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  • bluekayal
    12-09 01:54 PM
    What an inspiring story. Thank you for wriitng the timeline so carefully. After years of being sad I've joined a gym and I am a happier ..and yes, a slightly thinner person!

    I was up the entire night during the December 05 imbroglio..no more....have to take one day at a time now...


    Enjoy yourself, stay happy.


    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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  • ns33
    09-17 01:20 PM
    any idea when they'll resume?

    on the other note - if this is approved today, what are our realistic chances to get it on floor for vote in both places?





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  • imh1b
    01-21 01:37 PM
    Anti immigration group targets all of the immigration. You can see numbersusa website. There are 2 reasons for the hate towards H1b and L1 program. Fraud and abuse is more in H1b. 20% was found by USCIS. Many fear it could be more. Mainly Indian bodyshopping and consulting companies are main reason. Another reason is many fear that H1b and L1 program is main reason outsourcing. Many big companies laid off US workers and did outsourcing to cut cost and they were asked to give Knowledge transfer to the onsite resources (those who are H1b or L1). Number of jobs in High skilled are very less (may be 2%) compared to low skilled in US. So they think 65k is more in percentage terms. US congress expects that H1b should be used only when no US Workers available. That is the reason there is no support at all at congress to increase H1b Cap. When they put a H1b restriction for TARP companies it was passed uniamously. So if we need EB reform just we need to disassociate or take neutral stand on H1b. They cannot remove H1b as it was with WTO.

    AND WHO ARE YOU MR ANTI-IMMIGRANT?

    Stop coming and posting in disguise. Don't you have anything better to do in life. Go learn some skills and find a real job. If you think your posts will do anything to us, you are mistaken. We will hate you guys more for your xenophobia





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  • qplearn
    09-13 04:10 PM
    A simple Google search on Immigration Voice has in its fourth hit that Washington Post Article...I don't maintain the page that you were looking in.

    Please stop complaining, and stop yelling. Please do something constructive - write that op-ed piece and publish it in The NY Times.

    Thank you.
    This forum is for discussions; nobody is yelling at you. YOU pointed out to thread that linked to the WASH Post article; it turned out to be about illegal immigrants.

    Also, I will definitely write to NY TIMES, but cannot do it on behalf of IV.

    Also, I do not know of your efforts; so how could I trash them? :)



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  • chanduv23
    12-08 11:11 AM
    excellent stuff - everyone must send their stories. Kudos to this thread starter - please keep this thread on top.

    Mods - can we hardwire this thread?





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  • mirage
    03-10 05:29 PM
    Why ??
    PD beyond 2007 July will not be there



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  • walking_dude
    03-13 12:49 PM
    I, for one, am unable to join a state chapter, because , the nearest chapter is 400 miles and 2 states away. What good would it do to me to join something that I can never be part of. I wanted to start a state chapter here in my place, but I couldnt find any useful resources on how to do it. May be eb3_nepa has some reasons like it.

    I was also unable to find a state chapter just a few months back. So I started one. Now we have around 60 members. Someone needs to take the initiative and set the ball rolling. That someone can be you.

    Here's an excellent resource on how to start a state chapter.

    http://anilgeneral.blogspot.com/2007/10/how-to-start-and-maintain-state-chapter.html


    The Admin Fixes letter campaign was a good initiative. But, the target date got moved twice, and now I dont even know when the end date is.


    The end date is the date when the fixes get passed.

    IV moved the target dates to get more letters from members. It paid back richly as thousands more letters were got through the hardwork of volunteers who collected these letters. As pointed by paskal work is in progress on the campaign and more stuff is getting done.



    May be IV should be a top-down organization. Any organization as big as IV would probably be better served with a Top Team. That team could probably elected by the community. I am confident, that most of our members wouldnt even mind spending a few extra bucks to pay a honarary amount to this team for their efforts and time. Then there will be more structure and accountability and action going on around here.


    If you really think you can get someone like Aman Kapoor - who visited DC 18 times last year spending 60k of his personal money - by paying a few extra bucks, be my guest!

    IV is a volunteer organization. Its strength is volunteers who believe in the cause and ready to spend their efforts and money for a cause that benefits not only them, but also the slackers who do nothing and sit on the forum badmouthing/belittling those who do.

    A paid person will not do all that for you for the few extra bucks you are ready to pay.


    I came to know about IV pretty late. When I did learn about IV and joined IV, I was a very enthusiastic participant. Of late, I do believe IV is fading away. I dont see so many activities going on around here. Like eb3_nepa and few others said, IV is right now becoming just another Immigration portal. It is starting to lose its identity.

    After doing all the hard work to gather a mass or like minded people, it will be shameful, if IV drifts away from its stated aim. So, may be it is time for every member, including core members like you to refect upon things and come up with ways to make this organization more transparent and more accessible for people like me.


    Don't judge IV by what's posted on the forum. IV is more than a forum. A lot of action happens off the forum (in fact most of it). Like Morpheus told Neo in Matrix, 'No one can tell you what it is. You need to experience it yourself'. Participating actively in IV activities through state chapters is the only way to know all IV activities happening.

    It will never get posted here in a forum full of anti-immigrant trolls. IV is transparent in its finances as it gets audited as a tax-exempt organization and held accountable to its expenses. Transparency is bi-directional. IV expects its members seeking updates to be transparent too (by providing complete contact details and valid E-mail ids). When a large number of members aren't transparent themselves, asking IV to be transparent is a moot point.



