gclongwaytogo
10-10 01:32 PM
Still Waiting.....
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rustum
09-24 08:31 PM
HI,
Lawyer sent to NSC on 27th July. Today called to USCIS support. There are no receipts numbers in the system. What could be the reason.
Lawyer sent to NSC on 27th July. Today called to USCIS support. There are no receipts numbers in the system. What could be the reason.
raysaikat
08-10 12:49 PM
Folks a quick question -
Did all of you get the I-485 approval notice at home OR did it go to your lawyer ?
I know that the card itself come to the home address -
Thanks
At home.
Did all of you get the I-485 approval notice at home OR did it go to your lawyer ?
I know that the card itself come to the home address -
Thanks
At home.
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cram
06-15 09:53 AM
My lawyer sent the applications on June 1st and we have the receipts already. They cashed the checks by June 6th.
Did you send it to TSC or NSC.
Did you send it to TSC or NSC.
more...
akred
05-23 03:03 AM
Ran it through spell check and fixed typos and grammar.
--------------------------
Akred, I have copied your corrected version you just posted here into the first main post and removing message from this post to avoid confusion. Thanks for understanding. - logiclife.
--------------------------
--------------------------
Akred, I have copied your corrected version you just posted here into the first main post and removing message from this post to avoid confusion. Thanks for understanding. - logiclife.
--------------------------
dealsnet
03-28 01:40 PM
Good job. Thanks.:D
Average worldwide processing time for employment based green card applications is 1.43 years (Priority Date to GC approval).
In simple words, it takes 5.5 years to wrap up the 1 year GC demand for Indian applicants presuming there is no overflow from any other country GC visa quota.
http://spreadsheets.google.com/pub?key=pezNTiCXNupwoSrZGE4kqcg
Above conclusion is drawn after comparing the statistics for just the 2007 PERM data from DOL.
http://www.shusterman.com/pdf/perm07.pdf
I also assumed that there are 1000 Non-Perm cases for India alone, but changing it would not affect the results a lot.
Just imagine the demand that would have been in years 2000~2002 and thats a project for another er!
Unless we stand up unitedly, talk to the senators and raise our voice, we can plan on retiring on H1. It may be now or never!
Average worldwide processing time for employment based green card applications is 1.43 years (Priority Date to GC approval).
In simple words, it takes 5.5 years to wrap up the 1 year GC demand for Indian applicants presuming there is no overflow from any other country GC visa quota.
http://spreadsheets.google.com/pub?key=pezNTiCXNupwoSrZGE4kqcg
Above conclusion is drawn after comparing the statistics for just the 2007 PERM data from DOL.
http://www.shusterman.com/pdf/perm07.pdf
I also assumed that there are 1000 Non-Perm cases for India alone, but changing it would not affect the results a lot.
Just imagine the demand that would have been in years 2000~2002 and thats a project for another er!
Unless we stand up unitedly, talk to the senators and raise our voice, we can plan on retiring on H1. It may be now or never!
more...
newu77
08-20 04:15 PM
I called on friday. Had to explain the lady that as per press-release, my receipt number should be issued. After 20 minutes of discussions, she escalated my call to another officer. She checked the database with my name, DOB and A# but she could not find any thing related to I-485.
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satishku_2000
05-23 12:47 PM
emailed to almost 20 senators ...
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mashu
08-15 03:47 PM
I am on the same boat as well.
I think that LUD recent changes with no receipts/no checks cahsed might reflect transfer to TSC.
Suggestion: for people who filed I140 in TSC and I485 in NSC- to register to USCIS website and keep track of LUD (as a transfer indication):confused:
BTW, talked to my lawyer, he does not think so but he does not any other opinion also:mad:
---------------
EB3
I140 approved by TSC on 6/15/2007
I4585 received by NSC on July 2, 11:34am
Last Update Date on I140 - 8/12/2007
No receipt, no check cashed
I think that LUD recent changes with no receipts/no checks cahsed might reflect transfer to TSC.
Suggestion: for people who filed I140 in TSC and I485 in NSC- to register to USCIS website and keep track of LUD (as a transfer indication):confused:
BTW, talked to my lawyer, he does not think so but he does not any other opinion also:mad:
---------------
EB3
I140 approved by TSC on 6/15/2007
I4585 received by NSC on July 2, 11:34am
Last Update Date on I140 - 8/12/2007
No receipt, no check cashed
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bobzibub
07-08 12:13 AM
It gets interesting. Doesn't it? Even if the court agrees that this is a fiasco and would like to compensate the beneficiaries by allowing us to file for 485, it would be in direct violation of the law that " there must be a number available on the day of filing ".We don't have any numbers. Do we? My point is, will a judicial system go out of the box and allow us to file when there are no visa numbers available? The only way is get numbers and make every one file and the only way for that is to undo what the USCIS has done in the last 2 weeks of June. Just my thoughts. I am ready to take anything positive out of this because I have least hopes pegged on the law suit.
