Thursday, June 30, 2011

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  • venkygct
    08-18 10:15 PM
    My wife has got her EAD approval email today...We applied on July 22....

    EB2, TSC
    PD - 10/2006
    Applied on - July 17, 2008
    Receipt Date - July 22,2008
    No LUD
    Card Production Ordered on - Aug 18th, 2008




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  • beautifulMind
    12-17 01:05 AM
    been in us since 1999 and lost my earlier priorty date and now my priority date is Jan 2007...it sucks...the only good thing is i now have EAD and AP. everyone who is here fro last 5-6 years should be current with priority dates..




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  • bomber
    07-20 12:12 PM
    I pledge $100. Keep it up... yey baby !!!!!




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  • vinabath
    04-23 04:32 PM
    my opinions in bold
    Both parties ( employee and employers) bend letter and spirit of law. Think fake resumes, references, experiences on employee side. Think no salary on bench, lack minimum professional decorum, professional ethics on employers side. But overall my sympathies are with employee and more so in this case.

    -- How can an employer pay salary on bench when employee wants to be an independent contractor(80%) on w-2

    In > 90% of cases I have seen, Desi employers dont operate on good faith. A good example is punitive damages. The employer does h1B, incurs about 5K cost and expects the employee to serve out 12 months. The exit clause is 25K. Its downright silly and precisely what causes employee anxiety. Instead if it is prorated for stay, it would be fair for every one involved.

    -- 25k because its just not about H-1b costs. Its business. Business needs to make profits and be healthy. Business dont want H-1B employees who would like to stay for less than an year. It affects other H-1B employees and their immigration process. Businesses hate to ask H-1Bs from INS and cancel H-1s. It puts a blotch on the Business. Afterall INS give H-1B approval hoping that the employee works with the employer for atleast 3 years .


    Hoarding I-140, labor certificatio etc and giving no visibility is another deal breaker.I just dont get it.

    you are right but this is also forced by H-1B employees.

    Some one commented its a small world, apologize if necessary blah blah. If, for a minute the employer in this case thinks in positive way, ( My former employee would be at this place, couuld be in a position where I can sell more, i could get referral for new employees) he wouldnt be doing something like this which downright irresponsible and can cause significant damage to his shareholders. Being a small world goes on both sides.

    Thats pretty optimistic and long term thinking.

    For a techie, clilent is king. I would never displease the ultimate beneficiary of my services. Even after my project is over, I keep in touch, do occasional free consulting all in hope of building my network. But for employers like these, who add no value, i have no sympathies.



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  • gcspace
    10-02 08:53 PM
    I am still waiting for I 485 RN :( July 16 filed at Nebrasks signed by R. Pitcher
    Vivek

    Hi Vivek,
    What time was your package delivered on July 16th




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  • arnet
    06-28 03:20 PM
    thanks waldenpond.



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  • abracadabra102
    05-10 09:59 AM
    A suggestion about the contents of these emails/letters:

    Why do we insist on proposing the solution to our problems? One person wants to remove country limits, another wants 5 year EADs, yet another wants to file 485 regardless of priority dates.

    I see 2 problems with this:
    1- The external world doesn't care or understand. Do you think the average CNN viewer understands what retrogression or priority dates are? For that matter does anyone in the White House?
    2- This divides us by EB category, country, pre/post July '07, EB3 to EB2 porter etc.

    In your letters please focus on the problem. If invited to the table we can propose solutions, but now is the time to highlight the problems and the potential impact it has on the US economy, our families, and communities.

    Examples:
    Impact on US economy:
    - I have significant buying power, however I am unable to make any substantial longer term financial decisions due to immigration uncertainties. I may be asked to leave the country on a moment's notice. If there was some stability, I may be looking to invest in a home or a new business

    Impact on our families:
    - My spouse cannot work. She is qualified and capable. Yet due to the vagaries of the immigration system, she cannot pursue full time employment without significant additional paperwork

    Impact on the communities:
    - Most of us hold strong political and social views. The current system makes it untenable and in some cases illegal (like donating to political parties) to participate in the democratic process. In the grand machine that is the American democratic system, we are probably the only group of people that are taxed and yet have no representation whatsoever.

    Maybe these points are not strong enough. But if they are not, then it is not worth anyone's time to pay any attention. Find the legal immigrant population's "we do the jobs Americans will not do" slogan!

    -a

    good job!




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  • HarshJ
    11-06 02:09 PM
    Folks who opened an SR and had NSC-CSC-NSC transfers, what is the format of the ref # the Cust Service Rep gave you??

    I got a # of the format T1NXXXXXXXXXXXCSC format.



