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  • gk_2000
    04-18 07:40 PM
    I have neither become apprehensive nor have got any ill feeling ... just showing where the problem is .

    Yes, sorry.. no foul





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  • agtexas2007
    12-10 10:47 PM
    Can you tell me what do i have to do for WOM. Do i have to hire a attorney or i can do myself?


    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?
    :) ;) :) ;) :) ;) :) ;) :)





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  • vdlrao
    06-11 03:24 AM
    Sorry to hear that. But there would be options all the time. Can you please eloberate What happened?





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  • Honda
    05-04 12:18 PM
    Hi Friends,

    I checked my status and havent received any Soft LUD, but I received a FP notice couple of days back. I am not sure what this is for..My PD is Dec 2006 (EB3) and I received EAD/AP/I140 approved. I applied concurrently during the july fiasco and already done with FP on 2007 itself.

    Now i am surprised why I need to , go for FP again. I am still in H1 and my EAD is expired and havent renewed.

    Can anyone shed some light in to this FP notice ???

    Cheers
    John

    Your 485 application belongs to which service center?



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  • deletedUser459
    06-11 11:04 PM
    you're not supposed to skin that...





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  • kvranand
    04-28 01:03 PM
    kbsyed61,

    Same thing is happening to my wife's RFE response too. We have submitted the response to her RFE (Birth certificate Affidavit) on 04/24. I have received an e-mail on the very same day from USCIS that thay have received the response and the case process resumed. I saw soft LUD's on 04/27, 04/28. I guess it will stop after couple of more soft LUD's as our PD's are not current. I assume we are okay as long as we do not get more RFE's on the same issue.:)



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  • tonyHK12
    03-29 03:27 PM
    thanks for contributing gclabor07. We have reached only about 50% of our funding goal
    .





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  • BharatPremi
    12-11 11:17 AM
    http://immigrationvoice.org/forum/showthread.php?t=16031



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  • justAnotherFile
    07-18 08:57 AM
    Several of us are not sure if our early July applications will be accepted or rejected (although common-sense says that a rejected application should be back in our hands by now, who can predict the system anymore).

    This tracker is verify how many applications were rejected in early July.

    Date Delivered To USCIS:
    Time Delivered To USCIS:
    Service Center: TSC, NSC etc.
    Rejected: Yes/No/Dont Know

    My Data
    --------
    Date Delivered To USCIS: July 2
    Time Delivered To USCIS: 11:15 AM
    Service Center: TSC
    Rejected: Dont Know





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  • vdlrao
    04-18 04:34 PM
    This is just one example, which is showing that how, long waited, EB3 friends could port into EB2 with out any issues. CONGRATS JimyTomy for your new and colourful journey.


    .



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  • rameshvaid
    12-21 11:34 AM
    I mailed my story too..

    RV





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  • leoindiano
    09-17 01:46 PM
    Not so fast...the bill language clearly indicates that the provisions of this bill will take effect from the first fiscal day of the new fiscal year after this bill becomes an act...so unless this bill is voted by the house and senate and then signed by the President before September 30th, we will not be seeing any benefit until the fiscal year starting October 1st, 2009. After the September session, Congress will convene again in November/December timeframe for a short session. If the bill does not get passed then, then come next January, it will be starting the process all over again as it will be a new year for the Congress. Just like green cards, Congress does not carry over bills from one year to the next.
    OOPS, we need an amendment to change the effective date, Damn.



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  • Googler
    10-12 02:16 PM
    Good.
    The govt. had announced something : http://www.dhs.gov/xnews/releases/pr_1186757867585.shtm
    See item (22) .

    May be ask Mr.Chertoff , "Sir, what is the status on your annoucement".

    I hope what that news release means is more than what is described in this article:

    http://www.latimes.com/news/local/la-me-citizenship10sep10,1,5647808.story?page=1&ctrack=2&cset=true

    In his yearly report to Congress in June, immigration services ombudsman Prakash wrote that the policy on checking names "may increase the risk to national security by extending the time a potential criminal or terrorist remains in the country." questioned the overall value of the process, writing that it was the "single biggest obstacle to the timely and efficient delivery of immigration benefits."
    The Department of Homeland Security has acknowledged the threat, last month announcing plans to work with the FBI to address the backlog and reduce delays. Citizenship and Immigration Services will reassess the way name checks are done and earmark $6 million toward streamlining the process, Bentley said. [note: Chris Bentley is a USCIS spokesman.]
    �����...

