eb3_nepa
02-05 04:43 PM
thanks for explaining. my suggestion then is to go to school on F1 (maybe ?) and get a degree that can help him/her get a job that qualifies under H1b.
Our main goal to solve the retrogression problem.
Well then by that logic the US Govt can turn around and tell all of us the same thing right? This is our processing time, take it or go elsewhere :)
Also converting to an f1 has SERIOUS implications. For starters you have to shell out a LOT of money for a full time degree. Secondly in some cases the person may STILL not be eligible to apply for an H1 coz that job profile.
Lastly I did not mean we contact Human rights activists for the same.
Our main goal to solve the retrogression problem.
Well then by that logic the US Govt can turn around and tell all of us the same thing right? This is our processing time, take it or go elsewhere :)
Also converting to an f1 has SERIOUS implications. For starters you have to shell out a LOT of money for a full time degree. Secondly in some cases the person may STILL not be eligible to apply for an H1 coz that job profile.
Lastly I did not mean we contact Human rights activists for the same.
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GT7481
07-18 12:53 PM
Date Delivered To USCIS: July 2
Time Delivered To USCIS: 9.01 AM
Mode of filing :Fedex
Service Center: NSC
Rejected: Dont Know
Time Delivered To USCIS: 9.01 AM
Mode of filing :Fedex
Service Center: NSC
Rejected: Dont Know
desi3933
08-19 01:48 PM
YOU people are screwing us poor legal immigrants...don't YOUR people know even simple FIFO processing....are YOUR people so dumb that they don't understand how to read a calendar... YOU guys @#$!$$%
:D:D
(just kidding. could'nt resist getting at YOU folks... enjoy)
I understand your frustration. Believe me I have gone thru the same.
When I filed for my I-485 in 2000, the PD was current for me for 23 months in row when it got approved. Can you believe this? PD was current for whole 23 months while I-485 was pending.
One of my goals is to help my future legal immigrants. Being a US citizen gives me vote voice and power. I am open to suggestions. I would like to help my fellow legal immigrants.
I know, the wait time is long, but it is worth it every bit.
Good Luck to everyone.
:D:D
(just kidding. could'nt resist getting at YOU folks... enjoy)
I understand your frustration. Believe me I have gone thru the same.
When I filed for my I-485 in 2000, the PD was current for me for 23 months in row when it got approved. Can you believe this? PD was current for whole 23 months while I-485 was pending.
One of my goals is to help my future legal immigrants. Being a US citizen gives me vote voice and power. I am open to suggestions. I would like to help my fellow legal immigrants.
I know, the wait time is long, but it is worth it every bit.
Good Luck to everyone.
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InTheMoment
08-18 12:55 PM
Excellent point. It is called the Selective Service System (www.sss.gov), used when the President orders a military draft (like the ones during WW2 and Vietnam war)
You have to register (males only) if you become a Permanent Resident in the ages 18-26; otherwise you could have problems during naturalization (N-400 has a specific question for Selective Service) and securing Federal Student Aid.
You have to register (males only) if you become a Permanent Resident in the ages 18-26; otherwise you could have problems during naturalization (N-400 has a specific question for Selective Service) and securing Federal Student Aid.
more...
GC_sufferer
07-10 12:10 PM
His information is very clear, USCIS is HOLDING applications, but we don't know they will "ACCEPT" application.
I can trust this guy because of his recent past blogs which turned true.
Can i celebrate? I want to.
I can trust this guy because of his recent past blogs which turned true.
Can i celebrate? I want to.
H1B2GC
09-30 10:30 PM
NSC is known to create head ache for everyone. This another case of their incompetence.
1> This H1 petition was approved 1 year ago. I have the I-797 Notice with me. Then why did they re-open this case after 1 year of approval?
They would have re-opened the case based on some evidence that became available to them after the approval or simple because they don't have work to do. I'm just speculating, in such cases they issue a NOIR requesting additional information. Can you post the NOIR? The intent is to curb H1B and greencard and NOT providing good service.
2> My I-131, I-485, I-765 applications has been accepted and chqs encashed. What happens to them now?
Greencard is filed for a permanent future job, you dont need a H1B to get one. If you get your EAD, you are SAFE whatever happens to your H1B as you can continue to work on EAD.
If the above is regarding your employer, beware they might start reviewing your approved I-140.
If you acquire 180 days and I-140 remain approved and you use AC21 to join another employer or if your I-485 gets approved. USCIS cannot do anything - Nada.
3> What about my H1-transfer which is pending?
All that will happen in the worst case is your H1b will get revoked. You can take a couple of months vacation and come back on your approved I-131 and work on EAD till you get your greencard.
Don't go nuts, keep cool; The best is yet to come!
1> This H1 petition was approved 1 year ago. I have the I-797 Notice with me. Then why did they re-open this case after 1 year of approval?
They would have re-opened the case based on some evidence that became available to them after the approval or simple because they don't have work to do. I'm just speculating, in such cases they issue a NOIR requesting additional information. Can you post the NOIR? The intent is to curb H1B and greencard and NOT providing good service.
