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  • 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!





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  • arunsush
    08-31 10:09 AM
    Wanted to let those interested know that my 140 EB2 got approved yesterday after RFE.

    The RFE was on educational grounds. I have a 5 year integrated Msc in Physics and was -how a degree in Physics is equivalent to computer Science.

    My attorney submitted a detailed analysis of all the course and a fresh educational evaluation on the 28th and it got approved on 30th.





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  • munnu77
    12-08 05:25 PM
    Tell them how people are reluctant to make an investment in this country just bcos of this uncertainty..Make our story more about this country than just 'us'.





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  • ash0210
    02-06 02:24 PM
    Oh Boy...Big guys like "Aristotle" stuck in Retro...just Kidding...:D


    India, sorry for missing that in the earlier post.



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  • GCSOON-Ihope
    12-08 11:43 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?
    :) ;) :) ;) :) ;) :) ;) :)





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  • smartboy75
    10-02 12:09 AM
    hey p

    can u reply to my question ?

    Thanks



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  • shyamiv
    08-25 01:17 PM
    I have sent money using icicibank's M2I service . Usually they take 5 working days to remit the money(atleast 8 days to transfer). I made four transactions last week(mon, tue, wed, thu) and they already remitted the money using low conversion rate.

    It just took less than three days to remit the money this time. Bank deliberately did this just to steal money from me. I have lost more than 35 paise per dollar and it comes close to Rs 10,000. This is ridiculous and its a big robbery.

    How do i get my money back? How do i make a compliant about this bank? They have no one to assist me over the phone.

    What to do now?. Rs 10,000 may look too small for us. But how can we let banks to act like a criminals.

    Any help/suggestion/comment?

    It happened with me too. I ended up closing the account for which i had to pay additional Rs.1800 for the reason that i did not maintain a minimum of Rs 10k in the account in India. What a rip off !





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  • gccovet
    04-28 11:32 AM
    Stuck(no more)intheMuck,
    Nice compilation, thanks for doing this for all of us here.
    Just a note( i am not trying to deter anybody or argue against your compilation) that by law all foreigners are required to carry their passport, how many of us follow that, on that note, I will not carry original with me at all. just my 0.02 cents.

    Thanks again.

    GCCovet



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  • saileshdude
    04-28 02:09 PM
    In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
    AFAIK:

    AC21 is not a law, just a guidance. Assume an immigration case goes to court hearing, the judge would completely ignore AC21 guidelines. Any employment per AC21 will be considered unlawful in this case. The probability of a case going to court is not very common though.

    The above is just FYI.. You can google for more info.

    AC21 is a law. AC21 Memos issued are guidelines that IOs are supposed to follow. E.g. If one IO issues NOID if I-140 is revoked and another denies I-485 directly then the latter needs to explain why he/she chose to not follow the memo. In any case, there should be consistency across board to follow AC21 regulations.





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  • wikipedia_fan
    03-30 02:40 PM
    Forum Gurus - I got a denial letter on my 485. I am a July 2007 filer and applied for AOS in July 2007. My 140 was revoked by ex employer in August 2008 and immediately I got a NOID from USCIS and responded to it in a timely manner and my case processing resumed.

    But now, I got a denial stating that my 140 has been revoked in August 2008 and thats why my 485 is denied. My Attorney is filing for MTR and says it is a mistake on their side and will be resolved through MTR.

    It just baffles me that the person who sent the denial letter never looked into the system to see my case trail and blindly issued the denial notice. My Attorney says, it is very much possible that they do not look at RFEs or responses - they just issue denials when they browse through the 140s.

    I am EB2 India with a priority date of March 2006. I think some kind of pre assessment is going on. There are no LUDs and mine is at the TSC.

    Is there anyone else in the same boat? How long does it take for MTR to get processed?



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  • locomotive36
    01-24 07:15 PM
    Guys,

    How long it takes to get your passport back, stamped with a H4 visa, from the time you attend interview at the Chennai consulate.

    Do they delay even for H4's these days? Want to know the average turn around time to make travel plans.

    Please share your experiences.

    Thanks!





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  • coopheal
    08-13 10:48 AM
    Guys,

    Now we have poll results. What does these number mean to us? Any action item?


    All this poll proves is that new EB3 folks are more vocal. If we really need an action item then start supporting IV with money. Take part in IV action items to call reps.

    Face it other option of crying its not fare will not help us.



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  • pansworld
    12-03 10:03 PM
    It would be nice to have people donate and list down skills that they would be willing to contribute.

