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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?
:) ;) :) ;) :) ;) :) ;) :)
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Dipika
09-17 11:18 AM
Help me Gurus!

we had Infopass appt. IO said your case is pre-adjudicated and under Review. we ask how long will it take to review? He said - doesn't know. can we open SR? He suggested not good to open SR. Reason is they will give same reply - case is under review give us 3 to 6 months. USCIS always tell us to "Not to open SR for Under Review case". Let the petitioner to send latter to request the status directly by sending latter to,
INS Texas Service Center
PO Box 851488 - Dept A
Mesquite
TX 75185 - 1488
.

does any one have sent inquiry latter to this address? is it worthful to send latter there?

One thing is clear that if our app is in "Under Review", means we have to do something to trigger approval. otherwise it will be in Review forever. we had open SR last yeat september and got same reply in May this year. so SR doesn't work.

Please suggest me what step i should take.
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Jerrome
03-13 10:49 AM
If this bulletin is true I guess the guy at this link has predicted properly.

http://immigration-information.com/forums/showthread.php?t=4285
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pani_6
06-12 03:04 PM
lots of EB3 qualify for EB-2 after such a long wait and in the first case they were put into eb3 although they could have gone to eb2...

I cant believe that EB-3 is at 2001 when we are getting to 2009..its really a shame on the system

if this is how they treat people the entire h1b needs to be scrapped or people spend thier decades in slavery working this unpredictable system thinking that they will get in next few months..its like chasing a mirage in the desert....
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GCBy3000
07-19 06:47 PM
http://economictimes.indiatimes.com/articleshow/1779187.cms

With an increasingly ageing population, the EU wants to grab a greater share of Indian professionals who are, at present, more interested in moving to the US. India, on its part, would be asked to bring down its import duties on industrial goods for EU members.
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rheoretro
09-14 09:24 AM
Point 1: We need to target news media here in the US primarily, not abroad. All good publicity is welcome, though. Please see a new thread started today by one of the moderators called "Ideas to increase Publicity of IV." There are key action items outlined there that every member can help out with.

Point 2: What will be shared (and with whom) will be decided soon by the core group. We used to send out regular updates, but that has suffered lately because we are all volunteers and some volunteers who were in charge of it are tied down with other things at work and home.

Point 3: We are already talking to people in academia and the academies.


Point 4: No member is "discounted." All are welcome, but we really need non-paying members to start chipping in money. What people decide to contribute is their business, and entirely theirs. Whether it is $20 or $50 or $100 or $500...that is entirely the call of the individual. This activity is not cheap, rather it requires a steady cash flow. We are obligated under the laws to hire a CPA and everything will be handled and accounted for.

Hi rheoretro,

First of all I commend your and everyone in putting their effort. I totally agree with you that we need more people and money. I think people are first to come and money will automatically follow.

While word-of-mouth is effective we can augment this to get attention using other means:

1. We can persuade news portals to advertise for our cause in a corner that might help us to get more people. Most Indians I know read Indian news everyday. If we can convince e.g., eenadu.net a telugu newspaper, to run ads we can get attention of lot people.

2. Please start selling the current acheivements that are not confidential. Like you might have been successful in persuading a high profile senator about this problem. Put his quotes on our site and also possible grab attention from bloggers.

3. If we can also tap academia who support skilled immigration that would help us. Let us put there studies in our reference section (I am assuming we didn't do this yet). This
makes senator to reference our site and make their lives easy.

4. Please do not discount freewill members who do not have a GC problem but savor
helping others with immigration problem. It could be Americans or Immigrants we'll get them all in.

I think these actions will help us grow our strength. I know it is easy said than done. I will send a mail to rediff and eenadu to put our banner on their frontpage. If anyone has contacts working for these website. That will make it whole lot easier.

-Kishore.
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webm
08-11 11:29 AM
Done..


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EB3-I Oct,2001
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gk_2000
04-22 06:35 PM
Well.. everybody is posting OPINIONS here, so whatever is your point there.
Can you quote the section of the US constitution that prevents discrimination based on "country of origin"?

Thanks for asking this. I found this: Civil Rights Division Home Page (http://www.justice.gov/crt/legalinfo/natorigin.php)

IMO, rather useful in our discussion, though not relating to the constitution. But if you insist, I might point you to the 14th amendment ...

http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitu tion

Read the "Equal protection clause". It mentions this case:
The Court has also struck down redistricting plans in which race was a key consideration. In Shaw v. Reno (1993), the Court prohibited a North Carolina plan aimed at creating majority-black districts to balance historic underrepresentation in the state's congressional delegations

