Saturday, June 18, 2011

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  • rkanth12
    09-10 12:02 AM
    This is what I got from 4 separate lawyers when I was invoking AC-21. I think everybody should speak to a lawyer before invoking AC-21.

    A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.
    Sanju, I noticed you invoked AC21. Is that correct?
    Please post all your details such as how long you were with your old employer,
    when did u inform uscis about your new employer.
    Was there much difference in ur salary?
    Is your GC approved? Which stage are u in.
    Is ur new employer from same state?
    I know I'm asking so many questions. But always wise to get opinion from experienced person.
    So far in this thread you answerd so many questions. Be little patience and answer the above. Also I missed and you think important to share, please.





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  • John_doe
    05-02 12:54 AM
    I completely agree with what sandy_77. I am going through a similar fate, although i have been in the US for a little less than 5 years.

    I have a MAsters degree from US and been working there for the last 2 years on an approved H1B work permit. So I came to India to get my visa stamp for H1B as my earlier visa (F1) was expired. Life was apparently going smooth till I came to India in december 2007, primarily to get married and also get the visa stamp. But everything has been going downhill since then. I was not issued the visa, and no specific reason was given for this. A pink form 221G was given with instructions to wait and watch! AS if this is some kind of comedy/drama... I have lost my car in the US, forced to sell it at throw away price, will be loosing my apartment this month end and all my personal belongings will be put on an "yard sale" pretty soon. I have been able to hold on to my job, although without pay for all these months, but after 5 months, I am on the verge of being fired.

    I have called both the Chennai US consulate and the Department of State office in Washington DC many times. Neither of them have an inkling of when this process is going to end. They decline to give me any information about my visa processing status other than that it is "pending" and they NEVER tell me how long it is going to take.
    I just wish and pray that they had the least consideration for a perfectly legitimate, legal, hardworking, *tax-paying* non-immigrant worker in USA whose 3 years of hard work at an American Grad-School and 2 years of burgeoning career is at stake due to no perceivable fault on his side. The complete hostility being displayed is simply beyond my comprehension. I just want to know if there is a name-check or security clearance or lack of more documental evidence due to which I am being put through this completely unwarranted state of limbo. I just cannot go on waiting forever for something.


    I think, getting my visa re-stamped has become the most inhuman experience. I received my visa renewal I-797 in January 2008 and since I was visiting India in Feb 2008, I decided to get the remaining period (2 years) of my H1B visa stamped. I was not expecting any trouble since I had received my 2nd visa stamp just last year in March 2007. I thought it was impossible for the visa officer's to not have my information since I have been through the drill two times before. Unfortunately, on the Feb 11th, when I went to get my passport stamped, the Visa Officer started giving out blue handouts (this one is not even listed on the New Delhi embassy website) one after the other and sure enough to me too. She wanted to know what I did (Quality Engineer in a biotech company) and even while I was explaining she started chit chatting and laughing with her superior (I assume). Then she wanted to know about my experience of over 4 years in just three words. I was completely shocked. How could I sum up my experience in 3 words. I gave her my answer but was bluntly told to take the blue handout and send the questionnaire and resume as listed to a given email ID. I did that the next day, having no idea what I was getting into. It has been over 2 and a half months now and till date I have no idea what exactly is my fault and what is happening with my visa. The visa officer kept my and my wife's passports and I-797 form and around march 11th asked for my i-129 and other documents which I promptly gave at the embassy. Every time i have called the embassy or the DOS, I get the same response that the application is pending security check and no more details can be given. They refuse to understand that I have a life and home there and i have to pay my bills. I have lived in US for 8 years now and have also completed my master's there. Every month I have to call the utility companies, insurance company, post office and phone company to know what my bills are and have to pay them. Every two months I have to spend close to Rs 1800 to fedex checks to my friends so that they can pay my rent. I have had to cancel my flight tickets and suffered losses there. I have not even filed my tax returns for the year. My life is thrown completely out of gear and i have no idea how i will pay my rent and bills if my company decides to put me on unpaid leave or just terminates my employment. The consulates refuse to issue even a visitor visa so that we can go to US and dispose off our properties. How inhuman and arrogant can the get? How could we possibly become criminals overnight? How can they expect our employer's to retain us after such long delays (so guys have been stuck for 8 or more months)? Aren't they forcing unemployment unjustly on us without any reason if they cannot find anything wrong with our background later? What national security secrets act is preventing the phone visa specialists from disclosing exactly where we are in the process and what is stopping the progress? There are so many questions that need answers and all of us feel helpless as we continue to witness DOS destroy our credibility, careers, our credit history...almost everything that we have worked so hard to earn. How can they expect to build bridges with the world when they are hurting unjustly so many people (29 pages worth of numbers at delhi website and some 59 pages worth of numbers at the chennai website and God knows how many on other consulates worldwide. I have heard people spending some $5000 every month in Canada. This is horrible and some community organizations and law firms must talk to the DOS/Whitehouse about this issue. National Security is must but there must be better way than playing with the future of so many innocent people (99% most likely of which will have acceptable backgrounds).