2> My I-131, I-485, I-765 applications has been accepted and chqs encashed. What happens to them now?
Greencard is filed for a permanent future job, you dont need a H1B to get one. If you get your EAD, you are SAFE whatever happens to your H1B as you can continue to work on EAD.
If the above is regarding your employer, beware they might start reviewing your approved I-140.
If you acquire 180 days and I-140 remain approved and you use AC21 to join another employer or if your I-485 gets approved. USCIS cannot do anything - Nada.
3> What about my H1-transfer which is pending?
All that will happen in the worst case is your H1b will get revoked. You can take a couple of months vacation and come back on your approved I-131 and work on EAD till you get your greencard.
Don't go nuts, keep cool; The best is yet to come!
more...
krishmunn
04-17 10:31 PM
You should not have gotton H1B visa in the first place, as H1b visas are for professionals and there are many professionals stuggle to get an h1b visas even after engineering degrees. In your case, IGNOU is a shame. Its worse than University of Pheonix. If you get a greencard in EB2, it will be a biggest mockery of the USCIS and department of labor.
I suggest you learn a thing or two about laws governing H1 and EB GC. From your various post it appears that you have absolutely no clue regarding these process nor do you know what a legitimate university is . Did you pass from a unaccredited university ??
BTW, one does not even need a degree for H1 .... absence of every 1 year of post secondary education can be substituted by 3 years of experience --- so US Government understands the importance of experience. But I agree , some wannabe US LPR/Citizen might find it difficult to understand the importance of experience.
Care to explain why "professionals with engineering degree" "struggle" to get H1 ? It is a pretty straight forward process if you have a "valid" job. If you work for a fraud consulting company , it is a different story however.
I suggest you learn a thing or two about laws governing H1 and EB GC. From your various post it appears that you have absolutely no clue regarding these process nor do you know what a legitimate university is . Did you pass from a unaccredited university ??
BTW, one does not even need a degree for H1 .... absence of every 1 year of post secondary education can be substituted by 3 years of experience --- so US Government understands the importance of experience. But I agree , some wannabe US LPR/Citizen might find it difficult to understand the importance of experience.
Care to explain why "professionals with engineering degree" "struggle" to get H1 ? It is a pretty straight forward process if you have a "valid" job. If you work for a fraud consulting company , it is a different story however.
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Vexir
06-14 11:35 PM
it's a "skin" if you were to wrap the thing celophane with your design you wouldn't see the wheel or the screen... I say play with the screen, the button but not the wheel. besides, you would rub it off in one day and then it would reaaly look like arse.
Obviously you've never seen an iPod skin. It does actually have holes in it for the click wheel and screen.
Obviously you've never seen an iPod skin. It does actually have holes in it for the click wheel and screen.
more...
walking_dude
04-26 11:56 PM
Newer version is - as should've been expected - more protectionist than before.
1) It prohibits H1B workers from working in contract positions.There is a redundant provision for the L1 visa as well (there is already a law which does this for L1). However it doesn't prevent American companies from keeping these contract workers in India or elsewhere and co-ordinate the work through web-conferencing, video conferencing, VPN/VNC etc.
2) It increases H1B fees by another 1000 dollars. There will be the added cost of advertising on DOL website. Also, the legal costs of navigating the audits. It also enables Tort attorneys to sue the companies on behalf of labor unions such as IEEE-USA, PG, Bright Future Jobs, Zazona etc. In essence it makes the whole visa program unviable. American companies cannot participate in the visa program without letting the DOL and the Tort attorneys poking their noses in the daily functioning of Corporate America. Imagine which company will apply for H1B when you'll have ads airing on TV from Tort attorneys - 'Have you been displaced by H1B worker? Call 1-800-TORT-ATTORNEY'?
3) It has a whole gamut of so-called 'H1B/L1B worker protections'. Unless and until the complaining foreign worker's visa status/GC status is protected against employer retaliation, these provisions will remain only on paper, as foreigner workers facing the prospect of forced departure from the country will not complain - extra worker protections or not. They might as well scrap these provisions and save some trees in the process!
4) It retains the provision that H1B/L1 worker must be provided all originals for H1B, Green Card etc. However this will be moot, as there won't be many H1B/L1 workers left in the US to take the benefit. They would already have moved to their home countries, brining the salaries down in their home countries die to excess supply. This combined with technical enablers are going to make outsourcing HOT. I think it's a good time to invest in the stocks of these outsourcing companies. Their returns are going to increase exponentially in a year. I am not surprised, if these companies send a 'Thank You' note to Senators Durbin and Grassley for making such a windfall possible.
If this year only 44,000 visas were used after half a month, wait until this law passes. There will already 10,000 or less visa applications. On a short term basis wages will sky-rocket, when companies are already struggling to make the ends meet. This will definitely make the usage of technological innovations such as the ones mentioned in point 1 more appealing to the companies. In the long run Outsourcing will become cheaper and more attractive.
