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rajuseattle
04-18 08:07 PM
Lets keep this thread to celebrate OP's Green Card and some inspiration for Hopeless EB-3 guys.
Krish: I agreed VISA recpature and not including dependents will help us a lot, but looking at the current political divisiveness and people focusing more on 2012 election cycle and the campaigning, noone going to touch this HOT POtato of legislative reforms for Legal immigration. Now considering wait until the formation of 113th US congress it is about 20 months time, so do u expect People who are qualified and getting an opportunity to get out of EB-3 mess should wait that long? People already waiting since 2002/2003 PDs and no sign of any legal relief from USCIS/DoS for this hopeless EB-3 india people. Once agian legit porting is the way out to come out of EB-3 india mess, their is no other solution for us. When you compare all retroigress classes EB-3 india is the worst, we are still in April 2002 as compared to other EB-3 categories which are now in July 2005 range. (china is exception to this they are way better than us to somewhere 2004 range). Please dont bring in this issue in this celebration thread, let people cheer something, we already had so many useless threads and verbal arguments on this subject.
Krish: I agreed VISA recpature and not including dependents will help us a lot, but looking at the current political divisiveness and people focusing more on 2012 election cycle and the campaigning, noone going to touch this HOT POtato of legislative reforms for Legal immigration. Now considering wait until the formation of 113th US congress it is about 20 months time, so do u expect People who are qualified and getting an opportunity to get out of EB-3 mess should wait that long? People already waiting since 2002/2003 PDs and no sign of any legal relief from USCIS/DoS for this hopeless EB-3 india people. Once agian legit porting is the way out to come out of EB-3 india mess, their is no other solution for us. When you compare all retroigress classes EB-3 india is the worst, we are still in April 2002 as compared to other EB-3 categories which are now in July 2005 range. (china is exception to this they are way better than us to somewhere 2004 range). Please dont bring in this issue in this celebration thread, let people cheer something, we already had so many useless threads and verbal arguments on this subject.
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desi485
02-18 02:28 PM
I recently went to South Korea and entered the US on the AP since I didn't feel that I had enough time to wait for my H-1B stamped in my passport at the US emabassy in Seoul. Before leaving the US, I consulted with my attorney on this issue and she assured me that my H-1B is valid as long as I file the extension and maintain terms of the H-1B visa.
This is her opinion in quotes:
"I wanted to emphasize that you do not need to obtain the H visa as long as you have an unexpired Advance Parole document to use instead. To clarify, you are then entering in parolee status but in later filing an H extension or change of employer petition, DHS will terminate the grant of parole and admit you back into H classification. Additionally, if you enter on the advance parole and work consistent with the terms of your underlying current H petition, you are not violating your status nor do you need a separate EAD work card."
I hope this helps.
greenlight: Thank you indeed to share such useful information with rest of us.
As your lawyer used the words "change of employer petition", it seems that one can use AP to travel and still after coming back he/she can file for either extension, amendment or transfer. This answers the main concern that I started this thread for.
Also, on other threads I read that its possible to file H1 amendement even if your H1 is still valid. This is one way to come back to H1 status and get a New I-94 card.
Some one also mentioned that if you have a valid I-797 extenstion approval notice and if you show that at POE to IO, he/she may issue an I-94 till expiry of I-797 (3 years) instead of AP (1 year).
I would appreciate input from others who have some knowledge or experience of above situations.
This is her opinion in quotes:
"I wanted to emphasize that you do not need to obtain the H visa as long as you have an unexpired Advance Parole document to use instead. To clarify, you are then entering in parolee status but in later filing an H extension or change of employer petition, DHS will terminate the grant of parole and admit you back into H classification. Additionally, if you enter on the advance parole and work consistent with the terms of your underlying current H petition, you are not violating your status nor do you need a separate EAD work card."
I hope this helps.
greenlight: Thank you indeed to share such useful information with rest of us.
As your lawyer used the words "change of employer petition", it seems that one can use AP to travel and still after coming back he/she can file for either extension, amendment or transfer. This answers the main concern that I started this thread for.
Also, on other threads I read that its possible to file H1 amendement even if your H1 is still valid. This is one way to come back to H1 status and get a New I-94 card.
Some one also mentioned that if you have a valid I-797 extenstion approval notice and if you show that at POE to IO, he/she may issue an I-94 till expiry of I-797 (3 years) instead of AP (1 year).
