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  • EB3_SEP04
    08-27 10:34 AM
    We have been waiting for more than 100 days. We applied exactly 120 days before our current EAD was going to expire. When I called USCIS (after 90 days) , Customer Service told that that don�t have our finger prints in file. I never got any notice and my lawyer said they don�t need finger prints for paper filed application and they should use I485 finger prints. So I took the infopass appointment. IO was nice and he was willing to listen. He said the same thing (missing finger prints). I showed him the fingerprint receipts from last year and also showed the USCIS memo talking about interim EAD. He said no to interim EAD. But called Texas Service Center right then. Person on the other end offered to call back in 5 minutes and he did. IO came back and told us that there was some thing wrong at their end and they will port my finger print information from 485 to EAD application. But he said it would take 10 � 15 business days more. Our current EAD were expiring soon and I called congresswoman�s office next day. Got the approval email yesterday evening. Don�t know what worked. But what a huge relief.

    EB-3-India (March 2003)
    Labor Approved: Oct 2006
    I-140 approved � Jan 2007
    I-485 applied � June 2007
    EAD (Renewal) applied � May first week 2008
    Called USCIS and Opened SR � August first week
    Infopass at local uscis office: Aug 20th
    Called Congress Woman�s office: Aug 21 st
    EAD Approval email: Aug 25

    Does this mean, if someone has never done FP for 485, will need to do it now for EAD even if it is paper based?




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  • phillyag
    08-25 08:49 AM
    I think you may see some action soon ...( did you have LUD on 8/21 ??)

    Thanks

    No I did not...the date before it was of back in 2008.
    My PD is Jan-17-2006 at NSC.




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  • desi3933
    06-26 02:01 PM
    EEO does not protect immigration status based discrimination. However Immigration Reform and Control Act of 1986 does protect against discrimination based on immigration status.

    https://www.oig.lsc.gov/legis/irca86.htm

    SEC. 102. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.

    Could you please show us, where in the link you provided, H-1B applicant needs to treated equally for job hiring as compared to GC and EAD workers.

    EOE deals with equality (i.e. equal opportunities) for hiring, job promotion, and firing.

    IRC Act 1985 deals with unlawful employment of aliens, unfair immigration-related employment practices, and fraud & misuse of certain immigration-related documents.

    Two different things.

    However, once H-1B applicant is hired, he/she is protected just like any other worker, for job promotions, training, and other work conditions. But employer is under no obligation to extend H-1B beyond any initial H-1B petition date. And, yes, H-1B can also be fired at will*, just like any other worker.


    _________________________
    Not a legal advice
    US citizen of Indian origin




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  • nogreen4decade
    08-31 05:43 PM
    You are being promoted as a fool from being an ignorant. The promotion is just for your assumption that all Southies do coding !!!

    All you freaking South Indians can do is sit on your ass and code all day long .... As soon as you fellows open your mouth we all get how intelligent you guys are .... As for drawing the line between North and South - Can we just seperate the Telugu, Kanada, Tamil and Malayalam people from the North and the rest of us Northeners will be just fine :)



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  • snathan
    02-09 12:41 PM
    Only five guys so far....pathetic.

    Guys Wake...are you the one want to fix the problem or just another free rider




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  • marty
    05-30 12:58 PM
    http://www..com/discussion-forums/i485-1/122557139/page/1/

    I am little pessimistic about landing as it might be a risk as you are already on AP. I read some people went on AP and come back no question asked. If you would've valid H1B visa, it might be easier. I had valid H1B approval and I use AVR to enter. If I had used AP to go back home, I would've abandoned the canadian PR. Its your choice.

    All the best.



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  • unitednations
    03-07 12:27 PM
    I hate to say this since I'm charged to the India queue as well. However this will not get solved soon. I saw on CNBC this afternoon that there were something like 53K H1b visas for Indians last year, next was china with like 8 or 9K, then others(I had no idea it was that lop-sided). When H1b visas are going so disproportionately to one country, the only solution to solve the EB green card logjam is to either put country caps on H1b visa or lift it on EB green cards. This is not opinion, it is quite simply a fact. Absent that, we can consider the EB green card route closed for anyone from India.
    There is little and declining sympathy for the pro H1b forces. I suspect we will see highly restrictive legislation pretty soon, and based on the current sentiment wouldn't bet against it passing either.

    I don't think people are in reality. We are in an environment that we have to be diligent that they don't make it harder then what it is; rather then making it easier.

    People started playing the devils advocate that if there is quotas on EB then there should also be quota on H-1b; sort of trying to say if there isn't quota on h-1b then there shouldn't be on EB.

    A little while ago; some Indian nationals who were here on H-2 visa to help with re-construcing mississipi and louisiana after hurrican katrina got the bright idea to do a march and go public with their grievances. Their grievances were that they paid $15K to come to USA; they were given poor housing, poor working conditions and they want to get greencards.

