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  • Jason-The River (by Bruce



  • gc_lover
    07-18 03:52 PM
    service cntr lady said that they sent the applications back. They do not use overnight Fedex like you and me,they use regular mail.and it could take 4 wks too ..so will have to wait again for this? rejection and then refiling the same stuff?

    She just said that to get rid of you over the phone. Lot of people have called USCIS and no one heard of any rejection notice being generated. I think we should be okay!





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  • saileshdude
    03-31 10:29 AM
    Hello,
    Here is my case trail

    worked with employer A from June 2005 on h1b visa.
    Employer A applied for GC under PERM EB2 with PD - March, 2nd 2006 - labor approved in a couple of weeks
    Employer A applied for i 140 in June 2006 and got approved in July 2006
    Filed for i 485 in July 2008 never received FP notices
    Project got over in last week of February 2008 and unable to find new project.
    I switched jobs in last week of April 2008 using EAD - using AC21
    Sent AC21 letter to USCIS in July 2008 about job change.
    Employer A requested 140 revoke in August 2008.
    Spouse got FP notice in August 2008 whereas I (primary) got NOID asking for new employment details.
    Responded to NOID in a timely manner and on August 25th, 2008 - my status changed to "Response received - case processing resumed"
    In Jan 2009 I got my FP notice.
    In Jan 2009 - I travelled using AP and got back fine.
    In March 2009 - I got a denial notice saying "485 is denied because 140 was revoked on August 2008. No appeal only MTR" - thisletter comes from a different officer id than the one who sent the NOID.

    My question to UN and other gurus. Does it have anything to do with a changed interpretation? My lawyer says "This is a training issue - the new officer did not know about AC21 and as soon as he/she saw 140 as revoked - just ignored your other details on the case and issued a denial notice. This is very common and can be resolved using MTR"

    Your lawyer is probably correct. This has to do with IO who are not aware of AC21 laws. But make sure your employer did not have any issues with DOL, USCIS in responding to RFEs related to other employees like H1 RFE, ability to pay , etc which may be used against your application.





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  • B3NKobe
    06-04 10:41 PM
    @Unchew: Love it mate :D:D!!





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  • signin241
    07-26 09:21 AM
    I'm getting married in August and my wife will be here in Sep/Oct. My PD is pretty recent - May 2007 EB2 (India). I'm planning to file my 140/485 (concurrent) and maintain my H1B for now and also bring my wife on H4. As long as she wants to be on H4, I'll maintain my H1 and once my PD comes CURRENT again, I'll file her 485.

    Now, I've heard that my 485 won't be approved before my date is CURRENT again. Once the bulletin releases and if my date is CURRENT, I'll send my wife's papers to USCIS immediately. But it seems like I can get FP notice even before my dates become CURRENT. That case, my FP and other stuff might finish early and my wife's late. Does this affect her case in anyway as there is every chance that my 485 gets approved early and hers late. Will she be "out of status" because of her 485 pending and mine approved.

    What do you suggest ??



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  • pmb76
    03-27 03:17 PM
    People may get LUD (not trying to demoralize just facts), but with this recession....koi chance naheeen of any date movement.......bullietin or no bullietin...just cut and past of past month.......as far as i am concerned, first my id was kutta, now its Khujao Kutta due to the itch caused by the GC wait....dont know what the id will be next...in short wait will continue....:D


    Maybe you can change your name to laalkutta coz you've turned red by scratching so much.





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  • richshi
    10-18 11:05 PM
    An important bill was introduced in the house today that forces the FBI to end all namecheck backlogs. This is a very short bill and it has just one provision - to end namecheck backlogs. This is exacly the kind of bill we were looking for.
    This is different from the bill that was passed in Senate recently.

    The important thing for all of us:
    WRITE TO YOUR REPRESENTATIVE AND ASK HIM/HER TO SUPPORT THIS BILL.

    Unless you write, this bill is not going to pass - please do so immediately.
    You can find out who your representative is and for instructions on how to contact him/her here:

    http://www.house.gov/writerep/

    Please post this message in all immigration groups you are member of.

    PDF version: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h3828ih.t xt.pdf

    HR 3828:
    (a) In General- Not later than 180 days after the date of the enactment of this Act, the Attorney General and the Secretary of Homeland Security shall jointly provide to the Committees on the Judiciary, Homeland Security, and Appropriations of the House of Representatives, and the Committees on the Judiciary, Homeland Security and Governmental Affairs, and Appropriations of the Senate, a plan for ensuring that, within 18 months of the date of enactment of this Act, the National Name Check Program, administered by the Records Management Division of the Federal Bureau of Investigation (FBI), will no longer have any requested name checks from U.S. Citizenship and Immigration Service (USCIS) in backlog status.

    (b) Elements of Plan- The plan shall include the following elements:

    (1) Necessary improvements to computer systems so that all records may be transmitted, maintained, and checked electronically, and whether it is possible to centralize this information in a single searchable database.