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  • lutherpraveen
    10-08 12:15 PM
    Same here. No update. Same parameters as yours.
    I am still waiting?




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  • zoooom
    07-19 07:20 PM
    ThinkTwice , very valid points.

    May i also take a minute to thank you for staritng the original thread on this issue. We would have never come to know about this issue otherwise. Thanks !

    I have requested Zoooom to do the same in the other thread and Zoooom is working on it. Thanks Zooom !
    Done...
    I am not sure what our target is but I have mentioned that I will monitor this thread for 2 days and depending on the number of people interested, we can set the limit and per person contribution. Lemme you if you have a better idea.



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  • sirinme
    09-30 10:30 AM
    I'm currently on my 4th EAD & AP, and I used AC21 twice so far to switch jobs (similar job descriptions, including the specific technologies I worked on). On both occasions, I have not informed USCIS. My attorney said one is not legally required to do so, and that we could respond if there is any RFE.

    But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.

    As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.

    I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).

    I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.

    Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.

    All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!




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  • anzerraja
    07-20 12:24 AM
    Thanks !!!

    count on me $100 and let me know how and when to pay



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  • avi_ny
    07-21 09:40 PM
    EAD application mailed to USCIS on 21 May 2008
    There was one RFE - USCIS requesed two photos. They were shipped on July 2nd.
    I have not received any FP Notice. (strange)
    Approved EAD (1 year) received on 21 July 2008 (Today)




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  • JulyFiler
    10-08 06:43 PM
    I'm currently on my 4th EAD & AP, and I used AC21 twice so far to switch jobs (similar job descriptions, including the specific technologies I worked on). On both occasions, I have not informed USCIS. My attorney said one is not legally required to do so, and that we could respond if there is any RFE.

    But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.


    As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.

    I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).

    I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.

    Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.

    All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!


    Let me ask you a question.

    When you renew EAD what will be the start date. For example:
    Lets say current EAD Expires 12/31/2007.
    I apply for renewal in July say 07/01/2007.

    When I get the new EAD would it start from 12/31/2007 to 12/31/2008 or sometime in July/August/September when it gets approved?

    Basically would the renewal date start from where the current one is expiring or from the dat it got approved?

    Thanks



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  • vshar
    07-22 09:44 PM
    I feel for the guys who have been waiting since 2001 for their green cards in the EB3-I/C category.

    To change the interpretation of how spillover is applied, you will need a better argument than "The system isn't fair."

    Why should the USCIS/DOS favor EB3 over EB1 or EB2? Unless you provide a reason that benefits America, no executive or law maker is going to touch this. You can see why this is a tough argument to make - The USCIS sees EB1 as better educated and more accomplished on average than EB2 and the same for EB2 over EB3. Are there exceptions to the rule? Ofcourse there are. But the law is designed to solve the most common scenario and not complicated situations like this.

    EB3 to EB2 isn't a slam dunk as many of you have correctly pointed out. One option is to move employers and find the right employer who is ready to file for EB2. While that may not work for everyone, it is the only known way out of the EB3 nightmare.

    I support measures that will alleviate your pain although this will likely not benefit my personal situation. Visa recapture is a real possibility at the end of this year - I recommend you support IV to accomplish this goal.


    You are not man but superman.




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  • praveenat11
    01-07 11:18 AM
    Hi guys,
    i got my FP notice on Jan 10 in NJ at 1.00pm.At which time do i need to go for FP in Arizona (M.S.T).



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  • joydiptac
    07-21 04:02 PM
    I am not interested to pursue this, nor do I have the ability to lead this effort. Plus I am very happy with the effort and the work IV is doing. Which is not for a specific category but a more general appeal. I support that.

    But for those who are interested - EB3 (India and ROW). The way USCIS is interpreting the law of spillover, can be easily challenged, because this goes against the spirit of the law. If EB2 and EB1 were to be given special preference at the I485 stage, then clearly they would have been allotted a larger quota to start with. should be a strong enough case for a Class Action Law Suit. Looking at the times that some people have been waiting and are expected to wait this is clearly an option to try out. IV or without IV. :)




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  • GCStatus
    09-14 04:41 PM
    LAST BUT NOT LEAST

    Guys, If some one wants to discourage us or post anything other than words of caution or advise. Please refrain from doing that. We want people to stay positive and throw more positive energy to this thread.[/QUOTE]

    You the MAN




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  • mmanurker
    02-15 02:27 PM
    Donated $100...

