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sam2006

07-19 09:47 PM

good goin guys

lets shoot for 10-20 pledges tomorow


Comon show that we care for the Core team

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whyregisteration

08-28 11:38 PM

NSC has finished 7/24/2007 i-485 employment based:
http://www.uscis.gov/files/pressrelease/ReceiptingTimes082407.pdf

my 485/ead/ap package in 07/03 arrived NSC.

no receipt and not cashed:mad::mad:!

(140 was approved at TSC last year).

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Ram_C

11-06 02:09 PM

Yes, case was originally filed at NSC on July 2nd and on august 24th it got transferred to TSC.

Does the transfer matter here, because dingudi's case is not a transfer case and he's still waiting...

not sure how far its true but came across some posts on http://www.immigration.com
stating that transfer cases from NSC-TSC are facing some delays in FP (even after SR) compared to NSC-CSC-NSC cases. heard couple of success stories with SR from NSC-CSC-NSC cases.

I'm also in the same boat, haven't opened SR yet.

good luck :)

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jindhal

09-23 04:29 PM

Dude... Whatz up?

If someone ports from EB3 to EB2, then they deserve to be in the front of the queue. Nothing wrong in the process..

If someone ports from eb3 to eb2 they should get the priority date of the day they were eligible to file an eb2 and not be able to carry the date from eb3.
Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..

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metroparknj

02-15 03:40 PM

Contributed $100.
Receipt number for this payment is: 1383-9688-0638-3124

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gcdreamer05

08-27 02:47 PM

Holy cow... I cannot believe, I got my green card today...

My online case status changed to card production ordered today (1 hour ago).

I had filed during july fiasco and was not abel to send my medical tests , so had got RFE.
Then i took the medicals and sent the response in july 2009, and the status remained RFE response received for a long time.

I called NSC and opened a service request on Aug 18.

Guys believe me Service Request does miracles, they just approved it now.

So my journey came to an end after 7 years.

If I got green card, the whole credit goes to IV. You guys are really great, learnt a lot from this forum. Kudos to you all...

I will continue to visit these forums and help as much as I can.

I still cannot believe I got it.

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akilaakka

07-24 09:45 AM

EAD applied on June 04, 2008
EAD production ordered June 27, 2008
EAD received July 03, 2008

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sunny1000

12-15 11:52 PM

:D

Well, my old carcass is getting too aged to handle that anymore. So now I ease off the sauce and go to the gym.
But I do also try to notice and enjoy the silliness of the every day human condition. (Still to this day, I'm not sure why I mow my lawn, for instance.) A sense of humour is very important. Recognition that there are others less fortunate. And stay connected with friends socially.
And also recognize that fact that a green card won't make me magically happier beyond the immediate jubilation. Yes it is good to regain the rights we lost coming to the US. To speeches I'll still smile, nod, even clap and think "what a bunch of nonsense!" for privacy is the true freedom that you still have. But I'll still work for a living. I'll still put on a dress shirt to impress clients I'll never see. I'll still try to spend more time creating than managing. Not simply because my h1b legally requires me to do so, but because managing is intellectually trivial. Or one could say that managing is the work of man, creation is the work of the gods. ; )

Chin up!
-b

Good post!

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pitha

07-05 01:53 PM

If this guy from USCIS (Emilio T. Gonzalez) is an anti immigrant then he might think this is an appreciation from anti immigrants. dont you want to convey to him that these flowers are actually from people who got screwed by him and uscis

Hi,

I request every one who effected with the Revised JULY visa bulletin to send the flowers.
I am sure we get some media and political atten....

Select Occasion: "Sympathy"

The message: All the best for future Employment Based visa estimates

Delivery location type is Business, US Citizenship and Immigration Service

Address:

Emilio T. Gonzalez
20 Massachusetts Avenue, NW
Washington, D.C. 20529


Thanks,
Chandra.

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snthampi

02-02 07:21 PM

Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.

May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!

Good Luck to everybody!!

Good luck to you! I am also thinking on going back in couple of years, not because of the GC backlog, but to live rest of my life with my extended family.

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paraphrase

10-08 11:05 PM

I do not understand why people spend their energy in coming up with some lame ideas. Just because you suffer does not mean that your fellows have to suffer, what is the point of being a sane individual with that kind of thought process.

