sandy_77
04-24 03:01 PM
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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lazycis
12-20 02:10 PM
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".
If it's not required by law, no court will find you guilty. I am sure the case you are talking about is not employment-based portability case.
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".
If it's not required by law, no court will find you guilty. I am sure the case you are talking about is not employment-based portability case.
aachoo
02-13 10:08 PM
Not related to this thread but I did not want to open a new thread for this question..
As you can see I am EB2-I (info above) and am waiting in line for my turn but I am just wondering if L1 route to GC is quicker? If so then how?
Not that I am trying to do it because I can not :) but I know someone who just got his GC via L1 in matter of months and here we all EB guys are waiting..
Thanks.
I know people (Indian) who have applied for EB1 after being in L1 for a couple of years and got the GC in 6 months. There is a category for International Manager (or something similar) that qualifies them for EB1.
-a
As you can see I am EB2-I (info above) and am waiting in line for my turn but I am just wondering if L1 route to GC is quicker? If so then how?
Not that I am trying to do it because I can not :) but I know someone who just got his GC via L1 in matter of months and here we all EB guys are waiting..
Thanks.
I know people (Indian) who have applied for EB1 after being in L1 for a couple of years and got the GC in 6 months. There is a category for International Manager (or something similar) that qualifies them for EB1.
-a
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sujan_vatrapu
11-03 08:39 AM
As was said somewhere else on this forum, "lets take care of the foreigners first and then take care of the dying!" Sounds - what's the word - logical!
lets stop this rhetoric on repubs, what about bobby jindal, marco rubio & nick haley and plz don't give explanations to distort the reality, many in the republicans sincerely support legal immigration, tell me few good things dems did to legal immigrants, aint regan the one who gave amnesty to illegals in 80s, aint bush the one who tried more than once to pass CIR, who opposed h1b fee increase recently?
lets stop this rhetoric on repubs, what about bobby jindal, marco rubio & nick haley and plz don't give explanations to distort the reality, many in the republicans sincerely support legal immigration, tell me few good things dems did to legal immigrants, aint regan the one who gave amnesty to illegals in 80s, aint bush the one who tried more than once to pass CIR, who opposed h1b fee increase recently?
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nixstor
01-13 06:07 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
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
easygoer
12-04 10:59 AM
Depending on the education requirement on the labor certificate and how the lawyer responds and how your evaluatoin is done, you could have an excellent chance. I am an evaluator and we have had most MTR's approved with a 3+2 or 3+3. There is a good deal of documentation on your side. I will be happy to examine your documents if you have not yet filed and do a no charge analysis. Anyone with an RFE or Denial based on education can go to www.cciFree.com/ and fill it out and send all of the documents.
Or feel free to email me.
My EB2 was rejected initially but later approved due to Sheila's evalaution of my CA degree equivalent to master's degree. I did not know her but my lawyer insisted to get it done through her. She was good for me.
Or feel free to email me.
My EB2 was rejected initially but later approved due to Sheila's evalaution of my CA degree equivalent to master's degree. I did not know her but my lawyer insisted to get it done through her. She was good for me.
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wellwishergc
04-10 07:24 PM
Berkeley,
I am of the opinion that issues such as 'allowing I-485 even if visa data not current' or 'allowing for application of EAD once I-140 approved' could be addressed by urging appropriate agencies to make changes to the existing regulations. As bharnik pointed out there is no effect on the visa numbers for the USCIS, by allowing this. While we fight and wait for legislation, this is a very good short-term relief.
Is it possible for IV to brain-storm on this? and come up with an approach to address this, without having to go through the congress?..
Please advise..
Sincerely,
Raj
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
I am of the opinion that issues such as 'allowing I-485 even if visa data not current' or 'allowing for application of EAD once I-140 approved' could be addressed by urging appropriate agencies to make changes to the existing regulations. As bharnik pointed out there is no effect on the visa numbers for the USCIS, by allowing this. While we fight and wait for legislation, this is a very good short-term relief.
Is it possible for IV to brain-storm on this? and come up with an approach to address this, without having to go through the congress?..
Please advise..
Sincerely,
Raj
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
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vghc
07-25 11:04 AM
I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.