    Your receipt number for this payment is: 4620-5387-3448-6682




    krishnam70
    07-11 07:02 PM
    Are you a journalist by any chance? :D


    As i mentioned in the thread Gandhigiri in one of my first posts to support the flower campaign idea.. Rosa parks was the inspiration for MLK in this country for the civil disobedience This is very similar to how Gandhiji got the idea of Satyagraha from - guess who? Kasturba Gandhi.

    We need to carry on more things like this in a non-violent way at grassroots level to increase the visibility. Imagine what Gandhiji did in the 1940's with the entire media controlled by the Brits and with no other medium of communication available. We are in a far better situation right now we have access to media, can create our own blogs and we should use it to make our presence felt and highlight the injustice done to us.




    Rohan99
    10-14 04:24 PM
    Since these cases are seeing daylight, I have question about FP. Anyone who has got FP (only for cases if RN received after 9th oct )?

    I am planning to travel in November hence worried. If you know approx FP dates please let me know.



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  • tonyHK12
    02-08 06:00 PM
    thanks kumar4875, new2gc for your contributions.

    Amount raised = $1450.00
    Contributions needed = $48,550.00

    We are behind on funding for this effort and need at least $1000 raised everyday to have a successful advocacy effort.




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  • mhb
    07-06 07:50 PM
    Our law firm (Fragomen) actually sent someone directly to Nebraska on Sunday evening to file the docs at the USCIS office there...They filed Monday early AM.
    TSC reached 07/02 @ 10.23pm signed by L. Amrstrong




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  • dkshitij
    02-18 04:05 PM
    Same for me. What do I need to do to get access to donor forum ?

    You need to be signed up for recurring donations. One time donation does not count.




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  • simple1
    05-01 02:35 PM
    This is my understanding. Please take time to read INA, I485 application and current VB.

    1. The category of the derivative and quota of derivative is not related to I485.

    All that matter at the time of derivative I485 application is the
    a) primary's priority date is current
    b) primary's I485/AOS application pending.

    read the I485 application again Part2 option b. "My spouse or parent applied for adjustment of status or"

    Gurus, Forum-Attorneys, IV-Core, feel free to correct me.

    2. We are more concerned about the quota. where the derivative falls. I strongly believe they must be out of EB2 quota and placed under FB2A.


    There may be a chance that Eb2 india will touch 2008 in a year. and F2b will be at 2006. How dependet can file 485 as if they counted against F2A their date is not current.



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  • psk79
    08-28 09:43 AM
    I have seen several July 2nd Filers at NSC whose cases Transferred to TSC are getting receipts.That's good sign...,Does any july 3rd filer got receipt?

    I have only seen just one or two cases so far with receipts I mean filed on Jul 2. I myself am a Jul 2 filer NSC filer with TSC approved 140 and haven't gotten anything yet....I also had the LUd on 7/28/07.




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  • reddymjm
    06-13 11:31 AM
    My attorney told me that they sent my case to USCIS through FEDEX overnight on 6th June. My check is not cleared from my bank yet. I am concerned about my RD. Any idea?
    If it is NSC they are still working on 6/1/07 cases. Relax...



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  • viveckj99
    10-10 04:23 PM
    Right,
    looks like USCIS are giving us least priority.They may be thinking we are suppose to file a law suit when Visa are unavailable during July3 to July 16.
    Dont know where they put our application?do we get any rfe or rejection?
    Hi guys,
    it is very frustrating that most of the guys whi have filed between July 2nd -July 16 have been waiting either close to 90 or more than 90 days, just for the sake of the DAMN receipt notices.

    I have been very patiently waiting for the past 84 days (as i filed mine on July16th) and I see that even folks who filed just during the Aug 10th period are also getting their notices and getting their FP done.

    DAMN with USCIS sorting order, as those morons could not even implement a FIFO manner, if they had followed, we would have had our receipts long back.

    Once again, HELL with these stupid receipting process.

    Hope atleast some of you can understand the pain in the whole friggin process.

    FETCH_GC




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  • chanduy9
    07-03 12:20 PM
    Lets send the flowers and post the confirmation# here. July 10th fine for me.

    PD:August 2003.

    Unable to file 485 because of Lawyer and employer



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  • rahulp
    06-12 07:27 PM
    Anybody who filed after 06/04/2007, got receipt#

    I am just trying to see if NSC could go past the I-485 received on 06/01/2007. Many folks whose application was received the first day got receipt and receipt#. Is there anyone who applied later and got the receipt or receipt#.




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  • imh1b
    02-04 03:48 PM
    Why is everyone making a big deal about going to India?

    If you want to go , then go.

    Its good for the backlog. One way to reduce the backlog if there is no bill is to encourage people to leave USA for 'green grass'. If they leave, we get our green card soon and grass will become green for us.


