akambh01
12-03 05:11 PM
I am sorry to hear your situation.You will Survive Mehul. dont loose the hope. I strongly believe this time for some reason my sixth sense is telling me that you will survive...please dont loose the hope please
Thanks
Ajay
Thanks
Ajay
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royus77
06-22 03:40 PM
its not just this employer, many f____ employers have same issue they dont want to file 485 and atleast they are trying to delay the process as much as possible. They are fearing that the employees on L visas will have an oppurtunity to switch company if they get their GCs sooner.
Its our fate
L visas are a real problem as Employer can send you back and replace you even after filing 485 .Sweat talk is the only option for them.H1s are some what better atleast they can move to a different employer
Its our fate
L visas are a real problem as Employer can send you back and replace you even after filing 485 .Sweat talk is the only option for them.H1s are some what better atleast they can move to a different employer
alterego
03-08 06:27 PM
Very well written. I can tell you through my observations of living in this society for 35 years:
1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)
2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)
3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.
4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.
5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).
Now I don't want to get people upset but let's look at some things that have happened since 2005:
There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.
In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.
In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas
Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.
Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.
Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?
This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.
In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I + C.
As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time, I believe that there are many Eb3ROW folks with PDs later than mine that have sailed through ahead of me! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
In the mean time, those like me have dealt with a barrage of other processing changes that have also affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.
1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)
2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)
3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.
4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.
5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).
Now I don't want to get people upset but let's look at some things that have happened since 2005:
There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.
In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.
In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas
Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.
Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.
Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?
This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.
In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I + C.
As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time, I believe that there are many Eb3ROW folks with PDs later than mine that have sailed through ahead of me! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
In the mean time, those like me have dealt with a barrage of other processing changes that have also affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.
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franklin
07-07 09:59 PM
Macaca,
Franklin is a her not him. She is our Northern California group coordinator. I will convey your message but I am pretty sure she might already have gotten it by reading it here on the forum
Franklin here - don't worry Macaca I just like reminding people occasionally when things get out of order :)
I couldn't make it unfortunately (short notice and had, ironically, my FP appointment at the same time in a different city). But I'm glad that some people did.
I guess I'm the unofficial coordinator of Nor Cal I just get conference calls together every now and then :rolleyes:
Franklin is a her not him. She is our Northern California group coordinator. I will convey your message but I am pretty sure she might already have gotten it by reading it here on the forum
Franklin here - don't worry Macaca I just like reminding people occasionally when things get out of order :)
I couldn't make it unfortunately (short notice and had, ironically, my FP appointment at the same time in a different city). But I'm glad that some people did.
I guess I'm the unofficial coordinator of Nor Cal I just get conference calls together every now and then :rolleyes:
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bhobama
05-10 10:07 PM
The answer is in your question. Numbers. A few years ago (circa 2002-) no one complained much about Indians. Recently the complaints in the media/forums etc. are much higher. Why ? More H1, => more bodyshoppers (mainly India) => more abuse => more complaints and so on.
Also FYI, H1 is "temporary" just like F1. H1 is not a guarantee to GC. So you need to go back after 6 years, since you say F1 should leave after graduation.
Thats my point. Why are pakistanis getting green cards and nobody is saying they have taken jobs away from Americans? So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?
Also FYI, H1 is "temporary" just like F1. H1 is not a guarantee to GC. So you need to go back after 6 years, since you say F1 should leave after graduation.
Thats my point. Why are pakistanis getting green cards and nobody is saying they have taken jobs away from Americans? So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?
pappu
12-16 12:02 AM
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
This is your first post. Welcome to IV. You may want to spend time on the forum and with state chapters. Getting actively involved may help you.
During the time of IV rally, I happened to speak with an IV member who is here in this country since early 1990s. He has always maintained his legal status and was unfortunate to restart his greencard process several times due to job changes. He did not have a green card at that time and his PD was not very old.
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
This is your first post. Welcome to IV. You may want to spend time on the forum and with state chapters. Getting actively involved may help you.