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  • chanduv23
    10-26 05:17 PM
    Another news making. Advice to all of Youngster Indians and Indians here by the India's outsourcing chop shop IT messihah Infosys Chief.

    Don't look at IT industry as means to settle abroad: Narayana Murthy - The Economic Times (http://economictimes.indiatimes.com/tech/ites/Dont-look-at-IT-industry-as-means-to-settle-abroad-Murthy/articleshow/6815589.cms)

    Well, what is the point in saying it now, he should have said it in the 90s and early 2000 when industry was booming and people found a career path in coming to the US.
    Right now, so much work is outsourced and it is continuing. Very difficult to get a IT job in US on h1b and IT consulting on h1b also facing so many hurdles. For any new immigrant on a software job who wants to get a h1b visa and green card - it is not an easy task.





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  • Waitingnvain
    07-17 12:22 PM
    I think you might be getting stressed out for no reason vis-a-vis the job market. Most of the people applying (~500k by your estimates) are already on H-1B or L-1. The number of spouses getting EAD is another question.


    Just imagine what will happen to the market flooded with EADs. Job market for H1Bs will totally be down. No US companies will hire H1Bs if they get somebody with an EAD. Tonnes of Junior developers and S/W testers will in the market driving the billing rates down even further. It's better to pack up and leave. I have heard from one of the forums here that an estimated 500K people will file this month since all PDs are current. EB-3 mexico + phillipines togther alone will be close to 300K. God help the Job market.

    Also minimum wait time will be 500K/140K ~ 4 yrs before they get to process your GC. Add to that the time for namecheck backlog 2+ yrs. So total 6+ yrs before getting GC........

    lotr



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  • gc_peshwa
    08-20 01:04 PM
    I can give you my example. 10 years in the US and got greened yesterday. Background -

    B. Tech. from IIT - 1999. Always believed in hard work and dedication.
    2000/2001 - Came to the US
    2003 - Filed labor - RIR - EB3
    2004 - job loss
    2004 - Joined so called fortune 500 company with 15000 + employees and presence in 50 countries. They promised but never filed GC.
    2005 - Filed Canada PR.
    2005 - Quit and joined Desi company. Started GC process on day-1.
    2005- Filed under Perm EB-3 (lawyer screwed). Got approved in 3 months.
    2006 - Filed I-140 got approved in 3 weeks.
    2007 - July Fiasco and filed I-485. Got AP, EAD. Wife started to work.
    2008 - EB-3 sucked so talked to employer to file in EB-2. Desi company did not care as long as I paid for it.
    2009 - Filed labor, got approved in 6 months.
    2009 - Filed EB2 I-140 and requested to re-capture the PD of first labor.
    2009 - I-140 approved, same day saw an LUD on pending I-485. Also, approved I-140 came with A# and EB-3 labor PD.
    2009 - Bought a home.
    2010 - July, dates became current.
    Opened SR, got a response that my case is still in EB3. NSC sucks.
    Asked lawyer to send letter to USCIS. He did, nothing happened.
    Contacted senator and they opened up a congressional request with USCIS.
    Within 2 days, USCIS issued RFE about incomplete medical. It was total BS.
    Contacted doctor and got chest X-Ray and replied RFE.
    Took several Inforpass appointments.
    EAD expired, did everything but could not get renewed on time.
    Did not tell anything to HR about expired EAD, both kept mum and kept working.
    Had fights at DMV to get DL extended.
    Aug-17th, GC got approved.

    Is this all worth it? I do not know. Only reason I joined desi company with 2 employees is that desi company was ready to file GC on day-1. I have seen so called Fortune-xx companies. They lied to me.

    Overall - I am a happy person. Would continue with Desi employer for some more time.

    Now that we have GC, I would like to -
    1. Spend more time with family and not worry about LIN-XXXX numbers.
    2. Think about doing MBA.
    3. Move to a warmer place like CA.

