diqingshen
07-11 11:42 AM
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.
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a1b2c3
04-29 08:57 PM
As I said in the preface of the list, the bigger objective here is to take certain steps, including proper documentation (e.g. points 2, 3, 4 and 5), in order to maintain PR status. Besides, you never know what documents you would be asked to produce, given that the citizenship process involves more extensive background checks than the GC process. Also, having a log of exit/entry details (point #5) should help quickly fill out Part 7 of the citizenship form (http://www.uscis.gov/files/form/N-400.pdf).
almost 1735 days away from N400.the form looks very long. is there again a long line for it?
almost 1735 days away from N400.the form looks very long. is there again a long line for it?
chanduv23
03-13 09:37 AM
could you please post the link to it. I can't find it. thanks
Immigrant Visas
Cut-Off Dates for Immigrant Visas
We are pleased to announce the April 2008 cut-off dates for immigrant visas for individuals born in India and those born in most other countries.
To qualify for an appointment, an applicant's priority date (the date that the petition was filed) must fall before the cut-off date for the appropriate category.
The following numbers are derived from the Department of State's Visa Bulletin. If you have additional questions about cut-off dates and your case is being processed at the U.S. Consulate General in Mumbai, please e-mail us or call us at +91-22-2363-7407 between 2 and 4 p.m. IST.
Category India Most Other Countries
F1 22 February 2002 22 February 2002
FX 1 May 2002 1 May 2002
F2A 8 May 2003 8 May 2003
F2B 22 March 1999 22 March 1999
F3 22 May 2000 22 May 2000
F4 22 November 1996 22 July 1997
E1 Current Current
E2 1 December 2003 Current
E3 1 October 2001 1 July 2005
EX Unavailable Unavailable
EW 1 March 2002 1 March 2002
E4 Current Current
E4-Religious Current Current
Immigrant Visas
Cut-Off Dates for Immigrant Visas
We are pleased to announce the April 2008 cut-off dates for immigrant visas for individuals born in India and those born in most other countries.
To qualify for an appointment, an applicant's priority date (the date that the petition was filed) must fall before the cut-off date for the appropriate category.
The following numbers are derived from the Department of State's Visa Bulletin. If you have additional questions about cut-off dates and your case is being processed at the U.S. Consulate General in Mumbai, please e-mail us or call us at +91-22-2363-7407 between 2 and 4 p.m. IST.
Category India Most Other Countries
F1 22 February 2002 22 February 2002
FX 1 May 2002 1 May 2002
F2A 8 May 2003 8 May 2003
F2B 22 March 1999 22 March 1999
F3 22 May 2000 22 May 2000
F4 22 November 1996 22 July 1997
E1 Current Current
E2 1 December 2003 Current
E3 1 October 2001 1 July 2005
EX Unavailable Unavailable
EW 1 March 2002 1 March 2002
E4 Current Current
E4-Religious Current Current
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gc_lover
07-18 01:47 PM
PD: Sept 2003/EB2
Reached USCIS: July 2nd 2007, 9:01 AM
Rejection: Unknown
Check Cashed: Don't know, company's check
Reached USCIS: July 2nd 2007, 9:01 AM
Rejection: Unknown
Check Cashed: Don't know, company's check
more...
wandmaker
03-30 02:51 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?
Nothing to panic, browse through chanduv23's posting(s) - you will be back in track in few weeks.
Most recent case is at http://immigrationvoice.org/forum/showthread.php?t=23800&highlight=revoked+denial
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?
Nothing to panic, browse through chanduv23's posting(s) - you will be back in track in few weeks.
Most recent case is at http://immigrationvoice.org/forum/showthread.php?t=23800&highlight=revoked+denial
JulyFiler
08-14 07:23 PM
I agree completely with the OP. Education should be rewarded. People with higher education should be rewarded likewise. PhD > MS > B.XXX. If you have done masters and possess higher qualifications but had to apply in a lower EB category it is your problem or the job you applied for does not require higher qualifications. Either way, it is not USCIS prob.
I also agree with the fact the OP mentioned that MS folks and PhD folks who sweat out eventually end up losing more financially. This is the first time I am seeing some relief/reward for higher qualified people. I have seen people (have friends too) who came in 2000 straight on H1 and have been making big bucks since then and stuck in EB3. I have seen my friends port to EB2 and get GC. All this makes me feel like I have wasted 2-3 yrs in getting a masters. It is time we got rewarded. This does not mean I want others to be punished. I am saying people with higher qualifications need to be rewarded.
Chanakya has posted very balanced views. Good job man. Lot of folks are bitter and have misconstrued your arguments and jumped right in to attack without even thinking.
