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  • John_doe
    05-02 12:54 AM
    I completely agree with what sandy_77. I am going through a similar fate, although i have been in the US for a little less than 5 years.

    I have a MAsters degree from US and been working there for the last 2 years on an approved H1B work permit. So I came to India to get my visa stamp for H1B as my earlier visa (F1) was expired. Life was apparently going smooth till I came to India in december 2007, primarily to get married and also get the visa stamp. But everything has been going downhill since then. I was not issued the visa, and no specific reason was given for this. A pink form 221G was given with instructions to wait and watch! AS if this is some kind of comedy/drama... I have lost my car in the US, forced to sell it at throw away price, will be loosing my apartment this month end and all my personal belongings will be put on an "yard sale" pretty soon. I have been able to hold on to my job, although without pay for all these months, but after 5 months, I am on the verge of being fired.

    I have called both the Chennai US consulate and the Department of State office in Washington DC many times. Neither of them have an inkling of when this process is going to end. They decline to give me any information about my visa processing status other than that it is "pending" and they NEVER tell me how long it is going to take.
    I just wish and pray that they had the least consideration for a perfectly legitimate, legal, hardworking, *tax-paying* non-immigrant worker in USA whose 3 years of hard work at an American Grad-School and 2 years of burgeoning career is at stake due to no perceivable fault on his side. The complete hostility being displayed is simply beyond my comprehension. I just want to know if there is a name-check or security clearance or lack of more documental evidence due to which I am being put through this completely unwarranted state of limbo. I just cannot go on waiting forever for something.


    I think, getting my visa re-stamped has become the most inhuman experience. I received my visa renewal I-797 in January 2008 and since I was visiting India in Feb 2008, I decided to get the remaining period (2 years) of my H1B visa stamped. I was not expecting any trouble since I had received my 2nd visa stamp just last year in March 2007. I thought it was impossible for the visa officer's to not have my information since I have been through the drill two times before. Unfortunately, on the Feb 11th, when I went to get my passport stamped, the Visa Officer started giving out blue handouts (this one is not even listed on the New Delhi embassy website) one after the other and sure enough to me too. She wanted to know what I did (Quality Engineer in a biotech company) and even while I was explaining she started chit chatting and laughing with her superior (I assume). Then she wanted to know about my experience of over 4 years in just three words. I was completely shocked. How could I sum up my experience in 3 words. I gave her my answer but was bluntly told to take the blue handout and send the questionnaire and resume as listed to a given email ID. I did that the next day, having no idea what I was getting into. It has been over 2 and a half months now and till date I have no idea what exactly is my fault and what is happening with my visa. The visa officer kept my and my wife's passports and I-797 form and around march 11th asked for my i-129 and other documents which I promptly gave at the embassy. Every time i have called the embassy or the DOS, I get the same response that the application is pending security check and no more details can be given. They refuse to understand that I have a life and home there and i have to pay my bills. I have lived in US for 8 years now and have also completed my master's there. Every month I have to call the utility companies, insurance company, post office and phone company to know what my bills are and have to pay them. Every two months I have to spend close to Rs 1800 to fedex checks to my friends so that they can pay my rent. I have had to cancel my flight tickets and suffered losses there. I have not even filed my tax returns for the year. My life is thrown completely out of gear and i have no idea how i will pay my rent and bills if my company decides to put me on unpaid leave or just terminates my employment. The consulates refuse to issue even a visitor visa so that we can go to US and dispose off our properties. How inhuman and arrogant can the get? How could we possibly become criminals overnight? How can they expect our employer's to retain us after such long delays (so guys have been stuck for 8 or more months)? Aren't they forcing unemployment unjustly on us without any reason if they cannot find anything wrong with our background later? What national security secrets act is preventing the phone visa specialists from disclosing exactly where we are in the process and what is stopping the progress? There are so many questions that need answers and all of us feel helpless as we continue to witness DOS destroy our credibility, careers, our credit history...almost everything that we have worked so hard to earn. How can they expect to build bridges with the world when they are hurting unjustly so many people (29 pages worth of numbers at delhi website and some 59 pages worth of numbers at the chennai website and God knows how many on other consulates worldwide. I have heard people spending some $5000 every month in Canada. 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).