There are people who come here on all kinds of visas F1, H1, L1 and like this country and stay back and need a green card for convenience. Students who came here want priority over people who came on H1B. It makes sense from their point of view.

Similarly people on H1B who got stuck in several stages and had to change the company have their own point of view.

How bout having a lame rule saying that GC for people with I.Q of 140 and above?

(or)

How bout having a lame rule like if you have a family you will be penalized by putting you at the end of the line for GC?

The list can go endless..
Worry less about who is cutting the line and getting ahead and please concentrate and put your energy and come up with good ideas and showing what we are really capable of..

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desi3933

05-19 03:49 PM

7% quota based on national origin is based on law but it is clearly a biased and outdated law. It is beyond my comprehension why should we scared of initiating a litigation against the US government when it is clearly involved in blatant discrimination. The HSMP rules were challenged successfully by Indian high skilled workers in UK, why can't we do the same over here? I pledge to donate USD 200 for a lawsuit if such an action is initiated.

>> It is beyond my comprehension why should we scared of initiating a litigation against the US government when it is clearly involved in blatant discrimination.

What is stopping you to file such a lawsuit? Everybody expects someone else is going to solve their problems.

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amitjoey

11-17 04:14 PM

If Dream act becomes law, I will throw my visa documents and register my self as undocumented alien with undocumented birth certificate and get degree from a community college and get the visa.:D

You wont be able to do that if you entered the US at an age more than 16yrs old
DREAM Act beneficiaries must:

Have proof of having arrived in the United States before age 16.
Have proof of residence in the United States for a least five consecutive years since their date of arrival, compliance with Selective Service.
Be between the ages of 12 and 35 at the time of bill enactment.
Have graduated from an American high school or obtained a GED.
Be of "good moral character"[12]


That is why we need to participate in this action alert and have them consider our ammendments.

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bindas74

06-17 10:52 AM

Also, received Finger Printing (Biometrics) Notice today in the mail. Appointment is in three weeks.

Hi Gurus,

I was looking at the processing times for the NSC 485 applications and it shows March , 2007.

Does it mean that all June 1st filers will be getting their 485 approvals by September ( barring any RFE and name check delays)???
Or is it Wishful Thinking???

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sankap

07-09 11:58 PM

@desi3933:

1. From tax standpoint, W2 means the company (which could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. In fact, many staffing companies give you the option of working on a project or 1099 or W2. (Of course, the advantage of working on W2 is you can "transfer" your H-1B, if the company is willing to do that. But the advantage of working on 1099 or LLC is that you can deduct your business expenses, as a "Self-employed" or a Corporation.) Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."

2. True, your I-140 petition is for a "permanent" (definition needed) and FT job, since the sponsoring company has (supposedly) an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.

3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.

4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen many "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Likewise, a "permanent" job may last a few months (e.g., because of a recession).

5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.

6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?

7. On the link you cite, OFLC Frequently Asked Questions and Answers, the process for filing PERM is explained. The employer needs to fill out the Application for Permanent Employment Certification form. The PERM representation requirement does indeed say that "The job opportunity is for full-time, permanent employment for an employer other than the alien." First, how to judge a job as "permanent?" Second, just because the PERM has the requirement for a FT, "permanent" job, it doesn't imply that the "permanent" requirement would apply to the AC21 law.

I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".

7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?

Sankap -

Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.

1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.

2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.

3. I-140 is for permanent and full time job only. See Page 5 of
http://www.uscis.gov/files/form/i-140instr.pdf

4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)


5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.

6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.

7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.

8. Most of the full time exempt jobs in this country are permanent in nature.


___________________
Not a legal advice.

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bhavinkanani

08-25 11:10 PM

labor dec 2003 eb 3 i-140 filed on feb 2007 from nebraska, i-485 mailed on june 29th reached on july 3rd to texas at 9;04 am signed by V ANGEL no receipts, no checks cashed

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gc28262

06-28 09:33 AM

Thanks for your reply.

H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.

Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).

Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.

Now, coming back to your quote
This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.

In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.

It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.



Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.



_______________________
Not a legal advice.
US citizen of Indian origin


desi3933,

Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.

No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).

BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.

My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?

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amitjoey

05-25 04:30 PM

Thanks to all of those new people who are writing and calling senators. Please keep up the good work. Please also help people around you (H1-B, F1, L1) understand what is happening in the senate.

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FinalGC

09-01 10:58 AM

How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.

