GCapplicant
07-27 10:09 PM
Where the hell all these guys when EB3 is getting 80K to 100K of total 140K visas all these years and EB2 is getting just merely 10%-15%. Nobody from EB2 didn't felt jealous like this before. It is hard to digest for them now.
Hi Dpp
kindly dont use hell ! jealous , these type of words are not required for any argument.
If you want EB2 I to get the visas and move forward...it will.
I understand u r EB2 ....EB3 I is frustrated...like how you want ur GC its the same line EB3 I is also.
The guys from EB3I have been waiting all these years.
Its the DOL's mistake for the delay of labor approvals ,hence the visa wastage.Otherwise this backlog for EB3 I woudnt have been there in the first place.
The two years standard gap would have been maintained there for EB3 I and EB2 I as usual.
When there is no movement ,this will be the reaction for the EB3 I people.
When you are eager for yr Gc ,the same rule applies for everone.
There is a big block EB3 row in between -so dont say all the visas were taken by Eb3 I only.
Did you know the visa flow earlier?
I never knew.People learn by experience.
These frustrations are not jealousy...Eb3 I is suffering and waiting for a solution.
kindly dont under estimate anyone's feelings.Every family here is undergoing pressures and agony.
I participated in the mail campaign... We are fighting for the lost justice.
Let us team as one and work best.Ever one deserves their own share.
I am not here for any argument.
Hi Dpp
kindly dont use hell ! jealous , these type of words are not required for any argument.
If you want EB2 I to get the visas and move forward...it will.
I understand u r EB2 ....EB3 I is frustrated...like how you want ur GC its the same line EB3 I is also.
The guys from EB3I have been waiting all these years.
Its the DOL's mistake for the delay of labor approvals ,hence the visa wastage.Otherwise this backlog for EB3 I woudnt have been there in the first place.
The two years standard gap would have been maintained there for EB3 I and EB2 I as usual.
When there is no movement ,this will be the reaction for the EB3 I people.
When you are eager for yr Gc ,the same rule applies for everone.
There is a big block EB3 row in between -so dont say all the visas were taken by Eb3 I only.
Did you know the visa flow earlier?
I never knew.People learn by experience.
These frustrations are not jealousy...Eb3 I is suffering and waiting for a solution.
kindly dont under estimate anyone's feelings.Every family here is undergoing pressures and agony.
I participated in the mail campaign... We are fighting for the lost justice.
Let us team as one and work best.Ever one deserves their own share.
I am not here for any argument.
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ArunAntonio
07-06 05:21 PM
to generate more support, I live in Bay area and I am very willing to participate.but cant at such short notice. we need to generate some media awareness before we organize a rally so that we get coverage.. any idea who is organizing this?
seahawks
07-08 09:54 AM
if there are more than 200 people then weekend works too, it will get coverage, but otherwise anything in DC must happen beginning of the week. Senators congressmen usually leave town Thursday night. So if the intent is to show tourists or if the intent is to show lawmakers is what we need to decide. If the numbers are high on a weekend, then automatically there will be press coverage. Somebody needs to prepare press statements and so on. It not about convenience more than needs, lets weigh in how many people can we get to participate first, firmly.
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eyeswe
05-01 10:38 AM
Thanks for bringing this up. In the byzantine world of USCIS regs this probably got lost somewhere?
But i agree with the post above .. we are really stuck between a rock anda hard place on this issue..If we ask them to move all spouse visa numbers to Family , which is how it should be based on the legislations you are quoting, then our partners will have to wait for more number of years than EB categories. It does not matter that EB3 is now U. my feeling is in the long run EB is a better category than FB....
Also it could present more issue for all those aged out folks who are at least in EB where the gravy train seems to be inching unlike the FB train... And we don't even need to scenario plan the FB if all our spouse appln goes in to taht bucket.. But there is an advantage.. the primary applicant could get their GC cards faster (I am assuming) and this probably may be truer (if there is anything like that) for India and China, where usually the EB applicantion includes spouse/child visa reequest as well..
Very hard to choose.. Also what happens if the primary applicant gets the GC, but the spouse cannot.. On waht visa he/she will continue? May be that is the reason why they assumed all spouse visa application as EB?
