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  • shortchanged
    07-19 09:15 PM
    Did you keep new filing fee also? When I spoke to custumer service by 800 number call, she said you have to keep new check and original sealed medical along with duplicat filing.Wish you all the best!

    Same as me :D but for the fact that I sent in mine without medical. What do you guys think the chances are of USCIS sending an RFE instead of rejecting the application outright?

    Btw..I did "re-file" with completed medical yesterday. I am just hoping they accept my July 2 app. to avail, if any, advantages of RD.





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  • mirchiseth
    10-09 02:05 PM
    Hi All

    I have been following this thread for the last few days and wanted to share some info. Hoping it would be useful.

    I entered the country in Jan 08 using the AP while I was still working for my GC sponsoring employer. Then in June 08 I joined another employer by transferring my H1B to the new employer. I did have the option of using EAD but I wasn't sure if the renewal will come before the expiry of current EAD. So decided to transfer H1 and my new employer graciously agreed to it.

    We did a premium transfer so got the approval in 2 weeks. Money does wonders (Almost like the proverbial paper weight with files). I confirm that the I94# number on I797 approval notice is same as the I94# number I got when entering the country in Jan 08.

    So this should be a good news for folks who are trying to do the same. I am in a different boat right now. I have to travel to India this November. I plan to return using AP. But now my employer is different from my GC sponsoring employer. Another issue is that I am going only for two weeks while my wife will be in India till Mid Jan. So we will enter US separately using AP. Please share your thoughts if you have been in this situation.





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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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  • surendraz
    06-15 06:22 PM
    Thanks for the information sharing that has been triggered by the marvelous move by INS by making the dates current....

    This may be a rudimentary question, before I ask this Q to my attorney, I wanted to get some information from the public who are in the same boat as I am...

    My PD is Dec 2005. I have 2 more years of valid H1B visa time.

    Lets assume that I apply for my 485 in a month or two and that I get my EAD by november. I hunt for my "right" partner and get married after november and I plan to get bring her to US of A... here are my Q's

    1) Is my H1 going to be valid after I get my EAD approved?
    2) Do I "have" to use my EAD card and discard my H1 at all? Can I travel back and forth to India on my H1 even after I have my EAD?

    3) Suppose that I bring my wife on a valid H4 through my H1 (even though I have my EAD - I am assuming that for question #1 & #2, the answer is 'YES')
    I can file her I485 as long as the dates are current (or current to my PD atleast). Now, in a case if the dates are not current, I can still have my H1 in a valid state so that my wife's status is not in jeopardy.... Now the big question is .... if my I485 gets approved without my priority dates getting current to my PD, what would be status of my wife?? Can this ever be possible?


    The gist of all my Q's is... can I maintain my H1 status and use that to bring my wife on H4 even though I have my EAD approved? Does having a EAD card pose any additional queries at port of entry and the american consulate when I apply for H4???



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  • abhijitp
    12-03 06:34 PM
    Hi Abhijitp,

    I already did a one time contribution of 100$. But they are saying about recurring small contributions.

    You didn't get my point. I was saying there is no way any user can donate 10$/ month in recurring way..

    Let me know so that i can explain again in detail.

    Thanks,
    Kris
    Thanks for your contribution.

    Right, IV is not officially promoting this, and rightly so... every contributing member will then sign up for $10 a month, everyone else will complain about why it is not $5 a month.

    What I meant is, if someone wants to contribute $60 over 6 months, they can do it rightaway. Just paypal it to donations at immigrationvoice.org, then remember to do it again after 6 months.

    Why wait for IV to lay the red carpet, when you can walk in right now?

    If there is the WILL, there is a way. But if you decide to wait for some scheme to sign up thousands of $10 contributors, then the day WILL never come.

    This is not targetted to you, but this is for anyone & everyone who has been "considering" contributing for the last seveal weeks/months/years thinking about it everyday over a $2.5 cafe latte.





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  • like_watching_paint_dry
    04-28 12:06 AM
    Dang! I need to hire a secretary to track all the stuff that N-400 needs :(



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  • purgan
    08-14 05:29 PM
    IV, please either change the title to "Plight of EB3 INDIA" or close this nonsensical thread.





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  • a_paul1
    04-02 08:41 PM
    1. Employer gave documentary evidence of a valid job for the candidate to secure H1B visa. The question of calling or not calling the candidate to come to US does not arise. The employer, by petitioning USCIS, admited that he wants to employ the candidate in US. The candidate does not need any further letter to come to US. All the required documents are already with the candidate when he goes for stamping.

    Hence, it is valid for the candidate to come to US by presenting documentation.

    1.1 Exception: If the Employer proactively cancels the H1B that changes everything, which I believe is not the situation here. (The candidate wouldn't even be able to enter US in that case.). Unless, the H1B is canceled, the employer is on the hook and not the candidate.