    Good Luck. I would suggest - Talk to your employer and explain your situation. You have nothing to lose.
    Kumar1
    Tremendous story of grit and determination I must say....In fact every one of the EB immigrants story can become a storyline for a great movie :-)





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  • techysingh
    01-17 04:24 PM
    Tired of waiting ( PD: August 2001) I finally wrote to both my local congressman and Senator today. My senator is on senate Immigration commitee so lets see what happens. Hopefully something will move.
    If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.

    Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)
    can you send me a copy of what you wrote so i can also do the same!



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  • boys1729
    04-10 09:57 AM
    I know many Indian students in my uni who have cheated and plagiarized and somehow graduated and then gone to these fraud consultants who applied for their h1-b.
    Last year I knew at least few Desi masters students who were caught for plagiarism and suspended, but those guys/girls went to a desi fraud consultant who applied for their h1-b based on their bachelors while they were doing there their masters (they had no job, nothing) and guess what?.. they got it!
    There are not many desi students at my uni, I have heard these things are very common and happen at a large scale at bigger schools. A lot them of don�t bother to really study because they know would somehow find a job and visa through a bodyshop consultant after they graduate. If these students could do a job, I think anyone in the world could do what they are doing,. no talent or skill is required!
    These bodyshops consultant are just bad for everyone- for deserving students, schools and industries.
    So I think bodyshops consultant should not be allowed to apply for h1-b at least.





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  • belmontboy
    11-25 11:58 PM
    Thanks a million, core team, for the effort!!!!!! As many have already raised the issue, can you please clarify that core does indeed forecast a jump of nearly 3 years for EB-2 India between Jul-10 and Oct-10?

    One possible explanation could be labor market being bad. We could anticipate spillover to be considerably bigger than previous years.



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  • cram
    10-11 12:30 AM
    Does anybody know what is going on with USCIS? I hope it is nothing to be concerned about.





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  • PD_Dec2002
    06-19 03:04 PM
    You would need employee letter as well. The employee letter will state that the position is still open and they are willing the pay the amount that was initially agreed to while filing for labor.....so pay stub is not enough.....

    desi3933 and WillIBLucky:

    My lawyer as well as my wife's lawyer confirmed that an employment letter is not required if using pay stubs. Several posters on this forum have gotten the same information from their lawyers. Anyway, let's not get into a debate on who's correct or incorrect.

    It's a different thing to have the employment letter to make the case stronger (probably), but you will definitely not get a RFE for using the pay stubs. And in "sats123"'s case, this is a less expensive and reliable option.

    Of course, one could argue it's worth paying $5000 if it ensures a smooth adjucation, but then that would depend on the financial situation of the applicant. I cannot comment on that for "sats123".

    Having written all this, please check with your own lawyers and do what they advise.

    Thanks,
    Jayant



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  • abhijitp
    07-08 10:52 AM
    http://www.youtube.com/watch?v=kEpN96P_1LA&NR=1

    I loved it. If I am right, this is posted by an IV core team member.





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  • shamu
    01-13 08:15 PM
    We are not sure of the chronology of events such as your wife's pregnancy, Your job change, your insurance start date. If you guys had individual insurance before your wife's conceiving, insurance cannot deny coverage as pre existing condition. Make sure you put these events in a time line and rule out the possibility of coverage. if you have done so, you have to explore other options.

    As far as changing job is concerned, make sure your job requirement matches the same and similar concept. If you have used AC21, why not use it one more time? Of course, your PD and other personal issues might be stopping you from doing so. But if you are just thinking about using AC21 again, dont worry. Talk to a good attorney and drink the kool aid again.

    The easiest way to get through this is to get under group coverage. I will let you know if there is any way you can sneak into group coverage. but the one I can think right on top of my head is joining an employer with health insurance

    Thank you nixtor.



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  • Green.Tech
    06-27 03:10 PM
    hey guys the main problem with digital cameras was that the images from them could be pixelated whn using a lower megapixel camera and/or printing from one of those home photo printers.

    i think as long as u dont have pixelation, u will be fine no matter how u print/ get those photos.

    i would say use at least a 4 megapixel camera without any flash

    What about a 3.2 MP :)

    Why shouldn't we use the flash?





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  • laborfd
    04-01 11:58 PM
    sent both fax



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  • dsairam
    10-10 05:10 PM
    After folks start getting their EAD, God alone knows how many "New" desi bodyshopper's like this will spring up.

