abq_gc
08-23 03:33 PM
Cool...I have an LUD of 5th August and after seeing your message, hope to get my receipts soon as well !
I had a LUD on 07/22 and I am still waiting....
I had a LUD on 07/22 and I am still waiting....
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kawosa
08-31 07:34 PM
Congrats.. You made it
hope you and all EB3 guys hear some good news soon... i know it must be hard to see EB2 with later PD being approved while you still wait.. and wait... and wait.....
hope you and all EB3 guys hear some good news soon... i know it must be hard to see EB2 with later PD being approved while you still wait.. and wait... and wait.....
zephyrr
12-16 09:02 PM
i'm glad someone brought this up, i'm in the same boat, came in 1998, applied in jul 2003 eb2.
i think it is important to get at the bottom of what is making one depressed, is it the gc necessarily, or is it not being able to do what you want to do? if it is the process itself, well - joining IV or talking to people and fighting for a cause is the way to go.
if it is not the process itself, then it is another story.
in my case, the gc process really started affecting me and became a topic of daily discussion in the family in the past 2 yrs, after i finished my mba from a top 5 school, and was unable to switch jobs because it meant starting tge process all over again. i could care less about a gc if i could do jobs that i wanted to. in your case, it might be something else, maybe career related or otherwise.
my stand is now simple, after 180 days are over in dec, i'm going to do what i want to do i.e switch jobs etc, i've applied to canada as a backup, something goes wrong, i'll leave the usa. i'm not willing to put any more of my life in a 'prison' than i already have.
you may have a different stand, but as long as you have one, and understand that the gc is nowhere as important as your mental health and well-being, you will be fine.
i think it is important to get at the bottom of what is making one depressed, is it the gc necessarily, or is it not being able to do what you want to do? if it is the process itself, well - joining IV or talking to people and fighting for a cause is the way to go.
if it is not the process itself, then it is another story.
in my case, the gc process really started affecting me and became a topic of daily discussion in the family in the past 2 yrs, after i finished my mba from a top 5 school, and was unable to switch jobs because it meant starting tge process all over again. i could care less about a gc if i could do jobs that i wanted to. in your case, it might be something else, maybe career related or otherwise.
my stand is now simple, after 180 days are over in dec, i'm going to do what i want to do i.e switch jobs etc, i've applied to canada as a backup, something goes wrong, i'll leave the usa. i'm not willing to put any more of my life in a 'prison' than i already have.
you may have a different stand, but as long as you have one, and understand that the gc is nowhere as important as your mental health and well-being, you will be fine.
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PBECVictim
08-13 02:53 PM
Did you file I-140/I-485 concurrently. Where is employer's office location? and your residency?
I have filed I-140/I-485 concurrently on July 25th at Nebraska, my employer and my residence come under Texas Service centre according to new direct filing instructions.
Mine is Eb 3..was sent to Nebraska, got there July 2, signed by R. Michaels at 9 am...Transfered to Texas,Received July 6...They sent me the Notice of Action for my 140 but I don't know anything else and I also sent at the same time 485-765 for my whole family...
I have filed I-140/I-485 concurrently on July 25th at Nebraska, my employer and my residence come under Texas Service centre according to new direct filing instructions.
Mine is Eb 3..was sent to Nebraska, got there July 2, signed by R. Michaels at 9 am...Transfered to Texas,Received July 6...They sent me the Notice of Action for my 140 but I don't know anything else and I also sent at the same time 485-765 for my whole family...
more...
heathere3
09-04 10:05 AM
I received my receipts from the lawyer this morning. July 2nd applicaiton to NSC, transfered to TSC, labour approved TSC in Aug 2006.
Heather
EB-3 ROW
PD: Aug 2006
RD: July 2, 2007
ND: Aug. 24, 2007
EAD: ??
AP ??
Heather
EB-3 ROW
PD: Aug 2006
RD: July 2, 2007
ND: Aug. 24, 2007
EAD: ??
AP ??
sledge_hammer
01-30 05:06 PM
Don't confuse between taking legal risk with doing something illegal. You must be an idiot to think they are the same.