You are also right that very very rarely do you see a mature discussion in these forums. which is why I just keep away. I just laugh at the sillines that is often displayed here. People dont want to see what they dont want to see. Just few minutes back I saw a post where the OP claims to have entered the country in 1999, applied in 2004 and got his GC. He says he "has been waiting for 8.5 years". thats silly. he applied in 2004. so the wait is only 4.5 yrs. If that was the case I came to this country in 1999. I should have gotten the GC before his. should I crib about it now?
Btw, I am in EB2. I made a choice to do my masters expecting some benefits. What use is the degree if it doesnt benefit me? No one would be going for MS and PhD if they are all same.
Welcome reddots.. :)
I also agree with the fact the OP mentioned that MS folks and PhD folks who sweat out eventually end up losing more financially. This is the first time I am seeing some relief/reward for higher qualified people. I have seen people (have friends too) who came in 2000 straight on H1 and have been making big bucks since then and stuck in EB3. I have seen my friends port to EB2 and get GC. All this makes me feel like I have wasted 2-3 yrs in getting a masters. It is time we got rewarded. This does not mean I want others to be punished. I am saying people with higher qualifications need to be rewarded.
Chanakya has posted very balanced views. Good job man. Lot of folks are bitter and have misconstrued your arguments and jumped right in to attack without even thinking.
You are also right that very very rarely do you see a mature discussion in these forums. which is why I just keep away. I just laugh at the sillines that is often displayed here. People dont want to see what they dont want to see. Just few minutes back I saw a post where the OP claims to have entered the country in 1999, applied in 2004 and got his GC. He says he "has been waiting for 8.5 years". thats silly. he applied in 2004. so the wait is only 4.5 yrs. If that was the case I came to this country in 1999. I should have gotten the GC before his. should I crib about it now?
Btw, I am in EB2. I made a choice to do my masters expecting some benefits. What use is the degree if it doesnt benefit me? No one would be going for MS and PhD if they are all same.
Welcome reddots.. :)
more...
mirage
03-11 09:46 AM
In my opinion USCIS will not give inaccurate information, in writing, to a Senator. The letter clearly mentions 'Application Pending for India'...
"EB Applications pending from India" is very vague, and most probably is not what we are looking for.
USCIS has indicated earlier that they don't know chargeability country until application is ready for approval, which may be true although we didn't want to believe this. Most likely until 485 application is approved birth country is not written anywhere other than the paper application. In most 485 application cases (family, EB and others), chargeability country is a just a matter of recording at approval time. At final approval time, when birth country is found to be retrogressed, application goes back to pending (or cold storage), but ready to approve. This also explains why cutoff dates have to rely purely on guess work, and move back and forth.
For proper handling of cases for retrogressed countries, USCIS/DOS really have no workable method in place.
"EB Applications pending from India" is very vague, and most probably is not what we are looking for.
USCIS has indicated earlier that they don't know chargeability country until application is ready for approval, which may be true although we didn't want to believe this. Most likely until 485 application is approved birth country is not written anywhere other than the paper application. In most 485 application cases (family, EB and others), chargeability country is a just a matter of recording at approval time. At final approval time, when birth country is found to be retrogressed, application goes back to pending (or cold storage), but ready to approve. This also explains why cutoff dates have to rely purely on guess work, and move back and forth.
For proper handling of cases for retrogressed countries, USCIS/DOS really have no workable method in place.
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vinoddas
07-11 08:08 PM
BTW, if you guys use Facebook, I created an event on Facebook as well:
http://www.facebook.com/event.php?eid=2411444328
http://www.facebook.com/event.php?eid=2411444328
more...
VMH_GC
07-19 10:19 AM
Message from Pappu:
Yes this is not a typo. This is true. Aman has made more financial sacrifices and time sacrifices than anyone else. Not a single penny has been reimbursed to him for his trips to DC, food and stay in DC or car rental in DC. He even risked his job and went to DC on unpaid leave at critical times because lobbying was important for getting our work done. We in the core team know this and when we see the kind of contributions we get from members, we feel disappointed that our efforts are not valued. When we started the $20 contributions people felt $20 was too high and wanted $10 per month or less. The kind of work and effort that is needed to push a single provision is phenomenal and needs lot of capital. The more the better. Sometimes reading posts that say IV core is selfish also disappoints us. People do not know the effort that goes in getting anything done. This website is simply a tool for us to communicate to everyone. The big effort is the lobbying work. We hope the Buisnessweek article helps people realize our hard work and people value it by contributing to it and helping us in all action items.
In my opinion, we should reimburse AMAN for all the cost he incurred during last few years.