    Let everyone be green and happy.



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  • brij523
    12-10 11:58 AM
    Hi other IV users,

    Did you read the post I wrote above? I think IV need some member who can do foot work. I think IV will agree with my assessment. What is others assessment? If we want to get something done we have to make some strategic and concentrated move.
    Not everything could be written on this site.
    If you are interested PM me. We can talk privately.




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  • royus77
    07-08 10:07 AM
    if there are more than 200 people then weekend works too, it will get coverage, but otherwise anything in DC must happen beginning of the week. Senators congressmen usually leave town Thursday night. So if the intent is to show tourists or if the intent is to show lawmakers is what we need to decide. If the numbers are high on a weekend, then automatically there will be press coverage. Somebody needs to prepare press statements and so on. It not about convenience more than needs, lets weigh in how many people can we get to participate first, firmly.

    I agree weekend we can get max participation . Also keep an eye on weather ( we dont want rain/t-stroms) and parking .


    Can we move the discussion to the thread created for the DC rally .



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  • raj3078
    10-30 10:48 AM
    You guys are making me sick and making me think that you are lobbying for numbersusa and alikes.....

    Senthil1 -
    Are you working for numbersusa? Do you know that it is made by white supremist who dont want any colored skin including native americans to be alive in US? Talk about your scare of getting too many people with substandard MS degrees. Do you not realize that the companies in USA knows a different in good US school and Bad one - So in nutshell the people from bad school wont get job? Do you know that there is nature's rule - Fittest Survival... So in case you are fit enough and qualified enough to get a job then you will get one, it does not matter if you are from good or bad school....
    Also, looking at your thoughts, it does not appear that you are MIT or Stanford grade material, so do us all a favor and keep your thoughts to yourself....

    Ombudsman - There is a questionmark on Senthil1's origination but we have no such doubt about yours.. You are definitely a MOLE in this IV Organization and the only reason they keep you on board is because this is democracy and we dont want to throw out someone who might disagree - Its about freedom of expression - But when Freedom of expression crosses the line and creates poison pill then we need to weed it out I guess.....
    In any case, I would definitely like to challenge your argument about 400 anti: 1 pro immigration calls. Are you aware of Avertising world rule that when someone does not like soemthing, they tend to tell at least 25 people about it, while when someone likes something, they might tell 1 person. In this case, this classic rule has applied beyond expectations because people who are calling are already racist who sit on their ass and expect all colored people to be their slaves and get things done for them. They want their mexican maid or indian computer programmer doing things for them but the moment they realize that these foreigners might get citizenship and be equal to them, they dont like that.... (and so do you)....So there you go....No wonder they pick up phone and dial....In any case, what better can they do?


    We cannot reject numbersusa and other organizartion's ideas. As our people are suffering in retrogession some of their people and their families are impacted because of job loss in past. So we cannot tell that they do not have crediblity. They have some valid points also though some of them are absurd. But we need to understand them and try to elimimate their fears also.


    QUOTE=purgan]when american's from such third rate schools are not getting jobs, do you seriously think foreigners with their funny accents and relatively poor English communication skills (I'm Indian and can tell you its still a second language to me) can get jobs??

    The market has a way of regulating itself. As someone mentioned above, there were a a lot of H1 space available from 2001-03. But it never got filled because there were simply not enough jobs. Lets not try to set up govenment intervention here....let the free market decide....that is what made this country great.

    btw, NumbersuSA, FAIR and other restrictionist organizations have zero credibility because they oppose even legal immigration.

    That poll....don't impress me much...[/QUOTE]




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  • GC08
    07-08 11:51 AM
    People have been thinking that all along and have been lying motionless like a crocodile doing sunbath. USCIS have been retrogressing the Visas and at the same time consistently wasting Visa numbers every years. Shouldn't they have already been sued for that. We'll not do anything today just because it take 2-3 years. But what if they screw us again after 2-3 years. Dodn't you think we should keep fighting for injustice even if the benifit may not come to our generation but should pass to coming generation. If every body will become so much short sighted nobody would care for global warming, alternative eneryg options etc...

    The suit is long over due. If we do not do it, they will never learn the lesson and they will continue screw not only us, but the future generation again and again. I wish the previous generation had done that for them as well as for us, and we would not have been in such a pathetic situation. :mad:



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  • ho_gaya_kaya_?
    12-16 06:42 PM
    Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...

    I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.

    SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.

    The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.

    Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?


    Think Positive- that's the first prerequisite for positive things to happen.

    I am quote content with what I have at this point
    8 months ago- everything looked hopeless.
    it seemed I was ages away from being able to change a job or ever get a GC
    but here I am - few weeks ago (fingers crossed) from being able to change jobs on AC21.