I would appreciate input from others who have some knowledge or experience of above situations.
Steven_jd
06-22 01:47 PM
plz start the poll ! :)
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vikki76
10-28 06:15 PM
wow!!!..just amazing. But irony is that while your case was pending, nobody informed you that why case was sitting on the shelf.
Never mind- sometimes, no activity is actually good. I am seeing repeated LUD's on my approved 140 and now wondering what is going on.
Never mind- sometimes, no activity is actually good. I am seeing repeated LUD's on my approved 140 and now wondering what is going on.
more...
chanduv23
11-06 03:52 PM
Lets concentrate on EB issues. Those who have not yet joined a State chapter, please do so now.
Joining the State chapter and help grassroots efforts is an ongoing action item and everyone here MUST join your State chapter and contribute towards grassroots efforts.
Nothing much can be achieved by writing individual emails.
We need to focus on our issues and do what is organized, collective effort.
Joining the State chapter and help grassroots efforts is an ongoing action item and everyone here MUST join your State chapter and contribute towards grassroots efforts.
Nothing much can be achieved by writing individual emails.
We need to focus on our issues and do what is organized, collective effort.
sanju
10-12 12:40 AM
I don't know much about buying house/property in India. Maybe you want to have a close family member keep an eye on your property otherwise a land graber/local gunda in the area may take possession of your property while you are here/away.
But I find some of the discussion in this thread extremely intriguing. There were specific conditions in 1930s, 1960s, 1990s that caused recovery in those times. Leadership & American generation were ready to sacrifice and do hard work. Contrary to the hard work done during those times, large percentage of the current population is indifferent and does not care to know about the current crisis, not knowing the gravity of the situation. Majority of the population was, still is, opposed to $700 billion bailout/rescue not knowing what is going on. The ups and downs in the stock market is just the beginning. Coming year is going to be very tough, specially on folks are in the situation that require them to visit this forum every now and then.
Every great and prosperous nation is just one generation away from losing its greatness. History teaches us that Great nations lost their greatness/cease to exist because the larger populations ignored the times of crisis. Most people say that America has always come out of crisis in the past and just like those times, America will again come out of the current crisis. That's what everybody expect and wants to see happen, as if there will be a miracle and everything will get fixed. Everybody including media/leadership are taking things for granted, as if things will turn around by itself just because things have turned around in the past. But this apathy is very dangerous. Here is why - we can say with fair bit of certainty that Romans must have also said during their time of crisis that things will be fine, they have always gotten fine because we are the Romans, the empire of Gods, or whatever. Likewise, this time around, media/leaders are guided by similar rhetoric. I find this behavior very dangerous. In 1930s/60s/90s there was able leadership and American generations during those times were ready to do their share. It doesn't appear such this time, atleast not right now. Maybe we have sometime to come out of the crisis and things will change in the near future. But without change in the direction, things don't look very good right now.
Rome was not built in one day and it did not perish in one day. If leadership and population continue to ignore the gravity of the crisis, there is only one possible outcome.
The positive aspect this time around is, due to globalization, other nations have stake in American economy and are willing to come to the rescue. Even nations like China and Russia are willing to step-up. This would have been unthinkable in an un-globalized world. But other nations can only do so much. Ultimately, the larger population in America will have to step up, and that includes us, there is no other way. Now G-7 is working together to come up with a comprehensive plan. A lot of people beat down on globalization, but till now it is working as was designed, which is good, and other friendlier/unfriendlier nations are willing to step-up.
Another foreseeable opportunity to fight the current situation is, world energy crisis. America can use the world energy crisis to turn things around, not necessarily subscribing to ideas from businessmen like T Bone Pickens/natural gas to promote their business and blah bhah blah, but something else, which makes America - a leader to solve the energy requirements of over 6 billion people, when estimated 20% of the world population consumes 95% of the world energy.
I don't know if you should buy property in India or if you should buy gold. But in the grand scheme of things, if I were you, I would hang on to the "cash" very close to my chest. Things are really bad, a lot more than what meets the eye or what is apparent.
.
But I find some of the discussion in this thread extremely intriguing. There were specific conditions in 1930s, 1960s, 1990s that caused recovery in those times. Leadership & American generation were ready to sacrifice and do hard work. Contrary to the hard work done during those times, large percentage of the current population is indifferent and does not care to know about the current crisis, not knowing the gravity of the situation. Majority of the population was, still is, opposed to $700 billion bailout/rescue not knowing what is going on. The ups and downs in the stock market is just the beginning. Coming year is going to be very tough, specially on folks are in the situation that require them to visit this forum every now and then.
