mrow
06-19 07:18 PM
Thought I should share my EB-3 (horror) story:
First initiated my RIR labor in 01/2002
PD: Aug 02,2002
RD: Sept 18, 2003
Approval: June 19 2007
I765 & 131 renewed 4 times.
Though I graduated with a Masters' degree from here back in '98, I was wrongly advised by a lawyer (who I unfortunately knew) who said I did'nt meet min. salary requirements and put me in EB-3 instead of EB-2 (though all my friends who graduated with me were in EB-2 and I knew they could'nt be making a whole lot more than I was). So if your lawyer wants to put you in EB-3 even though you're eligible for EB-2 change lawyers right away; It will mean a world of difference when things go bad. Chances are, the lawyer wants minimum paperwork & hassles to deal with. To add to bad luck, I had an Indian manager who refused to pay for my green card and even the ads for RIR labor, even though he got his green card paid for. Anyways priority dates were current for all categories back then (2002-3) just like it is today when they reclaimed unused numbers so this attorney had said EB3 vs EB2 won't be a problem and convinced me to go with EB3. This 'current' situation went on for some time (a year or so perhaps(?) to 2004 or 05; I do not remember) and then the DOS went and retrogressed EB3 back to 1999! During the year or two Priority Dates were current the INS (as it was called then) took their sweet time in processing cases progressing real slow. So when they were about 3-4 months away from processing my PD and I thought I was real close to 485 approval, the DOS did their thing and retrogressed dates all the way back to 1999 and has become current only now. It hit me with a gale force effect when it retrogressed.
It's almost like things swing like a pendulum between the two departments. If you're real lucky and time it right things can go smooth. If not yes you're screwed like I was and things can go bad one after the other. This time around I was almost sure the USCIS will take a go slow policy and wait for dates to retrogress once again like the last time. I was very surprised by the HUGE movements of 485 processing dates. Things are looking far better this time with these dates. Focus on getting your EAD and Advance paroles ASAP. I-140 premium processing will be worth it. Good luck to you all.
First initiated my RIR labor in 01/2002
PD: Aug 02,2002
RD: Sept 18, 2003
Approval: June 19 2007
I765 & 131 renewed 4 times.
Though I graduated with a Masters' degree from here back in '98, I was wrongly advised by a lawyer (who I unfortunately knew) who said I did'nt meet min. salary requirements and put me in EB-3 instead of EB-2 (though all my friends who graduated with me were in EB-2 and I knew they could'nt be making a whole lot more than I was). So if your lawyer wants to put you in EB-3 even though you're eligible for EB-2 change lawyers right away; It will mean a world of difference when things go bad. Chances are, the lawyer wants minimum paperwork & hassles to deal with. To add to bad luck, I had an Indian manager who refused to pay for my green card and even the ads for RIR labor, even though he got his green card paid for. Anyways priority dates were current for all categories back then (2002-3) just like it is today when they reclaimed unused numbers so this attorney had said EB3 vs EB2 won't be a problem and convinced me to go with EB3. This 'current' situation went on for some time (a year or so perhaps(?) to 2004 or 05; I do not remember) and then the DOS went and retrogressed EB3 back to 1999! During the year or two Priority Dates were current the INS (as it was called then) took their sweet time in processing cases progressing real slow. So when they were about 3-4 months away from processing my PD and I thought I was real close to 485 approval, the DOS did their thing and retrogressed dates all the way back to 1999 and has become current only now. It hit me with a gale force effect when it retrogressed.
It's almost like things swing like a pendulum between the two departments. If you're real lucky and time it right things can go smooth. If not yes you're screwed like I was and things can go bad one after the other. This time around I was almost sure the USCIS will take a go slow policy and wait for dates to retrogress once again like the last time. I was very surprised by the HUGE movements of 485 processing dates. Things are looking far better this time with these dates. Focus on getting your EAD and Advance paroles ASAP. I-140 premium processing will be worth it. Good luck to you all.
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Eagle
12-05 02:08 PM
Thanks Easygoer for your reply.