Faced with accute worker shortage and unreasonably high-salaries driven scarcity in an economy under recession, Companies will have only 3 options. 1) Announce bankruptcy and get out of business salvaging what they can 2) Leverage technology to do outsourcing circumventing the need for visas 3) Beg the government for another 'Stimulus' and more borrowed money from the Chinese to pay the salaries.
This will hit hard the humanitarian immigration for refugees, asylees etc. USCIS is a government department run on visa application fees. As H1B fee-base reduces US government will have to appropriate more funds to USCIS to keep these programs running. The cost of these programmes will increasingly be borne by the American tax-payer. As jobs keep getting outsourced at a much faster speed tax-base formed by these H1B/L1 workers will shift to other economies benefiting them, the government will have to increases the taxes to make up for the difference. No doubt this will increase the tax burden on an average American - even those who had nothing to do with H1B, pro- or against.
The day this law passes will be a great day for Outsourcing, and a sad day for America.
Please stop H1 Vs L1 discussion and do not support those who aim to divide this community on various visa types, categories, nationalities etc. Any further attempts by any member in this direction will result in ban. We would appreciate if you read the bill posted by IV and provide some analysis on its content on this thread.
1) It prohibits H1B workers from working in contract positions.There is a redundant provision for the L1 visa as well (there is already a law which does this for L1). However it doesn't prevent American companies from keeping these contract workers in India or elsewhere and co-ordinate the work through web-conferencing, video conferencing, VPN/VNC etc.
2) It increases H1B fees by another 1000 dollars. There will be the added cost of advertising on DOL website. Also, the legal costs of navigating the audits. It also enables Tort attorneys to sue the companies on behalf of labor unions such as IEEE-USA, PG, Bright Future Jobs, Zazona etc. In essence it makes the whole visa program unviable. American companies cannot participate in the visa program without letting the DOL and the Tort attorneys poking their noses in the daily functioning of Corporate America. Imagine which company will apply for H1B when you'll have ads airing on TV from Tort attorneys - 'Have you been displaced by H1B worker? Call 1-800-TORT-ATTORNEY'?
3) It has a whole gamut of so-called 'H1B/L1B worker protections'. Unless and until the complaining foreign worker's visa status/GC status is protected against employer retaliation, these provisions will remain only on paper, as foreigner workers facing the prospect of forced departure from the country will not complain - extra worker protections or not. They might as well scrap these provisions and save some trees in the process!
4) It retains the provision that H1B/L1 worker must be provided all originals for H1B, Green Card etc. However this will be moot, as there won't be many H1B/L1 workers left in the US to take the benefit. They would already have moved to their home countries, brining the salaries down in their home countries die to excess supply. This combined with technical enablers are going to make outsourcing HOT. I think it's a good time to invest in the stocks of these outsourcing companies. Their returns are going to increase exponentially in a year. I am not surprised, if these companies send a 'Thank You' note to Senators Durbin and Grassley for making such a windfall possible.
If this year only 44,000 visas were used after half a month, wait until this law passes. There will already 10,000 or less visa applications. On a short term basis wages will sky-rocket, when companies are already struggling to make the ends meet. This will definitely make the usage of technological innovations such as the ones mentioned in point 1 more appealing to the companies. In the long run Outsourcing will become cheaper and more attractive.
Faced with accute worker shortage and unreasonably high-salaries driven scarcity in an economy under recession, Companies will have only 3 options. 1) Announce bankruptcy and get out of business salvaging what they can 2) Leverage technology to do outsourcing circumventing the need for visas 3) Beg the government for another 'Stimulus' and more borrowed money from the Chinese to pay the salaries.
This will hit hard the humanitarian immigration for refugees, asylees etc. USCIS is a government department run on visa application fees. As H1B fee-base reduces US government will have to appropriate more funds to USCIS to keep these programs running. The cost of these programmes will increasingly be borne by the American tax-payer. As jobs keep getting outsourced at a much faster speed tax-base formed by these H1B/L1 workers will shift to other economies benefiting them, the government will have to increases the taxes to make up for the difference. No doubt this will increase the tax burden on an average American - even those who had nothing to do with H1B, pro- or against.
The day this law passes will be a great day for Outsourcing, and a sad day for America.
Please stop H1 Vs L1 discussion and do not support those who aim to divide this community on various visa types, categories, nationalities etc. Any further attempts by any member in this direction will result in ban. We would appreciate if you read the bill posted by IV and provide some analysis on its content on this thread.
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GC_sufferer
07-11 11:48 AM
What is HLG?
HLG has confirmed that the CIS is not returning I-485 Applications back to those who filed I-485 during the first week of July. This is leading many to speculate that the CIS may reverse course and re-re-amend the July Visa Bulletin; whether the Visa Bulletin actually reopens remains to be seen. HLG normally refrains from commenting on rumors, but we have talked to several Washington insiders and believe that this is seriously being considered.
