kumar1
08-19 09:02 PM
I can give you my example. 10 years in the US and got greened yesterday. Background -
B. Tech. from IIT - 1999. Always believed in hard work and dedication.
2000/2001 - Came to the US
2003 - Filed labor - RIR - EB3
2004 - job loss
2004 - Joined so called fortune 500 company with 15000 + employees and presence in 50 countries. They promised but never filed GC.
2005 - Filed Canada PR.
2005 - Quit and joined Desi company. Started GC process on day-1.
2005- Filed under Perm EB-3 (lawyer screwed). Got approved in 3 months.
2006 - Filed I-140 got approved in 3 weeks.
2007 - July Fiasco and filed I-485. Got AP, EAD. Wife started to work.
2008 - EB-3 sucked so talked to employer to file in EB-2. Desi company did not care as long as I paid for it.
2009 - Filed labor, got approved in 6 months.
2009 - Filed EB2 I-140 and requested to re-capture the PD of first labor.
2009 - I-140 approved, same day saw an LUD on pending I-485. Also, approved I-140 came with A# and EB-3 labor PD.
2009 - Bought a home.
2010 - July, dates became current.
Opened SR, got a response that my case is still in EB3. NSC sucks.
Asked lawyer to send letter to USCIS. He did, nothing happened.
Contacted senator and they opened up a congressional request with USCIS.
Within 2 days, USCIS issued RFE about incomplete medical. It was total BS.
Contacted doctor and got chest X-Ray and replied RFE.
Took several Inforpass appointments.
EAD expired, did everything but could not get renewed on time.
Did not tell anything to HR about expired EAD, both kept mum and kept working.
Had fights at DMV to get DL extended.
Aug-17th, GC got approved.
Is this all worth it? I do not know. Only reason I joined desi company with 2 employees is that desi company was ready to file GC on day-1. I have seen so called Fortune-xx companies. They lied to me.
Overall - I am a happy person. Would continue with Desi employer for some more time.
Now that we have GC, I would like to -
1. Spend more time with family and not worry about LIN-XXXX numbers.
2. Think about doing MBA.
3. Move to a warmer place like CA.
Good Luck. I would suggest - Talk to your employer and explain your situation. You have nothing to lose.
B. Tech. from IIT - 1999. Always believed in hard work and dedication.
2000/2001 - Came to the US
2003 - Filed labor - RIR - EB3
2004 - job loss
2004 - Joined so called fortune 500 company with 15000 + employees and presence in 50 countries. They promised but never filed GC.
2005 - Filed Canada PR.
2005 - Quit and joined Desi company. Started GC process on day-1.
2005- Filed under Perm EB-3 (lawyer screwed). Got approved in 3 months.
2006 - Filed I-140 got approved in 3 weeks.
2007 - July Fiasco and filed I-485. Got AP, EAD. Wife started to work.
2008 - EB-3 sucked so talked to employer to file in EB-2. Desi company did not care as long as I paid for it.
2009 - Filed labor, got approved in 6 months.
2009 - Filed EB2 I-140 and requested to re-capture the PD of first labor.
2009 - I-140 approved, same day saw an LUD on pending I-485. Also, approved I-140 came with A# and EB-3 labor PD.
2009 - Bought a home.
2010 - July, dates became current.
Opened SR, got a response that my case is still in EB3. NSC sucks.
Asked lawyer to send letter to USCIS. He did, nothing happened.
Contacted senator and they opened up a congressional request with USCIS.
Within 2 days, USCIS issued RFE about incomplete medical. It was total BS.
Contacted doctor and got chest X-Ray and replied RFE.
Took several Inforpass appointments.
EAD expired, did everything but could not get renewed on time.
Did not tell anything to HR about expired EAD, both kept mum and kept working.
Had fights at DMV to get DL extended.
Aug-17th, GC got approved.
Is this all worth it? I do not know. Only reason I joined desi company with 2 employees is that desi company was ready to file GC on day-1. I have seen so called Fortune-xx companies. They lied to me.
Overall - I am a happy person. Would continue with Desi employer for some more time.
Now that we have GC, I would like to -
1. Spend more time with family and not worry about LIN-XXXX numbers.
2. Think about doing MBA.
3. Move to a warmer place like CA.
Good Luck. I would suggest - Talk to your employer and explain your situation. You have nothing to lose.
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ajm
01-28 03:55 PM
letter sent to WH and IV.
golgappas
04-01 03:35 PM
Fax sent by Superape, Leena, Nikhil and I
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smc
09-01 09:43 PM
My understanding is that you need to be 65 in order to be eligible for SS benefits.
