GCVivek
04-19 06:44 PM
It is simple: you could have a PhD and be on H1B but still not qualify for EB2 classification if the job you are in does not require enough education and/or experience to fall under EB2 classification.
You do NOT require Master's degree for EB2 classification or for H1B. The law does require "related field" but does not clearly specify computer science or anything.
You do require enough experience.
When applying for GC or during the stages, Educational Equivalency to US accredited Universities will have to be shown. This is the stage you might have an issue with showing that it is equivalent.
There have been thousands of instances where applicants have been disqualified from applying for GC and even their H1B revoked when initial degree was found to not be related to the occupation - examples: B.Com, B.Sc (Bio, Geology..except Physics/Math), B.Arch.
USCIS is now very strict. :( -but for the betterment of the whole system.
Hey,
I have Bachelor's computer's 3 years and MCA 2 years from IGNOU. I have over 7 years of Exp excluding frm my current company. Is EB2 possible in my case. My employer says its not cause of my education, can anybody let me know if they have done EB2 with this scenario. Appreciate your time. Thanks
You do NOT require Master's degree for EB2 classification or for H1B. The law does require "related field" but does not clearly specify computer science or anything.
You do require enough experience.
When applying for GC or during the stages, Educational Equivalency to US accredited Universities will have to be shown. This is the stage you might have an issue with showing that it is equivalent.
There have been thousands of instances where applicants have been disqualified from applying for GC and even their H1B revoked when initial degree was found to not be related to the occupation - examples: B.Com, B.Sc (Bio, Geology..except Physics/Math), B.Arch.
USCIS is now very strict. :( -but for the betterment of the whole system.
Hey,
I have Bachelor's computer's 3 years and MCA 2 years from IGNOU. I have over 7 years of Exp excluding frm my current company. Is EB2 possible in my case. My employer says its not cause of my education, can anybody let me know if they have done EB2 with this scenario. Appreciate your time. Thanks
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RNGC
11-25 02:45 PM
well said chi_shark.....
Here is my thought....Lets all start using EAD /AC21. IV should start a campaign that all IV members who have an EAD start looking for a better oppurtunity and use their EAD. Lets say about 10k people have used EAD, USICS just can't deny GC for those 10k people just because they used EAD.
So, lets be bold and start using the EAD. We are not doing anything illegal! It is a legal document and we waited so many years to get the EAD and now keep talking about being on H1B till we get our GC....Comeon people, lets do it in a united way.
Why are we so fearful ? I understand, it is our way of life. But, its enough. Get bold, take risk, worst case, you may have to seek legal help if needed.
Its just a GC, imagine the plight of people who have to go to Iraq/Afganistan, compared to their risk, using EAD is nothing!!!
Who is ready to use EAD now ?? I am very actively looking for a better oppurtunity and want to use my EAD.
Here is my thought....Lets all start using EAD /AC21. IV should start a campaign that all IV members who have an EAD start looking for a better oppurtunity and use their EAD. Lets say about 10k people have used EAD, USICS just can't deny GC for those 10k people just because they used EAD.
So, lets be bold and start using the EAD. We are not doing anything illegal! It is a legal document and we waited so many years to get the EAD and now keep talking about being on H1B till we get our GC....Comeon people, lets do it in a united way.
Why are we so fearful ? I understand, it is our way of life. But, its enough. Get bold, take risk, worst case, you may have to seek legal help if needed.
Its just a GC, imagine the plight of people who have to go to Iraq/Afganistan, compared to their risk, using EAD is nothing!!!
Who is ready to use EAD now ?? I am very actively looking for a better oppurtunity and want to use my EAD.
alisa
02-07 07:45 AM
And not just because I am from EB-3 ROW.
But, because everything that I have learnt seems to indicate that EB-3 ROW is getting a lot of visa numbers. So why the hell would it be stuck??
I wonder why EB 3 ROW is stuck at Aug 02. I guess it should move faster.
But, because everything that I have learnt seems to indicate that EB-3 ROW is getting a lot of visa numbers. So why the hell would it be stuck??