HLG has confirmed that the CIS is not returning I-485 Applications back to those who filed I-485 during the first week of July. This is leading many to speculate that the CIS may reverse course and re-re-amend the July Visa Bulletin; whether the Visa Bulletin actually reopens remains to be seen. HLG normally refrains from commenting on rumors, but we have talked to several Washington insiders and believe that this is seriously being considered.
more...
brick2006
06-03 05:41 PM
how come the so few are calling?
everyone has a EAD>...so no one cares for GC anymore..is that the case??
everyone has a EAD>...so no one cares for GC anymore..is that the case??
hot Dennys Funny Quotes: 42 Monday
rsrepala
01-20 07:13 PM
Count me in
more...
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newbee7
12-13 04:07 PM
Read for free might not get us the results. Even now, the "guests" (a vast majority of total online population), cannot post.
Most "guests" are the ones would have never contributed or participated in any activities including funding.
We should make this site paid for just for the terrific value of info provided. If people start contributing, they will also be more inclined to participate in action items. Alternatively, anyone who attends or participates in meetings could be given "IV bucks.
For new "guests" we should have a limited trial.
Most "guests" are the ones would have never contributed or participated in any activities including funding.
We should make this site paid for just for the terrific value of info provided. If people start contributing, they will also be more inclined to participate in action items. Alternatively, anyone who attends or participates in meetings could be given "IV bucks.
For new "guests" we should have a limited trial.
tattoo Images, monday again already
jetflyer
06-13 04:11 PM
when a EB3-I family gets a GC ..they should buy a lottery on that day..it is definitely one of their lucky days
I like that as it aligns with my thought that to get GC (EB India) you need better odds than hitting Lotto :D
I like that as it aligns with my thought that to get GC (EB India) you need better odds than hitting Lotto :D
more...
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doknek
06-09 09:14 AM
I initially called only half of the congressman and selected option 2 for the poll. Now I finished calling all. How do I change my vote to option 1? Or if someone could do that for me
Thanks
Thanks
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oliTwist
01-15 01:55 PM
:) Vote up for "Legal Immigration" :)
more...
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Macaca
11-07 12:32 PM
I want to give some fraud and abuse examples. Unfortunately, there are some bad apples in the H-1B visa program.
From The Grassley Visa Tax (http://immigrationvoice.org/forum/showpost.php?p=191337&postcount=1383) The Wall Street Journal Editorial, November 2, 2007
Department of Labor investigations reveal that some 90% of violations are paperwork offenses and good-faith misunderstandings.
From The Grassley Visa Tax (http://immigrationvoice.org/forum/showpost.php?p=191337&postcount=1383) The Wall Street Journal Editorial, November 2, 2007
Department of Labor investigations reveal that some 90% of violations are paperwork offenses and good-faith misunderstandings.
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jkays94
06-08 07:52 PM
You have to see my quote from the context of immigration. I never said illegal immigrants do not have any rights. Human rights are across the board. Every nation must follow these standards. Illegal immigrants can not sneak into a country and then demand that they should be given citizenship.
Regarding undocumented workers filing with EEOC, please quote me few cases like that. I doubt if it is ever possible. In my personal opinion, when such workers are subject to deportation when found, where is the foundation in that case? Are you suggesting that non-citizens can apply for jobs in defence and aviation and complain to EEOC if rejected?
Again this could be looked at from many angles. The right to march and demand citizenship is protected under the 1st ammendment. Whether they get the citizenship or not is another issue but indeed yes, as ridiculous as it is, one is free to have the audacity to make statements that may be ridiculous in nature and that is their right under the 1st ammendment to do so as long as they are within the borders of the US. It is these types of freedoms that distinguish America from many other countries, to the extent to where even a person subject to deportation has the right to due process. The 1st ammendment guarantees the freedom of expression. Freedom of expression further covers the right to free speech, press, assembly and to petition the government for a redress of grievances (which is what the undocumented are doing in any case) etc [more here (http://www.law.cornell.edu/wex/index.php/First_amendment)]
Indeed a Federal District court has already ruled that immigration status is not a matter that is debatable in a EEOC/discrimination law suit. If the below is not sufficient there are some actual cases involving undocumented workers who were not victims of human trafficking.
Federal Court Bars Employers From Making Issue Of Immigration Status In Discrimination Lawsuits (http://www.eeoc.gov/press/3-10-06c.html)
"We are pleased with the court's order because Title VII's protections against discrimination apply to all employees whether they are documented or undocumented," Burnside said. "Employers cannot discriminate against employees, and then threaten them by seeking information about their immigration status when they complain."
If you read my other post correctly, it said the exemption was with security clearance related jobs. The two types of jobs you cited more than likely require security clearance but if they do not then its fair game for a discrimination complaint. Security clearance is only available to US citizens. My point is that if an employer with more than 4 employees whose job offering does not require security clearance or does not touch on matters of national security has a job posting claiming 'US Citizens Only' and an eligible for work non US citizen eg Green Card Holder or H1-B, EAD holder applies and is rejected primarily on the basis of their national origin or immigration status then yes, they do have credible grounds upon which to file an EEOC complaint. Note that an employer is only supposed to ask for documents that identify eligibility to work when they have made the decision to hire and are filing out form I-9. For instance there is already a case where EEOC or the DOJ won a case because an employer insisted on seeing an employee's GC and would not take an EAD. In summary, I'm not suggesting, it is the law and I believe I have given references to the relevant sections in my other post. But if in doubt, you may want to check with a lawyer and not take my word for it since I'm not one.