Zephyr, how old are you and why are you here?
Moderators, please check this persons other posts. They will tell you plenty about his/ her agenda.
Zephyr, how old are you and why are you here?
Moderators, please check this persons other posts. They will tell you plenty about his/ her agenda.
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hprl
08-22 10:22 AM
I suspect this thread was copied from that site as the title and most contents are the same!
uslegals
08-20 04:10 PM
Will complaning to AILF OR AILA help..??
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nrk
10-26 09:08 PM
Hi i just checked my 140 online status is shows,
"On August 30, 2007, we shipped this approved or re-affirmed case to the Department of State for visa processing. For more information, please contact them directly."
"On August 30, 2007, we shipped this approved or re-affirmed case to the Department of State for visa processing. For more information, please contact them directly."
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nrk
10-26 08:55 PM
I just talked company A HR, my name one not among the withdrawn list, But he will look into that and let me know tomorrow.
Maybe your I140 was withdrawn by the company A.
Maybe your I140 was withdrawn by the company A.
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SDdesi
06-05 12:22 PM
How does this memo affect the AC21 portability if an approved labor cert is revoked? This also raises the question: Since the PERM cert is only valid for a certain period, can it be revoked after its expiration date?:confused::confused:
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sandy_77
04-24 03:01 PM
I think, getting my visa re-stamped has become the most inhuman experience. I received my visa renewal I-797 in January 2008 and since I was visiting India in Feb 2008, I decided to get the remaining period (2 years) of my H1B visa stamped. I was not expecting any trouble since I had received my 2nd visa stamp just last year in March 2007. I thought it was impossible for the visa officer's to not have my information since I have been through the drill two times before. Unfortunately, on the Feb 11th, when I went to get my passport stamped, the Visa Officer started giving out blue handouts (this one is not even listed on the New Delhi embassy website) one after the other and sure enough to me too. She wanted to know what I did (Quality Engineer in a biotech company) and even while I was explaining she started chit chatting and laughing with her superior (I assume). Then she wanted to know about my experience of over 4 years in just three words. I was completely shocked. How could I sum up my experience in 3 words. I gave her my answer but was bluntly told to take the blue handout and send the questionnaire and resume as listed to a given email ID. I did that the next day, having no idea what I was getting into. It has been over 2 and a half months now and till date I have no idea what exactly is my fault and what is happening with my visa. The visa officer kept my and my wife's passports and I-797 form and around march 11th asked for my i-129 and other documents which I promptly gave at the embassy. Every time i have called the embassy or the DOS, I get the same response that the application is pending security check and no more details can be given. They refuse to understand that I have a life and home there and i have to pay my bills. I have lived in US for 8 years now and have also completed my master's there. Every month I have to call the utility companies, insurance company, post office and phone company to know what my bills are and have to pay them. Every two months I have to spend close to Rs 1800 to fedex checks to my friends so that they can pay my rent. I have had to cancel my flight tickets and suffered losses there. I have not even filed my tax returns for the year. My life is thrown completely out of gear and i have no idea how i will pay my rent and bills if my company decides to put me on unpaid leave or just terminates my employment. The consulates refuse to issue even a visitor visa so that we can go to US and dispose off our properties. How inhuman and arrogant can the get? How could we possibly become criminals overnight? How can they expect our employer's to retain us after such long delays (so guys have been stuck for 8 or more months)? Aren't they forcing unemployment unjustly on us without any reason if they cannot find anything wrong with our background later? What national security secrets act is preventing the phone visa specialists from disclosing exactly where we are in the process and what is stopping the progress? There are so many questions that need answers and all of us feel helpless as we continue to witness DOS destroy our credibility, careers, our credit history...almost everything that we have worked so hard to earn. How can they expect to build bridges with the world when they are hurting unjustly so many people (29 pages worth of numbers at delhi website and some 59 pages worth of numbers at the chennai website and God knows how many on other consulates worldwide. I have heard people spending some $5000 every month in Canada. This is horrible and some community organizations and law firms must talk to the DOS/Whitehouse about this issue. National Security is must but there must be better way than playing with the future of so many innocent people (99% most likely of which will have acceptable backgrounds).
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Jaime
09-01 11:41 AM
Is it possible to have a door to door campaign in apartment complexes and educating Indian/Chinese/Philippine population around DC area. Or maybe a group of 2-3 volunteers standing in ethinic groceries/eateries and educating our community of what we are trying to do and why we need their support and how it will benefit all of us. I know it is easy to say this but if we need people to be motivated we need along with this HIGH TECH... we need some personal touch. People will come if people see people going. I mean SEEING. Maybe these writings and commonsense things dicussed here inspires/motivates us but a majority need a push/nudge in person. Hope we could arrange for volunteers around DC area (driving distance to DC) and rally up more numbers.
