PDOCT05
10-09 10:12 AM
it' frustrating...no updates at all :)
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vdlrao
09-10 02:29 AM
We want to do some thing for elimination of backlogs Especially for EB3 - India Else we wont see any more progress.
All EB3 people please share your thoughts to resolve this issue.
Unless and untill everybody in EB3 has contributed ataleast a $1000.00 to the immigrationvoice cause, its waste of time to discuss about the EB3-India movement. Any way we have to spend a lot more than $1000.00 in renewing EADs, H1Bs and H4s.
Otherwise just wait and pray for the CIR bill to pass. Then every body in the EB category will get the benefit being the EB3- India/China are the greatest benefitters.
All EB3 people please share your thoughts to resolve this issue.
Unless and untill everybody in EB3 has contributed ataleast a $1000.00 to the immigrationvoice cause, its waste of time to discuss about the EB3-India movement. Any way we have to spend a lot more than $1000.00 in renewing EADs, H1Bs and H4s.
Otherwise just wait and pray for the CIR bill to pass. Then every body in the EB category will get the benefit being the EB3- India/China are the greatest benefitters.
geevikram
07-20 09:40 PM
Problem was ours (EB2 & EB3) and we fought together until EB2&EB3 dates were retrogressed.Now the problem is only for EB3s so EB3s only have to come forward and work for ourselves. Thank you Sir...
No, you are twisting what I said. My point is, if you are not willing to help yourself, why do you expect people who are going to be current in a year or so to chip in? You can start helping yourself by becoming a regular donor to IV. That's $25 a month. Imagine 11,000 odd EB people becoming regular donors. Maybe, IV can then run a regular ad in major news network, explaining our plight.
What I am saying is we(EB2&3) will fight together and you are saying that It's your problem and you(EB3) have to work for yourself.So do we have to start a new community called eb3immigrationvoice?
I never said EB3 will have to fight it alone. All I said is, 90% of EB3 folks stuck in the rot of backlog want someone else to take the lead and do it.
Again, please do not twist what I said. I rest my case.
No, you are twisting what I said. My point is, if you are not willing to help yourself, why do you expect people who are going to be current in a year or so to chip in? You can start helping yourself by becoming a regular donor to IV. That's $25 a month. Imagine 11,000 odd EB people becoming regular donors. Maybe, IV can then run a regular ad in major news network, explaining our plight.
What I am saying is we(EB2&3) will fight together and you are saying that It's your problem and you(EB3) have to work for yourself.So do we have to start a new community called eb3immigrationvoice?
I never said EB3 will have to fight it alone. All I said is, 90% of EB3 folks stuck in the rot of backlog want someone else to take the lead and do it.
Again, please do not twist what I said. I rest my case.
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desi3933
08-18 02:10 PM
Well then you should have done it long time back . You are now going for your citizenship and everyone on this forum knows that.
Well, you and I don't agree on that. I believe in helping (whatever I can do) to future immigrants of this great country.
Good Luck to you!
PS: What happened to your case?
_______________________________
N-400 Oath Date Aug 19th 2008
Well, you and I don't agree on that. I believe in helping (whatever I can do) to future immigrants of this great country.
Good Luck to you!
PS: What happened to your case?
_______________________________
N-400 Oath Date Aug 19th 2008
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kg318
04-24 10:18 AM
What wrong he did? Nothing illegal but certainly not the best practise. Atleast he has been insensitive to his former employer.
what in the world makes this insensitive. h1b employees are not the bonding labours to the employers. If the employee leaves the company within 2 or 3 month after all the pain company had taken like spending for h1b filing training or providing placement, then that would be insensitive. After 2 yrs of serving, if the employee wants to look out for something better, employer shud make the exit smooter. And some else said earlier that its only employees who force employers for GC. i do not think so. If u see any advertisements posted by desi employers, the packages come along with GC process. they highlight GC point to attract the employees. yes it is true that most of the employees look out for GC for settlement. but that doesn't mean they force their employers who are not ready to do it. they might choose someone who offered GC process as a part of the package they r offered in the first. in such cases the chances of employers who do not offer GC process to get h1b's drop down drastically. thats the reason they offer GC.
Also GC makes long term commitment between an employer and an employee.