I also have Chartered Accoutancy (CA) and Cost Accoutancy(CWA) qualifications in addition to my Masters. I have approached Sheila and she is helping me out.
I also have Chartered Accoutancy (CA) and Cost Accoutancy(CWA) qualifications in addition to my Masters. I have approached Sheila and she is helping me out.
GC08
04-14 08:08 PM
This is so depressing ...
Are they still talking about increasing H1Bs? That will create a bigger mess and those new H1Bs will have to wait 20 years before they can apply I485. Hopefully those who wish to come here as H1B will know the reality and won't be "trapped" as some of us have.
If they are still coming, that would be... well... hopeless. :rolleyes:
Are they still talking about increasing H1Bs? That will create a bigger mess and those new H1Bs will have to wait 20 years before they can apply I485. Hopefully those who wish to come here as H1B will know the reality and won't be "trapped" as some of us have.
If they are still coming, that would be... well... hopeless. :rolleyes:
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Berkeleybee
02-05 01:11 PM
All,
Another thought: the flyer we have now was a good start, and at the time when we started we didn't have other material in place.
But esp in places which have a real bulletin board where information will stay on for a while, I think we should give out a little more information on who we are, what the problems is and what we are asking for.
So at a place like ICC, maybe we should pin a copy of our brochure, and another sheet formatted like the brochure in which we give instructions on how to donate money.
The brochure format and content also looks professional, more credible than a flyer that resembles flyers for rentals, car sales etc etc.
best,
Berkeleybee
Another thought: the flyer we have now was a good start, and at the time when we started we didn't have other material in place.
But esp in places which have a real bulletin board where information will stay on for a while, I think we should give out a little more information on who we are, what the problems is and what we are asking for.
So at a place like ICC, maybe we should pin a copy of our brochure, and another sheet formatted like the brochure in which we give instructions on how to donate money.
The brochure format and content also looks professional, more credible than a flyer that resembles flyers for rentals, car sales etc etc.
best,
Berkeleybee
more...
gc_chahiye
01-27 01:57 PM
JUST CURIOUS, DO ALL THINK I CAN EXTRACT MY PAID 7K BACK FROM THIS EMPLOYER WHO CHEATED ME OR YOU THINK ITS WORTH LET IT GO???
You never know! All the gray areas of payment, unenforceable contracts are a game of poker, he bluffed and you blinked. See if the reverse can happen now. Send him a mail or call him up and see his reaction. Say that you spoke to a lawyer and the recommended path is to begin with small-claims court and if that does not work out you will be filing a lawsuit. if he offers you anything back to avoid these hassles (say 3.5k) then go for it (& take your family out to hawaii this summer)
p.s: just as mbartosik said, you need documents to prove everything, hope you have all those, without that nothing will stand up in court (though you might scare him enough to actually pay you)
You never know! All the gray areas of payment, unenforceable contracts are a game of poker, he bluffed and you blinked. See if the reverse can happen now. Send him a mail or call him up and see his reaction. Say that you spoke to a lawyer and the recommended path is to begin with small-claims court and if that does not work out you will be filing a lawsuit. if he offers you anything back to avoid these hassles (say 3.5k) then go for it (& take your family out to hawaii this summer)
p.s: just as mbartosik said, you need documents to prove everything, hope you have all those, without that nothing will stand up in court (though you might scare him enough to actually pay you)
kumar1
07-19 01:47 PM
Desi.....someone asked you a question.....please reply in your typical red blue italic font. If you can not defend what you said, then admit that you were doing BS here. Thanks
more...
gsc999
05-22 03:51 PM
Lol, Agree with this. We need to include this amendment in the agenda :D
---
We have been model "future citizens" by paying all our taxes, abiding by civic laws and meticulously making sure that we never get out of our precarious H-1 B visa status. This is how we are rewarded. This isn't a "grand bargain" it is not even an "amnesty" as many anti-immigrants are labeling it, this is worse, it is a "travesty." Bravo US Senate, you just proved that playing by the rules is such an unAmerican trait. We learn that from your grand bargain. Better late than never. We know now what to do.