Regarding undocumented workers filing with EEOC, please quote me few cases like that. I doubt if it is ever possible. In my personal opinion, when such workers are subject to deportation when found, where is the foundation in that case? Are you suggesting that non-citizens can apply for jobs in defence and aviation and complain to EEOC if rejected?
Again this could be looked at from many angles. The right to march and demand citizenship is protected under the 1st ammendment. Whether they get the citizenship or not is another issue but indeed yes, as ridiculous as it is, one is free to have the audacity to make statements that may be ridiculous in nature and that is their right under the 1st ammendment to do so as long as they are within the borders of the US. It is these types of freedoms that distinguish America from many other countries, to the extent to where even a person subject to deportation has the right to due process. The 1st ammendment guarantees the freedom of expression. Freedom of expression further covers the right to free speech, press, assembly and to petition the government for a redress of grievances (which is what the undocumented are doing in any case) etc [more here (http://www.law.cornell.edu/wex/index.php/First_amendment)]
Indeed a Federal District court has already ruled that immigration status is not a matter that is debatable in a EEOC/discrimination law suit. If the below is not sufficient there are some actual cases involving undocumented workers who were not victims of human trafficking.
Federal Court Bars Employers From Making Issue Of Immigration Status In Discrimination Lawsuits (http://www.eeoc.gov/press/3-10-06c.html)
"We are pleased with the court's order because Title VII's protections against discrimination apply to all employees whether they are documented or undocumented," Burnside said. "Employers cannot discriminate against employees, and then threaten them by seeking information about their immigration status when they complain."
If you read my other post correctly, it said the exemption was with security clearance related jobs. The two types of jobs you cited more than likely require security clearance but if they do not then its fair game for a discrimination complaint. Security clearance is only available to US citizens. My point is that if an employer with more than 4 employees whose job offering does not require security clearance or does not touch on matters of national security has a job posting claiming 'US Citizens Only' and an eligible for work non US citizen eg Green Card Holder or H1-B, EAD holder applies and is rejected primarily on the basis of their national origin or immigration status then yes, they do have credible grounds upon which to file an EEOC complaint. Note that an employer is only supposed to ask for documents that identify eligibility to work when they have made the decision to hire and are filing out form I-9. For instance there is already a case where EEOC or the DOJ won a case because an employer insisted on seeing an employee's GC and would not take an EAD. In summary, I'm not suggesting, it is the law and I believe I have given references to the relevant sections in my other post. But if in doubt, you may want to check with a lawyer and not take my word for it since I'm not one.
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Jerry2121
07-06 02:23 PM
When GCSOON-Ihope becomes GC-IgotIt!
Guys, guess what I am holding in my hand? Yes, that bit of plastic, object of our fantasies �.and nightmares. After filing Writ of Mandamus on November 1st, things went amazingly quickly and smoothly: on December 1st, the US attorney gave confirmation that the case has been approved and I received the card in the mail on 12/07.
What did I feel then? Really indescribable�Happy? It goes way beyond that.
I feel more relieved than anything else, like if I had a ton of lead off my shoulders�
May my story inspire, give hope and faith to all of you guys who are so depressed at the moment because of what happened, or did not happen should I say, in that shameful Congress.
As you will see, I had my head in a brick wall more than once. More than once, I was devastated and, still, I never gave up and made it through.
So, please, enjoy the holidays: as long as there is life, there is hope.
I know something about it:
Come here in 1993 as a student on F1 visa. Graduate and got Work Permit (OPT).
Find dream job in dream company. Hired directly by CEO himself.
Company loves me and applies right away for H1 and then Labor Cert.
Life is beautiful. The start of the American Dream. Not for long.
Attorney has been working for company for years. Always successfully.
Picks me for his first failure: screws up completely.
H1 denied. Labor Cert denied. Company gets mad: attorney is fired.
OPT runs out: company still loves me but�I am now out of status and�fired too.
Welcome to America. Life has turned dark. The start of my American Nightmare.
I am disgusted. Decide to go back to my home country (France).
I miss California. Find new company that loves me: apply for H1 again (this time, I am paying all fees, out of my meager savings).
H1 is approved, got stamp at embassy in Paris. I am back. Life is beautiful again.
Not for long. Exactly 2 hours (no kidding).
Find out that company is a sweat-shop and boss is a crook.
Pays me half (yes, half) what he was supposed to.
Go to INS to complain: �If you are not happy, go back to your home country�.
I swear that it is exactly what I am told.
Consult attorneys for a possible lawsuit: � Alas, your situation happens more often than you can imagine. Many unscrupulous employers use and abuse of would-be immigrants like you. Don�t waste your time and money in a lawsuit, just find yourself a new job�and be more careful this time�.
I am broke. Can�t even go back �home� and anyway I don�t want to.