During the time of IV rally, I happened to speak with an IV member who is here in this country since early 1990s. He has always maintained his legal status and was unfortunate to restart his greencard process several times due to job changes. He did not have a green card at that time and his PD was not very old.
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Goodintentions
02-05 04:02 PM
Contributed $ 50.00 by cheque. Should reach CA in about 4 days.
Hope all friends will conribute amounts (big or small) enthusiastically! This is a very good chance for us! Let us unite!Thanks!
Hope all friends will conribute amounts (big or small) enthusiastically! This is a very good chance for us! Let us unite!Thanks!
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pamposh
09-15 03:05 PM
You can do all you want and be as blunt. USCIS doesn't have to answer to you. Stop chanting the "HIGHLY SKILLED", paying all taxes, nonsense. You were not brought to the USA at gun point. You chose to come (and stay). The USA can just put one ad in the newspaper anywhere in the world and there will be 10 million highly skilled NEW people they can bring. They do not need you (us). It is important to remember that we are not doing anyone a favor by being here except yourselves.
Again, because USCIS is so BIG and has millions of applications to process they can say they are trying their best and cannot reply to each individual.
you are right we were not brought here on a gun point but at the same time we did not beg anyone to bring us here... it is entirely a two sided business deal... and no one is doing any favor to anyone here ... we are doing our job and they must do their's. and yes we are "Highly Skilled" and we do deserve repect and our voices do deserve to be heard. Sure they can put an Ad in any newspaper and replace me with someone else but the question here is not about you or me... it is about the "LEGAL IMMIGRANTS" and which in that case would include anyone who they bring in to replace me.
Again, because USCIS is so BIG and has millions of applications to process they can say they are trying their best and cannot reply to each individual.
you are right we were not brought here on a gun point but at the same time we did not beg anyone to bring us here... it is entirely a two sided business deal... and no one is doing any favor to anyone here ... we are doing our job and they must do their's. and yes we are "Highly Skilled" and we do deserve repect and our voices do deserve to be heard. Sure they can put an Ad in any newspaper and replace me with someone else but the question here is not about you or me... it is about the "LEGAL IMMIGRANTS" and which in that case would include anyone who they bring in to replace me.
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PresidentO
02-26 01:12 PM
Thanks Akhil for the write up
You answered some of the stuff very nice.
To the guy who is MAD,
Be MAD that you and your friends chose to ignore IV during the biggest screw up of USCIS.
It sounded very condescending that they are ready to give 1000USD now, when they are probably feeling the pinch, and ignored any efforts before/during/after the fiasco.
I did not say this the first time but now I can say this. People who say I will give 1000$ to IV, 10000$ to IV or the big amounts think that they are playing carrots and sticks. So you want the core members to come out and lay out the strategy on which member of congress is sympathetic to the situation and might do some thing. Yeah! right. Let the tunnel rat guy go and tell every guild, numbers usa idiot that what IV is up to.
Money is one of the pieces of this effort. Grass roots efforts are another piece. As Akhil said, people who work at the grass roots efforts dont have the shareholder or value for my buck mentality. Also, my friend, in the current volatile environment, problems do not blaring horns out for you and me. I am still amazed how two reporters sensationally linked H1B and Banking industry to get a bill on the floor. It is those two reporters who called Grassley and ignited his draconian mind.
Watch out what kind of reports are going to run in Mar and Moira Herbst already reported a bill in works by Durbin and Grassley. D & G will attempt to remove the 6th year extensions no matter what, revoke some of the AC21 provisions and god knows what they are penning down now. Then all of us, those who are sleeping, those who are pretending to sleep can wake up for real.
It is a shame that our community will flock to Bollywood/Kollywood/Tollywood events and shell out 20-50 $ per seat but considers contributing to IV as some thing that needs to be seen through the magnifying lens 100 times.
You answered some of the stuff very nice.
To the guy who is MAD,
Be MAD that you and your friends chose to ignore IV during the biggest screw up of USCIS.