    So I thank God for the small mercies and carry on
    Would I like to get a GC? yes. Of course !!!
    But I do pause to thank for what I have and try to make the most of it.
    I am sure you too have lots to be grateful for.

    Chin up- and try not to think about GC so much...that works for me at least...




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  • pyaradesi
    07-20 10:27 PM
    Dear EB2 guys,

    This thread was started by one EB3 guy to discuss about EB3 plight. If you don't want to constructively ( including criticism ) participate in the discussion, can't you at least stay away from this thread ?



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    In America people having more debt has better credit history. In our country it would be considered stupid to give credit to a man in debt.

    If America is so unfair, who/what is compelling you to stay, heard there is an apartment available in Nandita's bulding in Bombay.



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  • cram
    06-15 09:53 AM
    My lawyer sent the applications on June 1st and we have the receipts already. They cashed the checks by June 6th.

    Did you send it to TSC or NSC.




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  • nyte_crawler
    05-04 02:56 PM
    I believe SKIL is another way of showing that politicians just want to start something to show that they are immigrant friendly. I don't know how far this can go through. My question is this,

    Does this mean that folks in EB3 pending will be exempted from quota, if they have a Masters from US ?




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  • bugsbunny
    05-03 12:46 PM
    Hi, all:

    I have a few questions regarding changing job, if anyone knows it , please reply to me. My current situation is:

    (1). I-485 was sumitted on 07/2007 and it is still pending. EB3 category.
    (2). EAD card valid until 10/2012.
    (3). H1-B visa valid until 03/2012 through my current employer.

    I find another job which similar to what I-140 describes. But this new employer is a job agency and unwilling to tranfer my H1-B visa. It wants me to work on my EAD card on 1099 form.

    So, my questions are:

    (1). Will it be problem if I work as independent contractor on 1099 form not W2 form?
    i think you can do this on EAD but confirm with and immigration attorney

    (2). Is there any problem to new my EAD card since I lost my H1-B visa?
    you can work on EAD without H1B but you will be carrying more risk

    (3). Do I need to inform INS about this job changing? If so, what docuements I need to submit?
    Yes you should file AC 21 related forms and supporting documents. your new job should be in "same or similar" category as you GC job as defined by dept. of labor job codes and descriptions.
    BTW its not INS anymore its USCIS


    (4). What if my current employer revoke my I - 140, does that mean my GC will be denied? what should I do if I want to keep legal?
    Make sure you obtain a copy of your approved I-140. If your current employer revokes it, USCIS might send you a RFE or NOID and you will need to respond with letter of employment from the new employer and submit supporting documentation that your I-140 was already approved and that your new job is similar to the old one.

    Thanks.

    Bruce

    see answers inline
    you can also ask your questions during the free weekly attorney calls we have on thursdays




    arihant
    05-03 12:05 PM
    GreeNever,

    The only clarification I would make over Knnmbd's interpretation is that as long as you have a US master's degree or higher, the "3 years work experience in a related field" restriction will not apply. If you read section 201 carefully, you will see that the difference between items 1 and 2 is that item 1 refers to US advanced degree holders while item 2 refers to advanced degree holders (resumably non-US educated). The 3 year restriction only applies to those who fall into item #2.

    So, if
    a) you have a MS from a US university, you and your immediate family (spouse and minor children) will not be subject to the 3 years restriction and will be exempt from the Visa Cap
    b) you have a masters or higher from an acredited non-US university, then the Visa Cap will not apply to you and your family, but you shouldd have worked in the US in a "related" field for 3 years.

    My question to everyone:
    Will folks in section 201 be required to get a Labor certification? If not, then this will provide relief to a lot of us stuck in the BECs.

    Knowledgeable folks, please comment.

    REMINDER: Any such bill is still MANY months away from seeing the light of day, if at all. BUT, favorable bills such as these give us hope.




    CHHAYA
    06-07 10:46 AM
    reddymjm,
    I will have to check with my attorney. But, my I-140 approval came from TSC but my I-485 application was sent to NSC.

    If anyone else has had a similar experience, please post your update here.

    Thanks.

    SAME WITH ME. MY 140 WAS APPROVED AT TSC BUT MY LAWYER SAID ALL SHOULD FILE 485 AT NSC ADN THEY WILL FORWARD TO TSC. STAY IN CONTACT.



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  • EB2_Jun03_dude
    11-28 07:49 PM
    PD: EB2 India - Jun03
    I140 approved: Nov 05
    I-485 applied: Jun 05
    FP1: Jul 05
    FP2: May 07
    AC21: Job changed twice (Jun 06 and Apr 07). Sent EVL to USCIS both times with 'same job description' but 'different job title'.