But i agree with the post above .. we are really stuck between a rock anda hard place on this issue..If we ask them to move all spouse visa numbers to Family , which is how it should be based on the legislations you are quoting, then our partners will have to wait for more number of years than EB categories. It does not matter that EB3 is now U. my feeling is in the long run EB is a better category than FB....
Also it could present more issue for all those aged out folks who are at least in EB where the gravy train seems to be inching unlike the FB train... And we don't even need to scenario plan the FB if all our spouse appln goes in to taht bucket.. But there is an advantage.. the primary applicant could get their GC cards faster (I am assuming) and this probably may be truer (if there is anything like that) for India and China, where usually the EB applicantion includes spouse/child visa reequest as well..
Very hard to choose.. Also what happens if the primary applicant gets the GC, but the spouse cannot.. On waht visa he/she will continue? May be that is the reason why they assumed all spouse visa application as EB?
more...
dpp
07-05 09:29 AM
My application reached on July 2nd, 10.25 AM. Signed by J.BARRRET.
narendra_modi
02-09 11:54 PM
Really? Narendra Modi is great? And thats why he has been banned from visiting USA...WOW
hahaha...who said that..I am here with you sitting with you guys - in the heart of capital of the world ....I don't need any entry permit ....And in India, no body can dare me even touch to me..they know the consequences ....Sooner or later you will see me in New Delhi's PM chair..believe it or not ..Let them indict me in Godhara & post Godhara & world will remember that day as a turning point of Indian politics !!!
hahaha...who said that..I am here with you sitting with you guys - in the heart of capital of the world ....I don't need any entry permit ....And in India, no body can dare me even touch to me..they know the consequences ....Sooner or later you will see me in New Delhi's PM chair..believe it or not ..Let them indict me in Godhara & post Godhara & world will remember that day as a turning point of Indian politics !!!
more...
JunRN
09-12 03:58 PM
Some delay could be in the postal office and in your lawyer's mailbox...I'm a July 31st filer and already got my Receipts....it seems that the USCIS Receipting Update is true in my case, but not for others who are still waiting....
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diptam
06-27 10:11 AM
I know - some companies are like that. My company is a chutia, harami desi body shop ... They does it with everyone i believe ...
Sorry for the words !!
The VP signed the letter and asked me to let him know when I get green card. He will throw a party to celebrate!
Sorry for the words !!
The VP signed the letter and asked me to let him know when I get green card. He will throw a party to celebrate!
more...
chanduv23
08-26 01:05 PM
I did and I got a response in mail saying there are extremely high volume of cases filed before me, that is why it is taking time.
Hmmm, and congressman or senator?
Keep pursuing, you may find help from some direction.
Hmmm, and congressman or senator?
Keep pursuing, you may find help from some direction.
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dpp
07-28 11:51 AM
This argument applies to EB3 and EB1 also. Also, we already crossed that line of proving that no other qualified is available. Even EB3 does the same. So, you are asking to audit everybody?
You agree it or not, from USCIS/Congress point of view,
Order of preference is, EB1 -> EB2 -> EB3.
If you are eligible for EB1/EB2, go for it. Nobody is stopping you.
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
You agree it or not, from USCIS/Congress point of view,
Order of preference is, EB1 -> EB2 -> EB3.
If you are eligible for EB1/EB2, go for it. Nobody is stopping you.
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
more...
GCStatus
09-15 12:15 PM
Hi GCSTATUS...can u please update your first post in this thread..the new people looking into this thread may not be able to go thru all the posts and will not know what's going on......
Just did
Just did
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kanyewest
02-12 11:13 AM
Couple of questions here -
1. Did you report for work? Also, did you indicate to your employer that you are ready to start working?
2. Did your employer terminate your employment by giving you written notice of employment termination? If not, in that case, your employer is obligated to pay you until
a. your employment is terminated
AND
b. USCIS is notified of such termination. (Section 214.2 (h)#11) of 8-CFR)
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct�07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
1. Did you report for work? Also, did you indicate to your employer that you are ready to start working?
2. Did your employer terminate your employment by giving you written notice of employment termination? If not, in that case, your employer is obligated to pay you until
a. your employment is terminated
AND
b. USCIS is notified of such termination. (Section 214.2 (h)#11) of 8-CFR)
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct�07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
more...