It sounded very condescending that they are ready to give 1000USD now, when they are probably feeling the pinch, and ignored any efforts before/during/after the fiasco.
I did not say this the first time but now I can say this. People who say I will give 1000$ to IV, 10000$ to IV or the big amounts think that they are playing carrots and sticks. So you want the core members to come out and lay out the strategy on which member of congress is sympathetic to the situation and might do some thing. Yeah! right. Let the tunnel rat guy go and tell every guild, numbers usa idiot that what IV is up to.
Money is one of the pieces of this effort. Grass roots efforts are another piece. As Akhil said, people who work at the grass roots efforts dont have the shareholder or value for my buck mentality. Also, my friend, in the current volatile environment, problems do not blaring horns out for you and me. I am still amazed how two reporters sensationally linked H1B and Banking industry to get a bill on the floor. It is those two reporters who called Grassley and ignited his draconian mind.
Watch out what kind of reports are going to run in Mar and Moira Herbst already reported a bill in works by Durbin and Grassley. D & G will attempt to remove the 6th year extensions no matter what, revoke some of the AC21 provisions and god knows what they are penning down now. Then all of us, those who are sleeping, those who are pretending to sleep can wake up for real.
It is a shame that our community will flock to Bollywood/Kollywood/Tollywood events and shell out 20-50 $ per seat but considers contributing to IV as some thing that needs to be seen through the magnifying lens 100 times.
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LC2002
08-15 08:08 PM
Got CRIS email today Card Production ordererd for my EAD renewal. Spouse's EAD filed in June still pending thanks to USCIS LIFO policy.
No updates in I-140/485.
No updates in I-140/485.
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aniraj
02-03 03:37 PM
All the best to you. You must have thought & compared all the limitations.
In my opinion the issues, advantages & disadvantages change from country to country. It depends on a person how S/He applies those yardsticks during & to particular circumstances. One thing I can not agree more about is the opportunities in education available in US compared to India. I know people will be all over me after saying this but inspite of cost being the factor (which unfortunately is also a factor in case of some good institutions in India now) the avenues available to young generation in US irrespective of their cast/religion/race & financial ability is comparitively greater in US.
More importantly most of us will be able to adjust to changes relatively quickly but if we have kids who are raised in this system & are at high school level it will be really challanging for them to enter the system in India.
In my opinion the issues, advantages & disadvantages change from country to country. It depends on a person how S/He applies those yardsticks during & to particular circumstances. One thing I can not agree more about is the opportunities in education available in US compared to India. I know people will be all over me after saying this but inspite of cost being the factor (which unfortunately is also a factor in case of some good institutions in India now) the avenues available to young generation in US irrespective of their cast/religion/race & financial ability is comparitively greater in US.
More importantly most of us will be able to adjust to changes relatively quickly but if we have kids who are raised in this system & are at high school level it will be really challanging for them to enter the system in India.
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test101
07-09 11:29 AM
I just PM . There is a report from washington post who is trying to do a story about the flower campaingn.
Story for the Washington Post
--------------------------------------------------------------------------------
Hi all,
I'm a reporter with the Washington Post. If your efforts result in Emilio Gonzalez receiving hundreds of flowers tomorrow, I would very much like to do a story on it. If you're interested in speaking with me and telling me your story and why you've decided to participate in this demonstration, please give me an email or call me. My contact information is below.
Thanks!
Xiyun
email:yangx@washpost.com
office phone: 202 334 6701
Story for the Washington Post
--------------------------------------------------------------------------------
Hi all,
I'm a reporter with the Washington Post. If your efforts result in Emilio Gonzalez receiving hundreds of flowers tomorrow, I would very much like to do a story on it. If you're interested in speaking with me and telling me your story and why you've decided to participate in this demonstration, please give me an email or call me. My contact information is below.
Thanks!
Xiyun
email:yangx@washpost.com
office phone: 202 334 6701
more...
