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  • Macaca
    08-31 05:46 PM
    There is a blog attached to this article. Please follow up. Already, there are 72 comments.

    On an unrelated note, my explorer dies on IV's new (since yesterday) home page. Some other explorer's work fine. How can I fix it? Thanks!





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  • AUG2005GC
    08-22 12:02 AM
    I was able to successfully port my EB3 to EB2 and received my GC last month. I am working for a mid-size American consulting firm. My background is Bachelors in Computers from India and did Masters in Computers from US.

    I filed my EB3 labor in AUG 2005 and got both labor and I140 approved in two months.
    Filed 485 in July 2007 & got EAD/AP.

    Went to my Employer and requested them to either refile my application for EB2 or I will have to resign. Since I was already working as PM, it was easy for my Employer to file for EB2 for PM position.

    Filed EB2 labor in March 2009, Got approved in Jan 2010
    Got EB2 I140 approved in March 2010
    Late March Case transferred to Local Office.
    Personal Interview in May 2010 - IO was not sure why i was called for interview. No Questions asked and told to wait till date gets current.
    Date got current in July.
    - Call multiple times 800 number only standard response
    - Went to local office and request update. IO told to wait for a week. 2 days later on 14th July got my GC approved.

    I believe even if you get your GC 6 months early by porting dates, its worth it. I hope my story helps you.

    Best Luck!





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  • matreen
    08-15 04:35 PM
    In the letter from the new employer include the following (start date, title, job description, salary and position type):

    This letter is to verify that Mr. Cool Dude (SSN: ) has been employed by our company as a full-time employee. He has been working with us since Oct 32, 1666 as a Full Time Gamer.

    Mr. Dude's primary job duties include:

    Put Bulletized description here


    Mr. Dude is compensated with an annual salary of $xxx,xxx. The postion is for permanent at will employment and we have continued interest in employing Mr. Dude.

    I trust that this letter would assist Mr. and Mrs. Dude in adjusting their status to a permanent resident as soon as possible. If you have any questions, please do not hesitate to contact me.


    Sincerely,

    Joe Employer

    As far as docs are concerned add the following with the EVL:

    Your covering letter
    AC21 Yates Memo
    3 latest paystubs
    I-485 receipt

    that would be it ;)


    Is there a way you can get me a sample letter from employer?





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  • LostInGCProcess
    10-29 02:28 PM
    If you are replaceable then you have false claimed in your application that no American is available for your job. It defeats your H1B and Green card application. America invites H1Bs and gives them greencards not because they are paying taxes but because employers prove no american is available for our job and we have unique skills for job. 'Best and Brightest' is we are and USA needs us. Without us the economy will be more bad.

    You must be dumb. Did you read the whole sentence and if you cannot comprehend what I am trying to say, you must be incapable of understanding it. I said in TODAYS WORLD. The world is changing very fast. GC process takes 10 years now.
    I am sure whatever technology you are working on, there are 100 more people capable of filling that position as of now. So, even your so called skilled position can be filled within few days. USCIS interprets even today, what the conditions were at the time of filing. Not what the current job/wage or labor market conditions are.



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  • antony
    03-26 07:18 PM
    Things are getting worse day by day....I wonder when are they going to start treating us as fugitives





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  • mariusp
    02-20 06:40 PM
    I read the document and here's what I think is the important part:

    In a subset of these
    case, the FBI name check request that been pending for more than 180 days.

    This means that only a part of those 47k applications are pending for more than 180 days. This doesn't say they will approve 47k in March.

    Why mid March? Well that's the time of the month when the VB will be published so I'm curious to see how the April VB will look like.



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  • sixpockets
    07-02 04:59 PM
    Medical exam = $400
    Birth certificate=$100
    Cancelled trip to India = $600 (me + wife)
    Postage = $200
    Lawyers fee + Filing fee = $6000 (me+wife) paid by company, wont pay next time.
    Mental harrasment = no formula to calculate
    Impact on career = massive





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  • desijackass
    04-09 11:31 AM
    Same here, fraud bodyshop consultants make life miserable for genuine applicants and also give a bad name to the H1B process. It's more like an easy ticket to come to the US as opposed to being qualified for a job. I wonder what people think , that life gets better once you start with fraud??



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  • JunRN
    12-20 01:37 PM
    I agree with you. It's not required by law to file any AC21 papers so the USCIS cannot do much. Also, the green card cannot be revoked after 5 years so by the time you apply for citizenship, the USCIS cannot do anything bad to you. Worst case, they will ask about it during the citizenship interview so it's a good idea to keep your employment offer handy. But it's very unlikely and I really doubt they can deny your citizenship based on this. That's why I see no drawbacks in not filing AC21 and no benefits in filing it if you know that I-140 won't be withdrawn. My advice would be to take an employment letter from current employer and keep it in case the USCIS asks for it. There is no need to cause troubles for yourself by letting the USCIS know about it.


    There are so many things not required by law but you have to do which if you did not do is fraud or lie by ommision. Any material change to your case which could affect the decision of USCIS in awarding you with GC should be reported and USCIS "expects" us to do that.

    I am telling all of you, there is a similar case on going right now. A couple apply for citizenship and got denied because of the discovery of fraud on their GC process. They are now in "removal proceedings".





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  • ronnie0479
    07-27 09:33 PM
    the pattern analysis is wrong.

    the links to 13th & 27th are not working, only 06th & 20th are.

    so, its every other friday, so it will be posted on Aug3rd.


    btw, thats so funny about 'dead meat on finger... and concern about finger print...' great stuff i was LOL...