    AC21: Job changed twice (Jun 06 and Apr 07). Sent EVL to USCIS both times with 'same job description' but 'different job title'.

    This morning I received USCIS email alert for both my wife and I.

    My I-485 application got a RFE. "We mailed you a notice requesting additional evidence". Will have to wait for the formal letter for the details.

    My wife's I-485 application however was transferred to Newark NJ for interview. "This case has been sent for a standard interview."

    I have a ton of questions at this stage. here are few in you gurus can help me while I am waiting for the RFE letter.

    1) Will the RFE letter be mailed to me or my attorney ? what has been ur experience? do you get it in one week ?
    2) why USCIS has split the processing of my I-485 and my wife's I-485. Her I-485 is transfered to Newark, NJ while mine is pending at TSC (now waiting for RFE response).
    3) How much time will I have to respond to the RFE? Based on the new guidelines (http://www.murthy.com/news/n_timrfe.html) , I expect that to be stated in the RFE letter.

    thanks in advance.




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  • sriwaitingforgc
    07-24 11:46 AM
    I applied on June 12th, received 13th and notice date June 16th. I see some approvals for those who applied in that time frame and also some pending for those who have receipt date in May. Is the approvals being done randomly?




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  • unitednations
    08-25 03:31 AM
    Hello, one of my friend had recently filed for H1B and needs guidance

    Current Status : H1B expired, applied for renewal, converted to Premium processing to be able to renew drivers licence. He got an RFE asking tons of details about the company. The company responded, and was told by the lawyer that he is stuck in background check. He tried to contact a senators office to get the status and was informed by the senators office that USCIS intends to send him an denial notice and the case is with the clerical staff to send the denial, he would hear shortly from his lawyer.

    His I-94 has already expired, he has a 140 approved recently and has not yet filed 485.

    What are the immediate steps he needs to take to maintain his status in the country.

    Any guidance will be highly appreciated.

    Thanks,

    I have only seen one person get through background check in the last year. That was through senator intervention. Person got approved (it was a premium processing case). companies generally do not want to go throgh senator/congressmen intervention due to fear of tweaking uscis.

    Since his 140 is approved then he is not subject to the quota. However; he could just wait or file another h-1b with another comany. If he asks for I-94 card then uscis could ask for maintaining status. He is in what is considered a "bridge period". that is when I-94 card expires; you are legally here but if you fle an h-1b with another company then they shouldn't approve the second h-1b until the first one is approved (uscis doesn't always do this). Sometimes they approve the second one. However; if the first one gets denied then you wuld not be considered in "status" from date I-94 card expired until second companies h-1b got approved with I-94 card (would have greencard implications later).

    He could just file an h-1b with another company in premium (do not ask for I-94 card). If/when uscis approves it then he would have to go for visa stamping and get I-94 card at the border.




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  • ash0210
    03-09 11:32 AM
    I am from retrogressed country, I am here for last 12 years & did not got depressed as I do not have GC. In my early years in USA, I used to get depress as I was not having GC but then I started thinking...Is GC is the ONLY important thing in my life?

    I started concentrating on my work, constrained my self on checking now& then PDs, LUD's. If feellt depresssed - listening Indian classical music and involving in local commuitiy activities/helping kids in their studies..

    Life is beautiful, GC is just part of my life and GC do not drives my life..

    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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  • jonty_11
    07-28 12:02 PM
    alrite the same war of words again.. Lets just cut it and unite.

    I just wanted to disagree the with title of the thread.. All EB3 is "U" why only call to action for EB3-I.. Please dont limit your view of the world(in this case IV)...Work for the betterment of all in EB3 and EB2 and all EB categories....

    UNITE and we will WIN.




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  • mbsac
    10-18 12:06 PM
    My Checks were cashed today :)



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  • Mahatma
    12-20 03:07 PM
    here's my list. would love to hear others.

    1. listen to music.
    e.g. kishore songs.
    http://www.youtube.com/watch?v=FjjK_37OpNM
    sing !

    2. read a good book.
    e.g. Emerson essay on compensation.
    "For everything you have missed you have gained something else."
    http://www.rwe.org/works/Essays-1st_Series_03_Compensation.htm
    i think it's a very powerful essay for life.

    3. go to the gym. workout. jog. lift weights. play a game.
    table tennis really helps.
    resolve to be your fittest.
    adversity must make us stronger, not weaker.

    4. travel internationally
    take a trip to some country you've never gone to before.
    observe people's olympic struggles.
    it's part of the human experience.