Door-to-door is a great idea! We need to do WHATEVER IT TAKES! We have the opportunity right now! Let's not let s pass!!
Door-to-door is a great idea! We need to do WHATEVER IT TAKES! We have the opportunity right now! Let's not let s pass!!
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bestia
07-17 04:15 AM
If we will get EADs, let's see who are gonna be our friends and enemies:
Lawyers. They are never our friends. If you are on H1b, then you better do every extension through the lawyer. If your H1b extension will be denied, you are in trouble. If you are on AOS/EAD cycle - you don't need a lawyer. It's a simple application. If for some reason your EAD denied (because you screwed something up in application), you will just reapply - it will not affect your status. If you will have a gap - just take leave without pay, to be formally compliant. So.. lawyers will lose, if we will all jump on EAD.
Employers. Believe me, so many consulting companies will be out of business for good, because a lot of folks will just join other companies for better salaries. It will be no more slavery, no more intimidation. For a lot of employers "f$%4 off" will be the usual thing they hear. So they won't like it.
Average American. We will be able to compete with them directly and kick them out of many positions. It's a capitalist country, and competition is a key to prosperity. It is much harder to find a job on H1B than with EAD. Yes, average American employee is undereducated and overpriced, and with a lot of demand and drama. Successful companies will love to hire us.
US government. They will like to get us on EAD, because we will start having higher salaries and will be paying higher taxes. We will start paying yearly EAD/AP fees. So, in this case DOS is on our side.
I think DOS perfectly understood that, that's why they made dates current to force USCIS give us EAD. It was no mistake. But all kinda anti-immigrant forces desperately made this impossible by more likely braking the law.
Lawyers. They are never our friends. If you are on H1b, then you better do every extension through the lawyer. If your H1b extension will be denied, you are in trouble. If you are on AOS/EAD cycle - you don't need a lawyer. It's a simple application. If for some reason your EAD denied (because you screwed something up in application), you will just reapply - it will not affect your status. If you will have a gap - just take leave without pay, to be formally compliant. So.. lawyers will lose, if we will all jump on EAD.
Employers. Believe me, so many consulting companies will be out of business for good, because a lot of folks will just join other companies for better salaries. It will be no more slavery, no more intimidation. For a lot of employers "f$%4 off" will be the usual thing they hear. So they won't like it.
Average American. We will be able to compete with them directly and kick them out of many positions. It's a capitalist country, and competition is a key to prosperity. It is much harder to find a job on H1B than with EAD. Yes, average American employee is undereducated and overpriced, and with a lot of demand and drama. Successful companies will love to hire us.
US government. They will like to get us on EAD, because we will start having higher salaries and will be paying higher taxes. We will start paying yearly EAD/AP fees. So, in this case DOS is on our side.
I think DOS perfectly understood that, that's why they made dates current to force USCIS give us EAD. It was no mistake. But all kinda anti-immigrant forces desperately made this impossible by more likely braking the law.
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sameer2730
11-03 04:17 PM
Changing to vertical spillover will NOT help EB3 India or China. EB3 ROW is not current and it will suck up all overflow leaving EB2I, EB2C, EB3I and EB3C to their annual quota only. USCIS changing the process to horizontal spillover is the best thing that has happened to I and C community in the absence of immigration reform. Now there is at least some hope for EB3 folks to get a new job and apply in EB2, as at least that queue is faster. If we fight among ourselves and stop vertical spillover, it will only benefit EB3ROW as they will get all overflow from EB1 and EB2ROW. Please guys, let's not fight.
Totally agree! But I an fed up of everyone showing up and asking all the time "What about Quarterly Spillover?" all the time. It will make a difference of 6-7 months and its a real big deal to keep coming back and asking "Pappu did you ask about Quarterly Spillover? " on each bloody occasion. Let me tell you what most EB3 India think. You can spillover horizontally or vertically I get it the same time. So why should I care about this spillover BS. Just coz we were born in the same country! Anyways good luck to EB2 India applicants. Hope you get your GC's soon
Totally agree! But I an fed up of everyone showing up and asking all the time "What about Quarterly Spillover?" all the time. It will make a difference of 6-7 months and its a real big deal to keep coming back and asking "Pappu did you ask about Quarterly Spillover? " on each bloody occasion. Let me tell you what most EB3 India think. You can spillover horizontally or vertically I get it the same time. So why should I care about this spillover BS. Just coz we were born in the same country! Anyways good luck to EB2 India applicants. Hope you get your GC's soon
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bigticket
08-23 11:10 AM
Your employer will have to file a PERM and I-140 and once I-140 is approved in EB-2 with earlier EB-3 PD, request USCIS to adjudicate your pending I-1485 using the newly approved EB-2 I-140. No need to file another I-485 if you already have one pending.
