chanduv23
11-17 08:59 AM
In fact, I got laid off recently, my LC gone, which was filed on Sep,2004. I am looking for job again on my 8th year H1B extension. In this uncertain future it is better to return home for me.
I was in similar situation last year, I got layed off after working for 5 years in same company and was on my 6th year h1b with eb3 L/C pending in BEC. I switched to consulting immediately and got extension based on the old L/C and applied for new GC.
These are situations that are not under our control. We must live with these FOL
I was in similar situation last year, I got layed off after working for 5 years in same company and was on my 6th year h1b with eb3 L/C pending in BEC. I switched to consulting immediately and got extension based on the old L/C and applied for new GC.
These are situations that are not under our control. We must live with these FOL
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aachoo
02-23 07:41 PM
Got my RFE finally. It is for an employment letter. They gave me until 3/19. (RFE was generated on 2/13)
-a
-a
continuedProgress
12-28 10:44 AM
As far as I know, n2b you are home free!
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snathan
06-22 12:35 PM
come on guys....
more...
aat0995
08-07 05:44 PM
Student Visa comes to mind. I hope you don't cancel your marriage due to this fact. Good Luck. You might be able to start another GC process as well.
gc_on_demand
10-29 11:38 AM
they have delayed processing time so more people will file for premium processing and they earn more money. H1b quota is not filling up and all of a sudden processing time went from 2 to 6-7 months in 1 month. Because so many people ( h1 - h4 ) might be travelling in dec - jan season. Come back in feb - march and processing time will be again 2 months.
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gc_check
06-27 08:17 AM
I understand that there is lot of fear among applicants that USCIS might retrogress the dates interimly sometime in july due to the expected high volume of applications filing in the begining of july.
To minimize the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.
This will also reduce the pressure among applicants , attorneys and doctors.
Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??
Dude, From your previous posts looks like you have already filed and got your receipt notice.
http://immigrationvoice.org/forum/showthread.php?p=87755#post87755
http://immigrationvoice.org/forum/showthread.php?p=80880#post80880
Well, this is not a good idea ... and obviously every one is as anxious as others to get their papers filed on time. This does not make sense at all. I read your posting history and notice your posts with GC approval and also about receipt notice for spouse.
What is goin on with you ?
To minimize the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.
This will also reduce the pressure among applicants , attorneys and doctors.
Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??
Dude, From your previous posts looks like you have already filed and got your receipt notice.
http://immigrationvoice.org/forum/showthread.php?p=87755#post87755
http://immigrationvoice.org/forum/showthread.php?p=80880#post80880
Well, this is not a good idea ... and obviously every one is as anxious as others to get their papers filed on time. This does not make sense at all. I read your posting history and notice your posts with GC approval and also about receipt notice for spouse.
What is goin on with you ?
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aniltatikonda
08-07 12:49 PM
PD : Nov 2004
RD : July 25 2007
140 Approval : Oct 2006
RD : July 25 2007
140 Approval : Oct 2006
more...
krishnam70
04-14 11:59 AM
So after more than a month of sleepless nights, thanks to Immigration Voice looks like my I 485 application is back on track.
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
ps:
Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.
I am glad your file is back on track and kudos to IV for helping out in this dire situation. I think this needs to be a revelation to people who have been questioning IV's commitment to our cause. This case should not be construed as a template for individual calls to help for everybody. Your problem is unique and IV has been able to help. I only hope people dont start flooding the IV helpline with calls to pursue their individual cases based on delays in processing etc and then blame IV for not being able to help in their case.
This shows collective action and an honest organizational effort will go a long way in helping out the community and we should all share our responsibility in helping each other through IV.
- cheers
kris
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
ps:
Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.
I am glad your file is back on track and kudos to IV for helping out in this dire situation. I think this needs to be a revelation to people who have been questioning IV's commitment to our cause. This case should not be construed as a template for individual calls to help for everybody. Your problem is unique and IV has been able to help. I only hope people dont start flooding the IV helpline with calls to pursue their individual cases based on delays in processing etc and then blame IV for not being able to help in their case.
This shows collective action and an honest organizational effort will go a long way in helping out the community and we should all share our responsibility in helping each other through IV.
- cheers
kris
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swadeshi
08-31 01:50 PM
Congratulations! Though I don't know why it took you so many days, I could understand if it was the other way around (him explaining you). You should meet my wife and get some lessons. :) just kidding. Thanks for bringing in the whole team, great spirit.
If you are getting your wife along, I would like to meet her for a cup of coffee (after the rally) and well mebbe I can get some pointers of wisdom or a quick course on " How to make ones husband listen"!! Just kidding!!;)
I will PM you my contact details, lets do meet up at DC.