    Like Waldenpond said, it is probably not wise to list all the items going on in the portal. The work around to that would be, we can add another membership type which is more restrictive. This membership group will have only members whose identities have been verified. Once this group is created, IV can post all the happenings accessible to them. This will help people like me who are unable to be part of any state chapter to know what is happening at IV. Keep our sprits high.



    Sorry to be blunt here. IVs aim is to motivate members to participate in the activities and achieve the goal. Keeping spirits high for everyone is not a part of the deal.

    Creation of such a value-added paid membership was discussed earlier. Most of the IV members don't want it. So it didn't happen.





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  • ak27
    06-14 12:04 PM
    I am not sure whether it is name check or something else. Service rep at infopass told me background check has not come back. I have another appointment on Wed and will try to find out which part of background check is pending. Is there anything IV can help me if it happens to name check?



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  • Abhinaym
    09-17 01:12 PM
    Instead of having chinese,, they can have the indian food, with kabobs, tandorri chicken and naan.. that might wet their appetite for HR5882.. cheers

    Why don't IV lobbysts take them to nicest Indian cuisine in DC?

    Decent Indian restaurants in DC?? Are you kidding me? :p





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  • pansworld
    12-03 04:50 PM
    One of the approaches can be for state chapters to be involved and solicit donations from local members. I liked the idea for donations from immigrants who have already obtained green cards and online ADS from google as long as we do not overdo it. I am leaning more towards funding drives. For reasons that people in the process understand better than I do, I agree that the amounts cannot be disclosed. Hence it would be nice to have offline discussions or discussions on PMs on targets between state chapter members.

    I for one am not for monthly payments or memberships. That just makes for exclusive organization and we want to be more inclusive.

    I also had another important question we need to ask ourselves. Do we want to solicit funding or donations or participation? They are two very different things. Participation is not limited to monetary involvement but can include time and ability (designing banners, websites, writing letters et al.) donation.

    Cheers



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  • ps57002
    12-01 06:56 PM
    how about being a monthly charge of some amount to be members who can post/respond. Others can read but not post. This way you will know exactly how many paid members you have and amount you can expect monthly





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  • wawa
    09-30 01:28 AM
    What are your priority dates? They may now be working on your GC application.

    I've already got my GC approved in Feb. 2007.



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  • sc3
    09-17 01:46 PM
    People walking in... if there is a 3PM deadline.. they are cutting it very close here.





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  • pappu
    04-19 01:51 PM
    long time back I had posted something on ability to pay. look into the archives. Are you currently employed with this company?what is your current wage? what is the size of the company? how long has the company been in business? what has been the income in the past few years? how much cash do they have in bank? Do they have any external funding? how well do you know the owner? How many people have filed for GC in your company?

    Ability to pay is a complicated issue to be answered without knowing all the details. Remember all the data needs to be fully legal (your small time employer should not be saving taxes by using tactics that help him financially but are not right thing to do) and correct and your employer should be willing to help you with all the information. This issue is not difficult to solve. With the help of a good lawyer who knows about the intricacies of ability to pay and takes active interest in your case and a good experienced CPA you can easily overcome it.



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  • vikki76
    11-04 02:25 PM
    leoindiano: if they are saying that numbers are consolidated- then they must be..now just for endless wait..





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  • visa_reval
    04-08 02:35 PM
    Received soft luds for wife and son on the 3rd, 4th and 6th of this month. No lud for my app. wonder what's going on.



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  • little_willy
    08-12 07:13 PM
    Based on this poll, anybody with PD of Jun2002 onwards should consider Porting to EB2.

    Any thoughts?
    It won't help, if everyone starts porting, EB-2 queue will face a similar situation. Porting doesn't happen soon either. With delays in I-140 processing, it may be close to 2 years before you could file for a fresh I-485 with a request to port the EB-3 priority date. Note, this is a grey area and doesn't guarantee you the old PD. If the company is willing to foot the bill, go for it or else IMO it is not worth spending your own money.

    Legislative or Administrative fix is our best option. We should focus on the recapture bill and other initiatives by IV, contribute and participate in the action items. We, as a community should raise enough money for lobbying etc.,





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  • zCool
    02-27 04:04 PM
    Not wrong.. I said it's "being" cancelled..
    No one knows for sure what the final rule is likely to be. Chances are anyone who doesn't have approved petition may be rejected once substitution is cancelled.
    People sometimes don't want to believe bad news.. and this is what is going on with some desi employers and immigration lawyers..
    but all signs are it's gonna happen and very soon.. maybe March 1st. I myself struggled and decided against someone who offered me in past 1 month.





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  • snathan
    04-26 03:13 PM
    http://www.businessweek.com/bwdaily/dnflash/content/apr2009/db20090423_219068.htm

    But advocates for skilled immigrants�many of whom remain stuck for years on H-1Bs waiting in the long queue for permanent residency�worry that the bill is a political maneuver rather than an earnest effort at reform. Aman Kapoor, president of the skilled immigrant advocate group Immigration Voice, says that a more effective bill would ensure H-1B visa workers are on a level playing field with U.S. workers. "Skilled immigrants on H-1Bs don't get the same rights and protections as everyone else," says Kapoor. "So wouldn't the solution be to empower and enable the skilled immigrants on H-1Bs such that�skilled immigrants on H-1s have adequate protections so that no one can take advantage of [them]? But no one wants to talk about protections for skilled immigrants."

    I posted my commnets on thiss....did you.





    prinive
    03-13 10:37 AM
    Thanks ... Yes I guess so...

    Good luck - Guess u r through





    kbsyed61
    03-30 03:10 PM
    My wife got RFE within 2 business day of soft LUD.

    Just a caution, unless your application requires RFE, don't expect RFE after LUDs.



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