On a different note. We could request these senators to introduce an amendment that will create a new category of visa called "H-2-Z" visa for people who give up on getting a green card based on employment based system but may find it easier to refile under Z visa category by becoming illegals.
---
We have been model "future citizens" by paying all our taxes, abiding by civic laws and meticulously making sure that we never get out of our precarious H-1 B visa status. This is how we are rewarded. This isn't a "grand bargain" it is not even an "amnesty" as many anti-immigrants are labeling it, this is worse, it is a "travesty." Bravo US Senate, you just proved that playing by the rules is such an unAmerican trait. We learn that from your grand bargain. Better late than never. We know now what to do.
On a different note. We could request these senators to introduce an amendment that will create a new category of visa called "H-2-Z" visa for people who give up on getting a green card based on employment based system but may find it easier to refile under Z visa category by becoming illegals.
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snhn
09-14 03:40 PM
You have 2 H1s, can you do that. Are you working full time on both H1b visas. Please eloborate on that.
Thanks!
Thanks!
more...
immigrant-in-law
01-25 09:55 AM
All shops that hire OPTs and market them at ridiculously low rates with faked resumes must also be brought to justice.
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bestia
07-17 04:15 AM
If we will get EADs, let's see who are gonna be our friends and enemies:
Lawyers. They are never our friends. If you are on H1b, then you better do every extension through the lawyer. If your H1b extension will be denied, you are in trouble. If you are on AOS/EAD cycle - you don't need a lawyer. It's a simple application. If for some reason your EAD denied (because you screwed something up in application), you will just reapply - it will not affect your status. If you will have a gap - just take leave without pay, to be formally compliant. So.. lawyers will lose, if we will all jump on EAD.
Employers. Believe me, so many consulting companies will be out of business for good, because a lot of folks will just join other companies for better salaries. It will be no more slavery, no more intimidation. For a lot of employers "f$%4 off" will be the usual thing they hear. So they won't like it.
Average American. We will be able to compete with them directly and kick them out of many positions. It's a capitalist country, and competition is a key to prosperity. It is much harder to find a job on H1B than with EAD. Yes, average American employee is undereducated and overpriced, and with a lot of demand and drama. Successful companies will love to hire us.
US government. They will like to get us on EAD, because we will start having higher salaries and will be paying higher taxes. We will start paying yearly EAD/AP fees. So, in this case DOS is on our side.
I think DOS perfectly understood that, that's why they made dates current to force USCIS give us EAD. It was no mistake. But all kinda anti-immigrant forces desperately made this impossible by more likely braking the law.
Lawyers. They are never our friends. If you are on H1b, then you better do every extension through the lawyer. If your H1b extension will be denied, you are in trouble. If you are on AOS/EAD cycle - you don't need a lawyer. It's a simple application. If for some reason your EAD denied (because you screwed something up in application), you will just reapply - it will not affect your status. If you will have a gap - just take leave without pay, to be formally compliant. So.. lawyers will lose, if we will all jump on EAD.
Employers. Believe me, so many consulting companies will be out of business for good, because a lot of folks will just join other companies for better salaries. It will be no more slavery, no more intimidation. For a lot of employers "f$%4 off" will be the usual thing they hear. So they won't like it.
Average American. We will be able to compete with them directly and kick them out of many positions. It's a capitalist country, and competition is a key to prosperity. It is much harder to find a job on H1B than with EAD. Yes, average American employee is undereducated and overpriced, and with a lot of demand and drama. Successful companies will love to hire us.
US government. They will like to get us on EAD, because we will start having higher salaries and will be paying higher taxes. We will start paying yearly EAD/AP fees. So, in this case DOS is on our side.
I think DOS perfectly understood that, that's why they made dates current to force USCIS give us EAD. It was no mistake. But all kinda anti-immigrant forces desperately made this impossible by more likely braking the law.
more...
ivar
08-29 07:23 PM
Congratulations for your GC. your journey was painful, long and inspiring.