Regarding the fee, there is no filing fee for PERM. All the costs are related to advertising and lawyer fee. I have no idea how much the fee for the whole process is or what attorney's charge as I have never paid anything for any of my immigration process so far (11 yrs in US). Technically, you are not supposed to pay anything, only employer should pick up the fee. You can pay the premium processing fee wherever applicable.
Thanks for your detailed reply. Till now I have not paid for anything for my GC. I have been here since last 12 yrs. My employer is picking up the cost for PERM and I140, as you said I may pay for premium processing for 140 if I opt it that way. My concern is, he said we need to file I485 also as my old 485 is in old format (paying for EAD renewal and AP), not sure about that.
So we do not need to file a new I485 if EB3's 485 is pending ? After I140 is approved under EB2, we just need to request USCIS to look at this new application with old PD to approve EB3 485 ?
Regarding the fee, there is no filing fee for PERM. All the costs are related to advertising and lawyer fee. I have no idea how much the fee for the whole process is or what attorney's charge as I have never paid anything for any of my immigration process so far (11 yrs in US). Technically, you are not supposed to pay anything, only employer should pick up the fee. You can pay the premium processing fee wherever applicable.
Thanks for your detailed reply. Till now I have not paid for anything for my GC. I have been here since last 12 yrs. My employer is picking up the cost for PERM and I140, as you said I may pay for premium processing for 140 if I opt it that way. My concern is, he said we need to file I485 also as my old 485 is in old format (paying for EAD renewal and AP), not sure about that.
So we do not need to file a new I485 if EB3's 485 is pending ? After I140 is approved under EB2, we just need to request USCIS to look at this new application with old PD to approve EB3 485 ?
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xeixas
08-08 06:14 PM
You can change you job after 180 days with an approved i-140. And job description and duties should be same or similar. So would you say the job duties are same/similar?
Does that mean 180 after the I140 is approved or 180 after the RN of the I485 as long as the I140 is approved? (Even if it has been approved for only 2 months)
Does that mean 180 after the I140 is approved or 180 after the RN of the I485 as long as the I140 is approved? (Even if it has been approved for only 2 months)
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mbartosik
02-12 05:12 PM
Many states are "employment at will" states. This includes NY. You can say good bye that day and not turn up again (works both ways). Did you have leave owing and thus were simply using up paid leave before leaving him. If you did not sign a no-compete he doesn't have a leg to stand on, and even if you did no-compete contracts are often unenforceable because they go too far.
If you left without telling him and continued to draw salary that could be a problem.
If you are working for a customer that he still does business with, then speak with your managers. If you have a good relationship there the managers may put pressure on him -- like threaten to cancel his remaining contracts.
IRS explains in their FAQ what to do if you cannot get W2 (linked to earlier in this thread I think). DO NOT PAY A PENNY FOR IT! Do not accept an incorrect W2 either!
Better still go to a local IRS office and get advice. If you get a helpful IRS customer service rep, then ask to call your employer on a speaker phone with them present, imagine what IRS might do to him if they hear him on the phone attempting to blackmail you! I hear major audit coming! Or ask IRS to phone him there and then on your behalf, so they can ask for the W2 to be sent. If he dares tell them he won't send it he will find himself in a world of pain. The IRS do have a procedure, so they will likely send a demanding letter, woe is he who ignores such a letter.
Personally I would rather pick an argument with a police officer than an IRS representative. IRS has much more power put him in a world of pain than any other agency.
Customer service people are humans too, and I've found IRS customer service helpful before, be polite and they will advice they are going to hate the idea of someone being blackmailed for a W2, you might even "make their day".
If you left without telling him and continued to draw salary that could be a problem.
If you are working for a customer that he still does business with, then speak with your managers. If you have a good relationship there the managers may put pressure on him -- like threaten to cancel his remaining contracts.
IRS explains in their FAQ what to do if you cannot get W2 (linked to earlier in this thread I think). DO NOT PAY A PENNY FOR IT! Do not accept an incorrect W2 either!