    (2) How the FBI will improve communications with USCIS to ensure the maximum efficiency in processing name check requests from that agency.

    (3) Security upgrades in transferring information between the FBI and USCIS to ensure the privacy of any individual receiving a name check.

    (4) Long-term fixes that will prevent any future backlog, including a risk management analysis of changes that can be made to streamline the process and policies for obtaining FBI name checks in connection with applications and petitions for immigration benefits.

    (5) An estimate of the funding required to complete the operation by the required date along with an estimate of any possible fee increases.

    (6) A study regarding the best practices in assessing the level of risk presented by applicants. The study will determine whether the current risk assessment process should be modified.

    (7) A report of the number of applications and petitions that remain pending at USCIS more than 6 months after the name check results have been returned from the FBI to USCIS.

    (c) Effect of Backlog On and After 18 Months of the Date of Enactment of This Act- Beginning 18 months after the date of the enactment of this Act, the National Name Check Program is not authorized to have any file in backlog status. After that date, any name check request from USCIS held in the possession of the National Name Check Program for longer than 6 months--

    (1) will be referred to the Secretary of Homeland Security, who shall adjudicate interim benefits in connection with the application with which the FBI name check was requested, unless the Secretary certifies there is reasonable cause to suspect that the applicant poses a threat to national security, otherwise poses a threat to the United States, or has broken United States immigration law; and

    (2) the name check fee shall be fully refunded.

    (d) Backlog- For purposes of this section, the term `backlog' means, with respect to a file sent to the National Name Check Program from USCIS, that the file has been pending under the jurisdiction of the Justice Department for longer than 6 months.

    END



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  • willgetgc2005
    11-15 02:17 PM
    It indeed is nonsense. You give money where you cant get any benefit.
    Oh well, I guess that is OK.Then they trash you saying you have not paid.
    Then they say, you have not paid so get out.

    Fun stuff ?




    Why do people spread the false propaganda that H1Bs do not pay taxes? This is utter nonsense.





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  • Raju
    07-19 11:09 AM
    Stop Talking and Act guys. Here are the details of contribution I made today. I have contributed multiple times in the past and will do so in future. I feel ashamed and guilty that my contributions are peanuts compared to Aman's. I hope many more IVers will contibute.


    Seller Information: Immigration Voice
    donations@immigrationvoice.org

    This Payment will appear on your credit card statement as "IMMIGRATION"


    Transaction ID: 1***99C5130063R Placed on Jul. 19, 2007
    Payment For Quantity Price
    Contributions
    Item #Contributions 1 $100.00 USD
    Subtotal: $100.00 USD
    Sales Tax: $0.00 USD

    Total Amount: $100.00 USD



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  • annsheila79
    04-19 09:48 AM
    congratulations





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  • mk26
    01-21 09:54 AM
    I am in , can any one tell me if we can fight to get our social security money if they target only H1bs, why don't they do this also who will deported should get the money contributed to social security and medicare



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  • desi3933
    05-08 06:20 PM
    Feedbacks I have received for my post -

    http://i39.tinypic.com/2jcvnh5.jpg





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  • msyedy
    02-05 08:48 PM
    This is a blatant violation of what IV stands for. When you are asking for your spouse to work, you are indirectly saying that it is your priority instead of a GC.

    So, are you just interested in making more money or getting a GC? If you are interested in your spouse working, it indicated you want to make more money. This will come at a cost of IV not being able to push the GC as a priority item.

    Please analyze your requests, its impact on the organization and the morale of the core team before posting such irrelevant posts. Right now, the goal of the organization is to push forward the GC agenda without getting distracted with "H-4 needs to work request".


    Go IV!!!!!!!!!!! Go IV Core!!!!!!


    I totally agree with you viva...

    Is this a solution to retrogression?
    Oh my god...
    USCIS please let our spouses work and take as much time as you want to give us the green card we are not in a hurry!!!!

    How can anyone come up with these un realistic solutions man.
    True true true This persons intension is not a GC but make money...

    Please let us not go further into this, let us prepare ourselfs to fight for the I-485 provision that IV is working on..

    We shall overcome



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  • fide_champ
    03-29 08:42 AM
    Came to USA on H1B, paid for the H1B fees(at that time didn't know it was illegal to do so)
    however after coming here , Paid for my own ticket and landed here on start of january 2011.

    Confirmed my arrival to the employer too. Since my leaving the home country there has not been any mail correspondence from the employer , though i have been writing many. Talked to him over the phone and he said he wasn't responsible for my arrival as he doesn't have any project for me. Waited to get another job as a H1B TXFR but stuck with trnsfrs issues due to non availablity of paystubs from him.

    I never reported to work as he said dont come to office, dont have any paystubs, but have all my H1B papers , I97 and Employment offer from that consultant. I have decided to leave back to my home country but not before reporting this blood sucker to DOL.

