i'm extremely sorry to hear that you cannot be at the rally for personal reasons, we all understand that each person's situation is different and not always easy. However there are ways we may be able to help you attend if you are motivated. let me know- no harm in trying anyways...



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  • perm2gc
    05-22 04:12 PM
    When the one of the IV leaders is seriously considering going out of status in order to benefit from the great amnesty, you know that something is seriously messed up. Even so, I didn't expect you guys to be the first ones to give up...
    Didn't you read the bill. They didn't give up but asking our fellow 400,000 highly skilled immigrants to wakeup and be part of our struggle.Many people i talked don't know about the bill itself.What a pitty !!!:mad:





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  • kumar1
    07-19 01:47 PM
    Desi.....someone asked you a question.....please reply in your typical red blue italic font. If you can not defend what you said, then admit that you were doing BS here. Thanks



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  • njboy
    12-12 12:51 PM
    im waiting for the groans and moans





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  • sledge_hammer
    02-27 04:10 PM
    Though I want to feel sorry for you I cannot. Between all the things you have written I was trying to find one small indication to know that you are sorry for what you have done. I did not find one. You are arrogant enough to blame the immigration laws for not permiting you to come to the US, but never really looked into your own flaws for flouting drug laws.

    Besides, this is a forum for legal employment based immigrants. You may hardly find any resource here that will help you with what you want!

    My husband and son are being discriminated against for having an Alien wife and mother.

    If an Alien deported with drug-related offences of more than 30 grams of Marijuana, like me, solicits a Non-Immigrant Visa to visit in the U.S. at the same time my husband or son solicit an Immigrant Visa for me to remain in the U.S. with them, the Alien will be granted her Non-Immigrant Visa and my husband’s or my son’s request will never be acknowledged.

    This is our story: Everything we ever learned from the U.S. about truth and justice is suddenly being deprived of any meaning by the U.S. itself. The hardest part for us is believing that everything we’ve based our lives on – the American way, has no merit.

    I was deported from the United States of America on February 18, 2005. I lived there nearly 30 years since I was 20 months old, when my mother crossed the Rio Grande into the country with me illegally. I was given an opportunity to become legal under the NACARA law but was to afraid of being deported like Maricela Soza was under the same law and didn’t go through with the entire process. I have both a husband and a son who are U.S. citizens but I am permanently prohibited by Immigration law from immigrating to the United States, while at the same time I am allowed to visit. Due to my drug-related offence of more than 30 grams of Marijuana. It’s Immigration law’s contradicting policies which I find disturbing.

    U.S. Immigration is concerned with their citizens’ welfare but it is denying my husband’s and my son’s requests to have me back by their side for good. Although Immigration law will value my wish to receive admission into the United States. Needless to say I prefer returning, immigrating and remaining in the country by my family’s side. That’s not taking into account the fact that I am still homesick and continue experiencing culture shock in Nicaragua. What the Department of Homeland Security is doing to my family and I is cruel, inhumane and unpatriotic. No free country’s government has any business deciding how families should be formed or whose personal choice is agreeable or not. Like that of my son’s and husband’s choice to overlook my shortcomings and begin our lives over together again.

    The 212(d)(3) Waiver allows a visitor’s visa into the U.S. to be issued to an Alien like me if I show evidence of rehabilitation such as becoming a practicing professional with a U.S. job offer. Sometimes with lone proof of a bank savings account, school registration and satisfactory travel record. On the other hand there isn’t one waiver available for United States Citizens who wish to rebuild their lives with an Alien deported for any drug-related offence of more than 30 grams of Marijuana. Not only are my son’s and my husband’s needs being ignored but my needs are being placed before their own. An act I dare name TREASON.

    How much more is the United States citizens’ welfare secured if an Alien with an undesirable drug history enters the United States merely to visit and not to immigrate? Shouldn’t all United States citizens’ needs and rights within and from their country – such as my husband’s and my son’s, come before any Alien’s need or right to receive admission into the U.S., including my own? Also, shouldn’t Family-Based Immigration take first place over “Alien travel” for any reason?

    I regret to say it’s these types of injustices with devastating consequences to the recipient’s and his/her immediate relatives’ personal lives remaining raveled, much more unacknowledged that play a large role in the cause for conflict concerning disloyalty toward the U.S. and unpopularity of the U.S. among U.S. citizens and foreign nationals inside and outside of the United States. I trust that once this oversight is brought to DHS’s attention they will not knowingly continue punishing my husband and my son for loving me, an Alien who once stumbled while attempting to survive in the U.S..

