sanju
07-26 12:17 PM
I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.
Totally understand your situation. Good that you let out and share your frustration. Sometimes it is therapeutic just to let it out and then go back to normal sleep cycles. As Dalai Lama (with no offense to our Chinese friends on the forum) recently said - Proper Sleep and drinking proper amount of water daily is fundamental aspect for living long and healthy life. Thanks to alergro for pointing out that there is more to cherish and be happy for, and that applies to all of us. Although this issue does affect our lives and every few days we get out of our normal daily routine and think more about future plans, then all of a sudden we see GC roadblock stopping our every plan/progress, and we tend to become extra worried about it, go out searching for all the knowledge available to answer our questions, and in the process become worried and spend a few sleepless nights. It seems that this may be happening in your situation too, just a guess. If the answer is yes, then you have come to the right place and there are many more in the similar situation here. They may not admit this, they may be rude or nasty to you taking offense from the words you chose to post/reply on this forum, or sometimes you take an offense from what they have to say to you, but we are all in the same boat under similar circumstances. If nothing else, atleast that's the consolation you can take from this thread.
Totally understand your situation. Good that you let out and share your frustration. Sometimes it is therapeutic just to let it out and then go back to normal sleep cycles. As Dalai Lama (with no offense to our Chinese friends on the forum) recently said - Proper Sleep and drinking proper amount of water daily is fundamental aspect for living long and healthy life. Thanks to alergro for pointing out that there is more to cherish and be happy for, and that applies to all of us. Although this issue does affect our lives and every few days we get out of our normal daily routine and think more about future plans, then all of a sudden we see GC roadblock stopping our every plan/progress, and we tend to become extra worried about it, go out searching for all the knowledge available to answer our questions, and in the process become worried and spend a few sleepless nights. It seems that this may be happening in your situation too, just a guess. If the answer is yes, then you have come to the right place and there are many more in the similar situation here. They may not admit this, they may be rude or nasty to you taking offense from the words you chose to post/reply on this forum, or sometimes you take an offense from what they have to say to you, but we are all in the same boat under similar circumstances. If nothing else, atleast that's the consolation you can take from this thread.
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raj_k
07-08 03:02 PM
07/08/07 2:45 PM EST : FOX News interviewed the attorney who filed the first suit on the Visa date fiasco on behalf of a Polish woman in the Chicago area. The anchor started off the interview by making a reference to "hi tech workers" and that some of these folks were in the British terror plot !! "Why are you filing the lawsuit when your client can apply for the GC in Oct?" !!Anyway, the attorney was quite articulate in explaining the issue. Guess who followed the attorney ... Rep Tom Tancredo who called this a "minor inconvenience" before stating he wants all immigration to be halted!!
Ignorance rules the debate .. hardly any surprise
Did anyone watch Fox News just now? How come the senator did not mention the inefficient process of adjudicating the applications?
Ignorance rules the debate .. hardly any surprise
Did anyone watch Fox News just now? How come the senator did not mention the inefficient process of adjudicating the applications?
rb_248
06-05 01:55 PM
I understand that is not a reliable source of tracking approval pattern, however, this is the only tracker we have available and this gives us fairly good idea about USCIS processing.
Based on , there are about 1200 Approvals for EB-2 (Including ROW, India and China) since Oct01 2007.
However, there are only 450 approvals for EB-3 (Including ROW, India and China) sine Oct01'2007.
So howcome they ran out of EB3 numbers when there are very few approvals for this year. I was hoping they will run out of EB2 numbers instead.
Any insight on this?
Thanks.
The samples used are not a true representative of the actual EB2 or EB3 population.
Based on , there are about 1200 Approvals for EB-2 (Including ROW, India and China) since Oct01 2007.
However, there are only 450 approvals for EB-3 (Including ROW, India and China) sine Oct01'2007.
So howcome they ran out of EB3 numbers when there are very few approvals for this year. I was hoping they will run out of EB2 numbers instead.
Any insight on this?
Thanks.
The samples used are not a true representative of the actual EB2 or EB3 population.
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JunRN
12-20 05:43 PM
Good read here:
Risk of GC Rescission for Failure to Notify Change of Job / Employer!
http://www.murthy.com/news/n_risres.html
http://www.murthy.com/news/n_apprea.html
Risk of GC Rescission for Failure to Notify Change of Job / Employer!
http://www.murthy.com/news/n_risres.html
http://www.murthy.com/news/n_apprea.html
more...
ras
05-30 03:25 PM
Voted yes on the link
bheemi
02-12 10:24 AM
Hi
I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....
Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...
He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...
Also, he seems to have closed his company..
Folks please advice....
You dont need W-2 for filing taxes all the time. As long you have paystubs and i shows howmuch you paid taxes federal and state..that is enough..Please go to HE block or any other CPA who can file taxes and he can help you..
I did same thing 3 years back..and there was no issue at all...
I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....
Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...
He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...
Also, he seems to have closed his company..
Folks please advice....
You dont need W-2 for filing taxes all the time. As long you have paystubs and i shows howmuch you paid taxes federal and state..that is enough..Please go to HE block or any other CPA who can file taxes and he can help you..
I did same thing 3 years back..and there was no issue at all...
more...
mariusp
05-22 03:41 PM
When the one of the IV leaders is seriously considering going out of status in order to benefit from the great amnesty, you know that something is seriously messed up. Even so, I didn't expect you guys to be the first ones to give up...
2010 lovers and heart broken
arihant
06-19 03:37 PM
when did you file your 485?
"PD- Dec 2002, I485-RD- Dec 2003."
This means he filed in Dec 03.
"PD- Dec 2002, I485-RD- Dec 2003."
This means he filed in Dec 03.
more...
SkilledWorker4GC
07-08 12:34 PM
This is a "do nothing" congress. They dont care about immigration reforms as this doesnt have immediate affects. Frankly i have no hope. Nothing is going to happen till summer of next year.
hair more heartbroken ex-lover,
AUG2005GC
08-22 12:02 AM
I was able to successfully port my EB3 to EB2 and received my GC last month. I am working for a mid-size American consulting firm. My background is Bachelors in Computers from India and did Masters in Computers from US.
I filed my EB3 labor in AUG 2005 and got both labor and I140 approved in two months.
Filed 485 in July 2007 & got EAD/AP.
Went to my Employer and requested them to either refile my application for EB2 or I will have to resign. Since I was already working as PM, it was easy for my Employer to file for EB2 for PM position.
Filed EB2 labor in March 2009, Got approved in Jan 2010
Got EB2 I140 approved in March 2010
Late March Case transferred to Local Office.
Personal Interview in May 2010 - IO was not sure why i was called for interview. No Questions asked and told to wait till date gets current.
Date got current in July.
- Call multiple times 800 number only standard response
- Went to local office and request update. IO told to wait for a week. 2 days later on 14th July got my GC approved.
I believe even if you get your GC 6 months early by porting dates, its worth it. I hope my story helps you.
Best Luck!
I filed my EB3 labor in AUG 2005 and got both labor and I140 approved in two months.
Filed 485 in July 2007 & got EAD/AP.
Went to my Employer and requested them to either refile my application for EB2 or I will have to resign. Since I was already working as PM, it was easy for my Employer to file for EB2 for PM position.
Filed EB2 labor in March 2009, Got approved in Jan 2010
Got EB2 I140 approved in March 2010
Late March Case transferred to Local Office.
Personal Interview in May 2010 - IO was not sure why i was called for interview. No Questions asked and told to wait till date gets current.
Date got current in July.
- Call multiple times 800 number only standard response
- Went to local office and request update. IO told to wait for a week. 2 days later on 14th July got my GC approved.
I believe even if you get your GC 6 months early by porting dates, its worth it. I hope my story helps you.
Best Luck!
more...
sunty
12-01 12:19 PM
Just my 2 cents, but I think the quarterly spillover might not happen (Hope I am wrong) for various reasons...
1. If they do quarterly spillovers allocating the left over EB1 to other categories, then it is theoretically possible in the last quarter that, if there is a surge in EB1 applications, CIS might be left with not enough visa numbers for EB1 , and subsequently EB1 might not reach the 28% (or whatever this number) of total employment GCs. This situation will further compound the problem for CIS...Given the situation, this might not be practical, but theoretically possible...So CIS might be thinking, "why have the headache to deal every quarter when the numbers will be clear in the last quarter"
2. Since the spillover also includes Family based to EB, this even more complicates the above issue.
3. Well, administratively it is easy for CIS to issue the spillover visas once at the end of the year, rather than do 4 times a year at the end of each quarter. I guess less work with the same result...