Not with just my tail between my legs for the second time.
Home is here. I want my American Dream and I will get it, no matter what.
Decide to swallow my pride and endure the humiliation until I can find new employer willing to sponsor new H1 and pay all fees. I just can�t afford anything as I am hardly surviving.
Employer wants to fire me: �you are always complaining about the money�.
I have to threaten him (yes I did) to report his company to Dept. of Labor (most his employees are illegals and as abused as I am, not getting paid for overtime and so on�).
Imagine in what kind of atmosphere I am working�but I need this job to remain legal until I can find something else.
For sure, I will be out of there within a couple months at the most.
Don�t know yet that this nightmare will last�2 years. Still can�t believe it.
Had I known, I would have fled the first day, no matter what.
In my specialty, jobs are not easy to find.
Not to mention that this time, I have to be very �choosy��
Companies that I approach:
a) don�t want to hear about immigration or
b) don�t want to pay attorney fees or
c) don�t want to pay at least prevailing wage or
d) all of the above
All doors seem to be closed.
I have never felt that bad in my life: go see the doctor.
�You have all the symptoms of someone who is having�a nervous depression.
Do you want me to refer you to a good psy who could help you?�
No, thanks. I know why I am sick.
Finally find new company that loves me: apply for new H1 and they pay all fees.
H1 approved.
This time, I am holding my breath. We are now in December 2000. Seven years since I first came in the US. Time flies�and no GC in sight.
Job is nice, company is nice. Recovering from depression.
Boss loves me: decides to start for me RIR Labor in�.May 2001.
Yes, one month after that damn month of April 2001. You know what I mean.
Six months of advertising.
PD is January 2002.
Labor Cert approved �in July 2004. Concurrent filing I-140/I-485 in August 2004.
Get EAD. FP in September 2004.
Things change: company is now going down. Boss still loves me but�lays me off.
(Re)(Re) Start of my American Nightmare?
Attorney says: �Don�t worry (!!!) Employer loves you. Won�t revoke I-140. GC is for future job. Find new H1 job to maintain status and see what happens�.
This time, I am lucky (!) and find right away new H1 job. Company is OK, job is OK.
Later, previous company nicely recovers: got rehired!
Only thing: I will have to pay all fees from now on. Don�t care. Back on the right track.
Do Medical in April 2005.
I-140 approved in May 2005�but visas are now �Unavailable�. Nothing to worry about.
October is around the corner and new numbers will be available, right?
Just a few more months and I will have my GC. Wrong.
October bulletin comes out. EB3 World is back to March 2001 (PD is 01/2002).
I swear that I almost s..t in my pants. When is too much�just too much?
How much more frustration and anguish can I endure? More, much more.
By rage and stress, I pack up an extra 20 lbs in just a few months.
Most people lose weight when they are under extreme stress and/or depression, I do the opposite. I am now 40 lbs overweight.
Second EAD. FP again in October 2005. Life is paced by visa bulletins�
September 2006 bulletin comes out: EB3 World has now passed my PD.
I am holding my breath again. Rightly so, for the umpteenth time.
Third EAD.
Wait 2 weeks and start inquiring about the status of my application.
Call so-called �Customer service�: as usual they know jack s..t.
�Your application is still pending�. Thanks, I already knew that.
Make Infopass appointment at Los Angeles downtown office.
�Sir, I can�t tell you anything specific because your case is at the Laguna Niguel office.
Contact them at: CSC-XII@dhs.gov�
E-mail #1 on 09/18: (�) Status of my case? (�)
Response on 09/27: �the I-485 at question is still pending FBI name check clearance.
Once the file has been cleared by FBI, it will be adjudicated. The service has no control on how long it takes FBI to clear the case�.
E-mail #2 on 09/27: (�) When was that initiated? (�)
Response on 10/02: (�) On or about 08/19/2004. (�)
This time, I surprise myself: I am one more time devastated but remain strangely calm.
Even laugh about it. Nervously. Too much is just too much.
I had heard about that Name Check aberration before but had ignored it.
Like most people involved in that GC mess, I refused to worry in advance.
One bridge to cross at the time, please.
Weirdly enough, I am now almost relieved. Why? Because for the first time ever, I can be proactive and I CAN ACT!
I call my lawyer and tell her about those 2 e-mails: �That�s good enough to file Writ of Mandamus. That summarizes the whole situation, we don�t need anything else�.
WOM is filed on November 1st.
(I requested FOIPA and contacted Senators, President, Vice-President etc, etc�
only later just in case we would have needed more ammunitions).
After that, things go fast:
11/ 29: without any warning (!), LUD: �Your card has been ordered�.
12/01: confirmation from the Assistant US Attorney that my case has been approved.
12/04 LUD: �Your case has been approved�.
(So, they notify you that the card has been ordered�before notifying that the case has been approved�).
12/05: receive Approval Notice in the mail and my attorney indicates that she will then dismiss the Mandamus complaint.
12/07: receive the Magic Card in the mail (regular mail, even not certified, unbelievable�).
What a timing! Could I dream of a better Christmas Gift?