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  • JunRN
    08-22 08:57 PM
    Factors you forgot to consider:

    1. EB1 and EB2 applicants this July and Aug. ate up the numbers that were made available to EB3 last June 2007.

    2. EB3 Visa number is just very few, around 800 per month per PICM country.





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  • sanbaj
    03-26 10:25 AM
    Hello BharatPremi,

    I was in the Interfiling situation for the last four months but EB2 India was Retrogressed and then Unavailable as you know. But, I got the advice from my Lawyer that I should Interfile and not wait for the EB2 India dates to get current. So, at the end of Feb '08 I decided to Interfile with my lawyer's help.

    With the cover letter as suggested in various earlier posts he made sure he sent the Original Approval Notice of the I140 and not a copy.

    The main text of the letter was:

    In accordance with 8 C.F.R. �204.5(e) , the applicant hereby request your office to amend the priority date to that of <new I140 Priority Date> as indicated on the enclosed original approved I-140 petition on behalf of the applicant.

    In the footnotes, this was included:
    1. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.

    It was beginning of March when this was done. Then in mid-March, I got the great news that EB2 India is current for my PD. We will see what happens in April '08 !!!

    No news from USCIS yet on the Interfiling app. My lawyer suggested to call after a month of the application's RD.

    Waiting on GC for more than 6 years. I hope this is the last thing to do before AOS is approved for us and we receive the PR Card.

    Hope this info helps.
    Best of Luck for your case.





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  • rockstart
    03-17 09:02 AM
    What is supplimentry exam? Is it that you did some extra courses after finishing your requisite courses for Bachelors? or are you refering to clearing your backlog subjects ( subjects from previous semesters that you had not cleared?). Where did you get your degree India or US?



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  • Refugee_New
    05-15 12:25 PM
    hmm, i think munnabhai did the right thing.

    sometimes people give irrelevant advice. one guy asks im getting divorced, what shud i do with respect to 485? if people tell him, stop worrying bout 485, focus on ur life and fix ur marraige, then its not helping him from a "forum" perspective.

    thanks

    snathan's post is not asking anyone to reconsider their decision. But it clearly shows/explains how and where we as a married couple go wrong. What we really miss in married life and what we never realize as a parents.

    Again its a very good post snathan.





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  • sandy_anand
    11-06 03:10 PM
    Baba says donate to IV and work with IV that will give you GC faster other wise wait for 10 year . Will you now donate some ?

    Is the $25 monthly contribution available? I looked it up recently and only $50 and $100 monthly recurring are available.



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  • calabor2001
    05-07 11:52 PM
    I don't even know where to start on this. Should I be angry or frustrated or laugh at the incompetence of DoS/USCIS or is it just time to leave US and move to more immigration friendly country or better yet - settle down in my home country. I have spent close to a decade in the US, already have a Masters and almost done with the second one. Decided to take a break and visit India/family after 3.5 years. Guess what, I am stuck - since Jan. 7th 2008. No questions asked, no information provided - just handed over a pink slip in the name of "221g - Additional Administrative Processing". So, from being a law-abiding citizen paying his taxes and doing everything by the book, I overnight became a "threat to the national security" whose background needed to be checked. What kind of BS is that? And why for heaven's sake are you worried about me AFTER I have already left the country on my own accord. Subject me to SC while I am there and deport me if something fishy is found. Don't make me go through this WHEN I MYSELF left the country... Oh! Logic - these F@#$heads don't have that.

    I don't even have a freaking traffic violation on my name and here I am. Go figure! thankfully, I have family in New Delhi (I went to the embassy here) and a fast Internet connection to continue working - but for how long?

