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  • chaanakya
    08-13 05:41 PM
    Yes, that is right, I said �plight of EB2-India�.

    I am a passive observer of these forums. But some of the ridiculous notions floating around here have motivated me to vent. First and foremost, the law as written is highly favorable to people in EB3 categories, even from India. Here is how...

    Take my example (and there are thousands like myself)....came to the US 8 years ago, spent 5 years working day and night to earn a PhD on a low (barely sustainable) stipend, got FIRST job saw decent money for the first time 6 years after I came.

    Now, compare this to a person working an EB3-job for the last 8 years. Not only does this person do a real job that hopefully provides a respectable income but this person also has the option of moving to EB2 after 5 years of experience. So, at the end of the day in 2008; this person comes out ahead of me in terms of money, in terms of priority date (if ported) and most likely in terms of GC.

    There are complaints all over the forum which have the stink of pretentiousness such as �oh..i am a poor EB3 waiting for n number of years� etc etc. What you guys seem to forget is that YOU are NOT an EB3, it is your JOB that is EB3. You have all the opportunities that were/are available to a person who sweated it out in the university system here to gain more qualifications and get an EB2 job. You CHOSE not to. The general discussion seems to center around cribbing about the US immigration system (Immigration by the way is a privilege defined by laws, not a birthright) and then blaming the EB2 crowd when they finally see the system implement the law as intended in the first place (horizontal spillover rules).

    All these posts that refer to �my career is over because my gc is delayed� are nothing but a pathetic excuse. Law of supply and demand....if you have a skillset that is valuable, you will be fine with or without GC anywhere in the world. It takes a bunch of documents to remain here legally, all you need is a passport to go back if the system here seems so bad.

    For all the attacks that are bound to happen, here is the fodder.....this is probably my first and last post, I haven�t contributed a dime to IV, will work here as long as I like it and if not, India is a great country and provides enough opportunities for any skillset !!





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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:)





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  • vikki76
    09-14 11:21 PM
    There seems to be no pattern among recent approval rate-My coworker didn't get any update from USCIS- he directly got his physical GC on 4th Sept.
    We are still waiting, tried InfoPass, Raised SR, Contacted Senator etc.etc. I am willing to go to Lincoln,NE if that is what it will take to get GC:D





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  • rajas
    08-21 12:15 PM
    Iam hoping to get an H1B extension before my travel to india.IF I come back on AP without stamping a valid H1B on my passport, my status is Parolee.Now if my AOS is denied for some reason, what will be my status? Will I be out of status? How will I go back to H1 status?Do I have to travel back to India and stamp the visa? or you can just file an amendment and get the H1 extended?



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  • Leo07
    11-19 09:33 AM
    Now with Atlas America off...What's the best alternative?, I'm running out of time here...

    Friends, please suggest. I bought ICICI lombard 3 times previously, never had to use it, so no comments there. Now, I'm thinking of buying something better as I had heard horrible things about ICICI lombard.

    Anybody who has had a parent with diabetes and taken insurance? If there were any problems, did the insurance pay the costs? If possible can you also mention what problems came up during the stay.

    Thanks.





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  • add78
    05-09 12:08 PM
    ICICI Lombard or Tata AIG for Indian Parents.
    Look up the plans and read fine prints.



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  • ak_2006
    04-18 04:36 PM
    Congrats! Good to see a freedom :) person.

    One of my colleague got cards y'day. He also ported from EB3 to EB2 ( EB3 2004 - India).





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  • mrdelhiite
    01-30 08:29 PM
    Did my bit
    -M



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  • nirenjoshi
    03-10 05:02 PM
    One of the IV members has requested me to post this info.
    He contacted his senator to get the total number of pending EB apps for India.

    Please see the response from the senator in the following link. It has pending applications by category.

    http://sites.google.com/site/gc28262/Home/Eb-IndiaPendingApps.pdf.pdf?attredirects=0

    wonder if USCIS received $5K for providing this info :)
    maybe requesting info thru Senators is the way to go, rather than FOIA.
    Would have been nice if they gave break-up by Year, but anyways, some info is better than nothing. Thanks for posting this.





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  • chanduv23
    04-28 01:46 PM
    UN,
    Have there been any updates on this case that you are at liberty to share?

    Thanks in advance.

    Ok, lets not confuse this case with Ability to pay and get worried about that stuff. I spoke to another person who contacted me and is having the same issue. His 140 was revoked 2 years back and at that time he got a NOID and responded in a timely manner and he was fine. Now he has a denial on 485 stating that his 140 was revoked 2 years back.

    This person is neither desi nor did he worked for desi consulting company or had ability to pay issues and has applied for MTR and waiting.

    All that float on internet is "indivisdual prespectives" and "interpretations". So do not think too much about it.

    AC21 guidelines are clear - you can refer to them on DHS website, Ombudsman's page, USCIS website etc....

    From what I have been seeing and as I did a lot of research and continue to do, 140 revocation and 485 denial does have a pattern and this seems to be a procedural or a serious training issue.

    Thats why IV core suggests that we have to collectively gettogether and fix this issue and any other issue.



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  • ras
    07-03 03:25 AM
    Yes. That member and probably other such members are now on other site posting anti-IV posts.....

    It is shameful to have such members among us.

    Anyways, good thread. This site should help people fix the broken system rather than abuse each other or track all day. I hope due to the discussion, people can get some ideas and take action against such employers. IV will be willing to help as needed.