    5. learn a new skill
    something you've always wanted to do but did'nt get around to.
    public speaking, dancing, singing...your choice.
    take a class at a community college or a university.

    6. go to temple or church or mosque.
    make a deeper spiritual connection with God.
    let him lift some of your burden.
    i listened to Hari Om Sharan after many years and experienced a real sense of joy.

    7. spend time learning about US government.
    get to know more about how government works. why does house vote differently than the senate ?
    get to know the 100 senators and 435 house reps. especially how they stand on legal immigration.
    our friends on the other side of the fence have done us a favor by organizing this information
    http://grades.betterimmigration.com/index.php3
    just reverse the grades. consider approaching reps/senators with your situation.

    8. learn from IV efforts of previous years
    many skills were introduced which could have helped us. what can we learn from what failed ?
    e.g. comprehensive immigration bill 2006. it passed in the senate but stalled in the house.
    Gandhigiri did work this year. it was a major success story we should celebrate and learn from.

    9. accept and enjoy the present.
    accept the present moment. breathe.
    enjoy nature - the sun, the moon, the heavens, fresh air and water. make new associations and friends.
    experiencing these gifts of life is enough to keep one happy.

    10. write it out.
    record the feelings you are going through in writing.
    capture the details.
    what was your journey, your expectations, your highs and lows ?
    you may see your struggles in a different light 10 years from now.

    This is one of the other best response. Rational, suave and truthful!




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  • sgupta33
    11-07 02:10 PM
    i am pasting the format. just higlight the receipt date in all cases. no need of metioning notice dat. it should not be counted at all.

    Dear Mr. Prakash ,

    My name is xxxxxx and I am currently working at xxxxx as xxxx.

    My I-485 was filed on July 2,2007 as an employment based application. My wife, xxxxxx, application was filed as a derivative applicant. It has been over 4 months and I have not yet got an apointment for finger printing. I called up USCIS and got a response from Nebraska Service center, where my application is currently pending, that my case is waiting for an opening at local ASC.

    We, residents of Bay Area, are suffering a lot from fingerprinting backlog, due to presence of few ASCs.
    Also, my case was receipted at CSC and transferred back to NSC. Such cases are taking unusually longer for FP appointments. This is quite frustrating as there are other people directly receipted at NSC in August who have got fingerpinting.

    I would greatly appreciate if you could take steps to speed up the process of fingerpinting appointments.

    My details:

    xxxxxxxxxxxxxx
    xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

    My wife's details:

    xxxxxxxxxxxxxxxxxx
    xxxxxxxxxxxxxxxxxxxxxxxxxxxxx


    Thanks a lot for your time
    xxxxxxxxxxxxxxxxxxxxxxxx

    Thank you for this information.



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  • StarSun
    02-09 10:53 AM
    Your transaction ID for this payment is: 32R78275M69540623.
    donated $50

    I will be in India around that time so cannot attend the campaign in person.

    All the best to IV .. hope we get the justice ASAP.

    Thank you psaxena for your donations. Please talk to members from your state and encourage them to participate.




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  • mita
    09-17 12:35 PM
    Call USCIS and enquire about your card and also verify if your address in their system is correct. Also, get an appt with local USCIS office. All the best!!!Did any body received the card or case status changed to Card production ordered apart from GCEB2?

    It seems there is progress only for GCEB2 for the gys who got the approval notice in August.

    Mine:
    8/12/08 - Appproval Notice email
    8/18/08 - Approval Notice mail (post)

    and nothing after that...



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  • abq_gc
    08-18 02:38 PM
    hey NC14... why dont u come and fight for my GC then....... since ur not so worried abt yurs........ why are u even visiting these forums.. if ur not so concerned....

    agreed... that we have to take up everyone's cause.. but well charity begins at home...




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  • akhilmahajan
    02-25 03:52 PM
    Thanks for your insight and observation.
    Do you believe in what IV is doing?

    If Yes, i will really appreciate if you can contribute and help us in any way. This is an organisation run by people like me and you, who have full time jobs and have families also. If we all can take out some time out of our busy lives and try to help IV, then everyone will know about IV.

    When we say we need to convince people, which is ridiculous, as i am 100% sure, everybody knows whats going on. We all are suffering and are here fort he long haul. If still people dont want to do anything, then no one can help us.

    So, Thanks a lot for your insight and help IV to help yourself.

    GO IV GO. TOGETHER WE CAN.

    Lack of convincing power that IV will do something. Lack of trust in IV organization. Lack of advertisements. lack of communication.