Pooja.......The way you are going, very soon, you will start saying Northeast guys vs MidWest vs Mountain Time people vs...Pacific Time people.......If you continue with this attitude, all you do is DIVIDE, rather than UNITE.....Maybe you need to understand that such comments are considered racists

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chmur

07-26 11:59 PM

There is not much use for just fighting EB3-I. You can send a letter or lobbey and they will hear it. Thats all. There are so much discrepancies in immigration policy of USA(The impact is for just for potential immigrants not for the country) I do not think they will spend time to resolve each and every small discrepancy. There are more more severe issues in the country than resolving EB3-I. Of course that is a big issue for those who are impacted.

But the problem will be automatically resolved if STEM/and or Recapture bill is passed. That is a big picture and that will get more attention than just lobbying for EB3-I.

"There are more more severe issues in the country than resolving EB3-I"
True ... and so I guess there no issues more important in the country than to recapture visas for legal immigrants.

With your approach IV should just keep quiet and hope for the best.

Agreed Recapture will solve most of the problems but at the same time it has turned out to be the most difficult one to achieve since it requires a legislation change.

All the immigrant community should support IV in it's effort to recapture .

But I cannot understand your ilk who are adamant that the entire community should only focus on recapture and doing anything else is blasphemous and attach negative conotations like "infighting", "Splitiing" ....it's absurd.

Such utterances can poetentially hurt the recapture issue by alienating significant community size .

Why was this mantra,"Only Recapture nothing else", not preached

1. When IV sucessfully reversed USCIS decisions last July
2. Two year EAD's.

Recapture would have solved the above problems automatically to

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rustum

08-29 12:01 PM

Hi,
My 140 is filed at NSC. RD is on 05/25/2007. 485 is reached NSC on July 27. Filed from Texas. What are the chances of getting transferred to TSC. Need EAD for wife as soon as possible.

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saptaswara

05-09 10:13 PM

The views expressed in the context of sending grammatically correct letters is appreciated. As such, it would make sense if we can send the same letter, which would not only emphasize the same point but would be grammatically correct as well :)

Sending poorly drafted letters may not speak well of our community please

Regards,

Saptaswara

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pappu

04-21 07:25 AM

Thanks. We are also looking for feedback from members who have already done this and any limitations and problems that they have faced. From employer point of view as well as your own point of view.

Has anyone done this more than 1 times?

How much % salary increase have you taken while changing jobs?
How different was your job description and profile?

What are the list of limitations that your own lawyers have given you that has limited you in your professional growth?

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madhuthomas

08-20 09:49 AM

I applied my EAD renewal on June 19th and AP on August 1st. Both are approved today(august 20th). The Ead status is Card Production ordered.

PD- June 2003 EB3-I

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sanjay

02-10 02:42 PM

As promised, I am contributing another $25.00 as $1000.00 has crossed. (Cheque has been posted)

I will again donate another $25 when we cross $2000.00

Comeon folks, we can do it.

So far...29 contributions only.....


GCCovet

Hi GCCovet,

As promised, I am contributing another $25.00 as $1000.00 has crossed.

I will again donate another $25 when we cross $2000.00

Details:
--------

Payment Sent (Unique Transaction ID #3LK7417540480844L)
Total:$25.00 USD
Date:Feb. 10, 2009
Time:11:23:38 PST
Status:Completed
Subject:Immigration Voice
Method: PayPal

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ramaskar

10-03 06:08 PM

Got all 3 RNs for Dependent (wife) But Not Mine (primary). Any one in the same boat.

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desi3933

07-10 12:54 PM

@desi3933:

That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.

Where did you read that requirement? Assuming, again?

A self-employed business is always real.

A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.

Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...

http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf


Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. ......

what does this mean?
confirm that the new employer and the job offer are legitimate

legitimate means bonafide. Isn't it?
For both, new employer and new job offer.

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gc_lover

07-03 07:20 AM

It is good to know that there are a few willing to do something about this!

But we need more people!

Even about 50 people is a good start! Come on people... spare a few minutes and take part in this protest!

Don't go on with your lives as if nothing happened and don't think that nothing will happen!

Most of us come from the land of Gandhiji... most of us have forgotten what that one little man achieved! But the fact is he couldn't have achieved everything that he did if the people of India didn't believe!

So start to believe people! You can make a difference!