    I need to clarify a few things before i nail these blood suckers

    1. How long before i board my flight back home , should i send the documents to DOL

    2. I have the originals of H1B filing and LCA and I94, are they rquired in originals
    or copy to send to DOL

    3. What other documents should i send alongwith

    4. Do you think my case will get weaker if iam not here ? As i am flying back to my home country.

    5. I dont want these suckers to go scott free, so how to build my case here , can i ask the DOL to recover my wages for 4 months i wasnt getting paid.


    I do not care if i get any wages or not from them , but i really wanna see the locks on the gates of this company. They shouldn't take H1B and its applicant for scapegoats.

    Any advices are welcome to help me bring these guys to justice.

    did you and your employer agree on a joining date? Who's call it was to bring you into US? If you are working for a consulting company, you probably don't have agreements like this. But when you are spending your own money, I would expect you to be doubly sure that your employer wants you to be in the USA.

    You've landed straight into the pitfalls of this body shopping business unfortunately you've lost quite a bit due to this. I am not sure screwing the employer should be the top priority. All your effort at this point must go into finding a way to stay in this country. If you do not have paystubs, you could still get a H1 transfer but you may not get a new I-94. Explore all options to stay in this country legally and resurrect your career.





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  • gsc999
    07-11 06:41 PM
    [COLOR=Navy][FONT=Comic Sans MS]I think you guys are organizing a watershed event for skilled, legal immigrants - I wish you great success.

    I cannot emphasize the importance of alerting media to this. Media attention is not at its best over the weekend so you will have to work extra hard to make sure that you get good media coverage. I hope that someone is working on creating a press release for the event.


    --
    Will the Nor Cal P.R. person please stand-up!

    We are coordinating the media effort with the core team and focussing on the tactical stuff right now.



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  • Robert Kumar
    04-19 05:26 PM
    Actually I know someone who got it even faster.

    This Pakistani guy came to the US in 2004 fresh off boat to do Masters. Completed Masters by mid 2005, immediately landed job at MS, they started his GC immediately in EB2 ROW and by end of 2005 he had GC in hand. It was ridiculous.

    How many days is it taking for labor to clear these days.





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  • rockstart
    06-11 08:56 AM
    You should be fine this will not affect your GC as long as you appear in court on time. Make sure your lawyer defends the case well.



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  • Jerry2121
    07-06 02:23 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?
    :) ;) :) ;) :) ;) :) ;) :)

















    HI
    Here is a run down on my case:
    First I-485 applied in 6/2002,
    Fingerprint done, EAD obtained in 2/03
    Application withdrawn by spouse due to conviction
    Second I-485 applied by my 2nd DW in 7/05
    Interview granted in 5/06
    Case still pending due name check
    GC? till date
    Anyone with a similar case and any advice on this case? I've spent about 30K USD on this case on Lawyers and still have NOT got any decision from the USCIS. Now , I'm considering filing a WOM. Whats your take on this? Thanks Guys!





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  • cal97
    07-18 02:54 PM
    Pd: June 2004
    Category: EB2
    Reached NSC: 7/2 8:46 AM
    Rejected: Don't Know





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  • gans
    07-11 12:23 PM
    For the rally, I think some members were looking for poster ideas. I just thought of some :

    Legal immigrants deserve 'honesty' (like 'amnesty')

    Skilled immigrants' aspirations 'killed'

    Green card applicants see Red

    I will try to come up with some more. If it's not good, no worries, I wouldn't take it personally:)





    IfYouSeekAmy
    05-07 07:21 AM
    Why are you so PROUD to be an American? Just be happy for it...its just your need so that you can live in this country for as many year as you want and of course its good achievement and i am happy for you, you just lived here for 10+ yrs and you forgot your Home country where you were born and gave you a good education with you had an opportunity to come here and make your life based on that..you should be PROUD of that country no matter where you go and what you achieve its all because of you Home Country

    If you are form INDIA then you should say "Mera Barath Mahan" first and then "God Bless America"

    Many Congrats!! to you on your American Citizenship Good Luck!!

    Why shouldn't he be proud? I am sure he had to struggle to get his GC first as we all did and then wait to become a US citizen. He has chosen the US to be his country and so he has all the reasons to be proud! As for being Indian fisrt and then being American, it is all wrong. You can't have one foot in one place and the other foot in another place. He chose the US as his country and he as an obligation to be loyal to the US first.





    ElectricGrandpa
    06-16 11:47 AM
    normally iPod skins don't change the appearence of your surroundings....

    Yes, and normally, iPods aren't always on white backgrounds. Last time I checked, my jean pockets were blue :)

    I should also add, that the backgrounds are chosen based on what best suits the iPod. Normally Apple displays their iPods on white backgrounds because that's what they look best on, but when they came out with the U2 iPod(which BTW has a modded clickwheel) they have pictures of it on a black background(http://images.apple.com/ipod/u2/gallery/images/u2front20041026.jpg) because that's what it looks best with.

    You can't expect people to make tons of unique skins and then not make backgrounds that show them in their best light. A white background wouldn't go with my skin design nearly as well.

    -Matt



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