obviously
07-27 07:15 AM
LEGAL AND STUCK IN - 7 YRS. ILLEGAL AND SNUCK IN - 7 MINS. CHOOSE!
It is a fact that EB3 India is a FORGOTTEN category. There appears to be a sense of intra-category elitism within the larger community that comes together at IV. EB3 I's make feeble attempts to be heard and some take a shot at innovative marketing campaigns to call attention to the plight of being stuck for over 6 ot 7 years in some cases. EB2 I's immediately respond with a self protectionist attitude and preach a higher calling that focuses on comprehensive solutions instead of piecemeal solutions. EB1 I's obviously choose to remain outside the fray, since these are matter of concern to vox populi, not them.
Some EB2's and EB3's then analyse the hell out of USCIS logic, to the extent that they could become full time spin meisters for ANY public organization. With very little fact, a healthy dose of opinion and a mish mash of 'logic', they piece together their 'strong' arguments -one way or the other.
Lost in this useless din of irrelevant analysis paralysis is the real misery of thousands of EB3 I's (such as myself) that have been stuck for years for no fault of ours. By the way, I happen to be a highly educated (for those that care) Executive that went to Top Private Universities in the US that happens to be stuck in EB3 ONLY because the company HR rep and lawyer at the time, chose to go down this path. POint being, there is no reason for EB2 I's to pontificate from a sense of elitist protectionism because there are EB3 I's like me that can outsmart a bunch of you in no time. Seriously. (This is for those that preach that if you are 'smart' you should be in EB2. Go read those threads).
So bottomline, let us stop behaving like CIS vs Anti CIS camps and instead UNITE towards the common cause. Let EB3I's air their frustrations. If you can come to help, do so. If not, stay out of it completely. No more half ass 'logic', please.
Thanks!
It is a fact that EB3 India is a FORGOTTEN category. There appears to be a sense of intra-category elitism within the larger community that comes together at IV. EB3 I's make feeble attempts to be heard and some take a shot at innovative marketing campaigns to call attention to the plight of being stuck for over 6 ot 7 years in some cases. EB2 I's immediately respond with a self protectionist attitude and preach a higher calling that focuses on comprehensive solutions instead of piecemeal solutions. EB1 I's obviously choose to remain outside the fray, since these are matter of concern to vox populi, not them.
Some EB2's and EB3's then analyse the hell out of USCIS logic, to the extent that they could become full time spin meisters for ANY public organization. With very little fact, a healthy dose of opinion and a mish mash of 'logic', they piece together their 'strong' arguments -one way or the other.
Lost in this useless din of irrelevant analysis paralysis is the real misery of thousands of EB3 I's (such as myself) that have been stuck for years for no fault of ours. By the way, I happen to be a highly educated (for those that care) Executive that went to Top Private Universities in the US that happens to be stuck in EB3 ONLY because the company HR rep and lawyer at the time, chose to go down this path. POint being, there is no reason for EB2 I's to pontificate from a sense of elitist protectionism because there are EB3 I's like me that can outsmart a bunch of you in no time. Seriously. (This is for those that preach that if you are 'smart' you should be in EB2. Go read those threads).
So bottomline, let us stop behaving like CIS vs Anti CIS camps and instead UNITE towards the common cause. Let EB3I's air their frustrations. If you can come to help, do so. If not, stay out of it completely. No more half ass 'logic', please.
Thanks!
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GC_Green9
07-20 06:44 AM
I am In. I pledge $100 for this thread
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Contributed $400
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Contributed $400
pappu
12-16 12:02 AM
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
This is your first post. Welcome to IV. You may want to spend time on the forum and with state chapters. Getting actively involved may help you.
During the time of IV rally, I happened to speak with an IV member who is here in this country since early 1990s. He has always maintained his legal status and was unfortunate to restart his greencard process several times due to job changes. He did not have a green card at that time and his PD was not very old.
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
This is your first post. Welcome to IV. You may want to spend time on the forum and with state chapters. Getting actively involved may help you.
During the time of IV rally, I happened to speak with an IV member who is here in this country since early 1990s. He has always maintained his legal status and was unfortunate to restart his greencard process several times due to job changes. He did not have a green card at that time and his PD was not very old.
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whiteStallion
11-17 09:32 PM
Sent the email...
Thanks for streamlining this process which only took a few seconds...
Kudos to the IV team again !
Thanks for streamlining this process which only took a few seconds...
Kudos to the IV team again !
more...
Kodi
07-31 02:08 PM
Are AP's being approved faster ?
When did you apply ?
USCIS received it April 22, 08. Filed all the forms together I-140, I-485, I-765 & I-131.
When did you apply ?
USCIS received it April 22, 08. Filed all the forms together I-140, I-485, I-765 & I-131.
mbawa2574
05-09 08:27 AM
Only logic I can think of is Obama is trying to make low-life irresponsible unskilled Americans happy at the cost of skilled Indian workers. How can this retrogress to 2000. This is insane. I miss the good old Bush days and hope that McCain would have been the President.
more...
eb3_nepa
12-11 07:50 AM
Guys even H1B increases are not that bad. A lot of our spouses could get jobs on h1b if it was open just now. Ultimately isint that what we want? Both husband and wife working?