Instead, lets "go postal" on USCIS

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caliducas

08-24 09:25 PM

July 3rd filer --> No receipt yet

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GumI485

07-03 01:44 PM

I would sent some cactus if there were options to do that.:D


GUd one!!!LOL!!!

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GCStatus

09-14 11:36 PM

I totally agree with you! We should energize the local chapters and organize some happy hours and get the word out!

I am willing to help out reach out members in my state/area. Please keep this thread going...great initiative!!

Yes GTGC

Like MadhuVJ and Man-woman-GC mentioned, we should start gathering personal details, Come up with any suggestions you may also have as well

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breddy2000

09-09 11:32 PM

Think its more along the lines of its smart to be illegal under current circumstances :cool:

THIS IS AN EYE OPENER......





Joe Legal vs. Jose Illegal



Here is an example of why hiring illegal aliens is not economically productive for US



You have two families: "Joe Legal" and "Jose Illegal". Both families have two parents, two children and live inCalifornia.



Joe Legal works in construction, has a Social Security number, and makes $25 an hour with payroll taxesdeducted.

Jose Illegal also works in construction, has NO Social Security number, and gets paid $15 an hour cash "under the table".



Joe Legal is paid $25 an hour times 40 hours for $1000 per week, $52,000 per year. Now take 30% away for State and Federal taxes and Joe Legal now has $31,231.

Jose Illegal is paid $15 an hour times 40 hours for $600 per week, $31,200 per year. But Jose Illegal pays no taxes. Jose Illegal now has $31,200.



Joe Legal pays $1,000 per month for medical and dental insurance with limited coverage or $12,000 per year. Joe Legal now has $19,231.

Jose Illegal has full medical and dental coverage through the state and local clinics at a cost of $0 per year. Jose Illegal still has $31,200.



Joe Legal makes too much money is not eligible for food stamps or welfare. Joe Legal pays $1,000 per month for food or $12,000 per year. Joe Legal now has $ 7,231.

Jose Illegal has no documented income and is eligible for food stamps and welfare. Jose Illegal still has $31,200.



Joe Legal pays rent of $1,000 per month or $12,000 per year. Joe Legal is now in the hole at -$4,769.

Jose Illegal receives a $500 per month Federal rent subsidy and pays rent at $500 per month or $6,000 per year. Jose Illegal still has $25,200.



Joe Legal now works overtime on Saturdays or gets a part-time job after work.

Jose Illegal has nights and weekends off to enjoy with his family.



Joe Legal's and Jose Illegal's children both attend the same school. Joe Legal pays for his children's lunches while Jose Illegal's children get a government sponsored lunch. Jose Illegal's children have an after school ESL program. Joe Legal's children go home.





Joe Legal and Jose Illegal both enjoy the same police and fire services, but Joe paid for them and Jose did not pay.

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ashshah

12-07 01:51 PM

Even I am waiting for my FP from TSC.

I was thinking , that maybe , because there are so many of us who have not received FP notices, should probably send a fax or e-mail to ombudsman as a group listing our receipt numbers or maybe just names and tell them the inconsistencies from their side in issuing the FP notices.

I have a good feeling that if the letter/email or fax goes as a group , then they may take some action.

Just a idea , any inputs would be appreciated.

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amitjoey

07-11 12:20 PM

Flower campaign has been a tremendous success. Look at how many inquiries we are getting. If you are in the particular city or state, where a reporter is trying to do a story, please come forward and contact these reporters.
What good is it to just hide behind an IV handle and suggest all kinds of ideas.

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yabadaba

05-05 10:54 AM

could the admin who deleted my post please pm me

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man-woman-and-gc

09-16 10:42 AM

I can pledge around 200-250 for this.

Go IV!!

Great Thanks. Please PM me your email ID, Ph# and amount u would like to pledge.

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vkotval

03-26 11:07 AM

I don't know how you have calclated that. As far as I remember seeing various threads on this forum, there are atleast 5-6K EB3 in 2002 and similar number in 2003 for India. Considering 2.5 number used per family I an guessing we need atleast 20-25K Green card numbers for EB3 to move beyond 2003. With just 3300 EB3 available per year, my guess is it'll take 4-5 years for cuttoff dates to go past 2003. I may be pesimistic, but this country's immigration system has taking all optimism out of our American dream...