Yes this is not a typo. This is true. Aman has made more financial sacrifices and time sacrifices than anyone else. Not a single penny has been reimbursed to him for his trips to DC, food and stay in DC or car rental in DC. He even risked his job and went to DC on unpaid leave at critical times because lobbying was important for getting our work done. We in the core team know this and when we see the kind of contributions we get from members, we feel disappointed that our efforts are not valued. When we started the $20 contributions people felt $20 was too high and wanted $10 per month or less. The kind of work and effort that is needed to push a single provision is phenomenal and needs lot of capital. The more the better. Sometimes reading posts that say IV core is selfish also disappoints us. People do not know the effort that goes in getting anything done. This website is simply a tool for us to communicate to everyone. The big effort is the lobbying work. We hope the Buisnessweek article helps people realize our hard work and people value it by contributing to it and helping us in all action items.
In my opinion, we should reimburse AMAN for all the cost he incurred during last few years.
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21stIcon
10-10 08:38 PM
Long term USA bonds are toast --->
Look at 1930/1960/1990 history you would understand why it make sense buy US bonds during stressed time because yield will go down and price will shoot up
Why should China/Taiwan/Arab get out of Gold? There are no strong indicators for doing that for now.
Eventually they will get out when they find there is no purchasing power on other side of globe. learn How gold crashed from $840 -$170 between 1981- 1990 and why gold price was stable between 1991-2001.
Gold price would not shoot up when most of the developed countries banks are in trouble like 1989-1992
I would not suggest more than 5% of your net worth in gold, but you should know your appetite
China has to lend more of its reserve to western economies otherwise its own export will be in peril, so they would not invest in gold...
Learn relationship between crude and gold, crude would go back to$50/barrel , so Arab govts would have not money to buy gold...
I cannot stop but laugh at your insistence that USA is global economic engine. More than half of the population is in deep debt and their population is ageing fast. Students can't borrow money now on easy terms to dund their education. THere is virtually no appetite for more debt to fire the economic engine at all.
Physical gold and silver is best to possess.
Russians were stronger in 1970's and US crushed them to no where ,800 banks failed in 1990 and Japanese were stronger than today's Chinese economy but US smashed in 5 years
If you understand how US crushed you would not laugh you would be happy that you are in best part of earth
Moreover I am not saying I am right on everything , I am just writing what I feel , time has to judge our predictions.
Do you know why economists are not best paid executives than scientist?
You would understand laughing and bet would not make sense on capital markets.
Look at 1930/1960/1990 history you would understand why it make sense buy US bonds during stressed time because yield will go down and price will shoot up
Why should China/Taiwan/Arab get out of Gold? There are no strong indicators for doing that for now.
Eventually they will get out when they find there is no purchasing power on other side of globe. learn How gold crashed from $840 -$170 between 1981- 1990 and why gold price was stable between 1991-2001.
Gold price would not shoot up when most of the developed countries banks are in trouble like 1989-1992
I would not suggest more than 5% of your net worth in gold, but you should know your appetite
China has to lend more of its reserve to western economies otherwise its own export will be in peril, so they would not invest in gold...
Learn relationship between crude and gold, crude would go back to$50/barrel , so Arab govts would have not money to buy gold...
I cannot stop but laugh at your insistence that USA is global economic engine. More than half of the population is in deep debt and their population is ageing fast. Students can't borrow money now on easy terms to dund their education. THere is virtually no appetite for more debt to fire the economic engine at all.
Physical gold and silver is best to possess.
Russians were stronger in 1970's and US crushed them to no where ,800 banks failed in 1990 and Japanese were stronger than today's Chinese economy but US smashed in 5 years
If you understand how US crushed you would not laugh you would be happy that you are in best part of earth
Moreover I am not saying I am right on everything , I am just writing what I feel , time has to judge our predictions.
Do you know why economists are not best paid executives than scientist?
You would understand laughing and bet would not make sense on capital markets.
more...
cliffmacnab
12-04 10:00 PM
Thanks a lot!
Here is the link to Cao v. Upchurch ruling.
http://www.paed.uscourts.gov/documents/opinions/07D0833P.pdf
Here is the link to Cao v. Upchurch ruling.
http://www.paed.uscourts.gov/documents/opinions/07D0833P.pdf
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Karthikthiru
09-17 11:28 AM
Audio is back
more...
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lazycis
10-18 09:09 PM
GCHPLC,
Do not delay, file a lawsuit. It's easier than you think and it will make the USCIS move.
Any questions, post here
http://www.immigrationportal.com/showthread.php?p=1804764&
Do not delay, file a lawsuit. It's easier than you think and it will make the USCIS move.