So, in essence USCIS/DOS are allowed to bend the law since there workloads would increase and their systems are not sophisticated enough to implement this. I guess there is no point in raising this issue anymore...:(
1. If they do quarterly spillovers allocating the left over EB1 to other categories, then it is theoretically possible in the last quarter that, if there is a surge in EB1 applications, CIS might be left with not enough visa numbers for EB1 , and subsequently EB1 might not reach the 28% (or whatever this number) of total employment GCs. This situation will further compound the problem for CIS...Given the situation, this might not be practical, but theoretically possible...So CIS might be thinking, "why have the headache to deal every quarter when the numbers will be clear in the last quarter"
2. Since the spillover also includes Family based to EB, this even more complicates the above issue.
3. Well, administratively it is easy for CIS to issue the spillover visas once at the end of the year, rather than do 4 times a year at the end of each quarter. I guess less work with the same result...
So, in essence USCIS/DOS are allowed to bend the law since there workloads would increase and their systems are not sophisticated enough to implement this. I guess there is no point in raising this issue anymore...:(
hot by landing the heartbroken
Mount Soche
12-18 09:16 AM
This is not to oppose your message - I am just trying to figure out where these arguments comes from because I don't think I believe in this whole fraud thing. AC21 is meant for one to change jobs after working for the original sponsoring company for 180 days. Also, there are no clear guidelines stating that one must inform the USCIS - so what will this fraud be based on? How can one be committing fraud if there are no guidelines to tell you what is considered fraudulent? I think one is fraudulant when one actually violates some set rules etc. I don't think the USCIS can have a basis for suspecting someone of fraud when they don't even have a definition of what may constitute fraud in this case because of the lack of guidelines. Plus, I have never, ever heard of anyone be denied or suspected of anything like this during citizenship, I just don't believe this is a factor AT ALL. I see these comments a lot and they just don't make any sense to me. To me, it is like breaking a law that doesn't exist. And you say one may be "suspected", well, suspicion is just that, suspicion. The USCIS needs to show proof that you intended to be fraudulent and for as long as there are no AC21 guidelines that tell you that you must inform the USCIS upon invoking AC21, the USCIS will not and cannot have a case against you.
The disadvantage of not filing for AC21 is if your AoS is approved with USCIS believing that you will be working for the original petitioner after approval.
That is the disadvantage. USCIS will not know that you intended to port to new employer by invoking AC21 and come the time your apply for Naturalization, USCIS will discover it and may suspect you of fraud.
The disadvantage of not filing for AC21 is if your AoS is approved with USCIS believing that you will be working for the original petitioner after approval.
That is the disadvantage. USCIS will not know that you intended to port to new employer by invoking AC21 and come the time your apply for Naturalization, USCIS will discover it and may suspect you of fraud.
more...
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GCard_Dream
12-12 01:33 PM
Canada is certainly an attractive option. Economy is booming in Canada right now but not so much in IT if that's the field you are in. You can do a job search on monster.ca to see what kind of opportunities are available.
Now the best thing about Canada is that you'll have more certainty in your life and you won't be stuck to one employer for years trying to get through GC log jam. While it may be acceptable for some, some of us may be getting to a tripping point and considering alternatives is becoming a necessity.
You can learn all about Canadian immigration at http://www.cic.gc.ca/ . It's so simple that even cave man can do it. You don't need a lawyer or anything. You can always hire one, however.
It is all based on point system and if you have been working in US, I don't think you should have any problem meeting the point system requirements.
FOOD FOR THOUGHT GUYS.
This country doesn't care about legal immigrants, all they care is about illegals and big businesses..Does anyone know how to go to Canada ? Please tell me ..please please...Or any other country other than India..doesnt matter even if it is Iraq..please tell me, I am tired of waiting for visa bulletins and putting my life on hold..please...
:-):-) Hehehehe folks..please continue from here, cant give more than this for now!!
Now the best thing about Canada is that you'll have more certainty in your life and you won't be stuck to one employer for years trying to get through GC log jam. While it may be acceptable for some, some of us may be getting to a tripping point and considering alternatives is becoming a necessity.
You can learn all about Canadian immigration at http://www.cic.gc.ca/ . It's so simple that even cave man can do it. You don't need a lawyer or anything. You can always hire one, however.
It is all based on point system and if you have been working in US, I don't think you should have any problem meeting the point system requirements.
FOOD FOR THOUGHT GUYS.
This country doesn't care about legal immigrants, all they care is about illegals and big businesses..Does anyone know how to go to Canada ? Please tell me ..please please...Or any other country other than India..doesnt matter even if it is Iraq..please tell me, I am tired of waiting for visa bulletins and putting my life on hold..please...
:-):-) Hehehehe folks..please continue from here, cant give more than this for now!!
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sanjay
01-26 04:28 PM
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
Good information for all those who had or thinking of using AC21.