Are we sure that there are around 5-6k EB3 pending in the years 2002 and 2003. If thats true then it will take atleast 6 more years to process all the EB3's for 2002 and 2003 :(

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Refugee_New

08-18 03:07 PM

All we are asking is to support some kind of action against the USCIS...
we just need to mobilize ourselves... this is not a fight for EB-2 or EB-3... but for the whole legal immigration system... let's just do something

we are looking at specific situations where the legal immigrant community was affected... and right now its the non sequential processing of the applications for EB-2...

for EB-3 we will need to make similar points which we can raise with Ombudsman or some other authority... we just need to find instances where people were affected... for example delays in EAD.. and that is for EB-2 and EB-3

What USCIS practise is unfair and unethical. Approving 2006 cases and leaving all those old cases is really an inhuman act.

What is the gaurantee that it will not happen to EB3 in the future? Let say in october EB3 becomes current and they start approving cases filed in 2006 and 2007 and leaving 2001, 2002 and other old cases, will you just keep quite?

Currently its happening to EB2. There's a 200% chance that it may happen to EB3 also. Becasue bloody whole immigration system is broken and we are taken for granted. There's no accountability here.

So its better to fight it out collectively. There's no point in dividing the community. Just think about it.

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immigrationmatters30

11-17 06:30 PM

Done

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dreamworld

12-13 04:42 PM

I am July Filer too I have not received evn a single receipt for anything. I called USCIS they said it is taking from 90 to 120 days so wait and call.

I had long dely in gettting my 485/EAD/AP receipts from USCIS and I wrote to my local congressman. It really worked and got the receipt numbers from congressman office.

Try to write to your local congressman and explain your situation in one page and give them your package tracking information.

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Rohan99

10-02 02:21 PM

I am just trying to make list of people stuck on July 3rd at 9:03 received by R.William. Appears that our box is lost.
Here is the information I got of people(July 3rd) still waiting

If there are more plz...added it to list
-----list-------
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99

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mita

08-11 11:02 AM

Guys,
Let us update any developments so that it might help others to know the chain of updates after receiving the magic e-mail.
Mita
Same exact sequence of events happened to me. I am sure we will have our cards this week God willingly.

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Happy birthday, Vichy! Women#39;s

man-woman-and-gc

09-16 01:53 AM

Who is the ADMIN here??

You may want to follow up with them via a PM or email. Check the IV core link.

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Happy Birthday Courteney!

imconfused

07-03 11:41 AM

Mr. "Imconfused", Please shut your mouth if you are not going to send the flowers. If u think u are not "Bol Bacchan" then why not you send the flowers first.

Others - I have sent the flowers to be delivered on 9th July Monday.


Good to see people getting instigated with these messages. Reverse psychology? India Shining? I am also you khet ki mooli... I am also Bol Bachchan ... hehehehehehehhhehheheee ... tu bhadak gaya yaar... yehi to india maar kha gaya... As they say, truth is bitter. :)

Go Figure

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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 ?



Men don't realize that make up is the magic that makes these ugly ones look pretty. :D



Because boss takes credit for all your hard work.



I beg to differ. I prefer Nandita Das over Katrina. Nandita is more brains with reasonable beauty.



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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GCStatus

09-17 12:55 AM

Folks

First of all, ask yourself the following points before continue reading.

1. Do I need a Green card at ANY cost ( Any cost = Waiting for yrs, Not willing to risk any other options, afraid to raise issues, not pinpointing flaws )

2. Willing to fight for justice.

If you chose the option 1, please stop reading further and good luck.

For the option 2, here we go.I am new to this web site and it seems there are approx 70k people here and lot more outside. Hugh enough to create miracles.

Just to remind ourself who we are. We are Highly skilled LEGAL immigrants. It not only means we are skillful but it also means we pay every damn tax which is out there. We pay for welfare. We pay for unemployed. We pay for pensioners. List goes on. We pay fees for every application processed by USCIS ( Labor, I-140,I-485,I-765,I-131 etc etc ). We pay rent. We buy cars. We buy houses. In short, we are nothing but GOLD to this economy.

However, this one department called USCIS is literally toying with us for yrs now as if we are slaves or we are obligated to them. We dont want anyone to do us any favour. We need justice.

Friends - I have self respect and i wasn't born chanting Green Card. I AM going to face them, confront them, demand them to provide justice, if not I want them to REFUND every penny i have paid so far. If this "I AM" becomes "WE", half the battle won. TOGETHER WE STAND, VICTORY/JUSTICE FOR ALL. If you are still hesitant, you made a bad choice of choosing option 2. Please go back to option 1.