Every great and prosperous nation is just one generation away from losing its greatness. History teaches us that Great nations lost their greatness/cease to exist because the larger populations ignored the times of crisis. Most people say that America has always come out of crisis in the past and just like those times, America will again come out of the current crisis. That's what everybody expect and wants to see happen, as if there will be a miracle and everything will get fixed. Everybody including media/leadership are taking things for granted, as if things will turn around by itself just because things have turned around in the past. But this apathy is very dangerous. Here is why - we can say with fair bit of certainty that Romans must have also said during their time of crisis that things will be fine, they have always gotten fine because we are the Romans, the empire of Gods, or whatever. Likewise, this time around, media/leaders are guided by similar rhetoric. I find this behavior very dangerous. In 1930s/60s/90s there was able leadership and American generations during those times were ready to do their share. It doesn't appear such this time, atleast not right now. Maybe we have sometime to come out of the crisis and things will change in the near future. But without change in the direction, things don't look very good right now.
Rome was not built in one day and it did not perish in one day. If leadership and population continue to ignore the gravity of the crisis, there is only one possible outcome.
The positive aspect this time around is, due to globalization, other nations have stake in American economy and are willing to come to the rescue. Even nations like China and Russia are willing to step-up. This would have been unthinkable in an un-globalized world. But other nations can only do so much. Ultimately, the larger population in America will have to step up, and that includes us, there is no other way. Now G-7 is working together to come up with a comprehensive plan. A lot of people beat down on globalization, but till now it is working as was designed, which is good, and other friendlier/unfriendlier nations are willing to step-up.
Another foreseeable opportunity to fight the current situation is, world energy crisis. America can use the world energy crisis to turn things around, not necessarily subscribing to ideas from businessmen like T Bone Pickens/natural gas to promote their business and blah bhah blah, but something else, which makes America - a leader to solve the energy requirements of over 6 billion people, when estimated 20% of the world population consumes 95% of the world energy.
I don't know if you should buy property in India or if you should buy gold. But in the grand scheme of things, if I were you, I would hang on to the "cash" very close to my chest. Things are really bad, a lot more than what meets the eye or what is apparent.
.
more...
Gravitation
07-12 11:52 AM
The rumor is the world cat will be current and all others unavailable since the quota for those countries are already filled. Sounds logical. Sadly, my app will be screwed in that case. Hopefully that'll consume some numbers from RoW and there might be some overflow next year (or the year after... or maybe after 7 years and who knows 10).
BTW, where did you hear that RoW will be current and the rest will be "U"?
BTW, where did you hear that RoW will be current and the rest will be "U"?
2010 Cute Quotes for Your Boyfriend
chicago60607
09-17 11:30 AM
Impeachement voting is done
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Humhongekamyab
07-02 02:53 PM
Were they affected by your complaint? I guess they know and are ready to face these things.
No disrespect but your signature is "The first step in fighting injustice, is to make it visible" - Mahatma Gandhi
No disrespect but your signature is "The first step in fighting injustice, is to make it visible" - Mahatma Gandhi
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arunkotte
08-06 12:26 PM
On the tax return 1120S Schedule L we have about 170,000 in the retained earnings line. Can this be used as part of the net current assets?
more...
santb1975
12-01 03:26 PM
I was thinking about this today.
All great Ideas and we are never short of Ideas on this website. However, we are always short of commited people who are willing to put in time and make their Ideas become a reality. We sure are 25,000 real members and If each of us commit 10$ every month diligently we have a consistent cash flow of $250,000 every month and committing 10$ every month is not hard at all. All of us in here are highly skilled, we all have decent paying jobs and we are definately not cheap labor because we have US Department of Labor (DOL) certifying our salary before we take up any Job in this great land.
Would you be willing to the lead on making your Ideas become a reality. We have very few highly committed members in here who can provide support and guidance.
We have already guided a few people on how to donate amounts less than the ones that are posted on this website and it is really simple. Any amount can be sent in as a donation through paypal to donations@immigrationvoice.org
Folks,
I know many of you may have already thought about this at some point. I'll lay out my views on the donations...IV can object/correct.