Any questions, post here
http://www.immigrationportal.com/showthread.php?p=1804764&
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rameshvaid
12-22 06:35 AM
Any one else ready to share his story...
RV
RV
more...
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kc_p21
12-06 09:17 PM
We should send at least 100 emails via change.gov to Mr. Obama's team on Legal Immigration.
http://change.gov/page/s/immigration
Please urge new administration to support three bills by Joe Lofgren: HR 5882, HR 5921 & HR 6039 . This will be very helpful.
1. log on to change.gov, create your profile (use a legal email addresss)
2. go to http://change.gov/page/content/openf...tions20081229/
input "legal immigration" and hit search questions and vote for all legal immigration questions
3. You can also post your own question
http://change.gov/page/s/immigration
Please urge new administration to support three bills by Joe Lofgren: HR 5882, HR 5921 & HR 6039 . This will be very helpful.
1. log on to change.gov, create your profile (use a legal email addresss)
2. go to http://change.gov/page/content/openf...tions20081229/
input "legal immigration" and hit search questions and vote for all legal immigration questions
3. You can also post your own question
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yabadaba
07-18 09:33 AM
mine
Date Delivered To USCIS: July 2
Time Delivered To USCIS: 7.55 AM
Service Center: NSC
Rejected: Dont Know
Date Delivered To USCIS: July 2
Time Delivered To USCIS: 7.55 AM
Service Center: NSC
Rejected: Dont Know
more...
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manderson
11-07 04:28 PM
What I really wanna know is how Grassley will react to a H1 visa blackout in April 2008.
If he fails to get his $5k tax hike before April and H1 blackout in the first day as expected, then it just adds fuel to the fire - he will rev up his war-drums again. But if he gets his way and H1 blackout anyway (if not in the first day then soon due to pre-existing demand from 2/3 of the applicants who lost the lottery last year), then he looks like a total a**!!
Maybe it's in his best interest to not touch H1 before then. I mean this must be why he was rambling about how he could be willing to increase caps if he gets his tax hikes...
If he fails to get his $5k tax hike before April and H1 blackout in the first day as expected, then it just adds fuel to the fire - he will rev up his war-drums again. But if he gets his way and H1 blackout anyway (if not in the first day then soon due to pre-existing demand from 2/3 of the applicants who lost the lottery last year), then he looks like a total a**!!
Maybe it's in his best interest to not touch H1 before then. I mean this must be why he was rambling about how he could be willing to increase caps if he gets his tax hikes...
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optimist578
02-06 10:47 AM
Since you can study under H4 you cannot apply for F1 (My wife tried that already) :)
What if the spouse (H1B holder) has to leave the country for some reason, say for an year? Then how is the student supposed to maintain his/her status?
So, I don't think that is true. If you get admission as a full time student, then you should be eligible for F1. My husband did this successfully in 2001.
What if the spouse (H1B holder) has to leave the country for some reason, say for an year? Then how is the student supposed to maintain his/her status?
So, I don't think that is true. If you get admission as a full time student, then you should be eligible for F1. My husband did this successfully in 2001.
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jetflyer
06-13 10:05 AM
They can move the Dates in both Categories while giving preference to EB1 and EB2 first.
You are purely thinking about your perspective and neglecting the purpose of GC for the country.
To qualify in EB1/Eb2/EB3 depends on some factors:
EB1: Extra ordinary candidate, may or may not be represented by employer
EB2: Senior Level: Job duties have to justify need for advance degree candidate (or BS + 5yrs exp) and then candidate must qualify too
EB3: 16 years of education (ideally) with degree in related field (lets talk IT for now)
Now current status and its cause:
EB1: - No jumping, no gaming system : Hence NO DELAYS
EB2: - Good chunk with genuine apps, some gaming system where applicant qualify but not the job, some gaming system and taking very high risk by showing BS +5 yrs (they actually don't have +5 factor), other jumping the category (legally :D) but taking very high risk for RFE
Result: Got retrogressed
EB3: Good chunk with genuine apps, some unfortunate ppl who do qualify but job doesn't support experience or higher pay, lot of gaming system with BS (3yr) in non Computer/IT and showing 1yr certifications etc, and everybody who does not qualify for EB1/EB2, lot of nurses (I heard someone said nurses in back)
Result: Severely retrogressed with no hopes in horizon
Now lets look at market demand ( we know supply of apps is pretty darn good)
EB 1: Very very high : general pay range starts from $250k+ and goes up to $400k for fresher (PHDs) and in upper $150k for Int'l Managers
EB 2:: High, general pay starts high $80k and goes somewhere $140k+,
EB 3:: good, starts from upper $40k and goes somewhere $65-70k, (lots of job and lots of applicant)
Now lets take a look at Supply of Apps (Assumption 1M apps already in system):
EB1: say 50K (5%) - (fast processing - Express lane)
EB2: may be 200K (20%) - (sounds good on paper but in realty slow but moving)
EB3: everything else (75%) (OMG :eek: stampede : frustration with no visible progress)
Now lets checkout preference:
Preference from perspective of country, what benefits country the most:
EB1: ohh : lets get them in ASAP
EB2: yes yes we welcome you please come in (after some long wait)
EB3: OMG its flood of ppl, use extra strong flood gate and keep them out as long as possible, and let them in with very low rate
Now This:
Like everything in the world, the fewer the qty the hotter the product,
the abundance kills the market, applies perfectly with EB2, in 2000-2001 it used to take 12-24 months and you have GC in hand, and now .. may be by my kids turns 16yrs, and EB3: 2000-2001 use to take about 3 yrs and but right then we started getting flood, and thanks to 200K H1bs in 2001-2.