If you are getting your wife along, I would like to meet her for a cup of coffee (after the rally) and well mebbe I can get some pointers of wisdom or a quick course on " How to make ones husband listen"!! Just kidding!!;)
I will PM you my contact details, lets do meet up at DC.
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gconmymind
04-24 03:57 PM
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).
You must have already done some of this - try to contact your local Congressman, Attorney, Employer and try to find more info. This is completely unacceptable. After the PIMS introduction, I am hearing a lot of horror stories. It never used to be so bad earlier.
How can the consulate keep passports for so long? Basically, they are even barring you from taking any journey anywhere abroad. Why?
National security and background checks are a must but with someone who has been in US for 5+ years (or for that matter even once) should already have been verified.
I am assuming you do not have AP or do not want to use it...otherwise you can ask for your passports, abandon the visa application and enter US using AP. Talk to your attorney if you try this..
You must have already done some of this - try to contact your local Congressman, Attorney, Employer and try to find more info. This is completely unacceptable. After the PIMS introduction, I am hearing a lot of horror stories. It never used to be so bad earlier.
How can the consulate keep passports for so long? Basically, they are even barring you from taking any journey anywhere abroad. Why?
National security and background checks are a must but with someone who has been in US for 5+ years (or for that matter even once) should already have been verified.
I am assuming you do not have AP or do not want to use it...otherwise you can ask for your passports, abandon the visa application and enter US using AP. Talk to your attorney if you try this..
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chanduv23
10-31 09:47 AM
Folks, don't beat ur head on this.
OP - as long as you followed all laws and everything is perfect with you, don't worry.
Almost all the AC21 denials that I am aware of have been successfully reversed if you think that is the case.
Do not expect any valuble information from USCIS when your date is not current.
They can give the following if you go for infopass : name check issues, address change issues, FP issues, (if u r lucky they might tell u that it is preadjudicated) etc...
As an alternate you may want to contact the Ombudsman and explain in detail about your thoughts on this cryptic letter and request for "proper information"
As another alternative - contact your law maker. Go to your congressman's office and show the cryptic letter. Tell them you are concerned, you have family and followed all rules properly and curious to know if there is anything wrong that is going on that you might not be aware of and would like to correct it.
A proper response will give you peace of mind.
OP - as long as you followed all laws and everything is perfect with you, don't worry.
Almost all the AC21 denials that I am aware of have been successfully reversed if you think that is the case.
Do not expect any valuble information from USCIS when your date is not current.
They can give the following if you go for infopass : name check issues, address change issues, FP issues, (if u r lucky they might tell u that it is preadjudicated) etc...
As an alternate you may want to contact the Ombudsman and explain in detail about your thoughts on this cryptic letter and request for "proper information"
As another alternative - contact your law maker. Go to your congressman's office and show the cryptic letter. Tell them you are concerned, you have family and followed all rules properly and curious to know if there is anything wrong that is going on that you might not be aware of and would like to correct it.
A proper response will give you peace of mind.
more...
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optimystic
10-12 06:17 PM
Yes, your point is entirely valid. I didn't know about this cross-country provision. Another unfair provision.
In fact, my point was that unfairness should be dealt with on all possible fronts. If the system works properly, nobody will need to do anything that is even remotely unfair.
I have a strong gut feeling that 2009 would be a good year for EB3. They will start approving more cases I think.
I certainly hope for the best this year. My PD is currently current, but I am still helpless. Can't file a service request nor know any kind of status (unless on pure luck I run into a good natured IO over phone or infopass). Just have to pray that they find and get to my application while dates are still current.
This thing is a dual headed monster....If you conquer the PD head, the processing date Head pops up and vice versa.... I was in same situation briefly ( a month or two of PD being current but Processing dates stuck at July 2, 2007 at NSC) early this year and had to sit back and painfully watch the PD for EB3-I becoming 'U' again. I am more afraid of the 'unavailability' than retrogression now!! With retrogression you can atleast hope it might become current in the next month or one after that. But with 'U' , you just have to wait until Oct next year !!!
The moment they advance the PD for EB3 I and my application still remains untouched , I am gonna try to take that info , take an Info Pass and ask the IO, if they had advanced the PDs, it means they exhausted every application that could be approved and wanted to find more....so what ever has happened to my case !! I hope it wouldn't come to that.
In fact, my point was that unfairness should be dealt with on all possible fronts. If the system works properly, nobody will need to do anything that is even remotely unfair.
I have a strong gut feeling that 2009 would be a good year for EB3. They will start approving more cases I think.