Very well written to-the-point information.
But life goes on...
Good information for all those who had or thinking of using AC21.
Very well written to-the-point information.
more...
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sirip4
04-03 02:13 PM
I have webfaxed both 10 & 11.
DOne.
DOne.
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LostInGCProcess
11-02 02:33 PM
There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.
However, there is a twist to it. As per law, the beneficiary MUST have intent to work for GC employer at the time of filing of I-485 and intent to work for AC-21 employer if invoking AC-21. However, this intent is to start work AFTER getting green card. The intent is subject to change, too.
By working for the employer for some duration, it is easier to demonstrate that person has intent to work for the employer for the full time job offered. This duration is not written in stone, and every lawyer interprets differently. For me (and this for just me), 90 days should be a safe duration, since it has been tested in courts that 90 days a long enough time when intent of the person can change. (This is known as 30-60-90 day intent rule). This is why lawyers usually advise to wait for 90 days when a person on single intent non-immigrant visa (such as B1 or F1) wants to file for I-130/I-140 and/or I-485.
______________________
Not a legal advice.
US citizen of Indian origin
You are the best!!! You are like the last word one could rely on.
Big fan of yours!!!
However, there is a twist to it. As per law, the beneficiary MUST have intent to work for GC employer at the time of filing of I-485 and intent to work for AC-21 employer if invoking AC-21. However, this intent is to start work AFTER getting green card. The intent is subject to change, too.
By working for the employer for some duration, it is easier to demonstrate that person has intent to work for the employer for the full time job offered. This duration is not written in stone, and every lawyer interprets differently. For me (and this for just me), 90 days should be a safe duration, since it has been tested in courts that 90 days a long enough time when intent of the person can change. (This is known as 30-60-90 day intent rule). This is why lawyers usually advise to wait for 90 days when a person on single intent non-immigrant visa (such as B1 or F1) wants to file for I-130/I-140 and/or I-485.
______________________
Not a legal advice.
US citizen of Indian origin
You are the best!!! You are like the last word one could rely on.
Big fan of yours!!!
more...
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sledge_hammer
06-26 02:29 PM
The photos I got from CVS was not bright enough. So the guy brightened the photos for me. Now the photos look a little touched up ...
What are considered bad photos?
I guess MOST of the people are concerned about the quality of photos than $ spent. My friend had RFE because the photos he got from CVS were not upto USCIS specifications. So any + experience is valuable to the forum.
Cheers..
What are considered bad photos?
I guess MOST of the people are concerned about the quality of photos than $ spent. My friend had RFE because the photos he got from CVS were not upto USCIS specifications. So any + experience is valuable to the forum.
Cheers..
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fundo14
02-21 01:34 AM
Thanks for the reply...
Initially I too got the same doubt that it could be a prank from my friend. But the name of the person who called me matches with the name of the person who visited my employer's office around 2 months back. After I got a call from ICE officer, I notified the same to my employer and explained about the call.
Really donno what to do.... Even though the ICE officer took prior appointment for visiting me, should I still contact attorney?
Never heard of this before...are you by any chance employee of any of the companies named in H1B visa fraud last week?
Initially I too got the same doubt that it could be a prank from my friend. But the name of the person who called me matches with the name of the person who visited my employer's office around 2 months back. After I got a call from ICE officer, I notified the same to my employer and explained about the call.
Really donno what to do.... Even though the ICE officer took prior appointment for visiting me, should I still contact attorney?
Never heard of this before...are you by any chance employee of any of the companies named in H1B visa fraud last week?
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bobzibub
12-27 01:13 PM
I don't think 90k for someone with 7-8 years of experience is high in most parts of US. Market rate for IT professionals might have increased in people working with niche technologies. But in general, I see a down trend. And with more people in the job market in Jan 08 (with AC21), I can predict the rates heading south.
Everyone of those people using AC21 will come from an existing job. They will typically go to a higher paying job. Every one of those jobs vacated will have to be sought on the open market, where they'll have market rates of today vs three years ago.
So my glass is half full. :D
Everyone of those people using AC21 will come from an existing job. They will typically go to a higher paying job. Every one of those jobs vacated will have to be sought on the open market, where they'll have market rates of today vs three years ago.
So my glass is half full. :D
venky321
03-03 07:19 PM
Its probably part of an investigation of your employer. Maybe they finally decided that it wasn't necessary to interview you. But probably best to get back to that guy all the same; talk to ICE directly too.
lonedesi
04-01 05:25 PM
Sent Fax #10
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