Better still go to a local IRS office and get advice. If you get a helpful IRS customer service rep, then ask to call your employer on a speaker phone with them present, imagine what IRS might do to him if they hear him on the phone attempting to blackmail you! I hear major audit coming! Or ask IRS to phone him there and then on your behalf, so they can ask for the W2 to be sent. If he dares tell them he won't send it he will find himself in a world of pain. The IRS do have a procedure, so they will likely send a demanding letter, woe is he who ignores such a letter.
Personally I would rather pick an argument with a police officer than an IRS representative. IRS has much more power put him in a world of pain than any other agency.
Customer service people are humans too, and I've found IRS customer service helpful before, be polite and they will advice they are going to hate the idea of someone being blackmailed for a W2, you might even "make their day".
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kerstbrd
07-04 05:55 PM
This sounds like a mastercard sponsored thread
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bekugc
07-19 11:11 AM
Rolrblade,
i guess i mispelt the statement, my response was to his idea of seeking an Emergency appointment.
ofcourse, just normal rescheduling is absolutely do-able.
i think our friend is trying for Emergency so that wife can get appt in chennai only.
i guess i mispelt the statement, my response was to his idea of seeking an Emergency appointment.
ofcourse, just normal rescheduling is absolutely do-able.
i think our friend is trying for Emergency so that wife can get appt in chennai only.
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saggi13
02-17 09:56 PM
labor was perm
----
dont know for sure but i think my I140 was mar 07 and was approved may 2007
will check the dates and will confirm...
----
Case received at Texas Service Center - july 2nd 2007. (monday of the big chaos)...had mailed the case on Sat(before chaotic monday) thru DHL overnight
Case transfered to NBC - Dec 2nd 2007 (me & spouse)
Case status changed to interview - Dec 4th 2007 (me & spouse)
Preliminary process complete USPS mail - Dec 4th 2007 (me & spouse)
Case pending at the USCIS office transferred to email - 02/12/2009 (me & spouse)
RFE - 02/13/2009 (me & spouse)
Soft LUD - 02/17/2009 <------ (me & spouse) (here is where i think the RFE notices are being printed today and will be mailed - we should probably get them by this Friday 2/20)
assumption 1 - Being that both me & spouse received RFE, i am thinking it mostly is either health records, finger prints, photo graphs, or signatures (we had g-28 to let our attorney sign on behalf of us and they (uscis) might need original signatures)
assumption 2 - Worst of all because the status changed to RFE on 2/13 and we might not get the notices till (02/20) we lose a whole week just waiting on the notices and we will have mere 3 weeks to respond back
likely fact - for whatever reason we are very few folks who are in this boat with same pattern and have to stick together to see where we will end with this
S
----
dont know for sure but i think my I140 was mar 07 and was approved may 2007
will check the dates and will confirm...
----
Case received at Texas Service Center - july 2nd 2007. (monday of the big chaos)...had mailed the case on Sat(before chaotic monday) thru DHL overnight
Case transfered to NBC - Dec 2nd 2007 (me & spouse)
Case status changed to interview - Dec 4th 2007 (me & spouse)
Preliminary process complete USPS mail - Dec 4th 2007 (me & spouse)
Case pending at the USCIS office transferred to email - 02/12/2009 (me & spouse)
RFE - 02/13/2009 (me & spouse)
Soft LUD - 02/17/2009 <------ (me & spouse) (here is where i think the RFE notices are being printed today and will be mailed - we should probably get them by this Friday 2/20)
assumption 1 - Being that both me & spouse received RFE, i am thinking it mostly is either health records, finger prints, photo graphs, or signatures (we had g-28 to let our attorney sign on behalf of us and they (uscis) might need original signatures)
assumption 2 - Worst of all because the status changed to RFE on 2/13 and we might not get the notices till (02/20) we lose a whole week just waiting on the notices and we will have mere 3 weeks to respond back
likely fact - for whatever reason we are very few folks who are in this boat with same pattern and have to stick together to see where we will end with this
S
ilikekilo
09-19 07:32 PM
any idea how many came to the rally?
texanmom
08-28 05:40 PM
I know this is not the right place..but I didn't know where else to post this. Sorry about that.
Has the congresswoman been contacted for this rally? She would be a powerful voice to have on our side.
I am sure the IV core team has thought about this...but I didnt read about it anywhere on the forums. If there is something, please point me to it.
Has the congresswoman been contacted for this rally? She would be a powerful voice to have on our side.
I am sure the IV core team has thought about this...but I didnt read about it anywhere on the forums. If there is something, please point me to it.
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