If there must be a number at the day of filing, who's responsibility is it to manage that then? The applicant's? I filed my eb-485 based upon *their* indication that there were numbers available. I relied upon them in good faith that there were. Now I understand that they did their best to use them up as soon as they issued the visa bulletin--probably because the July 485s would not be at the higher fee schedule.
I think a judge would have no option but to allow the filings. It is not that allowing the 485s to stand would break the "numbers must be available" law. That law has already been broken, when they put Cs all over the visa bulletin.
Cheers,
-b
If there must be a number at the day of filing, who's responsibility is it to manage that then? The applicant's? I filed my eb-485 based upon *their* indication that there were numbers available. I relied upon them in good faith that there were. Now I understand that they did their best to use them up as soon as they issued the visa bulletin--probably because the July 485s would not be at the higher fee schedule.
I think a judge would have no option but to allow the filings. It is not that allowing the 485s to stand would break the "numbers must be available" law. That law has already been broken, when they put Cs all over the visa bulletin.
Cheers,
-b
more...
ravi.shah
09-23 02:13 PM
Now you are going to protest porting..do u have a slightest idea of how it is to wait for 10 years in the GC queue. This is not because people were not eligible for EB2 at that time, but rather due to the lawyer and employer mess ups. And there is no wrong in someone going to the front of the queue if they were able to prove that they are eb2 worthy..
Agreed !
Employers and their law firms many a times screw up deliberately.....
If they apply for Eb3 then that guy gets stuck with that consulting firm for like 10 more years ! Which employer doesn't want that !!! Many of my friends have got stuck in EB3 lines due to employer/lawyer deliberate-goofups !! If they leave the company, they risk the money they gave for previous GC processes + the client.... becoz of contract terms... etc...
If EB3 candidates are eligible for EB2 porting, they MUST go for it...
If that is going to delay EB2, then so be it.... Its the right thing to do...
Agreed !
Employers and their law firms many a times screw up deliberately.....
If they apply for Eb3 then that guy gets stuck with that consulting firm for like 10 more years ! Which employer doesn't want that !!! Many of my friends have got stuck in EB3 lines due to employer/lawyer deliberate-goofups !! If they leave the company, they risk the money they gave for previous GC processes + the client.... becoz of contract terms... etc...
If EB3 candidates are eligible for EB2 porting, they MUST go for it...
If that is going to delay EB2, then so be it.... Its the right thing to do...
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Karthik Thambidurai
07-13 07:57 AM
NPR news coverage on July 2007 visa bulletin
http://www.npr.org/templates/story/story.php?storyId=11945381
:)
http://www.npr.org/templates/story/story.php?storyId=11945381
:)
more...
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nousername
01-29 08:39 PM
You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.
There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.
BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules� I hate people who false represent the facts for immigration benefits.
Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don�t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.
BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules� I hate people who false represent the facts for immigration benefits.
Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don�t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
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seahawks
09-23 08:13 PM
I guess one strategy would be only to file for principal applicants, get green cards, become citizens and then sponsor dependents would be a faster route than waiting through the EB route:) Just kidding.
more...
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another one
12-17 02:43 PM
Restarted the process again in 2006 due to job change.
Two things that help me.
1) Personally meeting lawmakers and making it obvious to them how screwed up their policies are.
2) Being ready to go back. After all, the country where i was born and spent the first 25 yrs of my life cannot be that impossible for me to live in.
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?
Two things that help me.
1) Personally meeting lawmakers and making it obvious to them how screwed up their policies are.
2) Being ready to go back. After all, the country where i was born and spent the first 25 yrs of my life cannot be that impossible for me to live in.
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?
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desi3933
02-12 02:31 PM
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct’07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
Why did you wait so long for your unpaid back wages? Benching is considered to be an employer’s failure to pay the nonimmigrant worker in H-1B status his/her full rate of pay based upon the employer’s lack of work, periods between contracts, or after a downturn in business. In all these situations, the USCIS requires the employer to pay the H-1B worker his/her full rate of pay as stated on the H-1B visa petition.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
You are entitled for back wages until terminated. Such termination should be well documented and properly served.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
I would strongly suggest not to use fake letter for unpaid leave. Please consult your attorney and consider sending them proper letter demanding back wages. Please note that an employer is in violation of the LCA requirement at Sec. 1182(n)(1)(A) for placing an H-1B nonimmigrant in unpaid nonproductive status due to a decision by the employer based upon factors such as lack of work. The prohibition against unpaid nonproductive status does not apply to nonproductive time due to non-work related to factors such as a voluntary request by the nonimmigrant for an absence (e.g., unpaid home leave on holiday), or circumstances rendering the nonimmigrant unable to work (Example - Medical incapacity, caring for sick relative, vacations).