I'm following the donations thread along with many of you and there is not much to be excited there.2000$ in 2 weeks....for all the Agenda that pappu has posted. I understand that everyone(including me)...will have limited resources at our disposal every month...may it be mortgage/daycare/medical/school or those unexpected repairs...so the bottom line is there is not much room to increase our monthly contributions or...holiday contributions.
I was thinking...we are 25000 'real' people...and there are more than one visit by each person to this site.
1. Can IV use any space to advertise...so that IV can get some AD Money?
2. Is it possible to get some space on popular pro-immigrant or immigrant driven websites...to donate to our cause?
3. Would it be possible to split the donation denominations further down...like 5 dollars..or even low..so that all immigrants...including people who got the GC's/Citizenship can contribute with out looking deeper into their pockets.
4. Optional....ebay/paypal donation to the peoples questions/answers...Mind you it is totally optional...if you want to donate 5/10/20/100...or how important the question is and hw satisfied the person is with the information...etc
5. DOnation boxes at Immigrant owned grocery stores...with out compromising their principles
Folks, I have layed them out with good intentions...and have also given a thought of what I personally can do for each point above...I'm not expecting the vultures to prey...on the post with mundane comments.
Regards.
All great Ideas and we are never short of Ideas on this website. However, we are always short of commited people who are willing to put in time and make their Ideas become a reality. We sure are 25,000 real members and If each of us commit 10$ every month diligently we have a consistent cash flow of $250,000 every month and committing 10$ every month is not hard at all. All of us in here are highly skilled, we all have decent paying jobs and we are definately not cheap labor because we have US Department of Labor (DOL) certifying our salary before we take up any Job in this great land.
Would you be willing to the lead on making your Ideas become a reality. We have very few highly committed members in here who can provide support and guidance.
We have already guided a few people on how to donate amounts less than the ones that are posted on this website and it is really simple. Any amount can be sent in as a donation through paypal to donations@immigrationvoice.org
Folks,
I know many of you may have already thought about this at some point. I'll lay out my views on the donations...IV can object/correct.
I'm following the donations thread along with many of you and there is not much to be excited there.2000$ in 2 weeks....for all the Agenda that pappu has posted. I understand that everyone(including me)...will have limited resources at our disposal every month...may it be mortgage/daycare/medical/school or those unexpected repairs...so the bottom line is there is not much room to increase our monthly contributions or...holiday contributions.
I was thinking...we are 25000 'real' people...and there are more than one visit by each person to this site.
1. Can IV use any space to advertise...so that IV can get some AD Money?
2. Is it possible to get some space on popular pro-immigrant or immigrant driven websites...to donate to our cause?
3. Would it be possible to split the donation denominations further down...like 5 dollars..or even low..so that all immigrants...including people who got the GC's/Citizenship can contribute with out looking deeper into their pockets.
4. Optional....ebay/paypal donation to the peoples questions/answers...Mind you it is totally optional...if you want to donate 5/10/20/100...or how important the question is and hw satisfied the person is with the information...etc
5. DOnation boxes at Immigrant owned grocery stores...with out compromising their principles
Folks, I have layed them out with good intentions...and have also given a thought of what I personally can do for each point above...I'm not expecting the vultures to prey...on the post with mundane comments.
Regards.
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ksrk
04-09 08:58 PM
Received that standard email, today, about status change to "RFE Sent" for both my wife (dependant) and me.
Will post again when I find out what it is...
Employment Verification?
Married for just a couple of months prior to 485 application?
Photographs?
It is beginning to look like there is some sort of pattern here - the "older" cases (2003 through 2005) are being issued RFEs, regardless of category. Is this what they meant by "pre-adjudicating" cases with non-current PDs?
Will post again when I find out what it is...
Employment Verification?
Married for just a couple of months prior to 485 application?
Photographs?
It is beginning to look like there is some sort of pattern here - the "older" cases (2003 through 2005) are being issued RFEs, regardless of category. Is this what they meant by "pre-adjudicating" cases with non-current PDs?
more...
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BharatPremi
11-01 09:32 PM
if flowers campaign was a grand success, why not try this?
There is nothing to lose
Flower Campaign - Smart Strategy - Hence grand success
This - Foolish and crazy thought... forget strategy... Photo on a Grand Children's wall with garland(shoes) on it.
I sense " lost mind" just reading about this idea... So that is the start point for you to count what will be lost if this is done.. You or any other can add up other piles on top of that..