Poeple that sold $500K home to those who make $40K were not doing anything illegal. What they were doing was irresponsible. It is the guy that was making $40K, but lied on his application that he was making $80K that is the criminal.
And your assumption is that we are complaining about unethical behavior because we are in the US and we think that everyone in the US is ethical? How stupid are you? Sorry to burst your bubble, but we do not think so. I, and many like me, think we should do the right thing no matter where we are, here, India, or elsewhere.
I can't help but laugh at all these taking moral high ground. They talk like this even after looking at what is happening in so called highly ethical american corporates.
There are rules and people smart enough and daring enough go ahead and push it/bend it as much as possible to achive what interests them most.
As of April 2009, the person who asked the original question and the consultant who asked the question assumed they should be able to land a contract job once October rolls around.
It is a common practice, without going into how it is unfair for the numerous others who have job offers in hand.
Now what would you say to the people who sold houses worth 500,000$ to the people who are making 40K per annum or so? The people who took the risk bear the reward or repercussions.
The person who took a risk by applying for H1 without a client offer, and the consultant would have been rewarded financially if they were able to land a job.
Now that they can't, they have this potential of being illegal stay/out of status or whatever that they have to deal with.
So I suppose, if we can help him with answers to the questions he is seeking and provide any guidance that will help him deal with the results of his decision , as many are doing on thread, that is great. If not, don't have get so preachy/flamey.
Peace out.
PS:Aksham,this is not directed at you.
Poeple that sold $500K home to those who make $40K were not doing anything illegal. What they were doing was irresponsible. It is the guy that was making $40K, but lied on his application that he was making $80K that is the criminal.
And your assumption is that we are complaining about unethical behavior because we are in the US and we think that everyone in the US is ethical? How stupid are you? Sorry to burst your bubble, but we do not think so. I, and many like me, think we should do the right thing no matter where we are, here, India, or elsewhere.
I can't help but laugh at all these taking moral high ground. They talk like this even after looking at what is happening in so called highly ethical american corporates.
There are rules and people smart enough and daring enough go ahead and push it/bend it as much as possible to achive what interests them most.
As of April 2009, the person who asked the original question and the consultant who asked the question assumed they should be able to land a contract job once October rolls around.
It is a common practice, without going into how it is unfair for the numerous others who have job offers in hand.
Now what would you say to the people who sold houses worth 500,000$ to the people who are making 40K per annum or so? The people who took the risk bear the reward or repercussions.
The person who took a risk by applying for H1 without a client offer, and the consultant would have been rewarded financially if they were able to land a job.
Now that they can't, they have this potential of being illegal stay/out of status or whatever that they have to deal with.
So I suppose, if we can help him with answers to the questions he is seeking and provide any guidance that will help him deal with the results of his decision , as many are doing on thread, that is great. If not, don't have get so preachy/flamey.
Peace out.
PS:Aksham,this is not directed at you.
more...
godspeed
07-21 05:46 PM
Paper filed, and uscis received on jun10
got our EAD's for 2yrs on July 18th
got our EAD's for 2yrs on July 18th
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desi3933
06-28 10:11 PM
Employers can (at least they do) discriminate EAD holders. Here is an example and related link:
Fog Creek Software - Intern in Software Development (http://www.fogcreek.com/Jobs/SummerIntern.html)
"Permanent legal right to work in the United States. Because student visas (J1, F1, etc) are time-limited, we regret that we can't consider interns on student visas."
They key word here is "Permanent legal right to work in the United States". EADs (485 based EAD as well as F1 based EADs) have a limit of 1 year/2 year/29 months etc. Based on this Fog Creek Software will not hire an EAD holder. Can we do some thing about this blatant violation of the law?
As per I-9 form
The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination.
Any person wrongly discriminated due to EAD expiration date has the option of seeking claims for damages caused by the other party in court of law. I am not aware of any case involving such facts.
___________________
Not a legal advice
Fog Creek Software - Intern in Software Development (http://www.fogcreek.com/Jobs/SummerIntern.html)
"Permanent legal right to work in the United States. Because student visas (J1, F1, etc) are time-limited, we regret that we can't consider interns on student visas."