    In addition to clearing the backlog and processing the 27,000 new name checks it receives each week from immigration officials, the FBI is trying to accelerate the process by making more documents electronic. It is also adding more staff and moving resources to a new records facility in Virginia, Carter said. [note: Bill Carter is a FBI spokesman.]

    What we really need is something like what they had to do to clear the US passport backlog -- aggressive hiring and reallocation of resources to remove the backlog + reassessment of the value of examining reference files. Not a replay of the DOL BEC story OR the continuation of the current Kafka-esque situation albeit with few pieces of duct tape to show the press.

    I hope IV is making this clear in all meetings. $6M worth of changes are not going to fix the problem.





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  • rimzhim
    02-07 02:10 PM
    I predict the movement of PD for april'07 will be significant for EB2 India, EB3 ROW for sure. They would not hold up everyone in EB2 India, EB3 ROW at the current priority dates.
    how significant? if the PD moves by 1 yr, half the ppl here will be relieved.



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  • sundewei
    12-03 05:27 PM
    I heard that it needs to be at least 21 months to be able to win the law sue...and suing them might not work anymore when my pending time is qualified.

    If someone else with similar names/same birthdays commited a crime, why do we need to suffer as a possibly "HIT"?

    If I were to wait for 4 years for Name Check, I rather be the person commiting the crime so they can reject my I485 instantly.

    -Frank
    :cool::cool::cool:





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  • idoik
    05-31 01:24 AM
    Dont know what really to put for an ipod mostly there just colors and for that I choose BluePod



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  • neerajvir
    07-16 01:51 PM
    Petition signed.





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  • swamy
    12-12 10:28 PM
    Excuse my cynicism, but that hasn't quite worked out with the crowd in question (so far... ). :)

    jazz

    You are right to be cynical and without the vb helping us in a perverse way maybe the fundraising wouldve been doa. still, it just doesn't feel right - Im too tired to backit up in a convincing way now, maybe tomorrow- but as i said earliuer its just a gut feeling.





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  • extra_mint
    04-24 01:12 PM
    I totally support banishing country quota. It is totally unfair specially to folks from India/China/Mexico and others (in EB category).

    However if we analyze the current mess. Following are some of the things that led to it
    First of all 65K is the number of H1-B's that are issued every year. Lets assume all of 65K applies for GC >> then we get 65 K * 2.2 (dependents) = 143K GC's.

    Then how come we have such a big backlog.

    1. H1b visa ceiling was increased to 195K during the tech boom of 2000's but they never increased the EB based green card (it remained 140K)

    2. Wastage of EB visa by USCIS. Some estimates are in range of 500K. But let's say they wasted half of it (250K). This should be sufficient to clear the backlog.

    3. Third of last few years with rise in economies of India and china and ROW, we have seen an increase in the L1's (globalization). I totally agree with this and have no issues with L1's. And many of L1's decide to stay in US. And of course GC comes from EB category.

    Simple logic is H1-B non-immigrant visa has been recognized as dual intent, which means holders of H1B can legally apply for GC.
    On the other hand Congress and US govt have failed to provide adequate GC for EB. The system is a total chaos now for all the above reasons.

    This is what we need to communicate to congress/us govt and if required challenge in court.







    Can't agree less with you pappu:)





    srikondoji
    07-18 03:29 PM
    Summarizing all the opinions and posts, it is clear that.....
    a) If you haven't heard anything about your rejections, then you can consider it that your application is in.
    b) Rejectiosn if any would have known by now.





    arunkotte
    07-29 08:22 AM
    How can we figure out the net assets from a 1120S tax return? I have the copy of company tax return with me and I am "accounting challenged". Can some one please help me figure out the net assets, so that I can answer my ability to pay RFE.

    Thanks



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