    I’m afraid to imagine how many individuals involved in cases like my family’s and mine go on thinking that the U.S. is a bad country for having the audacity to pass judgment on them. I’ve had to believe there’s a glitch somewhere in immigration law caused by simple human error. I can’t accept that the U.S. I grew to know as a loving, Christian country with caring values is intentionally causing my loved ones and I grief. It goes without saying that as much as the United States has a duty to protect its citizens it also has a duty to be equally diplomatic toward foreigners and not continue persecuting the one or the other long after any condemning sentence has been exacted and executed. I know the United States of America will do right by my son, my husband, me, and the rest of its citizens and foreign nationals in our predicament.

    We want the 212(d)(3) Non-Immigrant Visas Waiver made into an Immigrant Visas Waiver for Immediate Relatives of U.S. Citizens to make sure United States citizens receive competent protection from the Department of Homeland Security and adequate protection from the United States of America.

    My husband and son believe a Waiver should be available to me and I believe their Freedom Of Belief civil liberty is being violated because their belief is being discriminated against. My needs are being placed before their own. I am not able to immigrate to the U.S. because immigration law doesn’t allow me a Waiver enabling my husband or son to claim me successfully. If I had a Waiver available to me they wouldn’t have to be at this crossroads making their case public in the courts, therefore their Right To Privacy is also being violated as a result of their belief being discriminated against. I couldn’t live with myself if I don’t speak out, they’re attempting to do the same for me. We don’t want to cause any problems, we just want to move on with our lives.



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  • jonty_11
    05-22 03:20 PM
    more i want more of these options.....as logiclife said - THIS IS NOT A JOKE ....

    Let explore any and all options here to become illegal and qualify for a Z VISA





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  • boreal
    08-11 10:18 PM
    Does anyone know if its possible to just renew the green-card or one has to apply for naturalization after 5 years?



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  • eilsoe
    02-03 05:25 AM
    that smilie says it all :P





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  • adibhatla
    02-19 04:41 PM
    Just a small addition to your point 4.

    MTR allows you to work. Usually an MTR is supposed to be filed within 33 days after you have recieved your denial. As soon as the USCIS recieves your MTR (which is your I290B form), they issue a notice number. This number allows you to work. The only time you are not technically allowed to work is the time since you recieved the denial notice till you recieve your I290B notice number.

    1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).

    2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.

    3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.

    4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.

    5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.

    6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.

    Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.

    But life goes on...



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  • rajmirk
    05-25 01:49 PM
    Does anyone know how Quebec compares to Ontario. Specifically Montreal to Toronto. Economically, culturaly, etc.?
    I would appreciate any comment. Thanks

    I would say Ontario (Ottawa or maybe Toronto) is better compared to Quebec with regards to immigrants.

    In Quebec, if you cant speak French, you are frowned upon. Yeah, yeah i can hear the Montrealers saying they speak both French and English, but the reality is that Quebec only likes people who are French. I heard some racist remarks while walking in the downtown, not uncommon. For some ignoramuses, every colored person is a "bangladeshi" and hurl racist abuses. I was very shocked to say the least...Isolated incident, but not uncommon.

    Bottomline, if you wanna life like u had in the US, better Ontario than Quebec or even BC.





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  • InTheMoment
    08-15 02:42 PM
    Two things I would like to mention here:

    First, a possibilty of an RFE for your laetest Employment Verification only arises when certain red-flags are raised. Among them are:

    1.) Address on file (which has changed after filing I-485) is in a different state from the place of employment. Now I am sure the officer knows that DC and Virginia/Maryland or NH and MA are different states but still they can be daily commuter workers sou could be spared.
    I have seen more than a bunch of folks getting RFE's for this specific reason.

    2.) Long time (upto the discretion of the CAO..but I feel it is more than 18 months) has passed since the I-485 has filed.

    3.) Any other history of excessive job-hopping.

    Please pitch in if you know any other substantive reason.

    Second,

    For the job description from the new employer: I would say put whatever the new employer says but make sure ...for sure to copy paste two related sentences from your old job desc. into the new one to be the first bullets in the description.

    I had changed jobs using AC21, used EAD, moved to a different state (5-6 states apart, i.e not a daily commuter) had a slightly different job title. Oh I was so sure that I would get an RFE ...I made sure I sent the AC21 docs against the advise of my attorney (he wanted CIS to send the RFE, made no sense as that would have literally wasted time and my money ;))...and did all the things that I just said about the new EVL...and got the I-485 approved without any issues.

    Go ahead and make the best of AC21!:)



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  • arc
    10-01 09:02 PM
    NSC probably sent applications to CSC for data entry, I am a july 2 filer, my EAD(I131)/AP(I765) and all receipt notices were sent to me by CSC all are WAC### numbers which means its from CSC, then they sent just the AOS (I485) back to NSC saying they do not have Jurisdiction on the AOS application (Logic behind this is - because my I140 was approved by NSC, I have a LIN### on I140 application).