They key word here is "Permanent legal right to work in the United States". EADs (485 based EAD as well as F1 based EADs) have a limit of 1 year/2 year/29 months etc. Based on this Fog Creek Software will not hire an EAD holder. Can we do some thing about this blatant violation of the law?
As per I-9 form
The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination.
Any person wrongly discriminated due to EAD expiration date has the option of seeking claims for damages caused by the other party in court of law. I am not aware of any case involving such facts.
___________________
Not a legal advice
more...
newuser
05-23 07:37 AM
I am about to e-mail to the Senators based on the new letter.
Folks, but I have a simple question. Is the following provision addressed by IV when contacting the Senators or not ?
Placement of employees at client site(Consulting business practices): Under the proposed bill one cannot place H1B employees at another employer�s site (common in consulting business) whether you are H1B-dependent-employer or not. Today, the law places that restriction only on H1B-dependent-employers. This proposed law applies that restriction of outplacement on all employers across the board.
Folks, but I have a simple question. Is the following provision addressed by IV when contacting the Senators or not ?
Placement of employees at client site(Consulting business practices): Under the proposed bill one cannot place H1B employees at another employer�s site (common in consulting business) whether you are H1B-dependent-employer or not. Today, the law places that restriction only on H1B-dependent-employers. This proposed law applies that restriction of outplacement on all employers across the board.
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oliTwist
08-24 09:27 PM
AOS applied on July 2
EAD arrived on Aug23
Waiting for AP card & AOS receipts
EAD arrived on Aug23
Waiting for AP card & AOS receipts
more...
solaris27
08-13 08:24 AM
1) Contacted Senator/Congressman/Governor - No reply or progress
2) Filled 7001 form for Ombudsman - waiting for reply
3) Called USCIS 10 times in last 10 days and come to know that everything is cleared on my and wife applications. - everytime they tell someting diffrenet .
its shows how USCIS work ... as if everything is cleared our 485 should be cleared .
can't take infopass ( no option to check case status) or open SR ( as its not beyond 30 days) .
B
2) Filled 7001 form for Ombudsman - waiting for reply
3) Called USCIS 10 times in last 10 days and come to know that everything is cleared on my and wife applications. - everytime they tell someting diffrenet .
its shows how USCIS work ... as if everything is cleared our 485 should be cleared .
can't take infopass ( no option to check case status) or open SR ( as its not beyond 30 days) .
B
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nixstor
07-07 10:26 PM
I think we should go to USCIS/DOS office. But problem is we have to do this on weekdays and most of member won't be join on weekdays because of work.
If we do on weekend then we will get more response but then offices will be closed unless they working on weekend as they did last weekend.
Are you serious? If people are so much interested in getting a GC and would like to make an impact, a day's work should not be a big deal. Forget the weekend stuff as DC streets have no federal government business on weekends. There are some guys who are willing to drive from NY/NJ/NC.
Even if we take the poll and lets say 500 people would like to come, that number will become 250 or less as most of us will have last minute issues as usual :p
If we do on weekend then we will get more response but then offices will be closed unless they working on weekend as they did last weekend.
Are you serious? If people are so much interested in getting a GC and would like to make an impact, a day's work should not be a big deal. Forget the weekend stuff as DC streets have no federal government business on weekends. There are some guys who are willing to drive from NY/NJ/NC.
Even if we take the poll and lets say 500 people would like to come, that number will become 250 or less as most of us will have last minute issues as usual :p
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cgeek4u
09-30 10:01 PM
I also applied on July 19th at NSC and no update yet. Looks like we still need to wait for few more days :-)
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eager_immi
12-12 03:16 PM
Does anyone know what bill was AC21 attached to in Clinton's Administartion. That will give us some clue what bills we can tag to. I know the world is really very different after 9/11 but this is something we should look into to see what worked before might work again.
more...
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lskreddy
09-13 11:31 PM
Thanks for starting the thread. I share your grief and agree that we gotta do something. As much as I agree that we have to fight for our rights, I am not too sure if suing is the best option.