I certainly hope for the best this year. My PD is currently current, but I am still helpless. Can't file a service request nor know any kind of status (unless on pure luck I run into a good natured IO over phone or infopass). Just have to pray that they find and get to my application while dates are still current.
This thing is a dual headed monster....If you conquer the PD head, the processing date Head pops up and vice versa.... I was in same situation briefly ( a month or two of PD being current but Processing dates stuck at July 2, 2007 at NSC) early this year and had to sit back and painfully watch the PD for EB3-I becoming 'U' again. I am more afraid of the 'unavailability' than retrogression now!! With retrogression you can atleast hope it might become current in the next month or one after that. But with 'U' , you just have to wait until Oct next year !!!
The moment they advance the PD for EB3 I and my application still remains untouched , I am gonna try to take that info , take an Info Pass and ask the IO, if they had advanced the PDs, it means they exhausted every application that could be approved and wanted to find more....so what ever has happened to my case !! I hope it wouldn't come to that.
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dummgelauft
07-28 10:52 PM
There is a question about removing per country limit at the end.These morons are very concerned that no single country (meaning China and India) overwhelm the supply of immigrant visa's. I wonder if they will consider applying country limits when passing amnesty :D
.limit or no limit..they WILL end up with more Chinese and Indians anyways than other nationalities..just because of the sheer numbers, from these two countries....
.limit or no limit..they WILL end up with more Chinese and Indians anyways than other nationalities..just because of the sheer numbers, from these two countries....
more...
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mmj
04-24 08:32 PM
I think 90% of the people are doing nothing :(
People are thinking they give $100-$200 or $1000 to IV and their duty is done, they have no clue what we are up against...
People are thinking they give $100-$200 or $1000 to IV and their duty is done, they have no clue what we are up against...
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prioritydate
08-07 05:45 PM
Here we go again. They are approving this on purpose, I guess.
more...
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gc28262
03-03 06:10 PM
I too thought that it could be a hoax call. But When I discussed with my employer and came to know the name of the person who called me is same as that of person who visited our employer 2 months back, then I realized that it is not a hoax call.
But I really don't understand what was the purpose and why I got such call and why he did not show up. Till now there is no communication from the officer.
Do you have this "officer"'s caller id in your phone records ?
In case it is one of your colleagues trying to fool you.
But I really don't understand what was the purpose and why I got such call and why he did not show up. Till now there is no communication from the officer.
Do you have this "officer"'s caller id in your phone records ?
In case it is one of your colleagues trying to fool you.
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mirage
03-11 05:23 PM
Probaby you didn't see the whole list...
From Your Petitioner:
� A copy of the petition with all supporting documents as filed to USCIS.
� A copy of the employment contract or letter of agreement signed by you and the petitioner.
� Petitioner�s Income Tax Return for the last two tax years and financial statements.
� A notarized list of all the petitioner�s employees of the job site listed. The list should show all employees� names, their specific job titles, start and end dates, and their individual salaries and immigration status.
� State Unemployment Wage Reports, showing all wages paid to each employee in the state, for the past three quarters. (This should be the actual forms filed to the State authorities listing each employee and wages paid during the quarter.)
� A letter from the client company sponsoring the project and a copy of the contract between the U.S.-based petitioner and the client company, stating the timing, terms and agreement for your project.
� A copy of the contract between the U.S. employment agency (petitioner) and the job site (the location where you will actually work).
� A letter (on letterhead) from the personnel department at the U.S. job site stating that there is a vacancy for you.
� A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final product.
I find the requirements for H/L visa at Hyderabad quite legit.
Asking employer (petitioners) last 2 years tax filing records + State Unemployment Wage Report + list of employees ensures that Petitioner really has a job offered ready and is not just a plan shop which would get head-count and hold them on zero/less pay on bench while they find a client.
Currently this is what is happening in certain cases which is considered a fraudulent use of the visa.
As a result of ramped fraud (On bench w/o assignment and not paid salary in full) the consulate is asking for all paystub and bank statements (which would show regular pay check deposits) to prove that petitioner (employer) did really pay regular salary. Otherwise, both petitioner and employee are de-frauding by not paying (employer) and not reporting (employee).
What's wrong in asking these documents?
From Your Petitioner:
� A copy of the petition with all supporting documents as filed to USCIS.
� A copy of the employment contract or letter of agreement signed by you and the petitioner.
� Petitioner�s Income Tax Return for the last two tax years and financial statements.
� A notarized list of all the petitioner�s employees of the job site listed. The list should show all employees� names, their specific job titles, start and end dates, and their individual salaries and immigration status.