    This transfers happens in the 4 centers all the time no need to worry, there is delay associated though... :(

    Anywayz all said and done... I have not received my FP notice as yet...My Receipt Notice date : Aug23





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  • gc_on_demand
    10-29 11:38 AM
    they have delayed processing time so more people will file for premium processing and they earn more money. H1b quota is not filling up and all of a sudden processing time went from 2 to 6-7 months in 1 month. Because so many people ( h1 - h4 ) might be travelling in dec - jan season. Come back in feb - march and processing time will be again 2 months.





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  • Sakthisagar
    07-29 03:19 PM
    Guys we see a very unhealthy trend here where any disagreement is not tolerated. This forum is for legal skilled immigrants and we sometimes show how unskilled we are when it comes to tolerance of opinion here.

    isantem, while I understand the diversity argument, when it comes to skilled immigration it doesn't really help. The data itself shows that the overwhelming number of skilled immigrants come from India/China. If the objective is to let the most skilled immigrants in, then the US should forget about diversity. Unfortunately in terms of volume and talent combined, India and China handily beat the rest of the world. Even if EB3 goes to 2002 so be it, but at least you are treating all skilled immigrants on a level playing field rather than discriminating them based on where they were born. If the US continues to do this, there is a serious danger (and this has been documented) that skilled folks in India/China will no longer find the US attractive. Its already happening with the economy booming in India. In fact, we'll probably see you or your kids standing in line for an Indian or Chinese green card in a few years (and I doubt India or China will focus on diversity when it comes to attracting the most skilled talent).

    The last line is only a Dream.. I value your opinion, and wish that to happem. as they say Sounds Good, given the situation Political and economic in India and China it will never ever happen. Politically motivated religious fights, killing the political opponent who is having a diferent opinion, no entry for good thinking poeple in all levels in India. So thie last statements in your paragraph is only SOUNDS GOOD! India still is 60 % poor economically. Never Compare The USA with Third world developing countries. Please be Sane ...





    sankar_203
    08-07 10:31 PM
    Congrats suresh..it's good to see Dec 05 getting approved..best option would be to get your wife here on F1..Some of the schools required only TOEFL ..after coming to US get married again in US and apply for 485..if she is currently working in india..u can try L1 too....ofcourse for H-1B u need to wait for one more year..i don't think US embassy in Chennai will get to know u got married unless she tells them..there is no fraud or anything in this..i believe it's like..don't ask, don't say..ur not cheating anyone..trying to find a small loop hole for a very good reason..

    Hi All

    I just saw the USCIS GC approval email notice - EB2-I - Dec 20'th 2005 Priority Date

    I have same issue as few others have. I'm not married yet. I have applied for GC and luckily the GC has been approved (when I really don't want it to be approved). ... Trust me I was praying god all the time.

    My priority date is EB2-I Dec 20'th 2005 and god knows how they approved it much before every one else. When all others really want their GC's.

    There are lots people who are in queue with Jan 2004 and later priority dates and whose cases are still pending... How could they approve my case so soon...

    I have scheduled for a travel to India on August 15'th 2008 to get married. I wanted to marry and get my wife to USA. I 'm engaged with girl at India and all set for marriage this month (August 2008).

    I believe my H1-B has been automatically canceled on immediate approval of GC.

    How do I get my future wife to USA?. What are the options left out to me now?.

    Please excuse me if this is a duplicate thread. I'm really in hurry and could not check all threads properly.

    --Suresh





    doggy
    07-21 07:19 PM
    Hi,

    If you check the bright future jobs website, you will not find any reference to such a "Call".

    Beware, calling the number might expose your phone number, and you might become a victim.

    Please be aware law enforcement has been notified, if anyone encounters any problems as a result, please contact law enforcement.

    I hope the deranged person who originally posted the message can receive help soon.

    BTW, if "Antis" is your calling card (it's rarely used in reference to those participating in the immigration debate) you might have exposed yourself a little too much.


    :-). Good try. Well, anybody can hide their number using the *67 !!

    Ask Donna. It went on her Bright Future Jobs email list, not on the site. It's supposed to be a secret call of the Antis.

    I have been fighting the Anti-immigrant propaganda for a long time, okay? Just because I created a new nym to hide my actual identity doesn't mean what I post is untrue.

    Of course, unless you are trying to divert people. :-). You took all the trouble of creating a new ID to denounce this? Surprising.

    By the way, folks. The number is not a private number. I did a google search on the number, and looks like it's used by a lot of people for hosting conference calls. Probably some kind of service.
    http://www.google.com/search?q=(219)+509-8111

    See you there.



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