There is nothing to lose
Flower Campaign - Smart Strategy - Hence grand success
This - Foolish and crazy thought... forget strategy... Photo on a Grand Children's wall with garland(shoes) on it.
I sense " lost mind" just reading about this idea... So that is the start point for you to count what will be lost if this is done.. You or any other can add up other piles on top of that..
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Vysh
01-05 04:27 PM
Hi, My husband and I both sent an email at change.gov
more...
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GCSOON-Ihope
12-08 11:43 PM
When GCSOON-Ihope becomes GC-IgotIt!
Guys, guess what I am holding in my hand? Yes, that bit of plastic, object of our fantasies ….and nightmares. After filing Writ of Mandamus on November 1st, things went amazingly quickly and smoothly: on December 1st, the US attorney gave confirmation that the case has been approved and I received the card in the mail on 12/07.
What did I feel then? Really indescribable…Happy? It goes way beyond that.
I feel more relieved than anything else, like if I had a ton of lead off my shoulders…
May my story inspire, give hope and faith to all of you guys who are so depressed at the moment because of what happened, or did not happen should I say, in that shameful Congress.
As you will see, I had my head in a brick wall more than once. More than once, I was devastated and, still, I never gave up and made it through.
So, please, enjoy the holidays: as long as there is life, there is hope.
I know something about it:
Come here in 1993 as a student on F1 visa. Graduate and got Work Permit (OPT).
Find dream job in dream company. Hired directly by CEO himself.
Company loves me and applies right away for H1 and then Labor Cert.
Life is beautiful. The start of the American Dream. Not for long.
Attorney has been working for company for years. Always successfully.
Picks me for his first failure: screws up completely.
H1 denied. Labor Cert denied. Company gets mad: attorney is fired.
OPT runs out: company still loves me but…I am now out of status and…fired too.
Welcome to America. Life has turned dark. The start of my American Nightmare.
I am disgusted. Decide to go back to my home country (France).
I miss California. Find new company that loves me: apply for H1 again (this time, I am paying all fees, out of my meager savings).
H1 is approved, got stamp at embassy in Paris. I am back. Life is beautiful again.
Not for long. Exactly 2 hours (no kidding).
Find out that company is a sweat-shop and boss is a crook.
Pays me half (yes, half) what he was supposed to.
Go to INS to complain: “If you are not happy, go back to your home country”.
I swear that it is exactly what I am told.
Consult attorneys for a possible lawsuit: “ Alas, your situation happens more often than you can imagine. Many unscrupulous employers use and abuse of would-be immigrants like you. Don’t waste your time and money in a lawsuit, just find yourself a new job…and be more careful this time”.
I am broke. Can’t even go back “home” and anyway I don’t want to.
Not with just my tail between my legs for the second time.
Home is here. I want my American Dream and I will get it, no matter what.
Decide to swallow my pride and endure the humiliation until I can find new employer willing to sponsor new H1 and pay all fees. I just can’t afford anything as I am hardly surviving.
Employer wants to fire me: “you are always complaining about the money”.
I have to threaten him (yes I did) to report his company to Dept. of Labor (most his employees are illegals and as abused as I am, not getting paid for overtime and so on…).
Imagine in what kind of atmosphere I am working…but I need this job to remain legal until I can find something else.
For sure, I will be out of there within a couple months at the most.
Don’t know yet that this nightmare will last…2 years. Still can’t believe it.
Had I known, I would have fled the first day, no matter what.
In my specialty, jobs are not easy to find.
Not to mention that this time, I have to be very “choosy”…
Companies that I approach:
a) don’t want to hear about immigration or
b) don’t want to pay attorney fees or
c) don’t want to pay at least prevailing wage or
d) all of the above
All doors seem to be closed.
I have never felt that bad in my life: go see the doctor.
“You have all the symptoms of someone who is having…a nervous depression.
Do you want me to refer you to a good psy who could help you?”
No, thanks. I know why I am sick.
Finally find new company that loves me: apply for new H1 and they pay all fees.
H1 approved.
This time, I am holding my breath. We are now in December 2000. Seven years since I first came in the US. Time flies…and no GC in sight.
Job is nice, company is nice. Recovering from depression.
Boss loves me: decides to start for me RIR Labor in….May 2001.
Yes, one month after that damn month of April 2001. You know what I mean.