Look back and recall the time when you told yourself that if you ever made it to the US, you are going to visit place A or do thing B. Go kayaking, enjoy the countryside, join a hiking group, play some sports and etc. Don't think too much of this GC thing, it'll never come next month or next 6 months, so stop wasting all your energy on something you can't control. Make full use of your time here. US have lots to offer us if we just let go and start enjoying life. Good Luck!! :)
Look back and recall the time when you told yourself that if you ever made it to the US, you are going to visit place A or do thing B. Go kayaking, enjoy the countryside, join a hiking group, play some sports and etc. Don't think too much of this GC thing, it'll never come next month or next 6 months, so stop wasting all your energy on something you can't control. Make full use of your time here. US have lots to offer us if we just let go and start enjoying life. Good Luck!! :)
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desi_voice
04-16 03:56 PM
Ummm.. I did not know that one can do a diploma after 10th grade in India and after that, a year to get bachelors? You are right... its not very clear from the original post.. and can easily be misinterpreted as (10+2+3+1) which is 16 years of education.
OP, could you please confirm if this is the case with your background.
Hi Gapala,
After finishing 10th standard/grade/SSLC(10th), students join Polytechnics education which awards Diploma, which is 3 yrs course.
OP, could you please confirm if this is the case with your background.
Hi Gapala,
After finishing 10th standard/grade/SSLC(10th), students join Polytechnics education which awards Diploma, which is 3 yrs course.
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Brightsider
08-30 09:35 AM
Hi Dinesh,
I am a physician myself who served j1 waiver and on AOS from 7/07. My son is a going to be a senior in High School this year. Why did you have a problem with state college apps on AOS/EAD?
Vina,
I had intended to respond to your post, but ended up with a different one. Do take a look at my post, sent a few minutes ago, about college admissions on AOS, and the related tuition issues.
Best of luck
I am a physician myself who served j1 waiver and on AOS from 7/07. My son is a going to be a senior in High School this year. Why did you have a problem with state college apps on AOS/EAD?
Vina,
I had intended to respond to your post, but ended up with a different one. Do take a look at my post, sent a few minutes ago, about college admissions on AOS, and the related tuition issues.
Best of luck
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vishwak
02-11 01:46 PM
Try consulate German Consulate and they will reply quickly.
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tuhin
08-23 05:04 PM
Gurus...
I am in a similar situation and have a very simple question. Can I port from EB3 to EB2, while on EAD? I do not have a valid H1. AFAIK porting needs re-filing a labor application, hence the confusion.
Thanks!
I am in a similar situation and have a very simple question. Can I port from EB3 to EB2, while on EAD? I do not have a valid H1. AFAIK porting needs re-filing a labor application, hence the confusion.
Thanks!
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paragpujara
12-18 01:36 PM
Refer to USCIS guide lines regarding AC 21. Hope this helps.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
JunRN,
First, Thank You for all your advises.
I am planning to file AC-21 memo with USCIS.
I hope the my new employer will help with paperwork. and I have to find a lawyer who can do that and be prepare for RFE and Interviews.
My last question to you:
1. Do you know for AC-21 I have to work in the same state where my labor was filed?
my labor was at IL and now working in TX but same type of job.
2. Is there a deadline or recommened time to file Ac-21 memo with CIS?
I just joined the new company 2 weeks back with my EAD after getting laid off from petitioning employer (they will not revoke my approved I-140)
Any advises and recommendations on filing AC-21 will be very much appreciated.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
JunRN,
First, Thank You for all your advises.
I am planning to file AC-21 memo with USCIS.
I hope the my new employer will help with paperwork. and I have to find a lawyer who can do that and be prepare for RFE and Interviews.
My last question to you:
1. Do you know for AC-21 I have to work in the same state where my labor was filed?
my labor was at IL and now working in TX but same type of job.
2. Is there a deadline or recommened time to file Ac-21 memo with CIS?
I just joined the new company 2 weeks back with my EAD after getting laid off from petitioning employer (they will not revoke my approved I-140)
Any advises and recommendations on filing AC-21 will be very much appreciated.
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Green.Tech
06-19 12:31 PM
Those who have been affected by this, please come forward; your stories are the most important piece of the puzzle to get this effort going.
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cool_desi_gc
12-17 07:36 PM
I know we had lot of discussions about Notice date and reciept date.I was planning to invoking AC-21 after 180 days.My application reached USCIS on Jul 18th.I assume this is when the 180 days count down starts.My notice date is Sept 18th.(Checks cashed).My online status for my 485 is as follows
"On September 18, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case.Blah blah"
When they recieved, do they mean it is the reciept date.My 180 days ends on Jan 18th 2008.
I am confused now.Does the 180 count down start from Jul 18th or Sept 18th ? I always thought it started from the date of reciept(The date it was recieved in thier mailroom).Can someone confirm ?