Everyone knows how long GC process is gonna take. So for all the yrs h1b's r holded to their employers, which is definetly making the employers business lot more easier. so why in the world an employer especially desi's wouldn't want to file GC?????
what in the world makes this insensitive. h1b employees are not the bonding labours to the employers. If the employee leaves the company within 2 or 3 month after all the pain company had taken like spending for h1b filing training or providing placement, then that would be insensitive. After 2 yrs of serving, if the employee wants to look out for something better, employer shud make the exit smooter. And some else said earlier that its only employees who force employers for GC. i do not think so. If u see any advertisements posted by desi employers, the packages come along with GC process. they highlight GC point to attract the employees. yes it is true that most of the employees look out for GC for settlement. but that doesn't mean they force their employers who are not ready to do it. they might choose someone who offered GC process as a part of the package they r offered in the first. in such cases the chances of employers who do not offer GC process to get h1b's drop down drastically. thats the reason they offer GC.
Also GC makes long term commitment between an employer and an employee.
Everyone knows how long GC process is gonna take. So for all the yrs h1b's r holded to their employers, which is definetly making the employers business lot more easier. so why in the world an employer especially desi's wouldn't want to file GC?????
pointlesswait
04-21 09:27 AM
File a BBB case..but make sure you are absolutely sure Company is at fault...if its just money..
i guess u have to take a "hit".. but if they have violated ur rights in any way..u should pursue all possible options of getting justice.
is that a desi consultant!
I think we need to create a site of all desi consultants and rate them.. discretely.;-)
i guess u have to take a "hit".. but if they have violated ur rights in any way..u should pursue all possible options of getting justice.
is that a desi consultant!
I think we need to create a site of all desi consultants and rate them.. discretely.;-)
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suriajay12
02-15 01:10 PM
Sincerely, I dont think its a problem for anyone to send $100 or 200. Most of the people here are not seeing any action from IV core in the last 6-12 months. And we guess same to hope for even for future. Many guys in other forums are writing against IV saying they will no more pursue any campaigns as the dates of core members are now current and they will not do anything that may jeopardize it. I am also not seeing any action eversince I joined here. So what is the point. Why dont we fight our case oursleves. I know unity is strenght, but when its not there, doing nothing is a a bad idea. This is not to hurt anyone.
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mrajatish
05-02 10:54 AM
Stupid question, but I am sure it is in the minds of many others -
1. When, if at all, will this be heard in the Senate given the current immigration imbroglio?
2. Will the house have a similar bill?
1. When, if at all, will this be heard in the Senate given the current immigration imbroglio?
2. Will the house have a similar bill?
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gc4me
04-23 02:50 PM
This guy is a deshi employer. He is on H1 so he is a silent partner & that why scratching his head.
There are attorneys who will charge only after recovering money. The stupid employer can be sued for lost wages along with civil penalties from which the attorney's fee will be paid.
I just read first page of this thread and would advice that don't follow most of reply because they are lawyers or they have not gone through the experience you are going through. $4000 may not be big amount compared to hassle of law suite , piece of mind or the amount of increase you may have received by switching employer. I know a close person who had gone through exactly same situation in NJ and had to pay 12,000 to settle the case. I have seen bunch of people in same situation and my friend always adviced them to stay away from law suite. If your current employer is not big then there are greater chances that it will turn away from you in case of law suite.
If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.
Also can you get in writing from you current employer that they will support you in case of law suite?
There are attorneys who will charge only after recovering money. The stupid employer can be sued for lost wages along with civil penalties from which the attorney's fee will be paid.
I just read first page of this thread and would advice that don't follow most of reply because they are lawyers or they have not gone through the experience you are going through. $4000 may not be big amount compared to hassle of law suite , piece of mind or the amount of increase you may have received by switching employer. I know a close person who had gone through exactly same situation in NJ and had to pay 12,000 to settle the case. I have seen bunch of people in same situation and my friend always adviced them to stay away from law suite. If your current employer is not big then there are greater chances that it will turn away from you in case of law suite.
If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.
Also can you get in writing from you current employer that they will support you in case of law suite?
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gccovet
08-05 12:40 PM
gccovet,
Was it a random lud ?
Did you have any pending applications like EAD/AP ?
What date did it happen ?
my EAD is still pending. but no lud on EAD cases. just a soft LUD on I-140 on 7/13. Very wired !!
GCCovet
Was it a random lud ?
Did you have any pending applications like EAD/AP ?