Six months of advertising.
PD is January 2002.
Labor Cert approved …in July 2004. Concurrent filing I-140/I-485 in August 2004.
Get EAD. FP in September 2004.
Things change: company is now going down. Boss still loves me but…lays me off.
(Re)(Re) Start of my American Nightmare?
Attorney says: “Don’t worry (!!!) Employer loves you. Won’t revoke I-140. GC is for future job. Find new H1 job to maintain status and see what happens”.
This time, I am lucky (!) and find right away new H1 job. Company is OK, job is OK.
Later, previous company nicely recovers: got rehired!
Only thing: I will have to pay all fees from now on. Don’t care. Back on the right track.
Do Medical in April 2005.
I-140 approved in May 2005…but visas are now “Unavailable”. Nothing to worry about.
October is around the corner and new numbers will be available, right?
Just a few more months and I will have my GC. Wrong.
October bulletin comes out. EB3 World is back to March 2001 (PD is 01/2002).
I swear that I almost s..t in my pants. When is too much…just too much?
How much more frustration and anguish can I endure? More, much more.
By rage and stress, I pack up an extra 20 lbs in just a few months.
Most people lose weight when they are under extreme stress and/or depression, I do the opposite. I am now 40 lbs overweight.
Second EAD. FP again in October 2005. Life is paced by visa bulletins…
September 2006 bulletin comes out: EB3 World has now passed my PD.
I am holding my breath again. Rightly so, for the umpteenth time.
Third EAD.
Wait 2 weeks and start inquiring about the status of my application.
Call so-called “Customer service”: as usual they know jack s..t.
“Your application is still pending”. Thanks, I already knew that.
Make Infopass appointment at Los Angeles downtown office.
“Sir, I can’t tell you anything specific because your case is at the Laguna Niguel office.
Contact them at: CSC-XII@dhs.gov”
E-mail #1 on 09/18: (…) Status of my case? (…)
Response on 09/27: “the I-485 at question is still pending FBI name check clearance.
Once the file has been cleared by FBI, it will be adjudicated. The service has no control on how long it takes FBI to clear the case”.
E-mail #2 on 09/27: (…) When was that initiated? (…)
Response on 10/02: (…) On or about 08/19/2004. (…)
This time, I surprise myself: I am one more time devastated but remain strangely calm.
Even laugh about it. Nervously. Too much is just too much.
I had heard about that Name Check aberration before but had ignored it.
Like most people involved in that GC mess, I refused to worry in advance.
One bridge to cross at the time, please.
Weirdly enough, I am now almost relieved. Why? Because for the first time ever, I can be proactive and I CAN ACT!
I call my lawyer and tell her about those 2 e-mails: “That’s good enough to file Writ of Mandamus. That summarizes the whole situation, we don’t need anything else”.
WOM is filed on November 1st.
(I requested FOIPA and contacted Senators, President, Vice-President etc, etc…
only later just in case we would have needed more ammunitions).
After that, things go fast:
11/ 29: without any warning (!), LUD: “Your card has been ordered”.
12/01: confirmation from the Assistant US Attorney that my case has been approved.
12/04 LUD: “Your case has been approved”.
(So, they notify you that the card has been ordered…before notifying that the case has been approved…).
12/05: receive Approval Notice in the mail and my attorney indicates that she will then dismiss the Mandamus complaint.
12/07: receive the Magic Card in the mail (regular mail, even not certified, unbelievable…).
What a timing! Could I dream of a better Christmas Gift?
Who said Papa Noel/Santa or Banta Claus/Little Red Riding Hood did not exist?
:) ;) :) ;) :) ;) :) ;) :)
Guys, guess what I am holding in my hand? Yes, that bit of plastic, object of our fantasies ….and nightmares. After filing Writ of Mandamus on November 1st, things went amazingly quickly and smoothly: on December 1st, the US attorney gave confirmation that the case has been approved and I received the card in the mail on 12/07.
What did I feel then? Really indescribable…Happy? It goes way beyond that.
I feel more relieved than anything else, like if I had a ton of lead off my shoulders…
May my story inspire, give hope and faith to all of you guys who are so depressed at the moment because of what happened, or did not happen should I say, in that shameful Congress.
As you will see, I had my head in a brick wall more than once. More than once, I was devastated and, still, I never gave up and made it through.
So, please, enjoy the holidays: as long as there is life, there is hope.