"On September 18, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case.Blah blah"
When they recieved, do they mean it is the reciept date.My 180 days ends on Jan 18th 2008.
I am confused now.Does the 180 count down start from Jul 18th or Sept 18th ? I always thought it started from the date of reciept(The date it was recieved in thier mailroom).Can someone confirm ?
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guy03062
07-27 03:53 PM
why not 1 to Mr. Emilio Gonzales and 1 to Dr. Rice...just to be on safe side...in case none of these centers accepts your application :D
You are not a wellwisher, why did you forget the local service center where sometimes a case gets transferred to.. :D :D :D
You are not a wellwisher, why did you forget the local service center where sometimes a case gets transferred to.. :D :D :D
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lonedesi
04-01 05:25 PM
Sent Fax #10
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crazy
06-07 11:35 AM
I am in 4'th year of H1b. I filed for I 140 and got approved in May 2006.
After that I changed my company. My new company is going to apply for my GC In jun.
I know that I can use previous priority date from employer 1. But my question is with this new CIR bill Will my case be considered under old system?
Please help.
I am going to do as much as I can for this forum. It's like angel's help for me.
After that I changed my company. My new company is going to apply for my GC In jun.
I know that I can use previous priority date from employer 1. But my question is with this new CIR bill Will my case be considered under old system?
Please help.
I am going to do as much as I can for this forum. It's like angel's help for me.
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greyhair
01-27 06:29 AM
It looks like guys from AP are running away from all the mess their state is currently in. On one hand there's that YSR's son trying to create havoc for the ruling Govt. His dad and himself being the most corrupt politicians the state has ever seen. On the other hand, there's this filthy congress high command trying to counter him. Its like CORRUPT1 vs CORRUPT2 trying to get the throne so that they can remain CORRUPT. And in the wings are parties like TDP, TRS and PRP --- Really, is there a political party in AP (or even India) where one can call it corrupt free? ha ha
I'm not a gulti, but I don't think u can really blame them :). Unfortunate but true :mad:
Beware:
buddyinsd is a paki, not that there is anything wrong with it. But he is usually attacking people from AP in his attempt to create a rift between people who come from different places. Don't fall in his trap, he is making provocative statements to make people fight with each other.
I'm not a gulti, but I don't think u can really blame them :). Unfortunate but true :mad:
Beware:
buddyinsd is a paki, not that there is anything wrong with it. But he is usually attacking people from AP in his attempt to create a rift between people who come from different places. Don't fall in his trap, he is making provocative statements to make people fight with each other.
bharol
08-18 12:59 AM
Trust me. You would see an approval this month. Most of the people who got an LUD on their approved I-140 on 07/13/2008 are seeing their GC approved. Only uncertain people are those who hasn't seen any such light.
Thanks. This gives me some hope.
I had LUD on my approved I140 on July 27,2008.
Does it mean something?
Thanks. This gives me some hope.
I had LUD on my approved I140 on July 27,2008.
Does it mean something?
cse_us
07-24 04:57 PM
Here's update on my cases
Self e-filed: May 30, 2008
FP: Jun 25, 2008
Card prod ordered: July 23, 2008
EB3-I / PD: Mar 2006 / I-485 - RD: Jul 2007
Will post about duration as soon as I get the cards in hand.
I Efiled mine on may 19th, FP on jul 3rd, no update yet.
Efiled my wife's EAD on may 30th, FP on jun 24th, Card prod ordered July 23rd.
We are currently working on EADs which expire on 30th Aug.
Am worried if I will have the card by then or not.
If i dont have the approval by aug 19th, I am planning to take Infopass for the interim EAD.
It sucks to see they dont follow FIFO or atleast close to FIFO, so much variation as some june filers received card in june itself.
Jul 2nd filer, EB2 - PD Apr 2007
Self e-filed: May 30, 2008
FP: Jun 25, 2008
Card prod ordered: July 23, 2008
EB3-I / PD: Mar 2006 / I-485 - RD: Jul 2007
Will post about duration as soon as I get the cards in hand.
I Efiled mine on may 19th, FP on jul 3rd, no update yet.
Efiled my wife's EAD on may 30th, FP on jun 24th, Card prod ordered July 23rd.
We are currently working on EADs which expire on 30th Aug.
Am worried if I will have the card by then or not.
If i dont have the approval by aug 19th, I am planning to take Infopass for the interim EAD.
It sucks to see they dont follow FIFO or atleast close to FIFO, so much variation as some june filers received card in june itself.
Jul 2nd filer, EB2 - PD Apr 2007
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