    S

    USCIS released Receipting update on 13th too its just that the link provided is wrong, the correct link for the 13th is as follows
    http://www.uscis.gov/files/pressrelease/ReceiptingTimes071307.pdf



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  • bestia
    01-26 10:30 PM
    Here it is
    http://www.news.com/2100-1017-255994.html

    Yeap, that's what I was talking about. Thanks.

    ...
    Looking back, I should've sued the company because it did not pay me full salary for the first month while I was on the "bench" (searching for a contract). ...


    lol, back than (speaking about myself - can't speak for everybody) I was naive. It is now we grew big teeth and became half-lawyers :)





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  • diptam
    08-15 12:43 PM
    Some peoples think that they are the smartest world has ever Produced.

    When you go for Fedex/USPS Express they takes your Name, Current Address in a page which has Pointer to the TRACKING NO. 1 copy comes to you , 1 copy goes out with Package and 1 Copy gets saved with FEDEX/USPS.

    The 3rd copy above is sufficient to straightout any "Potential Liars" :mad:

    People can show someone elses fedex receipt and claim that they too mailed their application. How can USCIS find out which fedex receipt is for what application?



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  • reddysn
    05-29 06:15 PM
    ramus you got good sense of humor man ....I could not stop laughing ..

    After reading this I am not sure if I can ask you send web-fax..
    Thanks.





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  • GCOP
    04-20 12:40 PM
    Friends,
    The previous post has a very good draft, but in addition, we should add recapture of unused visas. Let's hope for the best. Thanks



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  • ilikekilo
    09-19 07:32 PM
    any idea how many came to the rally?





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  • gcseeker2002
    01-13 05:04 PM
    Hey gcseeker2002, after 300+ postings also how can you post such a thing.

    This is new rule implemented and by thinking you as senior if someone goes and faces problem will you be responsible. So please don't do this boss.


    To All Who believe no need to have valid VISA while going back to India or their country.
    This is email got from German Consulate at Washington DC to my collegue.


    German Cosulate Rep at DC: You wrote that your visa for the United States already expired in September 2010. Therefore you do not fall under Exception Nr. 2. This exception is meant for persons travelling to the US holding a valid US-visa (e.g. a visitors visa with one entry) on their way travelling to the US (Exception 1) and travelling back to their home country during the validity dates of this same visa, but already having used it for entering the US (Exception2) . I hope this clarifies your additional question. I suggest that you apply for an Airport Transit Visa as soon as possible to avoid any problems when travelling back to India via Frankfurt airport.

    vishwak, dont consider my seniority by number of posts. As is I am going through so much injustice in life, having spent 12 years in this country and still waiting for GC bcos of this stupid EB3 mess, and now the germans decide to harrass me by asking for transit visa ? Not that I dont want to follow rules, but after spending 12 years waiting for GC, I am glad that I broke atleast one rule, of travelling through frankfurt to and from india without the damned transit visa. Of course I was travelling alone, and my family was not travelling , and hence I could risk it out. This does in no way prevent anybody in this forum or the world from not getting transit visa and continue to be opressed by the germans. Folks, I have just told my experience, rest is upto you if you want to get the transit visa .



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  • adibhatla
    02-19 04:41 PM
    Just a small addition to your point 4.

    MTR allows you to work. Usually an MTR is supposed to be filed within 33 days after you have recieved your denial. As soon as the USCIS recieves your MTR (which is your I290B form), they issue a notice number. This number allows you to work. The only time you are not technically allowed to work is the time since you recieved the denial notice till you recieve your I290B notice number.

    1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).

    2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.

    3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.

    4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.

    5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.

    6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.

    Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.

    But life goes on...





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  • 140jibjab
    05-15 05:13 PM
    Deals net, I was wrongly implicated in the case.!! If the wife/girlfriend wants to screw you they can say anything to the police!! She wanted me out of her life because she was having a affair!! and She brught the police when I showed her the evidence!! I guess You do not have a wife/girl like that in your life.

    I pleaded guilty to save my career!!.

    Sometimes wrong people get into your life and you have to deal with the consequence!! This situation can happen to anyone who dont watch out for people who walk into your life!!

    In my pevious post I did not want to mention / wash the dirty Linens in Public. but your Why help(without knowing the details)! attitude made me write this. Hope you do not Prejudge people in your life, and since this could happen to you !! just remember my words.

    Love and respect!





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  • lp2007
    11-10 03:21 PM
    I haven't got my FP either, No SR opened.
    My case was transferred from California to Nebraska. My lawyer said that could be the reason for the delay

    PD: 05-Dec-2002





    lazycis
    01-26 09:07 PM
    Nice story :) I had a clause in my first contract that I had to work for a company at least for 6 months or I will have to reimburse all H1B-related expenses. Well, I left the company and when the company's president called me, just told him to get lost. Never heard from him again. Looking back, I should've sued the company because it did not pay me full salary for the first month while I was on the "bench" (searching for a contract). Well, I am just too lazy :)





    dummgelauft
    12-07 12:53 PM
    Here is my timeline:

    Filing : Paper Filed
    Mailed: 9/27/2010
    Rec'd at NSC: 9/29/2010
    Document Mailed" Email Rec'd: 02/12/2010
    I-131 Received in Mail: 05/12/2010

    So, from the time they received it to time time it took for me to receive the document is 66 days..not bad at all, considering what some other poor folks are going through.

    There are other guys here at work whose time line is nearly same as mine, give or take a week. One fellow got his in 50 days. He has travel coing up in the last week on Dec, so he had called to check on his application. During the call he mentioned travel in last week of December. He got the approval email later that day.

    My AP got done in time but the EAD was huge headache. God bless our local sentor, who was able to get my EAD expedited, hence was able to avoid the scary job loss scenario.

    While it seems like consipracy theory, but I do believe that all these delays are intentional, squarely aimed at making the lives of to-be immigrants so miserable that that they have no choice but to leave.