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RDB
08-25 09:52 PM
I just got my EAD yesterday (with 1 year validity even though PD is not current). My company lawyer will contact USCIS about this, will update once I have any info.
Received only one year EAD .I will have to call USCIS for incorrect validity date of issued EAD.
Did anybody contact USCIS regarding 1 year validity?
Received only one year EAD .I will have to call USCIS for incorrect validity date of issued EAD.
Did anybody contact USCIS regarding 1 year validity?
more...
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shree19772000
12-05 03:05 PM
I guess my question stems from the comment above. Say if I do not get my GC and I wish to go back after 10 yrs is it possible to get my SS money back even if I am on H1 status?
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H1bslave
11-19 03:43 PM
Thanks for your responses and being good critique (aka Devil�s advocate). Unless we analyze our idea from all point-of-views we won�t be able to make it stronger.
Thanks for your contribution.
How about taking out US Masters of all the queues for a while, that will as well speed up the GC process for others. :D:D
Come on guys. Just because CIR is in question for few more months people are coming up with their own agenda. I will come up with my own, how about seperate quota for the folks came in Year 2001 because we faced lot of struggles to keep the job during the bad market.
a self serving proposal..
MS is just a pretext for many who are here. MS is worthless if you are a software engineer.. you don't need MS to be coding in Java or .NET...
MS from some vague sidey backstreet community college cannot be compared to MS from other better off schools.
your proposal is distracting from the main agenda. CIR or other relief measures.
Thanks for your contribution.
How about taking out US Masters of all the queues for a while, that will as well speed up the GC process for others. :D:D
Come on guys. Just because CIR is in question for few more months people are coming up with their own agenda. I will come up with my own, how about seperate quota for the folks came in Year 2001 because we faced lot of struggles to keep the job during the bad market.
a self serving proposal..
MS is just a pretext for many who are here. MS is worthless if you are a software engineer.. you don't need MS to be coding in Java or .NET...
MS from some vague sidey backstreet community college cannot be compared to MS from other better off schools.
your proposal is distracting from the main agenda. CIR or other relief measures.
more...
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BharatPremi
11-06 01:21 PM
This "AP already approved" so no interimAP(even for emergency) audiotape started since Middle of OCT from NSC IO and local IO's. My AP got LUD on Oct 11th and they said that your AP approved so dont bug us for a duplicate. Wait ... Wait .. Wait ... But how long ??
What do i do now ? I cant travel without this piece of sheet ( i mean paper)
According to my lawyer one should contact USCIS in case of non receipt of AP (Physical Papers) within a month from first LUD. During that call one should ask USCIS whether USCIS get AP papers back or not ( For whatever reason address change and/or wrong address etc.. not delivered to you). If USCIS receive those papers back then it will resend it upon verifying correct address with you and that is without any extra cost. To make this happen certainly you will have to either make frequent calls to USCIS or take frequent infopass appointments.Down the road if USCIS does not get AP papers back and you simultaneously do not get them, meaning if paper lost during transit, then you do have 2 choice..(1) forget about receipt of AP approval papers this time (2) Refile AP with new fee as USCIS did not get mail (papers) back.
What do i do now ? I cant travel without this piece of sheet ( i mean paper)
According to my lawyer one should contact USCIS in case of non receipt of AP (Physical Papers) within a month from first LUD. During that call one should ask USCIS whether USCIS get AP papers back or not ( For whatever reason address change and/or wrong address etc.. not delivered to you). If USCIS receive those papers back then it will resend it upon verifying correct address with you and that is without any extra cost. To make this happen certainly you will have to either make frequent calls to USCIS or take frequent infopass appointments.Down the road if USCIS does not get AP papers back and you simultaneously do not get them, meaning if paper lost during transit, then you do have 2 choice..(1) forget about receipt of AP approval papers this time (2) Refile AP with new fee as USCIS did not get mail (papers) back.