ITS ABOUT TIME.

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gcspace

10-10 02:26 PM

Please update the list with your names,if not there.

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dc2007

12-17 12:57 PM

1. Good health (which we often take for granted)
YEs

2. US born kids (at least they are citizens, if that's important to you)

Not married no kids
3. US education (a different experience for sure)

No us education



4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)

No savings no big salary
5. Good work experience (this is transferable and more or less ensures a decent future)

Yeah just started career
6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)

Dont know about that

Been herr from 7 years..

Dear,

What are you doing for 7 years in US if you have not studied here and just started career ? or I have mis-understood what you said above?

But to me if you are not saving some money while in US, its not worth it staying here, away from family/friends.

Good Luck

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reddysn

05-27 01:39 PM

I sent mail to all 12 senators mentioned

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Refugee_New

08-18 03:11 PM

With this issue of priority date taking a back seat to notice date when dates are current :

While it is frustrating to the people with older priority dates (including me); it could very well be that USCIS is approving people with later priority dates sooner because its simply easier for them to do so. I really hope that this trend does not last beyond Aug-Sep. And in October, for EB2 - I, there is still a good likelihood that for people with priority dates < 2004, dates may still be current. So they can very well be approved from Oct onwards. So if I have to sacrifice a few months of waiting time to make sure visa numbers dont go wasted. I am prepared to do so.

Also it is very likely that people with older priority dates have a longer history in the US. So USCIS might need more time correlating all entry/exit time stamps, making sure we were in status all this while; but a person with 2006 priority date might have entered the US in 2005 & so less history to check.

Also there is the case where later priority dates were using PERM. since PERM was made to be less abusive than the previous LC process, maybe they take less time cross checking LC data.

immigration trackers.

One more guy with "LOW HANGING BALL" analogy. Hey Lord Labaku, romba nalla peru (very nice name but das is missing)

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hiralal

05-08 05:36 PM

I guess country quota was an idea to make sure that nationals from one country don't become a voting bloc ..plain and simple ..and hence illegal immigration became such a hot topic since it seemed that mexicans would become a huge voting bloc ...

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nixstor

08-19 07:15 AM

Guys,

There is no point in fighting over the inconsistency of CIS in picking applications. All of us know that a lot of people got approved last year during visa gate and many were left over even though their PD's are current. No one knows how USCIS picks an application for adjudication. It is clearly neither completely RD based nor PD based. It's up to the whims and fancies of CIS.
If IV were to make agenda's on the inconsistencies of USCIS, the list will be endless.

I have 04 PD and am waiting. I have friends with 06 PD's who got approved. I know its frustrating to watch your friends get approved and to have your own case pending for no reason. But this is NOT some thing we should be surprised about. CIS is trying to maximize visa number usage and trying to approve as many applications as they can. All of July 07 filers have passed the 180 days since the FBI name check has been initiated and ideally CIS should be approving applications with old PD's. We all know that we don't live in an ideal world. Imagine all these visa numbers going wasted. I personally (NOT IV) will try to get an answer to this FIFO issue, but the situation itself is short lived and probably will not exist by Oct 1st 08.

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apt29

01-29 05:42 PM

thanks for the reply but i already accepted the employment with the employer who sponsored my H1B

H1 is valid for an year from the date of last used/Approval.

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CADude

10-10 05:55 PM

I send my Employment based I-485/I-765/I-131 application on June 29th 2007 and received at NSC on July 2nd 2007 (USPS Express mail tracking no. XXXX). It�s more than 100 days and I didn�t even received the Receipt Number for all the applications.

I have following question for CIS Ombudsman�s office:

1) Per US Law, I have to get the EAD in 90 days of filling of my application? How I can get the EAD in 90 days where I didn�t even get the Receipt Number after 100 days?

2) Why �First In First Out (FIFO)� process is not followed by USCIS for receipting? It�s unfair to applicant like me when application filed on August 17th 2007 enjoying the EAD card and able to work.

3) What action you can will take to force USCIS follow their own operational manual guidelines and follow FIFO in future?

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anzarafaq

03-07 09:27 PM

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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psaxena

09-10 07:23 PM

YOu are a USELESS fellow. Thats right.. Immigration voice core are the ones who are doing whatever they can for you thankless idiots like YOU!!