Who said Papa Noel/Santa or Banta Claus/Little Red Riding Hood did not exist?
:) ;) :) ;) :) ;) :) ;) :)
HI
Here is a run down on my case:
First I-485 applied in 6/2002,
Fingerprint done, EAD obtained in 2/03
Application withdrawn by spouse due to conviction
Second I-485 applied by my 2nd DW in 7/05
Interview granted in 5/06
Case still pending due name check
GC? till date
Anyone with a similar case and any advice on this case? I've spent about 30K USD on this case on Lawyers and still have NOT got any decision from the USCIS. Now , I'm considering filing a WOM. Whats your take on this? Thanks Guys!
Guys, guess what I am holding in my hand? Yes, that bit of plastic, object of our fantasies �.and nightmares. After filing Writ of Mandamus on November 1st, things went amazingly quickly and smoothly: on December 1st, the US attorney gave confirmation that the case has been approved and I received the card in the mail on 12/07.
What did I feel then? Really indescribable�Happy? It goes way beyond that.
I feel more relieved than anything else, like if I had a ton of lead off my shoulders�
May my story inspire, give hope and faith to all of you guys who are so depressed at the moment because of what happened, or did not happen should I say, in that shameful Congress.
As you will see, I had my head in a brick wall more than once. More than once, I was devastated and, still, I never gave up and made it through.
So, please, enjoy the holidays: as long as there is life, there is hope.
I know something about it:
Come here in 1993 as a student on F1 visa. Graduate and got Work Permit (OPT).
Find dream job in dream company. Hired directly by CEO himself.
Company loves me and applies right away for H1 and then Labor Cert.
Life is beautiful. The start of the American Dream. Not for long.
Attorney has been working for company for years. Always successfully.
Picks me for his first failure: screws up completely.
H1 denied. Labor Cert denied. Company gets mad: attorney is fired.
OPT runs out: company still loves me but�I am now out of status and�fired too.
Welcome to America. Life has turned dark. The start of my American Nightmare.
I am disgusted. Decide to go back to my home country (France).
I miss California. Find new company that loves me: apply for H1 again (this time, I am paying all fees, out of my meager savings).
H1 is approved, got stamp at embassy in Paris. I am back. Life is beautiful again.
Not for long. Exactly 2 hours (no kidding).
Find out that company is a sweat-shop and boss is a crook.
Pays me half (yes, half) what he was supposed to.
Go to INS to complain: �If you are not happy, go back to your home country�.
I swear that it is exactly what I am told.
Consult attorneys for a possible lawsuit: � Alas, your situation happens more often than you can imagine. Many unscrupulous employers use and abuse of would-be immigrants like you. Don�t waste your time and money in a lawsuit, just find yourself a new job�and be more careful this time�.
I am broke. Can�t even go back �home� and anyway I don�t want to.
Not with just my tail between my legs for the second time.
Home is here. I want my American Dream and I will get it, no matter what.
Decide to swallow my pride and endure the humiliation until I can find new employer willing to sponsor new H1 and pay all fees. I just can�t afford anything as I am hardly surviving.
Employer wants to fire me: �you are always complaining about the money�.
I have to threaten him (yes I did) to report his company to Dept. of Labor (most his employees are illegals and as abused as I am, not getting paid for overtime and so on�).
Imagine in what kind of atmosphere I am working�but I need this job to remain legal until I can find something else.
For sure, I will be out of there within a couple months at the most.
Don�t know yet that this nightmare will last�2 years. Still can�t believe it.
Had I known, I would have fled the first day, no matter what.
In my specialty, jobs are not easy to find.
Not to mention that this time, I have to be very �choosy��
Companies that I approach:
a) don�t want to hear about immigration or
b) don�t want to pay attorney fees or
c) don�t want to pay at least prevailing wage or
d) all of the above
All doors seem to be closed.
I have never felt that bad in my life: go see the doctor.
�You have all the symptoms of someone who is having�a nervous depression.
Do you want me to refer you to a good psy who could help you?�
No, thanks. I know why I am sick.
Finally find new company that loves me: apply for new H1 and they pay all fees.
H1 approved.
This time, I am holding my breath. We are now in December 2000. Seven years since I first came in the US. Time flies�and no GC in sight.
Job is nice, company is nice. Recovering from depression.
Boss loves me: decides to start for me RIR Labor in�.May 2001.
Yes, one month after that damn month of April 2001. You know what I mean.
Six months of advertising.
PD is January 2002.
Labor Cert approved �in July 2004. Concurrent filing I-140/I-485 in August 2004.
Get EAD. FP in September 2004.
Things change: company is now going down. Boss still loves me but�lays me off.
(Re)(Re) Start of my American Nightmare?
Attorney says: �Don�t worry (!!!) Employer loves you. Won�t revoke I-140. GC is for future job. Find new H1 job to maintain status and see what happens�.
This time, I am lucky (!) and find right away new H1 job. Company is OK, job is OK.
Later, previous company nicely recovers: got rehired!