    Do you think they got greencards? No; now the law has been changed to not include India as part of H-2 visas.

    Everyone should try to understand the reality that we are in.




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  • kumarc123
    05-08 03:47 PM
    I dont believe in flower/food/sos campaigns to resolve this problem...just because it worked once before doesnt mean it is going to work again..have we pursued a class action lawsuit against Department of State/Labor/USCIS for unlawful discrimination based on the country of birth in Employment Based Visas. Any idea if IV core ever took up this path? Can we attempt to do this? What are the costs involved and can we get some good lawyer representation to this goal?

    We could rally in DC and consider a lawsuit, all these lawyers advertisements you see flashing on here, when are they going to come to use? I am sure they will be able to offer a good price, if not I am sure their are a lot if immigration lawyers waiting to be a part of IV community which is gaining some momentum.


    Guys I request you all, please don't wait for more time and keep contemplating your actions or putting down other IV members, we have argued and demeaned each other enough. It is my humble request, to get together and do something big


    Lets not waste time, may be our action will repeat July 07. A classic lawsuit against USCIS for Racial Discrimination which is pushing immigrants back to their countries, also we could involve professor Wadhwa's input on this.



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  • MightyIndian
    04-29 01:23 AM
    No. Tried to call NSC a few times and got diffferent stories on why my fp notice is being dealyed. I gave up trying after my last call 2 weeks ago wherein an IO told me to wait until middle of May.




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  • makemygc
    08-01 04:57 PM
    USCIS are doing internal transfer from more than a year(140 & 485). They are processing 140 and 485 at both the centers and requesting the application at NE only. It seems now you noticed.

    well they have started allowing for direct filing to each of these centers from July 30th. It's going to be another pre-PERM situation when place like nevada used to process labor in 3 months whereas NY was taking 2 years.



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  • minimalist
    07-27 12:16 AM
    1. When IV sucessfully reversed USCIS decisions last July
    2. Two year EAD's.

    Recapture would have solved the above problems automatically to

    EB3 I issue being debated now is something we wish we could have but has not much logical ground,in my understanding. July issue is to do with flip flop of USCIS. IV didn't protest to make all current. Just made them not retract what USCIS/DOS said a month back.
    2 year EAD is also for the whole community including future filers.

    Clarify one thing for me. How this new rule that is helping EB2-I is impacting EB3-I. Based on what I understand, EB3 World is directly impacted by this change. Can you help me understand how EB3 -I is impacted?




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  • nick
    08-21 06:24 PM
    EB3/PD-Nov'2004/I-140 Approved.
    I-485 - Sent July5th.
    RD - ?
    AD -?



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  • andycool
    08-25 05:51 AM
    Congrats man...U took off as well :)

    Thanks Buddy




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  • beppenyc
    06-21 04:16 PM
    No one thinks this is feasible??
    Is the only hope. Reality is that we have to wait for November and hope that Democrats will gain power at the House. Is important to undestand that only the conservative repubblican are blocking and killing the bill. We have to hope for the Democrats to gain control.



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  • saimrathi
    07-10 01:47 PM
    not sure, what the flowers will accomplish.. time will tell.. but writing to Senators/Representative may help.. so please do write to the senator/representative in your area...


    Hi Guys,

    I send a letter to senator Gregg(NH) Last week about July Visa Bulletin reversal by DOS and how its going to affect all individuals who filed their 485 based on original Visa Bulletin published by DOS.

    I Just got a call from Senator's office. He is sending a letter to DOS today or tomorrow asking about July Visa Bulletin reversal.
    I will post DOS reply as soon as I hear back from senator's office.

    Moral of the story is time for action when iron is hot.

    Thanks!




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  • Mehul
    11-30 09:03 PM
    Mehul,

    Sorry to hear about your diagnosis and our prayers are with you and your family.

    But as suggested by IV members, please do consider a visit to india and take second opinion from the Tata Memorial Hospital in Mumbai, its one of the best cancer treament centre in the world.

    US Healthcare system is for Profit, some medical facilities in US are exception, but if you see the overall Healthcare system it sucks and its all driven by insurance and big Pharmaceutical companies.

    Please send me the private e-mail if you need any help in Mumbai to reach good doctor in Tata Memorial Hospital.


    Thank you all for your help and support but I have made peace with my fate. I have pancreas cancer with VERY poor pragnosis and trust me I took 5 different opinions with the some of the best hospitals in US and Europe.

    Regarding my family, something is working out in Sweden and probably all of us will move there permanently in 1-2 months. We have some relatives living there.

    Thanks again for all you help. You guys really made us feel we are not alone.

    Good luck and Good Bye.