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raju123
07-09 07:35 PM
Amit,
This is nice but I feel we should mention briefly about how we inspired from Mahatma Gandhi and his philosophy.
Flowers to Convey Hopes and Concerns of Skilled, Legal Immigrants
July 9, 2007
What
Hundreds of legal, highly-skilled workers, who feel disappointed by the recent "flip-flop" enacted by the Department of State (DoS) and the United States Citizenship and Immigration Service (USCIS), with regards to eliminating the Green-Card processing delays, plan to send flowers to the USCIS Director, Emilio Gonzalez as a part of a symbolic and peaceful protest.
Where
The flowers are scheduled to be delivered to his office at 20 Massachusetts Avenue, NW Washington D.C. through various flower vendors.
When
July 10th, 2007.
Why
With this effort, they hope to create awareness about their predicament and express their anguish and frustration at the reversal and the lack of action from the Government. These are the highly skilled workers who have been driving the innovation in the US for many decades and have been living in this country legally and yet, they feel that their issues, concerns and contributions to the economy have largely gone unnoticed.
There are 140,000 Green cards allocated for highly-skilled workers and their dependents in a fiscal year (unused visas may not be rolled over to the next year). However, due to over-subscription, thousands of highly-skilled workers, including engineers, scientists, MBAs and health care professionals have been waiting patiently for years in order to be eligible to apply for their Green cards.
On June 13th, 2007, DoS provided a glimmer of hope to these aspiring legal immigrants, by announcing in their visa bulletin that all Employment-based green card applicants and their dependents would be eligible to apply for their Green cards, during the month of July 2007. Following this announcement, most of these future Americans and their sponsoring businesses, began a scramble to compile the documents and complete medical examinations required for their applications. After overcoming several hurdles and enduring hardships, these applicants eagerly waited for July 2, 2007 to send out their applications to the USCIS. However, to their dismay, the DoS, in an unprecedented move, issued an addendum to the visa bulletin, on the very day that the USCIS should have begun accepting their applications, stating that all available visa numbers for the current fiscal year had been used up and that no new applications would be accepted.
This sudden reversal has resulted in emotional distress and financial losses for these individuals and businesses.
Now, these highly-skilled professionals have decided to call attention to the "broken" immigration system in the U.S. for legal immigrants, by sending flowers to the USCIS Director, Emilio Gonzalez. They request that the USCIS honor the original visa bulletin and accept applications received through the month of July. In addition, they hope to encourage the U.S. Government to create more fool-proof immigration policies for the forthcoming year or at the least pass a legislation allowing the continual use of unused employment-based immigrant visa numbers from previous years.
Dilip Tekkedil who came to the US in 1998 for graduate studies and is still waiting for his green card hopes to send a simple message with this campaign � �fix the system�, he says. On various online discussion forums, most skilled, legal immigrants want to send this message to USCIS and more broadly to the US lawmakers � �I understand that your agency does all it can to do the best job. I hope you empathize with a legal immigrant's frustration. A small token of peaceful symbolic act and hoping for the best.�
Media Contact: This symbolic protest largely grew out of grassroots discussion on various forums on the website hosted by the group Immigration Voice. Some volunteers who work with Immigration Voice have been loosely directing this event.
References:
This article on the South Asian Journalist Association's forum explains the issues facing skilled, legal professionals in the US.
Media coverage
The Wall Street Journal: Reversal Frustrates Green-Card Applicants by MIRIAM JORDAN. July 5, 2007; Page A2
The New York Times: Suit Planned Over Visas for the Highly Skilled by JULIA PRESTON. July 6, 2007
The Times Of India: Green Card Hopefuls Resort to Gandhigiri in US by Chidanand Rajghatta. July 7, 2007
The New York Times: Immigration Malpractice. July 7, 2007
This is nice but I feel we should mention briefly about how we inspired from Mahatma Gandhi and his philosophy.