    All those so called "Enterpreneurs" a.k.a desi bodyshoppers...Perhaps if someone started a company that actually makes something rather than just contracting....more jobs, more value...

    I feel everyone of us has the potential to have such a vision...after all isn't this the land of opportunities

    Perhaps it is wise only to dream....

    The desi companies, while their methods may not be employee friendly, also add value in the chain and that is why they exist. So I don't know what you mean by "actually make something".

    And no I don't own or am affiliated to one.





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  • mariner5555
    11-20 06:32 AM
    Giving speedy Green Cards to July Visa bulletin cases will ease the Housing Crisis in US.

    Above statement implies, housing crisis is because of not issuing green cards.

    BTW, I don't have english blood in me ;););)

    your implication is wrong ..you can imply anything from a statement.
    the reason I support the above initiative is because it is the most cost effective approach. immigration will/does help housing since americans already have houses and they have fewer or no kids. so immigrants constitute a sizeable chunk. a person I had met once told me - as long as you make money for yr bosses and managers they will do a lot for you (we were talking about filing for GC's) - with the same approach if you include builders and car dealers - you could get them to support IV. but my view is since our community is so divided and selfish ..nothing will ever happen because of us. whatever good happens will be because of USCIS mistakes or else we will get GC's after the long wait



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  • anilsal
    07-20 11:00 PM
    Please use this thread to track your NSC EADs (e-filed). ****No Paper based filing details here****

    * Please do not ask questions about your case.
    * Only E-Filings should be tracked on this thread. Please use the other tracker threads.
    * Provide details about your filing date, FP notice, FP, RFEs and approval dates here.

    Additionally, do consider the "High Five" Campaign.
    http://immigrationvoice.org/forum/showthread.php?t=20183

    Other Trackers:
    NSC EAD Paper: http://immigrationvoice.org/forum/showthread.php?t=20345 (http://immigrationvoice.org/forum/showthread.php?t=20344)
    TSC EAD E-File: http://immigrationvoice.org/forum/sh...ad.php?t=20346 (http://immigrationvoice.org/forum/showthread.php?t=20346)
    TSC EAD Paper: http://immigrationvoice.org/forum/sh...ad.php?t=20347 (http://immigrationvoice.org/forum/showthread.php?t=20347)

    NSC AP: http://immigrationvoice.org/forum/sh...ad.php?t=20349 (http://immigrationvoice.org/forum/showthread.php?t=20349)
    TSC AP: http://immigrationvoice.org/forum/sh...ad.php?t=20348 (http://immigrationvoice.org/forum/showthread.php?t=20348)





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  • sanbaj
    03-27 11:55 AM
    Thanks Sanbaj. Do you have both applications under same sponsor? Or different sponsor? My case is: both different sponsor and on top of that now I am working for third company using AC21 -EAD. Can any complications arise?
    My case was simple. Same Sponsor. Same Category EB2. You case is complex as three different companies are involved. In my understanding, which is very limited, both the approved I140s are yours to use. Whichever sponsor's I140 is applied to your AOS is that sponsor you should joing after AOS is approved. But, AC21 in your case makes it even more complex. You better get a very (interfiling) experienced lawyer to help you out in your case for just to be on the safe side. There is no point taking so much risk at this stage of this prolonged and painfull process.

    Best of Luck.





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  • webm
    06-05 12:44 PM
    Such thread are not created on this site. Even is not the place, as most applicants do not register with .

    It is also possible that very few visa numbers were available during May for EB-3 India.

    I agree...but sometimes few frequent users share that info here..and i dont see anything for May atleast..





    GCBy3000
    07-27 09:35 PM
    Instead of calling NEB center daily, contribute to IV if you have not already done so. If you done so, update your signature.

    Talked to an io at neb sc.within 5 sec of me starting to talk the ffice interuppted and she apologosed for doing that and said because of huge vol of appli there is a delay in the receipt notice.i SAID I AM july 2 nd filer and she said it might be in the first week of aug..(i had said the same thing in my earlier post too after i spoke toa diff officer)..She asked to keep checking the check clearnace.
    Hope this helps
    Thanks





    Libra
    07-17 09:39 AM
    I refreshed 100 times, but shows june 18th, is there something am missing?

    It is not. You may need to refresh your page.

    https://egov.uscis.gov/cris/jsps/ptimes.jsp

    I wonder people never leave a chance to bully (just because it was my first post)



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