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  • enggr
    09-28 01:47 AM
    I thank everyone for taking interest in my case and giving valuable advices.

    Yes, the lawyer should have checked this and filed on EB3 to begin with. If he had suggested a potential hindrance like this, I wouldn't have agreed to file the case under EB2. The way it happened was, employer and attorney requested all my details and decided to go with EB2. I didn't even know the complete requirements of EB2 at that time as I had a belief that EB2 is only for Masters degree. Because the employer + attorney recommended EB2 I signed up for that.

    I have requested my employer to start a new PERM as soon as possible.
    I am very much looking forward for interfiling my old I-485 with the new I-140. My attorney is saying its not possible. (Maybe he's very less experienced in these matters).

    "during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485"

    Can you please shed some more light on that so that I can argue with my attorney. Any links regarding this would be really helpful. Any piece of information/case history would be helpful to argue with my lawyer.

    AkhilMahajan,
    The university gives different marksheets for supplementary exam. There's a consolidated one too.

    insbaby,
    You are right. EB3 is the safest one. I never tried to take advantage of EB2. The whole mistake was due to improper knowledge from my side about EB2 and wrong evaluation by the attorney. I am looking for all ways to convert this case into EB3. My attorney is saying that we can't file a new I-140 under EB3. The only way to continue this case is to request the EB3 conversion as part of the RFE response. Then, INS should agree to the change in a return letter which can be followed by the I-140 application amendment or new I-140 application.

    quizzer,
    The I-140 filing date was Nov 2006.

    Ramba,
    You are very correct. I have requested my attorney to change the category from EB2 to EB3. he said it can be done only as a formal request during RFE response. The attorney has requested my employer to modify the job requirement from EB2 to EB3. I think we are safe at the labor certification as it doesn't ask progressive experience. Labor is asking for Bachelors degree and 5 years of experience which I have. I have no plans to move out of H1b until I-140 is approved.

    cnndwag,
    I didn't run away. Today I was running behind my attorney and employer to save this case under EB3. I didn't fake my experience as I finished my course well before starting my first job. IO caught the discrepancy which should have been caught by my attorney long before. Just to re-iterate I never tried to expedite the process by filing under EB2. In fact I was ignorant about EB2 till the case was filed.

    Dreamworld,
    I am very disappointed by the law you mentioned
    "PERM does not allow to change from EB2 to EB3"
    Can you send me some links to read more in this respect? But fact is a fact. I appreciate you pointing out things like this.
    One of my friend tole me yesterday to request DOL (dept. of labor) to request for a reclassification which should come in 3 weeks. But my lawyer said that classification doesn't happen at labor level and all it matters there is what is specified in newspaper ad and labor requirement (bachelors and 5 yrs exp).





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  • sumansk
    10-02 01:36 PM
    Guys,
    Anyone in the same boat as I am ...No news of my case so far..filed july 17th and nothing after that.anyone's guess what might be the case..
    Not sure if the files is buried under some pile..

    Thanks





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  • chanduv23
    05-15 12:53 PM
    Copanies like INFOSYS are not the culprits. This is going tangenatially. It is the local small desi body shops that suck blood and hold candidates life in their hand because of GC. They should be investigated.

    All those big ones were actually small shops. Outplacement is a common practice, the intent of numbers USA and PG is to target anyone who is on H1b and not just desi shops.

    So many desi shops or Amricaan shops do outplacement and pay competitive saalaries and have nothing to do with outsourcing. CIBER and Ajilon are huge outplacement companies, but very rarely indulgein visa gouging as they deal only with transfers and involve in transfers only after client agrees to hire the consultant





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  • cjagtap
    08-01 11:49 AM
    anyone who filed at TSC got receipts? i mean 2nd july guys?



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  • makemygc
    07-06 06:29 PM
    Just like USCIS, they duped us at the last moment.





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  • walking_dude
    11-21 03:29 PM
    Our community needs to get this - We [through non-participation] are the problem, not others.

    If folks had turned up in DC rally in 10,000-20,000, if equal number thousands had written letters to their Congressmen, if all of them had visited local offices, if hundreds of them had visited DC offices - we would have succeeded by now. Steve King or not.

    We did nothing, except make those last minute calls. We gave the lawmakers suggestion for solution (pass HR xxxxx), without bothering to educate them what the problem is and how many are impacted. Results were there for everyone to see, Horses bill was put for discussion before ours, making it very easy for Mr. King to do his dirty work.

    We shouldn't be complaining. I bet the horse lovers (animal rights activists) were more active and successful in educating the lawmakers than our community. Hence they got the precedence.

    Point is there will be lawmakers like Rep King and Sen Sessions, who'll oppose any visa increase or recapture, rain or sunshine. There are also lawmakers who are sympathetic to us to balance them out. Our biggest hurdle is other lawmakers who don't have a stand on the issue. They are the majority and their vote can go either way. Our biggest hurdle is to reach out to these lawmakers, explain our problems and convince them that a sufficiently large number of their constituents are impacted.