I know something about it:
Come here in 1993 as a student on F1 visa. Graduate and got Work Permit (OPT).
Find dream job in dream company. Hired directly by CEO himself.
Company loves me and applies right away for H1 and then Labor Cert.
Life is beautiful. The start of the American Dream. Not for long.
Attorney has been working for company for years. Always successfully.
Picks me for his first failure: screws up completely.
H1 denied. Labor Cert denied. Company gets mad: attorney is fired.
OPT runs out: company still loves me but…I am now out of status and…fired too.
Welcome to America. Life has turned dark. The start of my American Nightmare.
I am disgusted. Decide to go back to my home country (France).
I miss California. Find new company that loves me: apply for H1 again (this time, I am paying all fees, out of my meager savings).
H1 is approved, got stamp at embassy in Paris. I am back. Life is beautiful again.
Not for long. Exactly 2 hours (no kidding).
Find out that company is a sweat-shop and boss is a crook.
Pays me half (yes, half) what he was supposed to.
Go to INS to complain: “If you are not happy, go back to your home country”.
I swear that it is exactly what I am told.
Consult attorneys for a possible lawsuit: “ Alas, your situation happens more often than you can imagine. Many unscrupulous employers use and abuse of would-be immigrants like you. Don’t waste your time and money in a lawsuit, just find yourself a new job…and be more careful this time”.
I am broke. Can’t even go back “home” and anyway I don’t want to.
Not with just my tail between my legs for the second time.
Home is here. I want my American Dream and I will get it, no matter what.
Decide to swallow my pride and endure the humiliation until I can find new employer willing to sponsor new H1 and pay all fees. I just can’t afford anything as I am hardly surviving.
Employer wants to fire me: “you are always complaining about the money”.
I have to threaten him (yes I did) to report his company to Dept. of Labor (most his employees are illegals and as abused as I am, not getting paid for overtime and so on…).
Imagine in what kind of atmosphere I am working…but I need this job to remain legal until I can find something else.
For sure, I will be out of there within a couple months at the most.
Don’t know yet that this nightmare will last…2 years. Still can’t believe it.
Had I known, I would have fled the first day, no matter what.
In my specialty, jobs are not easy to find.
Not to mention that this time, I have to be very “choosy”…
Companies that I approach:
a) don’t want to hear about immigration or
b) don’t want to pay attorney fees or
c) don’t want to pay at least prevailing wage or
d) all of the above
All doors seem to be closed.
I have never felt that bad in my life: go see the doctor.
“You have all the symptoms of someone who is having…a nervous depression.
Do you want me to refer you to a good psy who could help you?”
No, thanks. I know why I am sick.
Finally find new company that loves me: apply for new H1 and they pay all fees.
H1 approved.
This time, I am holding my breath. We are now in December 2000. Seven years since I first came in the US. Time flies…and no GC in sight.
Job is nice, company is nice. Recovering from depression.
Boss loves me: decides to start for me RIR Labor in….May 2001.
Yes, one month after that damn month of April 2001. You know what I mean.
Six months of advertising.
PD is January 2002.
Labor Cert approved …in July 2004. Concurrent filing I-140/I-485 in August 2004.
Get EAD. FP in September 2004.
Things change: company is now going down. Boss still loves me but…lays me off.
(Re)(Re) Start of my American Nightmare?
Attorney says: “Don’t worry (!!!) Employer loves you. Won’t revoke I-140. GC is for future job. Find new H1 job to maintain status and see what happens”.
This time, I am lucky (!) and find right away new H1 job. Company is OK, job is OK.
Later, previous company nicely recovers: got rehired!
Only thing: I will have to pay all fees from now on. Don’t care. Back on the right track.
Do Medical in April 2005.
I-140 approved in May 2005…but visas are now “Unavailable”. Nothing to worry about.
October is around the corner and new numbers will be available, right?
Just a few more months and I will have my GC. Wrong.
October bulletin comes out. EB3 World is back to March 2001 (PD is 01/2002).
I swear that I almost s..t in my pants. When is too much…just too much?
How much more frustration and anguish can I endure? More, much more.
By rage and stress, I pack up an extra 20 lbs in just a few months.
Most people lose weight when they are under extreme stress and/or depression, I do the opposite. I am now 40 lbs overweight.
Second EAD. FP again in October 2005. Life is paced by visa bulletins…
September 2006 bulletin comes out: EB3 World has now passed my PD.