Again, if you all decide too, I will be more than glad to contribute my 100 but do we have enough ground to ask the questions in such 'blunt' manner? As much as you and I believe that our lives are completely topsy-turvied by these arcane policies, would some one arguing against our claim say that we are still entitled to do what we were allowed here to do. The employment visa allows us to work in a certain kind of job and nothing is hampering that aspect. Yes, it screws up promotions, displaces your plans to stay and has ill-effects both at a personal as well as professional levels but still..
If we have to sue, I think the ground work one has to do is immense. Find significant amounts of data from USCIS in terms of how random their approvals are and how it affects you after we all paid monies expecting a totally different pattern. If this can be accomplished, we could sue them probably for their lack of customer service, by-passing their guidelines on a consistent basis and thus hampering the lives of several people who were here for example in 2001, etc. I strongly believe data is our best friend (worst too, as it is personal data that we probably might not be entitled to even enquire..)
Again, I am no lawyer. I am sort of playing devil's advocate and just thinking through the obvious rebuttals. If we were too get enough data, combining that with active media publicity and some innovative ideas (flowers/clocks/watches whatever) or getting the businesses to acknowledge, then we may see certain changes.
I don't mean to damper your spirits by any sort. I certainly like the 'return my money if you fail to live by your own guidelines'.
Again, if you all decide too, I will be more than glad to contribute my 100 but do we have enough ground to ask the questions in such 'blunt' manner? As much as you and I believe that our lives are completely topsy-turvied by these arcane policies, would some one arguing against our claim say that we are still entitled to do what we were allowed here to do. The employment visa allows us to work in a certain kind of job and nothing is hampering that aspect. Yes, it screws up promotions, displaces your plans to stay and has ill-effects both at a personal as well as professional levels but still..
If we have to sue, I think the ground work one has to do is immense. Find significant amounts of data from USCIS in terms of how random their approvals are and how it affects you after we all paid monies expecting a totally different pattern. If this can be accomplished, we could sue them probably for their lack of customer service, by-passing their guidelines on a consistent basis and thus hampering the lives of several people who were here for example in 2001, etc. I strongly believe data is our best friend (worst too, as it is personal data that we probably might not be entitled to even enquire..)
Again, I am no lawyer. I am sort of playing devil's advocate and just thinking through the obvious rebuttals. If we were too get enough data, combining that with active media publicity and some innovative ideas (flowers/clocks/watches whatever) or getting the businesses to acknowledge, then we may see certain changes.
I don't mean to damper your spirits by any sort. I certainly like the 'return my money if you fail to live by your own guidelines'.
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wantgc23
09-09 08:34 PM
In current situation Labor is impossible for approval. My attorney told me clearly that labor is impossible to approve in this bad economy and wastage of money.
This is a very valid point.
Only options I see are
1. Follow IV's advocacy efforts
or
2. Just dont care about the damn GC and Live life :)
This is a very valid point.
Only options I see are
1. Follow IV's advocacy efforts
or
2. Just dont care about the damn GC and Live life :)
more...
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gkattalu
08-20 12:53 PM
Buddyinsd,
Please hang in there. I am sure you will get yours card soon...
For various reasons, I got my greencard 14 years after entering this country and 14years after getting my Ph.D. Life throws up challenges and we have to face them with courage.
Ha ha Congrats....
Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(
Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")
Please hang in there. I am sure you will get yours card soon...
For various reasons, I got my greencard 14 years after entering this country and 14years after getting my Ph.D. Life throws up challenges and we have to face them with courage.
Ha ha Congrats....
Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(
Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")
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Venky Sreedhar
02-26 03:13 PM
Contributed $ 100/=
Web Accept Payment Sent (Unique Transaction ID #356076680R804971P)
Original Transaction
Date Type Status Details Amount
Feb 23, 2011 Payment To Immigration Voice Completed ... -$100.00 USD
Unforunately I will not be able to attend because of a surgery.
Good luck with all your efforts and I am sure we will be able to achieve something positive.
Web Accept Payment Sent (Unique Transaction ID #356076680R804971P)
Original Transaction
Date Type Status Details Amount
Feb 23, 2011 Payment To Immigration Voice Completed ... -$100.00 USD
Unforunately I will not be able to attend because of a surgery.