I wonder why EB 3 ROW is stuck at Aug 02. I guess it should move faster.
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forever_waiting
04-22 07:59 PM
Nope. You are misunderstanding the point again.
The Article clarifies that that Congress has the power to regulate immigration. they used the power and created the INS laws we have today, which as per Congress is the hallmark of US immigration. We have to change those laws specific to EB.
You are muddling immigration laws with civil rights. Your argument about the current law being in violation of ANY constitutional right is completely baseless. You did not respond to my question about how the civil rights clauses you quoted have anything to do with immigration.
There are far too many points here to address at one go. Let me touch upon this for starters:
The Article 1, Section 8 has this clause, regarding the power of congress:
Clause 4: To establish an uniform Rule of Naturalization
Are we disputing the fact that congress has the power to establish a uniform rule of naturalization?
No. We are not. We are just saying, that the current Rule of Naturalization is in violation of the discrimination clause in the constitution, and ought to be disregarded. We are not asking to strip congress of this power, so this argument you make is not relevant. Agreed?
More later ..
The Article clarifies that that Congress has the power to regulate immigration. they used the power and created the INS laws we have today, which as per Congress is the hallmark of US immigration. We have to change those laws specific to EB.
You are muddling immigration laws with civil rights. Your argument about the current law being in violation of ANY constitutional right is completely baseless. You did not respond to my question about how the civil rights clauses you quoted have anything to do with immigration.
There are far too many points here to address at one go. Let me touch upon this for starters:
The Article 1, Section 8 has this clause, regarding the power of congress:
Clause 4: To establish an uniform Rule of Naturalization
Are we disputing the fact that congress has the power to establish a uniform rule of naturalization?
No. We are not. We are just saying, that the current Rule of Naturalization is in violation of the discrimination clause in the constitution, and ought to be disregarded. We are not asking to strip congress of this power, so this argument you make is not relevant. Agreed?
More later ..
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logiclife
04-17 05:55 PM
The sad part is:
About 700-800 out of 3000 have contributed. And they are contributing again and again. Many of them have crossed $500 in personal contributions.
The other 2200 members have contributed nothing
About 700-800 out of 3000 have contributed. And they are contributing again and again. Many of them have crossed $500 in personal contributions.
The other 2200 members have contributed nothing
royalk2c2
01-31 06:26 PM
Also if you have multiple browsers (IE, Firefox), you can vote from each of them once :D
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Macaca
11-07 01:17 PM
There are companies with H-1B workers who are so-called ``on the bench,'' meaning they are ready to be deployed to a project. Hundreds of foreign workers are standing by waiting for work.
... for they know that they don't have to pay people on bench, even though by law they are supposed to ...
Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
... for they know that they don't have to pay people on bench, even though by law they are supposed to ...
Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
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seeking_GC
05-26 05:48 PM
If this is correct then we (all of IV) should support this bill and go all out to get this passed.
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gcseeker2002
06-23 11:14 AM
Looks like the insurance rates are much higher even if one person's age just touches 70 , this is with patriot and protection america.
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nik.patelc
04-04 12:11 PM
Does USCIS send RFE for both primary & dependent applications, if it is related to Employment?
Gurus, any advise.
Gurus, any advise.
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swamy
11-28 01:02 PM
I am not sure we want to gag him - it's kind of late too to do that. But letting the sponsors know they are encouraging hate-groups is good. If this would work CNN itself may have pulled the plug on him
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vbkris77
03-11 02:32 PM
Couple of points I disagree,
1. If we assume them as I485 apps, we also need to take Family numbers into account. So EB2 LCs can only be around 23000.
2. In 2007, Perm wasn't as hopeless as it is now. So people were getting LCs in less than 3 months.
So adding all these, here is my break up
Year LC# EB2 LC Visa #
2004 12000 5000 11250
2005 7000 2000 4500
2006 18000 8000 18000
2007-Pre 10000 8000 18000
2007-Post 15000 9000 20250
2008 1500 1000 2250
With this, if EB2 I is as lucky as last year. We should see PD of 2006 when we goto next year.