    2. Payment for visa by candidate is not fraud on the part of the candidate if he had no intention. Although ignorance of the law is almost never an excuse, this is a grey area really. The candidate might have paid to the employer and not to USCIS for the petition. The actual responsibility to not take payment lies with the employer. My opinion: Candidate will not be held liable for this.

    3. If Employer fails to provide paystubs or fails to put him on payroll, he is on the hook. He is liable for full wages as long as he does not cancel H1b (unless the H1B is transferred of course). He is also liable to pay return fare to the candidate.

    IMHO, the candidate is cool. No issue. Go ahead with your complaint to DOL. Good luck to you. Come back to work for a genuine employer with a new stamp.



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  • PlainSpeak
    04-20 12:03 PM
    May be that is the reason you took offense when people commented on Bcom thing. An MBA is valuable only if your bachelors degree is valuable. Many people have this wrong notion that it does not matter what you have in your bachelors, if you get an MBA everything is all set. Companies need engineer + MBA combination. Very few companies hire MBAs for accounting work. DOn't confuse accounting with finance, they are different. I can tell you that for sure, as i work in finance.

    Contents of MBA also matter, most people take easy way out by taking all bluff management, marketing and strategy courses. Very few take the hardcore finance courses such as derivatives, fixed income, and valuations (these courses could differ in level of difficulty based on school).

    Can someone please give a GC immediately to getgreensoon1 so that he can get off this forum for good and not talk BS anymore :D





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  • junkoo
    03-09 02:19 PM
    i agree with ash0210...there is a lot of "money" discussion going on lately.

    The idea should be to convert thus-far-non-contributors to contributors - not to make closed forums - you wont expand the market that way. The 3 month trial idea is a good one - but people will find ways to abuse it also.

    PS: I am a monthly contributor.



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  • abhijitp
    12-03 01:35 PM
    Is this a legal option for a non profit? If so, I suggest we go for it!

    Here is one scheme I have been thinking about:
    1. Every week members donate any amount they like over paypal
    2. At the end of the week one of them is selected and refunded 2 times his contribution amount
    3. To make things interesting and ensure the scheme "helps" and not "hurts" IV: Change the selection process every once in a while e.g. One week you select the user who has donated an "average" amount, but next week you select the "highest" donor, in the 3rd week you select the "5th" name in the donor's list irrespective of his amount, and so on.

    e.g.
    consider the following players/amounts in a given week:
    user1: $20
    user2: $100
    user3: $10
    user4: $45
    user5: $25
    user6: $50
    user7: $25
    user8: $5
    user9: $10
    user10: $100
    ________
    Total: $390
    Divide by 10 users: $39
    This week's selection process: Select the "average" donor.
    Who donated an amount closest to the average? : user4 ($45)
    Therefore, refund user4 for $90

    What IV received in the process: $390- $90 = $300

    The other BIG question is: what incentive do people then have to sign up for monthly contributions, which is clearly the preferred way of contributing as it helps in planning and budgeting? The answer would probably be "bigger" prizes for those who sign up for monthly contributions!

    Of course... if only people realize there can be no greater incentive than receiving your Green Card sooner/ being able to apply for AOS any time after LC/PERM stage is cleared.... we would not have to care about all these fancy ideas!

    Too bad people can't see what is "2+2" until it is shown as 2*2*2 - 2^2!





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  • Law Loving Alien
    03-12 08:11 PM
    Hello All,

    How long does it take for decision after NSC has recieved I140 RFE response. My RFE was for my Employer Ability to pay i.e tax and bank documents etc.
    Please see my details in the signature.

    Is it worthwhile to convert my I140 to PP ? Will this expediete the whole process ? My I-140/I-485 are already current and NSC processing date mentions that they are already processing cases filed after me....

    Any advice or suggestions would be greatly apprcieted.

    Thanks,
    Law Love Alien
    Labor approved: March 2006
    I-140/I-485/EAD Reciept Date: June 23, 2006 ( Filled Concurently in EB2)
    I-140 : LUD on June 27, 2006, Aug 12, 2006
    I-140 RFE issued on: Dec 18, 2006
    I-140 RFE recieved by USCIS on: March 8, 2007
    Fingerprinting Code 3 done: July 20, 2006
    EAD approved: July 27, 2006 ( card recieved on July 31, 2006)
    AP I-131: Reciept Date: Sep 22, 2006, LUD on Sep 27, 2006, AD Dec 11, 2006
    I-485: LUD on June 27, 2006, July 20, 2006, July 21, 2006
    Processing Center: Nebraska
    Country: one of NON RETROGESSED COUNTRY



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  • caliguy
    10-27 02:02 PM
    Thank you @ fatjoe.