Do you agree that we can draw a direct parallel of this case to our case, where they are segregating visa numbers based on the country of origin?
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saketh555
07-30 06:13 PM
Atleast you are taking a break from immigration.
Try onlinetradingacademy, offcourse they are expensive but heard its worth if you wanna be trader but do DD before making a decision.
I do swing trade and my portfolio consists only biomedical stocks which are around couple of bucks(can't efford more than that):D.
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sc3
08-12 02:09 PM
If you look at the PD progress for EB3 I, the only movement was during March and April 07.
Oct 07 - 22Apr 01
Nov 07 - 22 Apr
.. - 1 May 01
.. - 1 May 01
.. - 8 May 01
.. - 1 Aug 01
.. Oct 01
.. Nov 01
.. Nov 01
and U there after.
if the recapture bill doesnt pass, we are looking at something similar this year too, very little movement. My guess is that EB 2 I is also going to retrogress a bit, simply because of the number of applicants in that category. EB 3 ROW will also see slow movement because of the distribution pattern.

My guess is that it will move a bit more faster than last year. Note that Apr 22 was the hump day (been dealing that that day right through labor certification phase), after that, the movement was steady. The Nov1 showing up twice is due to exhaustion of the numbers. I am expecting a steady march going forward.
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nixstor
03-10 05:23 PM
We are already exploring this route. You might have seen Pappu's response on two strategies we are exploring for break down by category/country of birth for every quarter.

Please ask the person who ever worked with Senator Kyl's office to get in touch with us via PM.

I would like to speak with this person asap to know more about the background behind this effort.
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desi3933
08-19 01:29 PM
Finally I am a US citizen after being 10+ years in this country. This is one of my biggest fulfillments and it means everything to me. US is just not home anymore for me, it is my country.

I wish everyone the best and hope they get GC very soon.

Proud to be an indian-american and legal immigrant.

Good Luck!
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smartboy75
09-30 02:54 AM
What are your priority dates? They may now be working on your GC application.
GK Best

My I-485, I-765, I-131 cheques were encased on 26th Sept and 28th I got the email....My PD is 24 May 2004..EB2 category...
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gc28262
01-19 09:01 AM
I know it hurts , but this was necessary to stop the misuse of H1B program.
The H1B was never meant to be used by Body shoppers.

You drafted this H1B law ?
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Libra
07-15 01:17 AM
I just signed.....
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validIV
03-30 05:42 PM
I never got any LUDs but got a denial on my 485 after going through the AC21/NOID stuff way back in August, 2008.

There could be some background processing going on.

Is there are pattern to these LUDs?

What steps did you take after the NOID on your 485? Just curious in case it happens to me.
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cagedcactus
11-14 01:26 PM
WD, I am with you on this.
Heck, if no one will do it, I will send that letter with different names multiple times.....
Dobbs is not only unfair, he is the ultimate hypocrite. Nothing but an opportunistic Fagg*t.
And if WWJ cares to contact me back and ask me to justify my statement, I am ready to do it.
I am not going to sit on my comfy behind and wait for lunatics like Dobbs to decide what my future will be....
If I go down, I am going to go down swinging.....
I am even going to call the radio and ask the same thing you have put in that letter if they ignore my emails.
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a1b2c3
05-08 08:24 PM
Feedbacks I have received for my post -

http://i39.tinypic.com/2jcvnh5.jpg

Don't worry about what feedback people gave you. People are jealous of you. Understandbly so, because of dates going back all the time. You deserve what you got and you got what you deserve (I mean the citizenship and not the lousy feedback no one should care abt). You have pretty good educational background too.

Now, that you had your sense of fulfillment and wallowed in it, can you share some info with us? :) I asked you a couple of questions, which I would love to get answers to.
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somegchuh
07-31 04:42 PM
Hi Guys,

Considering that we have all spent enough time stuck in the same job for several years it makes sense to prepare for the time if/when we actually get green card.

So I was wondering if anyone here has weighed and compared the cost and benefit of PMP vs MBA. Any thoughts would be helpful.

Take Care
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msp1976
02-01 12:21 PM
Please donot let this thread a self-flogging ritual...
We the H1Bs are the victims of the this system. We did not create this system. It is true that there are social costs associated with this system. Abolishing the system is not the solution. Reform and making the system just is the solution..That is all we are asking for....
Blaming the victim of an atrocity for the atrocity is sheer stupidity....
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kubmilegaGC
09-15 11:10 PM
kubmilegaGC, Thank Q, Infact I have scheduled infopass appointment on Sept 22nd, Which I will cancel it tomorrow, I don't know you have tried the infopass,

Don't miss any opps, Try them all, Good Luck and Best Wishes
wife's SR yielded in a response of "assigned to an officer on 9/11" and my infopass today (9/15) also had the same result....so I guess its a waiting game for us! I tried normal "outside of processing window" method to file SRs but now learnt about getting to directly to talk to IO...will try that tomorrow - I wish I could bug them ay this hour :)
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