    If we succeed in doing that, our battle is won. No King or Sessions can stop us.

    Good job on bringing this back to fire.

    But one sad thing that Steve king of Iowa got reelected and he is ready to filibuster.



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  • godspeed
    11-03 01:36 PM
    no, its called covering our behind, if in future something comes back to bite ;),
    As long as your orig employer does not complain(which i hardly doubt anyone will do) you are fine, worst case scenario if someone does, then its not a big hurdle to cross with an able attorney's help.
    Just to put your mind at ease, i have several friends(not friend-of-a-friend) who had quit at various intervals (1-2-3 months) after getting their GC's and haven't faced a single issue while in process of becoming a citizen.
    In short its better to be safe than sorry so these attorneys suggest staying for atleast 180 days.
    If that is the case, then why is it that all immigration attorneys are asking us to stay with our current employers citing this "Intent" thing? Are you saying that it's all smoke and no fire?





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  • laborday
    07-17 09:29 AM
    as expected Nebraska is crawling :mad:



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  • antony
    03-26 07:18 PM
    Things are getting worse day by day....I wonder when are they going to start treating us as fugitives





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  • shirish
    02-13 11:46 AM
    I received LUDs on my 485 and my wife's 485 and my H1 (Which was recently extended) and Already approved 140.

    I have not used AC21 or any thing that would change any thing in my case.

    So i guess LUDs may not be tied to AC21 use.


    I received a soft lud on my H1B approved in Nov 2007. All other cases do not have any LUD. I guess it is just the system touching these records as routine maintainence.



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  • raysaikat
    04-10 12:32 AM
    So either they hire and pay and make their responsibility to find job or don't file for H1b's

    USDream2dust

    That is already the law. But this law has been proved to be virtually impossible to enforce. The only practical solution is to deny H1-B's to consulting firms (at least for the positions that require the employee to work at the client location).





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  • ilikekilo
    01-09 12:49 PM
    BUt keep in mind that when you enroll in a GROUP insurance which is typically your new insruance with you new company..most of the companies DONT have any restrictions on the pre existing condnitions, per my experience.

    however if you buy a individual pocliy they will unload on you a TON of restrictions...no wonder why we see many old people working in Walmart and other places just for insurance..God save us when we get old :)



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  • 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





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  • LostInGCProcess
    02-11 03:43 PM
    With all these analysis, is there any formula to actually predict when one could get the GC? I was just curious to know when I could potentially get my GC although I stopped worrying about it a very long time ago.

    Thanks.



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  • niidawg3
    01-26 06:01 PM
    So my old company's lawyers got my Denial Notice today. USCIS is unbelievable in their incompetence. I got denied because apparently I filed when a visa date was not available. Why would i do such a stupid thing? Obviously the IO didnt take the time to do a little research to see why I filed when I did, nor did his Director who rubber-stamped the denial.

    My I-485 was filed on August 2nd, 2007. The August 2007 visa bulletin released on July 12th, 2007 did indicate UNAVAILABLE (http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html). However, USCIS, amended that a few days later with an update allowing a month (through August 17, 2007) for all individuals who were current as of the July 2007 bulletin (including me) to file. See the attached link: http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf, USCIS issues an update allowing

    It took me about 1.5 minutes on Google to locate the Update Memo. To think that an IO cannot locate this essential memo and would blatantly deny a valid application is beyond me. This is insane that an organization as important as the USCIS can be so inefficient.

    I called their customer service number to see if i could resolve it in a simple manner. The jerk of an IO I spoke to said "you are not going to like what I am going to say, but you are currently out of status (since I am on EAD and AP) and will need to file an MTR. People may tell you to not pay the fee for the MTR, but I recommend you do, since that is the only way your case will be reviewed"

    Thanks Jerk - i hope the Ombudsman's office gets to the bottom of these erroneous denials and fires all y'all.

    I know i would have lost my job if i made such a life-altering and blatant error!!

    I cant believe an Infopass can't resolve this, and I need to go down the MTR route.





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  • bugmenot
    07-17 02:19 AM
    Now how does that makes me an anti-immigrant :mad: :mad: :mad: . I am ofcourse happy that so many of my friends here are going one step further in getting GC. Something is better than nothing. But, suddenly more than 1/2 mill people getting EAD will have some effect on the market. People(on H1B) loosing jobs after 3-4 months may find themselves in a difficult situation to get a job.
    I am on H1B myself, how can I ever be an anti-immigrant ?:) :) I was expecting a little bit more permamnent solution and not a band-aid solution as somebody pointed out.

    lotr


    ur contradicting urself, all getting GC's or EAD's is still the same to the job market ,permanent or band aid , effect on job market is gonna be the same so in effect either ways that was an anti immigrant statement



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  • hpandey
    07-13 02:16 PM
    Congrats Brother .. Patience finally paid off. Hope you see better times ahead. Indeed a very long journey. :)

    Thanks for donating to IV and supporting our cause. I





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  • hotammo
    10-29 09:46 AM
    As our members get greencards, we are happy for them and wish them good luck for future. Please continue to support Immigrationvoice and visit this site to help others waiting in line. If there are sufficient greencard holder members, we can even take up issues confronting greencard applicants in future.