    Sure, will let you know as soon as I get the cards.

    Congrats again cali.
    I could understand how much anxious and desparate you were. I guess you were the only one to try numerous ways to stand up for your right. I greatly appreciate your perseverence. Update us, when you get your card on hand.





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  • prioritydate
    10-04 02:24 PM
    EB2 india/china... see this..

    http://immigrationvoice.org/forum/showthread.php?t=21828
    and then see this
    http://immigrationvoice.org/forum/showthread.php?t=21833

    ab bajao ghanti... aur chup chap baithe raho
    (translation: sit there like a paraplegic in the line and do nothing ... while a massive line jumping is in process... you will keep seeing while all these EB3 "bodyshopped consultants" will continue to slowly port their PDs and get approved ahead of you.. EB2 I/C is in for a really really long wait.
    Honestly, these consultants don't even have an H1B worthy job: its not a permanent job offer. They don't get paid fulltime. Let alone their eligibility for a GC ....what a scam!

    We need to let uscis know and audit all current and past approved cases from these consultants)

    FYI ...With support from a few people .. we are in the process of filing a Direct injunction for stoppage and immediate audit of interfiled/approved cases. But more support would be appreciated.

    Are you sadist or something? Why you are wishing to audit approved cases?



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  • Macaca
    11-20 12:08 PM
    They keep repeating discredited theories and lies ad-nauseum until the opposition tires out and gives in
    Border security is a good example of this!

    Based on articles in News Article Thread, border security will not be effective. Some quotes from Don't fence them in (http://immigrationvoice.org/forum/showpost.php?p=187144&postcount=1324) By Rub�n Mart�nez | LA Times, October 17, 2007

    The Great Wall of America underscores a delusional faith in technology as the only solution to a problem that has nothing to do with technology. Ultimately, such Ozymandian monuments say more about the minds that conceived them than any "enemies" they actually contain. Think of the grandiose barriers of history -- the walls of Troy and China and Berlin; the wall that kept the Jews in the Warsaw Ghetto. Think of their fate, their ultimate symbolism. Each began with the idea that people -- and their ideas -- could be restrained by barriers, just like rivers can be dammed. A simple feat of engineering.

    And yet we believe that our wall will be the exception.

    Homeland Security Secretary Michael Chertoff has done his best to dress up the beast.
    It will not work, because not even the greatest engineers can make a mad idea sane.

    The following (from The Border Boondoggle (http://immigrationvoice.org/forum/showpost.php?p=158814&postcount=1026) By Andrew Cockburn | Washington Post, September 2, 2007) is about cost effectiveness of border security.

    These are that system's immutable laws:

    The "threat," as portrayed to the public, always increases in direct proportion to the amount of money lavished on confronting it, and
    every extra dollar appropriated for this purpose brings a progressively less effective counter to the threat, thus requiring that even more money be spent. Meanwhile, reality -- the scope and shape of whatever threat is being pressed into service -- is usually at sharp variance with the official picture, which leads to:
    The "other side" can usually be maneuvered to react in a way that justifies further efforts on our part.

    Given such deficiencies, it seems safe to assume that, $30 billion and more from now, migrants will still be sneaking in to mow our lawns and clean our discount stores, and that this ongoing threat will ensure ever-expanding rounds of spending. That's what "militarization of the border" is all about.

    Lou DoGGs has been ranting on Border Security for 1+ year. He has convinced people; I also believed him before reading these articles. These people are forcing lawmakers (who know very well that Border Securty will not work). That is why Kennedy had a large unskilled worker visa quota: less motivation for coming in illegally.

    In CIR, border security and amnesty were together. Now border security is before amnesty with the hope that there will be NO amnsety.

    This is the influence of Lou DoGGs!





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  • Vexir
    05-31 08:52 PM
    My entry, thought I'd do an abstract :)

    Scroll down for it.



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  • zdong
    07-18 09:17 AM
    Date Delivered To USCIS: July 2
    Service Center: NSC
    Rejected: Dont Know





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  • hpandey
    08-19 04:44 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!


    Congrats buddy ! Its quite ironic that there are some people who filed a few months here or there from your PD in 2000/2001 and are still waiting for their GC and I know a few people who filed for GC in 2003/2004 and got it in 2005.

    The odds of getting lucky with USCIS are worse than hitting the jackpot .

    Best of luck to you .





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  • needhelp!
    11-28 01:42 PM
    Is there a way to listen to the show online?





    gk_2000
    04-22 01:00 PM
    Can't agree less with you pappu:)

    more, not less..

    red, welcome. (I know I will get this whenever I correct anyone)





    java4yogi
    08-15 08:15 PM
    done.

    You can also see this separate thread if things move forward slightly.

    http://immigrationvoice.org/forum/showthread.php?p=278068#post278068



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