Why do you care if they care about EB3 or not.. do you care? Seperate effort.. what will you do in that.. again a back bench behind the alias pushing others to do something, without donating or contributing. Who gave you even the right to write here and put your views when you cannot even can consider it trustworthy to donate 2 cents.

BTW keeps your "2 cents" to yourself. I hate reading the post like these.

In my opinion, we need to have separate efforts for EB3 (now that EB3 I and EB3 ROW are in the same boat). If we have someone with leadership qualities and wants to use some social networking site for discussing EB3 issues and identifying approaches to solve the EB3 issues, there will be many EB3 folks willing to support the effort. Immivoice is just useless portal, it doesn't have open forums and the core folks here don't care for EB3. In fact, their lobbying efforts were behind USCIS changing the rule for spilling over the unused visa numbers to EB2 first. Just my 2 cents.

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dtekkedil

07-05 01:39 PM

I think you have already decided to send flowers to make more impact change the message from "Get well soon" which I don't think anybody is going to get, send something "You have screwed my life, I hope you have a good day".

Again people.. please read the previous posts! The flowers should only contain the get well or sympathy messages. The rest will be taken care of in our letter to the media!

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nashim

06-01 06:32 PM

Hi Gurus,

I have couple of questions regarding my AC21 portability, please post your thoughts on this.

My I485 was filed in July, 2007 based on approved I140 (EB3 India). Now I have new approved EB2 PERM labor from same company and I am also working for the same GC sponsor company and planning to interfile to my existing I485 so that I can capture old PD in to EB2. My question is,

1) Can I invoke AC21 immediately after interfiling or do I need to wait another 6 months after interfiling?

2) Will there be any impact on my old I485 application in case of interfiling denial?

thanks

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newbee7

12-17 07:49 PM

Check out the story on GregSiskind about a family with kids seperated due to immigration woes. Thank god that at least most of us are fortunate enough to be with our loved ones.

http://www.omaha.com/index.php?u_page=2798&u_sid=10211326

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InTheMoment

06-15 10:03 AM

and which state did you apply from ? Looks like there is some relation to where it is processed (If your I-140 was not already approved before the USCIS bispec III...see my message before )

My lawyer sent the applications on June 1st and we have the receipts already. They cashed the checks by June 6th.

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kondur_007

07-28 01:11 PM

OK. So now we are fighting between EB2-India and EB3-India, are we?
Before it was ROW and India.
The Anti-Immgration folks spying on this forum must be havinga good laugh!

:confused:

I am sorry if it felt like fight Lasantha.

The point I am trying to make is that things will not improve if we point at each other...IV is a place to come together and fight.

If you read all my posts you would realize that I pointed this issue out in May (trying to predict what would happen to EB3 based on their interpretation). An something needs to be done for EB3 as many people are stuck with their families for several years. All I am trying to urge everyone is to come together and think of a concrete plan rather than doing the "word battle".

Once such plan would be to think what type of EB immigration policy change would we advocate in proposed CIR. (again I am sure discussion about this will heat up when "horses are out of barn"; but I think this is the right time to do it) CIR will surely come again on the floor after elections. We need OUR strategy for it...do we have one??
A strategy that would benefit everyone : may it be EB1, EB2 or EB3.

This is all about looking forward...

And with all honesty, any amount of campaigning from IV or any other organization is not likely to change August bulletin and what USCIS and DOS has planned to do in next couple of months. I have information to support this statement and I will post it soon.

What we can do is to change the law for good with CIR. For that we will need strength, if EB3s leave IV, we will loose our own strength.

I dont know how else to make my point...

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kg318

04-22 09:44 PM

After reading this post completely, here is my take. There are 2 things to view here:
1) employer and employee conduct.
2) non compete.

employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.

employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.

Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.

Lastly, if you consult an attorney, any good attorney should tell you 2 things:
1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.

I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:

1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.

2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.

3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.



thanks a lot kshitijnt.... my gc has been filed about 5 months back. At that point I wasn't planning to shift to PF otherwise i wudn't have made them file it. ya, as u said i shud have started with PF directy. Just because my company filed for h1b, i didn't wanted to ditch theem. Now I realised that its foolish in this fied to be considerate for someone especially desi employers.
Anyways will try ur way and see how it goes.

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ireddy

11-18 02:44 PM

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