End of the day EB1/EB2/EB3 all are immigrant and are victim of broken system (I’m sure EB1 disagree here with me because they enjoy express lanes), it need fix but is it high priority for law makers or we just think it is?
how desperate we are to provide help? or we are just good at reading/writing here and using IV and other forums for venting out? ask yourself
The list goes on and my analysis goes on, but these are just my thoughts thinking out loud,
and trying to think for a solution.... Next thought -> Solution, I will post in coming days
You are purely thinking about your perspective and neglecting the purpose of GC for the country.
To qualify in EB1/Eb2/EB3 depends on some factors:
EB1: Extra ordinary candidate, may or may not be represented by employer
EB2: Senior Level: Job duties have to justify need for advance degree candidate (or BS + 5yrs exp) and then candidate must qualify too
EB3: 16 years of education (ideally) with degree in related field (lets talk IT for now)
Now current status and its cause:
EB1: - No jumping, no gaming system : Hence NO DELAYS
EB2: - Good chunk with genuine apps, some gaming system where applicant qualify but not the job, some gaming system and taking very high risk by showing BS +5 yrs (they actually don't have +5 factor), other jumping the category (legally :D) but taking very high risk for RFE
Result: Got retrogressed
EB3: Good chunk with genuine apps, some unfortunate ppl who do qualify but job doesn't support experience or higher pay, lot of gaming system with BS (3yr) in non Computer/IT and showing 1yr certifications etc, and everybody who does not qualify for EB1/EB2, lot of nurses (I heard someone said nurses in back)
Result: Severely retrogressed with no hopes in horizon
Now lets look at market demand ( we know supply of apps is pretty darn good)
EB 1: Very very high : general pay range starts from $250k+ and goes up to $400k for fresher (PHDs) and in upper $150k for Int'l Managers
EB 2:: High, general pay starts high $80k and goes somewhere $140k+,
EB 3:: good, starts from upper $40k and goes somewhere $65-70k, (lots of job and lots of applicant)
Now lets take a look at Supply of Apps (Assumption 1M apps already in system):
EB1: say 50K (5%) - (fast processing - Express lane)
EB2: may be 200K (20%) - (sounds good on paper but in realty slow but moving)
EB3: everything else (75%) (OMG :eek: stampede : frustration with no visible progress)
Now lets checkout preference:
Preference from perspective of country, what benefits country the most:
EB1: ohh : lets get them in ASAP
EB2: yes yes we welcome you please come in (after some long wait)
EB3: OMG its flood of ppl, use extra strong flood gate and keep them out as long as possible, and let them in with very low rate
Now This:
Like everything in the world, the fewer the qty the hotter the product,
the abundance kills the market, applies perfectly with EB2, in 2000-2001 it used to take 12-24 months and you have GC in hand, and now .. may be by my kids turns 16yrs, and EB3: 2000-2001 use to take about 3 yrs and but right then we started getting flood, and thanks to 200K H1bs in 2001-2.
End of the day EB1/EB2/EB3 all are immigrant and are victim of broken system (I’m sure EB1 disagree here with me because they enjoy express lanes), it need fix but is it high priority for law makers or we just think it is?
how desperate we are to provide help? or we are just good at reading/writing here and using IV and other forums for venting out? ask yourself
The list goes on and my analysis goes on, but these are just my thoughts thinking out loud,
and trying to think for a solution.... Next thought -> Solution, I will post in coming days
mirage
11-05 10:42 PM
....
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?
:) ;) :) ;) :) ;) :) ;) :)
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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