In the event of termination, your employer MUST provide you letter of termination in writing AND should notify USCIS to such termination. Till that time, employer is liable for full wages.
____________________
Not a legal advice.
US Citizen of Indian Origin
I am in a similar situation...I have been on H1B since Oct’07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
Why did you wait so long for your unpaid back wages? Benching is considered to be an employer’s failure to pay the nonimmigrant worker in H-1B status his/her full rate of pay based upon the employer’s lack of work, periods between contracts, or after a downturn in business. In all these situations, the USCIS requires the employer to pay the H-1B worker his/her full rate of pay as stated on the H-1B visa petition.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
You are entitled for back wages until terminated. Such termination should be well documented and properly served.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
I would strongly suggest not to use fake letter for unpaid leave. Please consult your attorney and consider sending them proper letter demanding back wages. Please note that an employer is in violation of the LCA requirement at Sec. 1182(n)(1)(A) for placing an H-1B nonimmigrant in unpaid nonproductive status due to a decision by the employer based upon factors such as lack of work. The prohibition against unpaid nonproductive status does not apply to nonproductive time due to non-work related to factors such as a voluntary request by the nonimmigrant for an absence (e.g., unpaid home leave on holiday), or circumstances rendering the nonimmigrant unable to work (Example - Medical incapacity, caring for sick relative, vacations).
In the event of termination, your employer MUST provide you letter of termination in writing AND should notify USCIS to such termination. Till that time, employer is liable for full wages.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
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arihant
05-02 11:44 AM
nk2006,
I read it the same way as you. The only difference I see here from provisions in CIR is that this seems to make a distinction between advanced degree holders from US vs outside. Looks like advanced degree holders from US do not have the 3 year restriction. This also seems to be consistent with section 203 where the employer would be allowed to start the GC process for US educated students while they are in OPT stage itself.
I read it the same way as you. The only difference I see here from provisions in CIR is that this seems to make a distinction between advanced degree holders from US vs outside. Looks like advanced degree holders from US do not have the 3 year restriction. This also seems to be consistent with section 203 where the employer would be allowed to start the GC process for US educated students while they are in OPT stage itself.
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tikka
05-23 11:17 AM
I feel Faxing 1 page document with the critical issues will have more impact in addition to the emails .
Can some body send the template for faxes and link to webfax also. I email 10 senate members until now
can you share the email id's please. someone on the forum was looking for the emails.
thanks
Can some body send the template for faxes and link to webfax also. I email 10 senate members until now
can you share the email id's please. someone on the forum was looking for the emails.
thanks
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Libra
07-07 08:54 AM
Delhiguy you are right and dont participate in any protest some of the members are making, have fun with your family, if you have any, and chill out. dont worry what others are doing
USCIS and gov make laws and break laws we dont have right to ask, but when we got hurt we should make them know how did they hurt us so that they will not do that to future immigrants, that's it.
USCIS and gov make laws and break laws we dont have right to ask, but when we got hurt we should make them know how did they hurt us so that they will not do that to future immigrants, that's it.
chanduy9
07-05 01:59 PM
If this guy from USCIS (Emilio T. Gonzalez) is an anti immigrant then he might think this is an appreciation from anti immigrants. dont you want to convey to him that these flowers are actually from people who got screwed by him and uscis
Pls my post very carefully...it is
Select Occasion: "Sympathy".....and you can write some msg in the card too...it explains from where it is coming and what it means...
guys think +ve.
Thanks,
Chandra.
Pls my post very carefully...it is
Select Occasion: "Sympathy".....and you can write some msg in the card too...it explains from where it is coming and what it means...
guys think +ve.
Thanks,
Chandra.
Billo
08-02 02:53 PM
My case was received by NSC on Jun 25th. No word yet. My I-140 is from Texas. Very worrying situation,
Don't worry.. you will be fine. you will receipt from TSC in day or two
our application reached NSC on 22 june and cheque cashed yesterday. wait for one or two day, you will get good news
Don't worry.. you will be fine. you will receipt from TSC in day or two
our application reached NSC on 22 june and cheque cashed yesterday. wait for one or two day, you will get good news
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