Only thing: I will have to pay all fees from now on. Don�t care. Back on the right track.
Do Medical in April 2005.
I-140 approved in May 2005�but visas are now �Unavailable�. Nothing to worry about.
October is around the corner and new numbers will be available, right?
Just a few more months and I will have my GC. Wrong.
October bulletin comes out. EB3 World is back to March 2001 (PD is 01/2002).
I swear that I almost s..t in my pants. When is too much�just too much?
How much more frustration and anguish can I endure? More, much more.
By rage and stress, I pack up an extra 20 lbs in just a few months.
Most people lose weight when they are under extreme stress and/or depression, I do the opposite. I am now 40 lbs overweight.
Second EAD. FP again in October 2005. Life is paced by visa bulletins�
September 2006 bulletin comes out: EB3 World has now passed my PD.
I am holding my breath again. Rightly so, for the umpteenth time.
Third EAD.
Wait 2 weeks and start inquiring about the status of my application.
Call so-called �Customer service�: as usual they know jack s..t.
�Your application is still pending�. Thanks, I already knew that.
Make Infopass appointment at Los Angeles downtown office.
�Sir, I can�t tell you anything specific because your case is at the Laguna Niguel office.
Contact them at: CSC-XII@dhs.gov�
E-mail #1 on 09/18: (�) Status of my case? (�)
Response on 09/27: �the I-485 at question is still pending FBI name check clearance.
Once the file has been cleared by FBI, it will be adjudicated. The service has no control on how long it takes FBI to clear the case�.
E-mail #2 on 09/27: (�) When was that initiated? (�)
Response on 10/02: (�) On or about 08/19/2004. (�)
This time, I surprise myself: I am one more time devastated but remain strangely calm.
Even laugh about it. Nervously. Too much is just too much.
I had heard about that Name Check aberration before but had ignored it.
Like most people involved in that GC mess, I refused to worry in advance.
One bridge to cross at the time, please.
Weirdly enough, I am now almost relieved. Why? Because for the first time ever, I can be proactive and I CAN ACT!
I call my lawyer and tell her about those 2 e-mails: �That�s good enough to file Writ of Mandamus. That summarizes the whole situation, we don�t need anything else�.
WOM is filed on November 1st.
(I requested FOIPA and contacted Senators, President, Vice-President etc, etc�
only later just in case we would have needed more ammunitions).
After that, things go fast:
11/ 29: without any warning (!), LUD: �Your card has been ordered�.
12/01: confirmation from the Assistant US Attorney that my case has been approved.
12/04 LUD: �Your case has been approved�.
(So, they notify you that the card has been ordered�before notifying that the case has been approved�).
12/05: receive Approval Notice in the mail and my attorney indicates that she will then dismiss the Mandamus complaint.
12/07: receive the Magic Card in the mail (regular mail, even not certified, unbelievable�).
What a timing! Could I dream of a better Christmas Gift?
Who said Papa Noel/Santa or Banta Claus/Little Red Riding Hood did not exist?
:) ;) :) ;) :) ;) :) ;) :)
HI
Here is a run down on my case:
First I-485 applied in 6/2002,
Fingerprint done, EAD obtained in 2/03
Application withdrawn by spouse due to conviction
Second I-485 applied by my 2nd DW in 7/05
Interview granted in 5/06
Case still pending due name check
GC? till date
Anyone with a similar case and any advice on this case? I've spent about 30K USD on this case on Lawyers and still have NOT got any decision from the USCIS. Now , I'm considering filing a WOM. Whats your take on this? Thanks Guys!
jingi1234
12-13 10:48 AM
Was this the first attempt to get to USA? OR
were you working in USA and went for a visting to INDIA?
I was on F1 (to OPT to H1b) and planning to visit india in January,. I have to go for stamping.
Thanks
were you working in USA and went for a visting to INDIA?
I was on F1 (to OPT to H1b) and planning to visit india in January,. I have to go for stamping.
Thanks
pmpforgc
02-14 07:02 AM
Hi
It is really frustrating that some people instead of volunturing for effort tries to find loop hole or excueses in the IV's efforts. If you can not volunteer atleast support those who are doing that with lots of energy and determination for our cause.
Utlimately at a one day WILL WILL FIND A WAY.
If we are willing to help ourselves than only this thing will happen.
So keep faith in IV core and its efforts and be supportive to their efforts whenever you can.
IV CORE- Please ignore messages from some of the members and KEEP your ENERGY and EFFORTS towards our ULTIMATE GOAL AND MISSION. You all are doing an excellent work.
It is really frustrating that some people instead of volunturing for effort tries to find loop hole or excueses in the IV's efforts. If you can not volunteer atleast support those who are doing that with lots of energy and determination for our cause.
Utlimately at a one day WILL WILL FIND A WAY.
If we are willing to help ourselves than only this thing will happen.
So keep faith in IV core and its efforts and be supportive to their efforts whenever you can.
IV CORE- Please ignore messages from some of the members and KEEP your ENERGY and EFFORTS towards our ULTIMATE GOAL AND MISSION. You all are doing an excellent work.