    I have called DoS religiously every week for the last few months now... same crappy response, just a different day. I went to the embassy last week to inquire and oh my lord! I was treated like a terrorist. My wife took an Infopass apptt. to figure out and the officer said, "Who knows your husband may be involved in something you don't know?" :) That is when we gave up laughing... understanding and agreeing that if nothing changes in a reasonable amount of time (to each his own) we will change our situation our selves.





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  • ujjwal_p
    06-05 03:38 PM
    I am not sure. Here is what my opinion is :


    I think he posts spicy messages on his forum to market himself. He uses strong language against USCIS to gain support from his prospective clients.

    Has he ever stood up for immigrants other than writing strong worded posts? Give me examples as I do not know any? I may be wrong in my assumption.

    He's a lawyer, a businessman, not an applicant nor a politician. So expecting him to stand up for anything but his business is lunacy.

    I can say one thing though, I haven't see any lawyer going about providing free advice like he does. I visit his site pretty much everyday and he is very active in responding to people's queries on the forums. I think that says a lot about him. I am not sure what your "spicy messages" reference is. If its about him making statements about USCIS inefficiency, thats an open secret and the fact that he makes statements like those goes back to counter your own point about him not standing up for immigrants, which as I said before none of us should expect him to anyway.



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  • gc_on_demand
    06-05 09:02 AM
    ~~~.





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  • smmakani
    03-24 04:21 PM
    Please PM paskal. He has a group on google groups too.

    Now, anyone from Wisconsin? We need members from different congressional districts.


    Thanks Alisa. Do you know what is a group name?



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  • kak1978
    01-13 09:39 AM
    You should be ok. The purpose of COBRA is to have a continued coverage. usually insurance is month to month, so the coverage nessasarly doesn't end the day you quit. All COBRA does is allow you to pay the next months entire premium and keep the existing coverage.
    I tried using COBRA last year and in my case the gap was 3 months and my monthly COBRA payments were about $900/month, since I did not have any ongoing medical conditions or foresee any like pregnancy etc, I went for short term private insurance to fill the gap.

    Pardon my ignorance Gurus.

    But Hypothetical....what would be the scenario, if,
    - I leave the job-A on 1st of the month.
    - join new job-B on 2nd of the month (very next day) but new employer wants me to complete 30 days before providing medical insurance

    - my job-A insurance company sends me COBRA option in two weeks time as required by law

    - Prior to I fill and send out the COBRA docs (roughly 2 - 3 weeks), I have to make some urgent visit to doctor...say in 1st week (say, on 4th of the month)

    - will my job-A company will deny this claim as they only received my COBRA paperwork by 18th of the month whereas I went to doctor on 4th????





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  • akp
    07-02 04:44 PM
    medical: $400 + waiting to hear from insurance if covered for tests and x-rays
    Travel : 300 miles ~$100
    Photo + photocopy etc ~ $100
    Lawyers fee: paid by company
    getting Bcs from India at short notice: ~$100 (know why!)
    Taking leave from work : 3 days~$700

    making parents run around babus in May heat : incalculable
    our personal anxiety and anguish: incalculable
    :mad: :mad: :mad: :mad: :mad: :mad:



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  • GKBest
    07-17 12:13 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

    I guess we also expect this to happen in the future when all jobs will be filled up with nothing left for H1s unless more people retires or decide to pursue their dream somewhere else.





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  • LostInGCProcess
    10-26 08:28 PM
    Hi Guys,

    I am EB2 I with a priority date of April 2006 (Direct labor applied and approved from employer A, I 140 applied and approved from Employer A, Filed 485 from Employer A itself)

    Moved to Employer B using EAD in 2009 January. (Almost after 18 months after getting EAD)

    10/15/2009 i called the TSC and asked the representative to know whether my case is pre approved or not. the representative told me that he does not have any of that data and opening a SR will let us know. i opened one SR on the same day.

    I got a mail just now, with the following text in it.

    "The status of your request is

    Your case is on hold because your appear to be inadmissible under the current law

    Rather than denying your application based on inadmissibility, we are placing your case on hold while the Department of Homeland security considers additional exercises of the security of Homeland security discretionary exemption authority.