Again it is just a guess..
1. If we assume them as I485 apps, we also need to take Family numbers into account. So EB2 LCs can only be around 23000.
2. In 2007, Perm wasn't as hopeless as it is now. So people were getting LCs in less than 3 months.
So adding all these, here is my break up
Year LC# EB2 LC Visa #
2004 12000 5000 11250
2005 7000 2000 4500
2006 18000 8000 18000
2007-Pre 10000 8000 18000
2007-Post 15000 9000 20250
2008 1500 1000 2250
With this, if EB2 I is as lucky as last year. We should see PD of 2006 when we goto next year.
Again it is just a guess..
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chaanakya
08-13 06:10 PM
What a stupid post.
Do you really think that all EB3 people are no US-educated? EB2/EB3 is dictated by job requirements and not the actual qualifications of someone. I am graduate of a top ranked US university but applied in EB3 since my job didn't require M.S and my company didn't want to manipulate the job requirements.
I am sure there are many more like me who were qualified for EB2 but applied in EB3.
If this is the best you can come up, I really hope that this was your first and last post.
..."who were qualified for EB2 but applied in EB3. " ...Exactly my point. Technically I am qualified for EB1 but filed as EB2, hence i need to play by the rules governing EB2. Now if i begin lamenting that I am qualified for EB1 which is current and life is unfair since i am in EB2, how much sense would that make? My point is Don't crib if EB3 is retrogressed...use the system and become EB2, port your priority date, which is ofcourse dependent upon finding an EB2 job !!! All of this nonsense .."i pray someone does something for EB3" is going to get no one anywhere !! Fight for comprehensive immigration reform or HR 5882 recapture BUT for god's sake Do not blame the EB2 - India people who have played by the rules and are in a favorable position today relative to EB3 !!
The lawsuit against PD porting makes sense from an EB2 perspective and they are right to go ahead with it. Porting your PD from EB3 to EB2 makes sense from an EB3 perspective and every EB3 should try to do it before this door closes, if it does.
Do you really think that all EB3 people are no US-educated? EB2/EB3 is dictated by job requirements and not the actual qualifications of someone. I am graduate of a top ranked US university but applied in EB3 since my job didn't require M.S and my company didn't want to manipulate the job requirements.
I am sure there are many more like me who were qualified for EB2 but applied in EB3.
If this is the best you can come up, I really hope that this was your first and last post.
..."who were qualified for EB2 but applied in EB3. " ...Exactly my point. Technically I am qualified for EB1 but filed as EB2, hence i need to play by the rules governing EB2. Now if i begin lamenting that I am qualified for EB1 which is current and life is unfair since i am in EB2, how much sense would that make? My point is Don't crib if EB3 is retrogressed...use the system and become EB2, port your priority date, which is ofcourse dependent upon finding an EB2 job !!! All of this nonsense .."i pray someone does something for EB3" is going to get no one anywhere !! Fight for comprehensive immigration reform or HR 5882 recapture BUT for god's sake Do not blame the EB2 - India people who have played by the rules and are in a favorable position today relative to EB3 !!
The lawsuit against PD porting makes sense from an EB2 perspective and they are right to go ahead with it. Porting your PD from EB3 to EB2 makes sense from an EB3 perspective and every EB3 should try to do it before this door closes, if it does.
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vsrinir
09-17 10:53 AM
Most of the Member seats are empty
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anukcs
04-03 08:16 AM
Donated $50. Thanks to all volunteers. Wish i could be there in DC but I won't be able to make it.
Thank you.
Thank you.
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she81
01-31 01:40 PM
Voted twice for both the questions and also urged half a dozen colleagues to do the same.
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chicago60607
09-17 11:30 AM
Impeachement voting is done
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anzerraja
07-19 05:10 PM
Zoom, thanks for the initiative. Just wanted to make sure if there are any legality issues behind core accessing the IV funds for administrative costs. Because once we donate it to IV funds(unless there is a provision for them to access that money as reimbursement administrative cost) it may not serve the intended purpose.