I am holding my breath again. Rightly so, for the umpteenth time.
Third EAD.
Wait 2 weeks and start inquiring about the status of my application.
Call so-called “Customer service”: as usual they know jack s..t.
“Your application is still pending”. Thanks, I already knew that.
Make Infopass appointment at Los Angeles downtown office.
“Sir, I can’t tell you anything specific because your case is at the Laguna Niguel office.
Contact them at: CSC-XII@dhs.gov”
E-mail #1 on 09/18: (…) Status of my case? (…)
Response on 09/27: “the I-485 at question is still pending FBI name check clearance.
Once the file has been cleared by FBI, it will be adjudicated. The service has no control on how long it takes FBI to clear the case”.
E-mail #2 on 09/27: (…) When was that initiated? (…)
Response on 10/02: (…) On or about 08/19/2004. (…)
This time, I surprise myself: I am one more time devastated but remain strangely calm.
Even laugh about it. Nervously. Too much is just too much.
I had heard about that Name Check aberration before but had ignored it.
Like most people involved in that GC mess, I refused to worry in advance.
One bridge to cross at the time, please.
Weirdly enough, I am now almost relieved. Why? Because for the first time ever, I can be proactive and I CAN ACT!
I call my lawyer and tell her about those 2 e-mails: “That’s good enough to file Writ of Mandamus. That summarizes the whole situation, we don’t need anything else”.
WOM is filed on November 1st.
(I requested FOIPA and contacted Senators, President, Vice-President etc, etc…
only later just in case we would have needed more ammunitions).
After that, things go fast:
11/ 29: without any warning (!), LUD: “Your card has been ordered”.
12/01: confirmation from the Assistant US Attorney that my case has been approved.
12/04 LUD: “Your case has been approved”.
(So, they notify you that the card has been ordered…before notifying that the case has been approved…).
12/05: receive Approval Notice in the mail and my attorney indicates that she will then dismiss the Mandamus complaint.
12/07: receive the Magic Card in the mail (regular mail, even not certified, unbelievable…).
What a timing! Could I dream of a better Christmas Gift?
Who said Papa Noel/Santa or Banta Claus/Little Red Riding Hood did not exist?
:) ;) :) ;) :) ;) :) ;) :)
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lsuk
07-15 11:26 PM
done
more...
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shahuja
02-06 09:01 PM
hello EVERYBODY..need help..
this is the email came from my lawyer today..for the inquiry they did with the consulate regarding my visa.
Hi Shweta,
We understand how frustrating this is for you. We received a response to our inquiry with the consulate. It seems the application is being kept pending for additional administrative processing. The stated reason for the review falls within the law under Section 221(g) of the Immigration and Nationality Act. Under these circumstances, we typically see that the government issues a notice to the applicant wherein additional information is often requested. Kindly advise if you have received any notification from the consulate on this issue.
Best regards,
IS ADMIN PROC DIFFERENT FROM ADD ADMIN PROC ???
also the same day i called DOS and they told me case was approved already in jan..so that means that now more processing needs to be done ??
ADVICE ??
this is the email came from my lawyer today..for the inquiry they did with the consulate regarding my visa.
Hi Shweta,
We understand how frustrating this is for you. We received a response to our inquiry with the consulate. It seems the application is being kept pending for additional administrative processing. The stated reason for the review falls within the law under Section 221(g) of the Immigration and Nationality Act. Under these circumstances, we typically see that the government issues a notice to the applicant wherein additional information is often requested. Kindly advise if you have received any notification from the consulate on this issue.
Best regards,
IS ADMIN PROC DIFFERENT FROM ADD ADMIN PROC ???
also the same day i called DOS and they told me case was approved already in jan..so that means that now more processing needs to be done ??
ADVICE ??
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kumar1
06-12 05:16 PM
Check Home page of USCIS.
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psk79
07-18 12:24 PM
Mine.
Date Delivered To USCIS: July 2
Time Delivered To USCIS: 10.30 AM
Service Center: NSC
Rejected: Don't Know
Date Delivered To USCIS: July 2
Time Delivered To USCIS: 10.30 AM
Service Center: NSC
Rejected: Don't Know
deletedUser459
06-14 05:41 PM
good job!
welcome to the forum
welcome to the forum
kshitijnt
10-09 07:28 PM
Only thing that makes sense right now is gold.