I know that it could have a possible effect on the EB but I think a LOT of our spouses could work if the H1B quota was available. I know atleast 2-3 such friends whose wives can easily get jobs if the H1B was open.
I know that it could have a possible effect on the EB but I think a LOT of our spouses could work if the H1B quota was available. I know atleast 2-3 such friends whose wives can easily get jobs if the H1B was open.
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chi_shark
07-10 02:44 PM
i think it is very clear empirically that h1b is for a temp job and is a non-immigrant visa. it allows the employer to hire for a full time job too... whenever that intention is expressed, it should be expressed to DOL and USCIS in terms of PERM and I-140... thats that... once the h1 visa beneficiary is a beneficiary to I-140, then that person can apply for COS and avail AC21... so, i think it is clear that by itself h1 is temp. AC21 simply allows for h1 holder to extend H1 in case labor is clear and 140 is applied (labor expires in 6 months). further: ac21 allows job change after 485 app.
As per info on that page, it says clearly
"The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability"
How can you say that any H-1B job is permanent? Now, you don't want to believe even the dol web page.
I have always maintained that Permanent Job is a full-time work that has no fixed end date. H1B petition always have fixed end date.
.
As per info on that page, it says clearly
"The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability"
How can you say that any H-1B job is permanent? Now, you don't want to believe even the dol web page.
I have always maintained that Permanent Job is a full-time work that has no fixed end date. H1B petition always have fixed end date.
.
more...
peacocklover
09-09 02:48 PM
Important thing that needs to be changed from USCIS side is for EB GC applicants who get their 140 approval and waiting to file 485 from certain time period like two yrs or more USCIS should allow them to file for 485 irrespective of the current rule 'PD has to be current to file for AOS'.
Otherwise it's a clear loop whole in the EB process..People can't wait that much long to file for AOS for changing business trends or in this economic downturn (which force them to change of job).. USCIS does not loose anything in that case and can make more money if the applicant resumes the process with different employer. Biggest mistake was made by USCIS in July 07 by allowing everybody to file for 485 with out caring people who were sincerely waiting in the line and who were waiting for PERM approvals in full time positions unlike most of Desi consulting based GC applicants ( who used substituted labor by paying 1000s of dollars to their body shopping based companies who misuses the system always) . DOL and USCIS should examine and punish each applicant of substituted labor (who got their GC in 2 to 3 yrs time period through desi body shopping companies).
Sufferers of the existing system are EB2-I,EB2-C, EB3-C and EB3-I GC folks (Indian and chinese applicants). Existing system neglects EB3 folks.. it's gonna take 10yrs for them to wait and apply for 485 as per Today's date. :mad::mad::mad:
You are wrong. There have been lot of changes. Two year EAD for one. And how about EB2 category moving to mid 2006 so most of the EB2 people before that have got GC or will surely get it next year. The only thing that hasn;'t changed is EB3 India. It was stuck in 2001 at that time and still is in 2001. It will crawl to 2002 in the coming year but that's that.
Otherwise it's a clear loop whole in the EB process..People can't wait that much long to file for AOS for changing business trends or in this economic downturn (which force them to change of job).. USCIS does not loose anything in that case and can make more money if the applicant resumes the process with different employer. Biggest mistake was made by USCIS in July 07 by allowing everybody to file for 485 with out caring people who were sincerely waiting in the line and who were waiting for PERM approvals in full time positions unlike most of Desi consulting based GC applicants ( who used substituted labor by paying 1000s of dollars to their body shopping based companies who misuses the system always) . DOL and USCIS should examine and punish each applicant of substituted labor (who got their GC in 2 to 3 yrs time period through desi body shopping companies).
Sufferers of the existing system are EB2-I,EB2-C, EB3-C and EB3-I GC folks (Indian and chinese applicants). Existing system neglects EB3 folks.. it's gonna take 10yrs for them to wait and apply for 485 as per Today's date. :mad::mad::mad:
You are wrong. There have been lot of changes. Two year EAD for one. And how about EB2 category moving to mid 2006 so most of the EB2 people before that have got GC or will surely get it next year. The only thing that hasn;'t changed is EB3 India. It was stuck in 2001 at that time and still is in 2001. It will crawl to 2002 in the coming year but that's that.
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fetch_gc
09-05 11:39 AM
Hi Guys,
Self and Spouse 485/131/765 applications reached USCIS@NSC on July 16th,2007.
No signs of any receipt notices yet??
pls count me in.
NSC EB3 INDIA
(SUBST LABOR,NJ)
PD:APRIL, 2002
I-140 AD: OCTOBER,2005
I-485/131/765: Sent (arrived )on 07/16/2007
Notices??????