    Such an exercise of the exemption authority might allow us to approve the case."


    What does this mean, any one has some idea about it.

    This is very strange. However, I would like to know the reason that prompted you to inquire about your case status. What was the status that was showing on-line? Is it "application received and pending", the same usual statement?



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  • bskrishna
    05-15 09:40 AM
    Always check with your state chapters.
    State chapter leaders are more aware of our work than what we post on the forum for public.
    There is lot of activity going on at this time. Everyone must join their state chapters to actively participate in IV effort.

    There maybe some more news today. Hopefully... Stay tuned.

    Will do so...





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  • cheg
    08-22 06:44 PM
    Hi JunRN. After reading your post I googled if labor certification does have an expiration. According to: http://www.hooyou.com/lc/faq.html , it doesn't. Did you have to re-apply for yours? Thanks!

    Make thing worse....your labor expires after six months, so you have to re-apply again..and again...and again...and again...and again....



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  • NIW
    02-12 09:36 PM
    Hey guys!
    I just opened this thread casually and found so many helpful messages to a single problem. I am so glad to know that there are so many good people around to help their fellow beings. I sincerely appreciate each and everyone who took time to help in someway.

    We often complain for petty things, I guess we should equally encourage the good deeds of other people.

    Keep up the good work.

    An alien with work permit
    (I still cann't get the alien word, I always thought we are all humans)





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  • dummgelauft
    11-03 05:22 PM
    Re-capture, STEM un-capping, "one visa number per family" or other such legislative action/executive order is the ONLY way any retrogressed EB category will see relief.
    Recapture too is a one time solution that will just get rid of the CURRENT backlog. In future, EB application numbers need to be tied to number H, J, L,O and other visa types
    Otherwise, its same sh!t, just side view





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  • h1techSlave
    11-09 05:15 PM
    Wow! Yours is so quick. Did you expedite it?

    No. But I am yet to get the actual approval. This can take anywhere from one week to a couple of months :( Plus my wife's application is still in the Review stage :(





    rajakannan
    06-27 10:08 AM
    It is not workable option. How can you ask and convince your attorney to wait till the end of month and file. It is really foolishness and stupidity. If something happens, everybody will suffer. So, start sending whenever your docs are ready and good to go. Since we got a month, all filings will be distributed to whole month, and nobody or media cares. If they receive all on a particular one day, then it will be in news unnecessarily. Then, everybody starts hating GC applicants like the way it is happening for H1Bs because of mass filings on Apr 2nd 2007.

    So, please don't bring these ideas to forums for your personal benefit. If you are waiting on for some documents to end of next month, just you only wait, not all of us. We want to go and file. Most of us are already waited enough time to get a chance like this.

    Happy filing.

    There is a very good chance that something will happen soon if we rush. if you are smart enough to think that filing on july 1st will guarantee your acceptance, then you are wrong buddy. As per the other threads and discussions from lawers , immigration officers, and info pass applicants that we have seen so far, uscis can change and will probably change the rules of accepting the application if the demand and rush continues. Already we are seeeing 45 days backlog of receipt.

    besides lawyers just have to instruct fedex to pickup and deliver it on july 30th, how difficult can it be ?? except they should have little more room to pile up the applications until july 30th :)





    skp07
    10-04 06:50 PM
    My wife's EAD renewal was e-filed with a receipt date of june 6 th, almost 120 days, still waiting. Got biometric notice for july 1st and finished it.After 94 days called 1-800 to request expediting the case on sep. 11 th, they sent a RFE asking for I-94 copies and stating biometrics were not transmitted to them and needed information on that, along with enlarged copy of photo ID.
    Responded to RFE with a receipt date of sep. 25 th and no updates till day.
    Called on 9/3 asnd raised a 2nd SR for expediting. AS her EAD expired on oct.1st and was given 1 week to produce new EAD by oct 10 th by her employer.
    WE were hoping for some miracle by monday:confused:



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