    This thread is to start a discussion and hear experiences from members who have received their greencard. Please write �

    - How has greencard changed your life after receiving it?
    Not very many things have changed since getting GC but with the economy in turmoil at least I have a little peace of mind that if anything were to happen to my current job, the struggle for another job would be easier (hopefully). -
    - What did you do on the day you received it?
    Went with my wife to a Moe's
    - How did the long wait upset your life?
    It did not affect my life too much and it should not as I got my GC within 7 years of my coming to the US, while a lot of my borthers who have been to the US longer than I are still waiting. - How did immigrationvoice help you during this long wait?
    IV was like panacea for all immigration related anxieties.- Would you like to continue your support to immigration voice and help others waiting?
    Absolutely, thus coming back to IV.
    - Any advice for everyone?
    Well coming from a person who had to wait relatively less time for GC, this might seem shallow, but I have followed one simple principle in life, perserverence. Also I have planned ahead for the next step before one reaches the finish line as it keeps you motivated to reach higher, become better. So let GC be the goal but not let it stop you from enjoying life.
    First step after GC, go to SSN office and get your Social Security card renewed to the one which does not have the line "INS authorization required to work. ANd if you follow Murthy wait at least 6 months before leaving your GC sponsoring employer.

    Once anyone received his greencard, please update the IV tracker too. We like to see how many members in IV are greencard holders and what is the current trend of approvals in our membership

    http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63

    Good luck to all, with wishes for a Happy Diwali and a prosperous New Year.





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  • beppenyc
    03-16 04:25 PM
    http://www.denverpost.com/nationworld/ci_3609151

    Tancredo, 70 lawmakers strike out at guest-worker plan
    By Anne C. Mulkern

    U.S. Rep. Tom Tancredo, R-Colo. (AP)

    Washington - Colorado's Rep. Tom Tancredo and 70 other U.S. representatives sent a letter today to a Senate committee, warning that legislation it's considering allowing illegal immigrants to work legally in the country will hit a roadblock if it comes back to the House.

    The Senate's Judiciary Committee for the last two weeks has been debating an immigration reform bill that includes what's being called a “guest worker” program, something President Bush said he wants.

    “We are concerned that some of these proposals are fundamentally incompatible with the desire of the American public for real immigration reform and their clear opposition to reform proposals that amount to little more than thinly disguised attempts to provide amnesty," the House members said in the letter.

    “If the Senate were to pass such a proposal, we believe it would doom any chance of a real reform bill reaching the president's desk this year.

    Tancredo, R-Littleton, and the other 70 lawmakers were part of a group that led the passage of a bill in the House that imposes new border security measures, including increasing penalties for being in the country illegally.
    The House bill does not include a guest-worker provision. The group considers allowing illegal immigrants to stay in the country legally a form of amnesty.

    “Rewarding persons who have broken the law with an advantage that they would not otherwise have had encourages more illegal behavior and is unjust to immigrants who came to the U.S. legally,'' the letter says.

    Reps. Bob Beauprez, R-Arvada, and Joel Hefley, R-Colorado Springs, are among those who signed the letter.

    The Senate Judiciary Committee is not expected to finish work on the bill this week, which was the deadline given by Senate Majority Leader Bill Frist. He is expected to introduce his own bill possibly today that includes border security measures and does not have a guest worker provision.





    goosetavo
    11-04 03:01 AM
    For those of you celebrating the defeat of Democrats because they sabotaged CIR due to the "path to citizenship" it's time to get real. Conservatives (both Dems and Repubs) are more than comfortable shutting the door to ALL immigrants. Don't fall into the trap of anti-immigrant legislators, don't let them turn this into a wedge issue.

    Turning on the undocumented is not what we want to show to the outside, it is a losing proposition and will turn off the public.

    As to what to do now, I'm puzzled. CIR is effectively dead in the US House, probably the Senate as well. The voters said loud and clear this week that they want the focus to be on JOBS not anything else like grandiose immigration legislation.

    What to do now? Looks like another 2 years tacked on to the wait from my perspective :/





    GKBest
    07-16 11:50 PM
    Plus if the news is what we expect (ie july applications will be accepted), think about what that will do to the people who cant file in time by the end of July. There application will FOREVER be Unavailable.

    I am not saying the announcement tomorrow is a bad thing. I am just not very excited

    The story of my life the last 6 years has been one delay/backlog/retrogression after the other.

    jasquil


    Be happy that you were able to file considering that you only spent 6 years of waiting. Think of the others who are waiting for more than 10 years.



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