    How do successful organizations ask people to donate money? There is something to be learned. If the cause is right (we all know it is) then its a matter of delivering this message that will get people convinced. Lot of charities get donations. How? I think that is what we need to learn. Most desis are not even aware about this organization. I bumped into it via google search for my immigration answer. So lets throw some ideas around for better advertisements.



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  • coopheal
    11-18 01:04 AM
    Done




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  • sam2006
    08-14 06:36 PM
    I have yet to receive the card
    CPO mail on 08-09



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  • ramus
    07-07 10:44 PM
    Understand your point and agree too. But Monday is busy for everybody including me. I do want to participate and so are my other friends but Monday ior wednesday is just not good for us.
    But other then that we can make it any day. I am sure more people will do it on Friday morning..



    I recommend a Monday to a Friday. Most of the media/office folks will take friday off as well like you and me. Media will be fresh on monday and people will get good E fares to fly out into DC on Saturday and fly out on Monday night/Tuesday early morning (if at all some one comes out of town). Also forget the 1000 number. We can have a good impact if we have 300+ members and families. When you put a poll out there, have 2 options for sure

    a) I will come to DC on any day at any cost to attend this rally.
    b) I want to come but I dont know how it will work out, when the day comes.




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  • Ramba
    07-12 11:59 PM
    Suppose you're on the 3rd month of a 3-month contract on self-employment in same/similar occupation (a "permanent" job). Now, can't you say your "projected" annual income on self-employment, esp. if the project is *likely* to be extended for an unknown period? Another scenario: In a month you're *expected* to start working on a three-month project (@$60/hr). Can't you calculate your annual income ("projected," of course)?



    Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.



    H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.



    Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.



    If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
    -Learn about what is law, rules, regulation; which is binding which is not; then post here.
    http://immigration-information.com/forums/i-140-job-portability/4396-cis-memo-on-i-140-job-portability.html
    http://www.immitips.com/?p=1116





    Very good arguments. If they issue any RFE for your self-employment (if you are in it) argue with them with these points; and good luck



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  • go_guy123
    12-18 06:54 PM
    Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...

    I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.

    SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.

    The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.

    Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?

    I also came in 1999. I have lost hope and moved to Canada. Soon it will
    10 years since the last EB reform was passed in 2000




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  • gccovet
    07-24 09:44 AM
    Paper filed at TSC on May 22, 2008
    Service center: TSC
    Last LUD on May 29
    No updates since.
    Currently working on EAD and exires in Sept 2008

    ----------------

    Just called the service center and reply I got back was weird. Apparently their case status viewing system is down and will not be up and running for another 1 week. So, no info as of now and call back in 1 week :(

    Same here:
    Service Center : TSC
    File type : Paper Based
    Filed : May 29th
    No update since then:
    EAD Expires 09/08.

    Started to get worried!!! Hoping to get the cards in two weeks else will ask lawyer to look into the matter (Don't know what they can do in this situation)
    GCCovet




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  • bigboy007
    05-12 01:07 AM
    the title of thread suggests the meaning of divided interests... i think we all are ignoring one thing, lets say for ex. the administration changes its tune and makes all dates current. Then is that going to solve our problems will every one get GC right away? I dont know for sure what is the rationale for dates movement either becoz of demand of USCIS or any further directives but one thing for sure... Till Numerical limits disappear ( either by allowing recapture or eliminating country limits) no light in sight... May be it Flower campaign by "EBX" when EBX gets retrogressed is good for words...

    Recap is best bet , becoz with political support rest of world has its not that easy to make a law that will eliminate country limits.. It is there to help for some select countries and keep developing countries at bay.

    You got it just right. Dear friend, this is the truth for immigrant community. Everyone here stands for their own GC, how can we expect others to fight for you. So as and when USCIS hurts different categories, people come here and form a loosely coupled organization.




    Naveen
    05-04 07:59 PM
    Hello Sir,

    While opinions are good and welcome. My requirement is to see the exact INA language.

    I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?

    Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.

    Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.

    I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?

    Thanks

    Hello Madam,

    22 CFR 42.32 a(2),b(2),C(2) page 224

    http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/22cfr42.32.pdf

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.


    Hope this helps you sleep better at night.

    Thanks

    P.S: This is just to prove your attorney is wrong. Now thanks for donating and lets fight to remove the country limits and exempt dependents from the quota. Are you with us?




    spulavarthi
    09-03 04:19 PM
    I got the welcome notice in mail.
    I got the cards in the mail.


    I did not get the 'approval notice' yet(mailed on aug 22).
    Does it matter?

    sk2006,

    Can you provide more details about you PD, RD, ND, category and did you see any soft LUDs before you received your cards in the mail?

    Srini.