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ChainReaction
07-17 10:34 AM
Date moved from October 03, 2006 to October 06, 2006.. :-(
I also can't see the updated processing time for TSC
Can you tell me the processing time for i140 Skilled and professional worker
thanks
I also can't see the updated processing time for TSC
Can you tell me the processing time for i140 Skilled and professional worker
thanks
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gc_mania_03
06-26 09:24 PM
The lawyer's office are overwhelmed with applications that they need to address. People are worried whether their respective attorney's will file the papers in time. Keeping that situation is perspective, I dont think this initiative is feasible at all, even if it makes sense to a few...
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gc_chahiye
12-18 08:11 PM
That will be a big issue. You do have to show that I-485 has been pending for 180 days before you changed jobs.
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2006cv0584-10
"Thus, it is beyond dispute that Mr. Mawalla�s job change occurred on or before September 17, 2004 � 141 days after he filed his I-485 application. Because he changed jobs before his I-485 application had been pending for 180 days, Mr. Mawalla�s I-140 did not remain valid under AC21. USCIS therefore correctly denied his I-485 application on the ground that he did not have a valid and current visa to support his adjustment of status."
that was a very interesting read. Another scary part is that it took USCIS 6 months to revoke teh I-140 from the time it was requested. Meaning when he actually left his employer, if he had called up USCIS to verify the status of his I-140, it would have come up as still-valid.
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2006cv0584-10
"Thus, it is beyond dispute that Mr. Mawalla�s job change occurred on or before September 17, 2004 � 141 days after he filed his I-485 application. Because he changed jobs before his I-485 application had been pending for 180 days, Mr. Mawalla�s I-140 did not remain valid under AC21. USCIS therefore correctly denied his I-485 application on the ground that he did not have a valid and current visa to support his adjustment of status."
that was a very interesting read. Another scary part is that it took USCIS 6 months to revoke teh I-140 from the time it was requested. Meaning when he actually left his employer, if he had called up USCIS to verify the status of his I-140, it would have come up as still-valid.
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DoggyStyle
07-21 11:48 PM
If the sale takes place, it probably will be bought by either a Chinese or Indian company. Some dumb anti-immigrationists will try to block legal migration every possible way when most of their companies are either taking jobs overseas or getting sold to foreign companies. Go and find the source of what has destroyed the economy and try to fix it. No foreigner has ruined the economy.
I agree. They just blame Indians for everything they fail.
I agree. They just blame Indians for everything they fail.
sandy_anand
11-06 12:16 PM
Sometime this month!!
Thanks for nothing! You must be an analyst - providing absolutely accurate but totally useless information!:D
Thanks for nothing! You must be an analyst - providing absolutely accurate but totally useless information!:D
sunny1000
02-27 07:22 PM
Yes it is just like someone asking labor sub to be allowed again in admin fixes so that they can get a sustitute labor and cut in line.
I don't think it is the CP filers' fault. They are not cutting in line. It is the USCIS who is sitting on their ass on these 485s while the state dept processes the CP files at the normal pace. It should have been the state dept who should have processed the I-485 and CP (just like how they used to do the H/L visa revalidation inside U.S 4 years ago) and we would not have this issue or the visa bulletin fiasco.
It is a gamble to go with CP just like any other application in this GC mess. I know of guys who got their green card in 18 months while I spent 5.5 years in labor dept alone. But, that does not warrant chastising of the CP filers or anybody else for the Government's ineffiency (except in the case of labor sub).
But, I agree that the requests by the original poster should not be a part of IV's letter campaign.
I don't think it is the CP filers' fault. They are not cutting in line. It is the USCIS who is sitting on their ass on these 485s while the state dept processes the CP files at the normal pace. It should have been the state dept who should have processed the I-485 and CP (just like how they used to do the H/L visa revalidation inside U.S 4 years ago) and we would not have this issue or the visa bulletin fiasco.
It is a gamble to go with CP just like any other application in this GC mess. I know of guys who got their green card in 18 months while I spent 5.5 years in labor dept alone. But, that does not warrant chastising of the CP filers or anybody else for the Government's ineffiency (except in the case of labor sub).
But, I agree that the requests by the original poster should not be a part of IV's letter campaign.
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