Flowers to Convey Hopes and Concerns of Skilled, Legal Immigrants
July 9, 2007
What
Hundreds of legal, highly-skilled workers, who feel disappointed by the recent "flip-flop" enacted by the Department of State (DoS) and the United States Citizenship and Immigration Service (USCIS), with regards to eliminating the Green-Card processing delays, plan to send flowers to the USCIS Director, Emilio Gonzalez as a part of a symbolic and peaceful protest.
Where
The flowers are scheduled to be delivered to his office at 20 Massachusetts Avenue, NW Washington D.C. through various flower vendors.
When
July 10th, 2007.
Why
With this effort, they hope to create awareness about their predicament and express their anguish and frustration at the reversal and the lack of action from the Government. These are the highly skilled workers who have been driving the innovation in the US for many decades and have been living in this country legally and yet, they feel that their issues, concerns and contributions to the economy have largely gone unnoticed.
There are 140,000 Green cards allocated for highly-skilled workers and their dependents in a fiscal year (unused visas may not be rolled over to the next year). However, due to over-subscription, thousands of highly-skilled workers, including engineers, scientists, MBAs and health care professionals have been waiting patiently for years in order to be eligible to apply for their Green cards.
On June 13th, 2007, DoS provided a glimmer of hope to these aspiring legal immigrants, by announcing in their visa bulletin that all Employment-based green card applicants and their dependents would be eligible to apply for their Green cards, during the month of July 2007. Following this announcement, most of these future Americans and their sponsoring businesses, began a scramble to compile the documents and complete medical examinations required for their applications. After overcoming several hurdles and enduring hardships, these applicants eagerly waited for July 2, 2007 to send out their applications to the USCIS. However, to their dismay, the DoS, in an unprecedented move, issued an addendum to the visa bulletin, on the very day that the USCIS should have begun accepting their applications, stating that all available visa numbers for the current fiscal year had been used up and that no new applications would be accepted.
This sudden reversal has resulted in emotional distress and financial losses for these individuals and businesses.
Now, these highly-skilled professionals have decided to call attention to the "broken" immigration system in the U.S. for legal immigrants, by sending flowers to the USCIS Director, Emilio Gonzalez. They request that the USCIS honor the original visa bulletin and accept applications received through the month of July. In addition, they hope to encourage the U.S. Government to create more fool-proof immigration policies for the forthcoming year or at the least pass a legislation allowing the continual use of unused employment-based immigrant visa numbers from previous years.
Dilip Tekkedil who came to the US in 1998 for graduate studies and is still waiting for his green card hopes to send a simple message with this campaign � �fix the system�, he says. On various online discussion forums, most skilled, legal immigrants want to send this message to USCIS and more broadly to the US lawmakers � �I understand that your agency does all it can to do the best job. I hope you empathize with a legal immigrant's frustration. A small token of peaceful symbolic act and hoping for the best.�
Media Contact: This symbolic protest largely grew out of grassroots discussion on various forums on the website hosted by the group Immigration Voice. Some volunteers who work with Immigration Voice have been loosely directing this event.
References:
This article on the South Asian Journalist Association's forum explains the issues facing skilled, legal professionals in the US.
Media coverage
The Wall Street Journal: Reversal Frustrates Green-Card Applicants by MIRIAM JORDAN. July 5, 2007; Page A2
The New York Times: Suit Planned Over Visas for the Highly Skilled by JULIA PRESTON. July 6, 2007
The Times Of India: Green Card Hopefuls Resort to Gandhigiri in US by Chidanand Rajghatta. July 7, 2007
The New York Times: Immigration Malpractice. July 7, 2007
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minimalist
02-12 12:07 PM
If you have h4 stamp in your passport , you can go out of the country and comeback in and you would be back in h4 status. Short of that I don't see any other option. Ohers please chip in with your ideas.
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct�07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct�07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
more...
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gauravster
05-01 01:58 PM
Looks like this is a good idea. Even if FB2 is not current, USCIS might allow applying for 485 in such cases.
Maybe someone more knowledgable or from the core members can throw some light on this.
Maybe someone more knowledgable or from the core members can throw some light on this.