WE ARE WAITING FOR THE RESPONSE FROM CORE TEAM ABOUT THIS IMPORTANT ISSUE.
Guys I am ready to pay my dues to core....If you want I can start a thread to track the payment only for the core members. Lemme know what do you think.
WE ARE WAITING FOR THE RESPONSE FROM CORE TEAM ABOUT THIS IMPORTANT ISSUE.
Guys I am ready to pay my dues to core....If you want I can start a thread to track the payment only for the core members. Lemme know what do you think.
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bigboy007
07-18 03:29 PM
the mailed date was recently added as a column.. till now ppl were using receipt date column as application reached.. wait till fp dates and notice dates get populated...the earliest i have seen is for ppl current in june who have a receipt date of 06/29
thats the same news from USCIS too that they just completed June please wait
thats the same news from USCIS too that they just completed June please wait
mpadapa
09-24 12:01 PM
This fellow who wrote this might be one of those arm chair critics who just criticizes everything if it doesn't favor that individual. What a moron. I am sure this fellow is clueless about how much effort is put into to make a legislation.
There has been lot of work done by many IV volunteers just to get a bill introduced. It is so stupid just to trash talk the efforts put in by the selfless IV volunteers.
All IV members has to be proud that we have been able to get a bill that addresses the GC backlogs. Hey one year back lawmakers were clueless about EB GC issues. Now majority of the lawmakers atleast have an understanding about EB GC issues. It is a matter of time before we succeed.
The easiest guage for the success of the IV efforts is to see the response U get from the lawmakers when U write to them about GC issues. Earlier U used to get a generic reply about undocumented workers and broken borders, nowadays U would be getting replies that talk about EB immigration. Isn't that an achievement. As a professional aren't U proud that U are give the respect U deserve rather than getting clubbed with undocumented workers. Ask for U'r self?
http://boards.immigration.com/showthread.php?t=286606 :mad::mad:
There has been lot of work done by many IV volunteers just to get a bill introduced. It is so stupid just to trash talk the efforts put in by the selfless IV volunteers.
All IV members has to be proud that we have been able to get a bill that addresses the GC backlogs. Hey one year back lawmakers were clueless about EB GC issues. Now majority of the lawmakers atleast have an understanding about EB GC issues. It is a matter of time before we succeed.
The easiest guage for the success of the IV efforts is to see the response U get from the lawmakers when U write to them about GC issues. Earlier U used to get a generic reply about undocumented workers and broken borders, nowadays U would be getting replies that talk about EB immigration. Isn't that an achievement. As a professional aren't U proud that U are give the respect U deserve rather than getting clubbed with undocumented workers. Ask for U'r self?
http://boards.immigration.com/showthread.php?t=286606 :mad::mad:
trueguy
08-12 09:09 PM
It won't help, if everyone starts porting, EB-2 queue will face a similar situation. Porting doesn't happen soon either. With delays in I-140 processing, it may be close to 2 years before you could file for a fresh I-485 with a request to port the EB-3 priority date. Note, this is a grey area and doesn't guarantee you the old PD. If the company is willing to foot the bill, go for it or else IMO it is not worth spending your own money.
Legislative or Administrative fix is our best option. We should focus on the recapture bill and other initiatives by IV, contribute and participate in the action items. We, as a community should raise enough money for lobbying etc.,
If you stay in EB3-I then you are the last one to get the VISA. If you port it to EB2-I then you put EB3-ROW behind and you get in line first in EB2-I bcoz you will have older PD.
Legislative or Administrative fix is our best option. We should focus on the recapture bill and other initiatives by IV, contribute and participate in the action items. We, as a community should raise enough money for lobbying etc.,
If you stay in EB3-I then you are the last one to get the VISA. If you port it to EB2-I then you put EB3-ROW behind and you get in line first in EB2-I bcoz you will have older PD.
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