    I am not sure if its legal or not but various members can contribute their skills in exchange of donation to IV. This way members with skills are giving their time to IV and Members of the forum are getting sound advice/guidance/service for small contribution to IV. Examples can be many like CPA, Tax preparation, Doctors, career guidance, Online tutoring, Software consutlancy. I am sure all the members are "SKILLED" in various walks of life.





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  • kubmilegaGC
    09-17 01:32 PM
    kubmilegaGC - Heartiest congratulations! Go out and enjoy the freedom!!! You deserve it.

    @Cali - I wish we could have got it together - really! I know the frustration...But may be few more days and you will be through as well. lets keep the hope. You have been great although we got e-introduced only couple of weeks back...

    anyone who is in the same boat - write on the forums - help each other and provide any nugget that could change the game...I do believe I got tremendous help from this forum and the morale support that was needed just to bear through each day. It helped me with my emotions and provided guidance and some comparisons.

    It is easier said than done - but hang in there!



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  • manderson
    09-14 03:29 PM
    I think the best way to approach this thing is to increase visibility of the "American competitiveness challenged" idea. Which is basically - globalization has made it easier for foreign students and high skilled professionals to go to other places, besides the US. This is a long term problem for American competitiveness and immigration laws must be adjusted to solve this� (you see where I am going with this).

    Recently a group of influential CEOs pressed lawmakers and the Bush administration on the idea and subsequently several studies/ reports were released (I have attached one such report). Let�s build our case and momentum on this for next year (let�s face it: immigration reforms are dead for the year). I think the IV leadership has a huge opportunity in guiding/ co-ordinating such an effort.





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  • garybanz
    12-03 03:55 PM
    Most of the people on Immigration Voice come here for legal advice regarding immigration, what if IV negotiates a good rate with 3-4 Immigration attorneys and recommends those attorneys to members? Attorneys would get business due to IV recommendation, IV will get referral fee ($100-$200) per referral and members will get discounted rates from good attorneys.

    Do you think this can work?

    Cheers.



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  • gk_2000
    04-22 06:35 PM
    Well.. everybody is posting OPINIONS here, so whatever is your point there.
    Can you quote the section of the US constitution that prevents discrimination based on "country of origin"?

    Thanks for asking this. I found this: Civil Rights Division Home Page (http://www.justice.gov/crt/legalinfo/natorigin.php)

    IMO, rather useful in our discussion, though not relating to the constitution. But if you insist, I might point you to the 14th amendment ...

    http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitu tion

    Read the "Equal protection clause". It mentions this case:
    The Court has also struck down redistricting plans in which race was a key consideration. In Shaw v. Reno (1993), the Court prohibited a North Carolina plan aimed at creating majority-black districts to balance historic underrepresentation in the state's congressional delegations

    Do you agree that we can draw a direct parallel of this case to our case, where they are segregating visa numbers based on the country of origin?





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  • map_boiler
    07-18 09:17 AM
    Date Delivered To USCIS: July 2
    Time Delivered To USCIS: 7:55 AM
    Service Center: NSC
    Rejected: Don't Know





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  • srikondoji
    11-15 02:05 PM
    People will find list of US companies supporting SKILL bill and also trash talk from many citizens. Hope you will enjoy it. Do read the comments, that is where the fun is.

    http://www.steinreport.com/archives/009781.html





    nixstor
    05-23 04:52 PM
    if you all use little more IQ, you will realize that only with donation/money you will make a difference.
    We all are here to make someone rich(employers, local businesses). So if you can make polititians rich, they will do something for you!
    So stop calling... start donating to IV...

    Let me know if my thought is wrong!

    Money is important and has its place in the process. Grass roots effort is also important. What would you tell if some one asks which eye is more important to you? left or right? If this Q was a stretch, ignore it. I just used it to tell that $$ and grass roots efforts are important

    Money does not get every thing done. Corp America is doing everything they can to get H1B numbers increased. Do you think they are being stingy with the money they need to spend? They have stronger opposing grass roots groups like Numbers USA, FAIR etc. Our issue is a lot less volatile compared to the H1B increase issue. How ever our issue is unknown to many lawmakers until recently. I am positive that some members came to know about the bills when we called them or have been approached by our state chapters.





    caliguy
    09-15 11:36 PM
    Senators inquiry was initiated in first week of September. I guess that is TSC's way of saying F$%$ off....

    I am thinking.....I think they have black listed my application for hassling them too much :)
    How can I get in their good books now? :)



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