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rc0878
09-17 08:56 AM
Applications were sent to NSC on July 19th' 2007. I got my receipt numbers today and all three numbers (I485, EAD & AP) start with WAC ### ### ####. The online status for the applications say that the 485 application was transfered to Texas Service Center and the EAD & AP applications were sent to Califorina Service Center.
Also just fyi, my I-140 app. is pending at NSC since Dec' 2006. So now I am all over the country :-) Don't know its good or bad. Any idea anyone?
Is anyone else in a similar situation?
Best of luck to all....
Also just fyi, my I-140 app. is pending at NSC since Dec' 2006. So now I am all over the country :-) Don't know its good or bad. Any idea anyone?
Is anyone else in a similar situation?
Best of luck to all....
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smisachu
07-06 05:04 PM
DC is fine. NY/Nj is fine too. But we need to turn up in numbers.
If it is DC, I think the effect will be better. I will drive down to DC and can car pool with other IV members fron NY/NJ.
Can one of the senior members take a lead and set a date and publicize the protest.
If it is DC, I think the effect will be better. I will drive down to DC and can car pool with other IV members fron NY/NJ.
Can one of the senior members take a lead and set a date and publicize the protest.
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akred
05-01 12:40 AM
A plain reading of the INA supports this contention. But then the USCIS always works in mysterious ways.
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v2neha
09-03 10:03 AM
Don't know why my file is still pending (RD 6/18), present EAD expiring in 2 weeks..:)
My EAD renewal is pending as well - RD 6/18 - present EAD expiring on 9/25. I requested expediting processing on 8/13 and received a letter yesterday saying they are reviewing my request and will have a decision in 60 days : :rolleyes:
My EAD renewal is pending as well - RD 6/18 - present EAD expiring on 9/25. I requested expediting processing on 8/13 and received a letter yesterday saying they are reviewing my request and will have a decision in 60 days : :rolleyes:
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sapota
10-08 01:03 PM
PD should be established on the first labor application.
I feel this is more practical than number of years in US.
It already does, if you have an approved I-140 based on your LC.
I feel this is more practical than number of years in US.
It already does, if you have an approved I-140 based on your LC.
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reddog
07-06 07:39 PM
I still havent received the date when my app was sent(lawyer sent it)
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raj2007
04-24 05:16 PM
I agree with kshitijnt that you need past employer more than you need client. In my case I had received 485 query to supply some my employment related docs ( whether that I am working with responser or working with someone else, letter from company showing my current position,sal. etc). Since I didn't change my employer, it was very easy and quick to get such documents from current employer. Imagine if I would have switched on EAD then I would have to chase my past employer for letters, paystubs etc and by the I would got them from past employer,I faced the risk of PD moving back.
Your case is different becasue you filed your I-485 with them. Here he has not started 485 at all.I don't know how he can maintain good relation with them. Some employer are too torugh to deal and same goes with some employees too.
Your case is different becasue you filed your I-485 with them. Here he has not started 485 at all.I don't know how he can maintain good relation with them. Some employer are too torugh to deal and same goes with some employees too.
manderson
11-21 12:59 PM
Mehul, my thoughts and prayers are with you. I don't know the answer to your question but I really hope you will be able to resolve this soon.
DSJ
06-26 02:17 PM
Why don;t you sign unless it say until and after 1 year approval:, you can leave employment after 6 months of filing I-485 and see what happens at that time, you have nothing to loose
I have dealt all options with my employer ...
They will give me "Employer Letter" ASAP but i have to sign a letter that i'll work with them for 1 year after getting 485 approval.
What does it mean - Indirectly i have to work with them till 485 approval ( which could be 3 yrs easily) plus another 1 year ??
I have dealt all options with my employer ...
They will give me "Employer Letter" ASAP but i have to sign a letter that i'll work with them for 1 year after getting 485 approval.
What does it mean - Indirectly i have to work with them till 485 approval ( which could be 3 yrs easily) plus another 1 year ??
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