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alterego
12-14 08:38 PM
I myself will not support for skill Bill in current form. Too much H1b numbers will not only create a problem for US citizens it will also for current H1bs as well future H1bs. That 20% automatic adjustment and exemption for Cap for MS persons will increase supply and it will be tough to find a job if too many people are in the market. There are abundant jobs in India. Let people wait in India for 1 or 2 years to come here. Sustained immigration without increasing unemployment is better for US as well as potential immigrants. Otherwise Hate will increase. It may be easy to talk Capitalism and fittest will survive. When those people talking will be unemployed for more than 6 months with kids in the family will realise the truth. In the Forum most of the people are young and they did not face any issue other than Green card.
But speed with which Corporations and Lawyers are working the Skill bill be passed in current form soon. We will wait and see after 3 years after increasing H1B. My prediction is Limited increase in H1 with Moderate increase in GC numbers will solve the problem for all the gc waiting people without big reaction from anti immigrants and that will boost sustained immigration.
You are absolutely right, but that is not the sort of solution that Corporations see as what would raise american competitiveness. That is what this whole thing is about.
But speed with which Corporations and Lawyers are working the Skill bill be passed in current form soon. We will wait and see after 3 years after increasing H1B. My prediction is Limited increase in H1 with Moderate increase in GC numbers will solve the problem for all the gc waiting people without big reaction from anti immigrants and that will boost sustained immigration.
You are absolutely right, but that is not the sort of solution that Corporations see as what would raise american competitiveness. That is what this whole thing is about.
more...
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browncow
07-12 05:40 PM
AC21 memo is a non-binding memo. Tommorow they may release another memo or regulation that repeal the self employment in AC21 cases.
absolutely no reasoning or logic, just pure pessimism.
absolutely no reasoning or logic, just pure pessimism.
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cjain
11-01 05:20 PM
Gurus, experts, malik log...
Pls. illuminate us on this topic...
Pls. illuminate us on this topic...
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newu77
08-17 04:57 PM
I-485 delivered at 10:25 on July 2, 2007 in LINCOLN, NE (NSC)
Signed by J BARRET.
I-140 approved from TSC
I-140 LUD on 07/28/2007
No receipts Yet.
Signed by J BARRET.
I-140 approved from TSC
I-140 LUD on 07/28/2007
No receipts Yet.
buddyinsd
08-26 02:52 PM
In the SR, was there any timeframe such as wait for 30/60/90 days?
I sent an email to my congressman immigration staffer on Monday, about my spouse's case ( EB2 I, Dec 2005). Got a snail mail yesterday that they did not get a response and are still waitng for a response. Today, i called their office and they said they got a response and the case is assigned to on officer and wait till September 10th. My wife had spoken to 2 tier support on Auguts 5th who said your case is assigned to an officer and you are pre adjucated. We also got a response to our SR created on August 5th, which says case under review. I guess the wait goes on.
I sent an email to my congressman immigration staffer on Monday, about my spouse's case ( EB2 I, Dec 2005). Got a snail mail yesterday that they did not get a response and are still waitng for a response. Today, i called their office and they said they got a response and the case is assigned to on officer and wait till September 10th. My wife had spoken to 2 tier support on Auguts 5th who said your case is assigned to an officer and you are pre adjucated. We also got a response to our SR created on August 5th, which says case under review. I guess the wait goes on.
bmoni
04-30 07:18 PM
I think EB3 India will move to Dec 2004 by end of this year. (crossing my finger and praying hope this will come true)
By the end of this year If they haven't made any significant movement in EB3 India We should seriously look into filling a lawsuit for country discrimination. Seriously I'm surprised no one is looking into filling a lawsuit for this endless country based discrimination.
I can't think of any other solution for this mess. Watching the house hearing made me sick they can't even differentiate GC visa and H1B visa.
By the end of this year If they haven't made any significant movement in EB3 India We should seriously look into filling a lawsuit for country discrimination. Seriously I'm surprised no one is looking into filling a lawsuit for this endless country based discrimination.
I can't think of any other solution for this mess. Watching the house hearing made me sick they can't even differentiate GC visa and H1B visa.
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