� State Unemployment Wage Reports, showing all wages paid to each employee in the state, for the past three quarters. (This should be the actual forms filed to the State authorities listing each employee and wages paid during the quarter.)
� A letter from the client company sponsoring the project and a copy of the contract between the U.S.-based petitioner and the client company, stating the timing, terms and agreement for your project.
� A copy of the contract between the U.S. employment agency (petitioner) and the job site (the location where you will actually work).
� A letter (on letterhead) from the personnel department at the U.S. job site stating that there is a vacancy for you.
� A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final product.
I find the requirements for H/L visa at Hyderabad quite legit.
Asking employer (petitioners) last 2 years tax filing records + State Unemployment Wage Report + list of employees ensures that Petitioner really has a job offered ready and is not just a plan shop which would get head-count and hold them on zero/less pay on bench while they find a client.
Currently this is what is happening in certain cases which is considered a fraudulent use of the visa.
As a result of ramped fraud (On bench w/o assignment and not paid salary in full) the consulate is asking for all paystub and bank statements (which would show regular pay check deposits) to prove that petitioner (employer) did really pay regular salary. Otherwise, both petitioner and employee are de-frauding by not paying (employer) and not reporting (employee).
What's wrong in asking these documents?
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Legal
07-17 08:42 AM
but even with this big announcement tomorrow, we still only have 140,000 visas and keep in mind USCIS has just been averaging about 100,000 per year. (so about 40,000 get wasted every year)
All all this does is to push the bottleneck further down the pipeline.
the only benefit I see is that it helps with filing of AP and EAD which does not help someone like me with my 485 already pending
Sorry I dont share the enthusisam
jasguil
It is still some progress. Since June 13 th these arguments have been repeatedly brought up by people who already have a pending 485. No one ever said the fight is over or everything will be hunky dory.
All all this does is to push the bottleneck further down the pipeline.
the only benefit I see is that it helps with filing of AP and EAD which does not help someone like me with my 485 already pending
Sorry I dont share the enthusisam
jasguil
It is still some progress. Since June 13 th these arguments have been repeatedly brought up by people who already have a pending 485. No one ever said the fight is over or everything will be hunky dory.
shana04
02-13 11:22 AM
Sorry Shana,
I am a bit confused now, are you in your 5th year extension?.. In which year did your H1 expire?.
Thanks,
Example:
If your h1 expires Feb 12 2010, i.e. you still have 2 more years.
Assuming: 140 approved and 485 filed.
Now if you use ac21 with h1, you would only get 2 yrs of extension and there after only 1 yr. (attorney said, if you have 140 approved you get 3 yrs extenion. but once you file your 485, you get the remaining time of 6 yrs or if you are in your 6th year, then you get 1 yrs extension).
Hope this answers most of the quesitons.
I am a bit confused now, are you in your 5th year extension?.. In which year did your H1 expire?.
Thanks,
Example:
If your h1 expires Feb 12 2010, i.e. you still have 2 more years.
Assuming: 140 approved and 485 filed.
Now if you use ac21 with h1, you would only get 2 yrs of extension and there after only 1 yr. (attorney said, if you have 140 approved you get 3 yrs extenion. but once you file your 485, you get the remaining time of 6 yrs or if you are in your 6th year, then you get 1 yrs extension).
Hope this answers most of the quesitons.
gc_chahiye
09-01 08:40 AM
Well.. this is how I understood "He applied for his so-called green card, [...], in 2004" if it means LC, then the article is correct. but then "eight years ago" - doesn't make sense.
BTW, the link works without 'www' (stone to abc's IT guys)
http://abcnews.go.com/Business/story?id=3526093&page=1
sadly because of the way the GC process works, even that 'eight years ago' part makes sense: he got hired by that company 8 years ago and probably started his LC. After the company got acquired, the acquirer restarted the GC for everyone (typically a successor in interest company picks up the GC as-is and things can continue, but there have been cases where lawyers recommend restarting because of all the changes in the job location/profile etc).
Many people who came here in 2000/2001 have a PD of 2005/2006. It really sucks (I am in the same boat)
BTW, the link works without 'www' (stone to abc's IT guys)
http://abcnews.go.com/Business/story?id=3526093&page=1
sadly because of the way the GC process works, even that 'eight years ago' part makes sense: he got hired by that company 8 years ago and probably started his LC. After the company got acquired, the acquirer restarted the GC for everyone (typically a successor in interest company picks up the GC as-is and things can continue, but there have been cases where lawyers recommend restarting because of all the changes in the job location/profile etc).
Many people who came here in 2000/2001 have a PD of 2005/2006. It really sucks (I am in the same boat)
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