    Mehul



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  • eb3_nepa
    05-04 04:28 PM
    Guys

    These discussions about what you and i think about whether Bs or Ms is more important is totally pointless. First off this bill has yet to be brought up for discussion. Secondly any bill bringing any relief is good at this point in time.

    We are arguing and debating endlessly about a bill that may never even see daylight. I think the more important thing to do is, try and get this bill to be brought up for discussion.

    Simple example. If there are 20 people in the queue ahead of u and a the shopkeeper opens another fresh queue, whether ur part of queue 1 or queue 2 ur still looking at a smaller queue. Who is to say which queue will be longer? Do we have any stats that say out of the 300,000 legals waiting how may have and have not an advanced degree. For all you know the queue with Just the bachelors may end up being shorter. I am sure a LOT of us just on IV have come here on F1 and then went on to get H1s.

    Lastly i have a question about SKIL. When you say people with advanced degrees will not be counted against the quota, what EXACTLY does that mean? Does it mean that ppl with advanced degrees who have Not been able to apply for 485 can now apply regardless of PD? OR does it mean that the PD still applies but people who have applied will move quicker as they are not counted against the quota?




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  • buddyinsd
    08-31 04:21 PM
    note to admins: Please track down the ip address of this person. I'm gonna sue this person and i am dead serious. Please pm me with this person's ip address and i'll make sure i'll take action against him/her.

    all you freaking south indians can do is sit on your ass and code all day long .... As soon as you fellows open your mouth we all get how intelligent you guys are .... As for drawing the line between north and south - can we just seperate the telugu, kanada, tamil and malayalam people from the north and the rest of us northeners will be just fine :)




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  • gclongwaytogo
    10-10 01:32 PM
    Still Waiting.....




    mannan74
    12-01 03:39 AM
    From Drak70: Of all the responses I think this has a definite plan of action for Mehul, Please do as Drak says. May God bless you and your family.

    Dear Mehul

    Best Wishes for your and your family

    My suggestion would be that probably doctors have discovered metastatic cancer and have give you the prognosis.

    For your visa
    It seems you have already cleared most hurdles

    1) Talk to a immigration lawyer
    2) Talk to USCIS and ask for "Humanitarian Expedite". Call or fax them the document ask you doctor to write the letter
    3) get media attention: write to local congressman,senator and the local media TV stations to expedite your case
    4)Dont delay any day. Once you create an expediate request they are bound to act on it.(by either rejecting it or accepting it). The point is make an official request without delay
    In a similar situation i would try to straigten out few things
    First is finance Security :

    1)Try to transfer control and custody of all financial instruments to you wife name

    2)is you wife working if not try to get job on H1b.(not EAD) Cap exempt HIB from university affialted jobs are alsways available or get her to a school on f-1

    What does you wife want.She may not want to stay here if she does not have extended family.Talk to her.Ask here

    Lastly Get an second opinion from Indian APollo etc they may do life prolonging surgical procedures (which doctors here might not be willing for many reasons ...this will get you enough time that your green card is appoved




    somegchuh
    03-10 02:39 AM
    A lot of people can give you advice but I think it really comes down to making peace with yourself.

    I have been thru the pain of being stuck in LC for over 4 years and I can completely sympathize with you. I know it can be really frustrating. I have been thru swings of optimisim and pessimism in those 4 years. Ultimately this is what I have realized, there is always a price to be paid in life if you want to achieve anything in life. It is upto each one of us to decide if GC is worth the various years of being stuck in same job, wife being stuck on H4 is the right price for GC or am I paying too much. For me personally, I think I am paying a big price but I am like a businessman who has invested so much money and time in his enterprise that he's afraid to drop the venture and start another business. Actually a lot of us fall in this category.

    So look at it this way. Write down the price you are paying. Figure out if you still want to put your effort (and how much) in trying to get a GC. If you think its a venture that's not worth the outcome, there's your answer! If you think its worth the outcome but you are afraid you still may not get a GC, work on backup plan i.e. evaluate and apply for immigration to other western countries or evaluate and work on a plan to go back to your home country. Knowing the price and having alternate plans will give you peace of minds. More than anything else don't forget to have fun. A lot of times we get caught up in worrying about what might/might not happen in future and don't enjoy the present! Go out with your wife and have a fancy dinner every now and then ... do something spontaneous... Watch movies, listen to music, go bowling with friends ... whatever takes your mind off the routine!


    I see a lot of guys telling everyone who is frustrated saying: Let your wife get her own H1, why don't you buy a house on H1, why don't you have kids? Well, its good to offer suggestions but don't get condescending. Not everyone is fortunate enough to have a stable job that they can buy a house. Not everyone's wife is in IT and can get a desi co. to sponsor H1. Not everyone is at peace mentally enough that they can plan children.

    Well, I am TOO depressed about the BEC performance. I know too many people are in same situation but I find myself "helpless" and at least i want to SCREAM......:mad:



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