    Wish discussions on this thread leads to some concrete suggestions/steps that one take to counter an abusive employer. and ofcourse IV should take steps to make these employers visible to the whole community so that others will not fall pray to them. Exposing abusive employers to the whole community is the most important thing that could thwart efforts of exploitation by such employers. This sounds some times more effective than than even going legal or to DOL.





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  • va_labor2002
    07-27 10:04 AM
    If you have secure permanent job with a solid Company,it is better to buy a home. I have a well secured job and I bought the house back in 2002. Home prices were less in 2002 compare to 2006.

    But, if you are a consultant or working for a small company ,it may be better to wait till you get GC. But remember one thing, even if you get GC or Citizenship,if you loose your job and have a big mortgage to pay off,you will be in big trouble to make the monthly payment. This is true for even US Citizens !

    But, if you are optimistic and ready to take some risk,you may be making some Good amount of profit in the future ! I was very optimistic and took some risk in 2002 and now I am in a Safer Side ! Think about it

    Buying a house is a risky proposition on H1 specially considering the fact that if one is laid-off and needs to relocate within a short-time then one may end up loosing money. Besides getting into the hasseles of home maintainence is trouble-some and expensive and probably not worth the time and effort if one is uncertain about their future in this country.

    Having said that if an individual is good at taking calculated risks and has a secure job then rewards are truly exceptional. I would rather wait atleast till the time of filling I-485 before making any long-term investments in this country. I know lot of my friends are probably going to do the same.

    Good luck.



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  • santb1975
    03-13 08:52 PM
    I saw that in your earlier posts. Thanks for comming forward


    Sure. Like I stated before, I have been educating people about IV here for quite some time now. Let me know what needs to be done. If you all can share your experiences, I can work on it.





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  • misanthrope
    10-03 11:58 AM
    Did anyone notice that GCTest's only interest was to start a fight between EB2 and EB3 folks.

    See how he opened up a thread and threw a match to light the fire so that everyone starts fighting amongst themselves and he did not post again in his own thread .

    United we stand and divided we fall. This is true since life started and will be true until the end of time.

    I noticed that. May be he/she is stuck in the traffic. :P
    But I used this thread to voice my opinion about various issues.



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  • conchshell
    08-19 02:59 PM
    Thanks so much for the suggestion. How can I have my contact details available without posting it on Public Forum?
    Meantime, please contact me thru PM, if I can be any help.

    May be we can have a section on IV website, where we can list 'handles' of our citizen members. People can PM them when a genuine emergency occurs.





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  • rongch60
    10-29 04:43 PM
    caliguy

    Could you please send me the letter that you sent to Sec. NAPOLITANO-. My e-mail address is rongch60@gmail.com.

    Thank you.

    Ron



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  • trueguy
    08-11 11:26 AM
    Guys,

    Please vote here so we can come up with some Estimates.





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  • spdy_mn
    06-14 01:34 PM
    This is how it works. If you file for your 485 now, the next thing that is expected from you is to wait for the receipt, that would take 3 to 4 weeks. Then you will get finger print notice, that might come in three months time. Once you are done with all this then check the processing date of the respective service centre where you have filed your 485 application.

    Now coming to the question of unmarried filers, if the principal aplicant's date of marriage is beofe his or her 485 adjudication of adjustment of status, there are two ways principal applicant file for 485 for his or her spouse. The spouse can travel to US on H4 and file for 485 or the principal applicant can do consular processing. Now consular processing is good for those cases whosw w PD is current but since retrogression can kick in anytime it is better to travel to US on H4 and file for 485.

    Another important aspect is if you file 485, EAD, Advance Parole and you use EAD, you loose your H1 status, hence on EAD you can not bring in your wife. So unmarried filersn it goes like thisn you go ahead and fileyour 485, then go to your home country brng in your wife on H4n as you have aleast s months of time if NSC, TSC or CSC 485 processing is not current and it is hown 1 month for receipt of 485, three months of time for getting the finger print notice and you can postpone by another month of FP by rescheduling it to another month. So literally you have 4 to 5 months to get married and by that time the dates will retrogress again. So dont worry, just go ahead file your 485 and start looking to get married. But try to bring in your spouse asap so that you can file for your spouses 485 also till the time PD is current. If you are not able to file for 485 for your spouse and you have filed for yourself and whenthe dates retrogresses again when your spouse comed to US you would not be able to use EAD as using EAD nullifies H1 and H4 status. So desi consulting companies will keep on sucking your blood as you cannot change job using EAD. If you need more info on this let me know I have gone through this and waited for almost three years to file for my spouse I resheduled my FP notice in 2004 to get married by the time my wife came retrogression kicked in and waited till June 2007 to file for my wife. My PD june 2002 still waiting


    That explains almost every thing. Thanks so much





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  • pappu
    12-09 01:33 AM
    pls stay in touch. we will try to get your story published. send me your details. Others that have had such experiences pls stay in touch. such compelling stories help us influence masses and lawmakers.





    wellwishergc
    12-16 06:20 AM
    That was a very interesting roller-coaster ride. By the way, if you ever decide to make movies, count on me to watch them:). Your story-telling talent is fabulous.

    Your experience does give hope to lot of us. Thanks for posting. Enjoy your freedom and the holiday season!!!

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





    GCwaitforever
    06-11 11:25 AM
    Very sorry to hear your case. Based on what you said, no one in other cars were disabled or had life threatening injuries. So it is unlikely that the Judge would grant that much money from the Insurance company or you.

    You can always file for bankruptcy if worst situation comes. There is no shame in it in such circumstances.



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