Good luck with all your efforts and I am sure we will be able to achieve something positive.
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sroyc
11-21 03:48 AM
Sorry to hear about your situation. I would suggest that you talk to a good immigration lawyer about this.
In the worst case scenario, if your wife has an EAD she can try to find a job and ask her company to sponsor an H-1B.
I hope things take a turn for the better for you and your family.
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
In the worst case scenario, if your wife has an EAD she can try to find a job and ask her company to sponsor an H-1B.
I hope things take a turn for the better for you and your family.
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
mirage
03-07 11:48 AM
Nothing had been achieven in last 9 years. Last thing when anything that congress did for immigration was AC21 in 2000. Than how do you thing whatever our agenda is, can be achieved ?? While I think our agenda has to be modified so that we don't ask them what they have been rejecting repeatedly.
Why dont we all stick to a common agenda where there are more chances rather than everyone coming with some and in the end you know what happens...
IV is a platform where people do things together NOT everyone digressing in their own ways..not right...
Why dont we all stick to a common agenda where there are more chances rather than everyone coming with some and in the end you know what happens...
IV is a platform where people do things together NOT everyone digressing in their own ways..not right...
Macaca
07-08 09:28 PM
Macaca:
The anticipated demand (that is calculated based on Pending Applications, New Applications that might become approvable and plethora of other factors including guess work) on Oct 1 2005/Oct 1 2006 was MUCH higher than 140,000 that was available for the entire year. Infact you have to break 140,000 into four quarters and apply contry quota (7%) to it since EB-3 ROW was not current on these dates. Thus it was hardly a surprise that India and China and EB-3 ROW remained retrogress on these dates.
Now fast forward to June 2007, there were 40,000 visa available in that last quarter and EB-3 ROW was in no position to consume that many that means spillover would come to India and China EB3/EB3 or else visa would be wasted in big numbers. The solution was to increase the supply and hence everything was current overnight. Until USCIS came in to spoil the party. They didn't do it in any simple way instead they choose the route of complete exhashtion and hence shutting the door.
Bottom line is: Unless demand for EB-3 ROW subsides (or it becomes current leaving substantial numbers for spillover) India EB-2 will always be cap subjected to 3200 or so visas every year. The sad part is catching up with the demand for EB-3 ROW is a moving target and thus EB-2 India might NEVER qualify for spillovers. I hope I am proved wrong by someone who has more insight.
My analysis is minimally, if at all, dependent on India, China, ROW, ...
Offcourse I don't know all laws. I will believe DOS/USCIS URLs that explain how VB dates are set.
In general, it will be very useful to finds URLs that explain VB date setting and identify USCIS inconsistencies which they call LAW.
The anticipated demand (that is calculated based on Pending Applications, New Applications that might become approvable and plethora of other factors including guess work) on Oct 1 2005/Oct 1 2006 was MUCH higher than 140,000 that was available for the entire year. Infact you have to break 140,000 into four quarters and apply contry quota (7%) to it since EB-3 ROW was not current on these dates. Thus it was hardly a surprise that India and China and EB-3 ROW remained retrogress on these dates.
Now fast forward to June 2007, there were 40,000 visa available in that last quarter and EB-3 ROW was in no position to consume that many that means spillover would come to India and China EB3/EB3 or else visa would be wasted in big numbers. The solution was to increase the supply and hence everything was current overnight. Until USCIS came in to spoil the party. They didn't do it in any simple way instead they choose the route of complete exhashtion and hence shutting the door.
Bottom line is: Unless demand for EB-3 ROW subsides (or it becomes current leaving substantial numbers for spillover) India EB-2 will always be cap subjected to 3200 or so visas every year. The sad part is catching up with the demand for EB-3 ROW is a moving target and thus EB-2 India might NEVER qualify for spillovers. I hope I am proved wrong by someone who has more insight.
My analysis is minimally, if at all, dependent on India, China, ROW, ...
Offcourse I don't know all laws. I will believe DOS/USCIS URLs that explain how VB dates are set.
In general, it will be very useful to finds URLs that explain VB date setting and identify USCIS inconsistencies which they call LAW.
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