Self and Spouse 485/131/765 applications reached USCIS@NSC on July 16th,2007.
No signs of any receipt notices yet??
pls count me in.
NSC EB3 INDIA
(SUBST LABOR,NJ)
PD:APRIL, 2002
I-140 AD: OCTOBER,2005
I-485/131/765: Sent (arrived )on 07/16/2007
Notices??????
more...
deba
12-16 09:44 PM
I hear ya and feel for you Nag. That is why I posted a thread inquiring about ability to file for AOS/benefits after I-140 even when PD is not current. I believe this is an achievable administrative fix, however with almost everyone applying in July/Aug, this may be on the back burner in the foreseeable future.
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greatzolin
08-13 01:50 PM
It seems like the deeper we are in the process of GC the more time we spend tracking and speculating on the next week or the week after.
This week is going to be critical for the Notices because if we don't get them by 8/17 the following weeks are going to be even worse.
I'm tempted to call because of the time that has passed and becasue my checks also are dated 6/15.
Best luck to all.
This week is going to be critical for the Notices because if we don't get them by 8/17 the following weeks are going to be even worse.
I'm tempted to call because of the time that has passed and becasue my checks also are dated 6/15.
Best luck to all.
more...
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ksita48
11-18 10:46 AM
Sent to VA Representatives.
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obviously
07-27 11:13 PM
It is indeed sad that you continue to pontificate from a perch of indifference and ignorance. We all know that the entire EB immigration system is not a zero sum game (just ask Ron Hira and his ilk). Sad thing is, when it comes to EB3 I's, EB 2's such as you suddenly transform into a Ron Hira lite ... going about throwing broad hints about how the system is setup the way it is ... to serve those 'higher in the pecking order'.
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.
For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.
For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?
more...
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vinamit
09-16 01:49 PM
My 485,AP,EAD checks were cashed on 9/11/07
Application filed on August 2nd
Nebraska
Application filed on August 2nd
Nebraska
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chmur
07-26 11:59 PM
There is not much use for just fighting EB3-I. You can send a letter or lobbey and they will hear it. Thats all. There are so much discrepancies in immigration policy of USA(The impact is for just for potential immigrants not for the country) I do not think they will spend time to resolve each and every small discrepancy. There are more more severe issues in the country than resolving EB3-I. Of course that is a big issue for those who are impacted.
But the problem will be automatically resolved if STEM/and or Recapture bill is passed. That is a big picture and that will get more attention than just lobbying for EB3-I.
"There are more more severe issues in the country than resolving EB3-I"
True ... and so I guess there no issues more important in the country than to recapture visas for legal immigrants.
With your approach IV should just keep quiet and hope for the best.
Agreed Recapture will solve most of the problems but at the same time it has turned out to be the most difficult one to achieve since it requires a legislation change.
All the immigrant community should support IV in it's effort to recapture .
But I cannot understand your ilk who are adamant that the entire community should only focus on recapture and doing anything else is blasphemous and attach negative conotations like "infighting", "Splitiing" ....it's absurd.
Such utterances can poetentially hurt the recapture issue by alienating significant community size .
Why was this mantra,"Only Recapture nothing else", not preached
1. When IV sucessfully reversed USCIS decisions last July
2. Two year EAD's.
Recapture would have solved the above problems automatically to
But the problem will be automatically resolved if STEM/and or Recapture bill is passed. That is a big picture and that will get more attention than just lobbying for EB3-I.
"There are more more severe issues in the country than resolving EB3-I"
True ... and so I guess there no issues more important in the country than to recapture visas for legal immigrants.
With your approach IV should just keep quiet and hope for the best.
Agreed Recapture will solve most of the problems but at the same time it has turned out to be the most difficult one to achieve since it requires a legislation change.
All the immigrant community should support IV in it's effort to recapture .
But I cannot understand your ilk who are adamant that the entire community should only focus on recapture and doing anything else is blasphemous and attach negative conotations like "infighting", "Splitiing" ....it's absurd.
Such utterances can poetentially hurt the recapture issue by alienating significant community size .
Why was this mantra,"Only Recapture nothing else", not preached
1. When IV sucessfully reversed USCIS decisions last July
2. Two year EAD's.
Recapture would have solved the above problems automatically to
more...
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shreekarthik
10-08 06:40 PM
First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
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luckylavs
10-04 11:22 AM
strange.. my appliaction was sent aug 6th and no news so far ... i am worried as i have travel plans to india..
anybody in the same boat ...
anybody in the same boat ...
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nmdial
11-17 03:22 PM
All the best!!
Delhi
07-20 01:23 AM
In - $ 50 per month
- Delhi
- Delhi
sankar_203
04-21 10:32 AM
i guess ur fine. My collegue here won similar case in NJ. I am sure they'll pay u if u put little pressure on them. I would think twice before i report him to DOL & DHS only the reason being it might affect all other employees that are currently working for your previous company. If they don't pay u, i guess u have no choice to go for a fomal complaint.
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