What date did it happen ?
my EAD is still pending. but no lud on EAD cases. just a soft LUD on I-140 on 7/13. Very wired !!
GCCovet
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mhathi
10-08 02:55 PM
Nothing is as easy as it seems. Even for a small ask item, there is a lot we have to invest. If people show up for chapter meetings, come for lobby day and rally, contribute and volunteer for the cause.. then we can increase our chances of success.
I looked at the profiles of people on this thread and a lot have not even completed their profile information. While we want IV to do things for us, we do not want to do what IV asks us to do. One cannot expect to get things done by anonymously posting a want list and expecting others to do the job for them.
If anyone wants their ideas to be the agenda of IV, they must come forward and get active in the state chapter. Through state chapters you will know the updates and have an opportunity to help, suggest and even lead your ideas in IV.
Well said! Guys, people who say "IV should have this and that as topmist priority", remember that IV is a GRASSROOTS organization. Which means that if you want something to be on IV agenda, take the leadership for that item in your state chapter and lead it yourself. IV is not some big corporate or government entity that has a board of directors. IV is YOU and ME.
I looked at the profiles of people on this thread and a lot have not even completed their profile information. While we want IV to do things for us, we do not want to do what IV asks us to do. One cannot expect to get things done by anonymously posting a want list and expecting others to do the job for them.
If anyone wants their ideas to be the agenda of IV, they must come forward and get active in the state chapter. Through state chapters you will know the updates and have an opportunity to help, suggest and even lead your ideas in IV.
Well said! Guys, people who say "IV should have this and that as topmist priority", remember that IV is a GRASSROOTS organization. Which means that if you want something to be on IV agenda, take the leadership for that item in your state chapter and lead it yourself. IV is not some big corporate or government entity that has a board of directors. IV is YOU and ME.
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jonty_11
08-08 12:08 PM
Congrats...remember folks are waiting for over 10 years...and still not CARD PROD ORDERED e mail...so be happy and enjoy!!!!
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eb3retro
07-19 07:24 PM
the above poster summarized it very good. here are some of my thoughts..
1) we can come up with a formal letter (standard one) which is well written and can be faxed to USCIS director or emailed.
2) we can also fax/email the same letter to ombudsman so that they are aware of this issue.
in my gut feeling ombudsman is as close as we can get to uscis if we need visibility to this. optionally we can use the same letter to send it to the senators/congressman.
The letter should be short, precise, upto the point, without any spelling mistakes, well written. if u look at this post itself, you could very well decide that i am not suitable for that job. can someone in eb3-I who has a good writing skill come up with such a letter and so that we can try what ever we can from our end. its every dog's battle here. and if sanyahari is fighting, its his / her right to do so. so what do u say folks?
1) we can come up with a formal letter (standard one) which is well written and can be faxed to USCIS director or emailed.
2) we can also fax/email the same letter to ombudsman so that they are aware of this issue.
in my gut feeling ombudsman is as close as we can get to uscis if we need visibility to this. optionally we can use the same letter to send it to the senators/congressman.
The letter should be short, precise, upto the point, without any spelling mistakes, well written. if u look at this post itself, you could very well decide that i am not suitable for that job. can someone in eb3-I who has a good writing skill come up with such a letter and so that we can try what ever we can from our end. its every dog's battle here. and if sanyahari is fighting, its his / her right to do so. so what do u say folks?
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akhilmahajan
02-10 10:50 PM
Bump.........
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new2gc
09-03 11:48 AM
Yes, u r lawyer is right. It is fine to skip.
Thanks Chantu for the quick response.
Thanks Chantu for the quick response.
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485Mbe4001
03-28 11:31 AM
:D yes. I want to predict what I will do (or what i want to do) to USCIS, but i will be banned.;)
Yep, I want to predict what USCIS may do,,, not what I want USCIS to do :)
Yep, I want to predict what USCIS may do,,, not what I want USCIS to do :)
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JunRN
08-31 07:57 PM
I am not against this rally...people with time and resources must go to this rally.
I am in F1 with no income...all I can do for you is to solve my own worries and not a burden to you!
I am in F1 with no income...all I can do for you is to solve my own worries and not a burden to you!
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Rohan99
10-12 12:42 PM
Whatever bluesky1 said is true...finally they opened our box. Today I called and rep gave me only I-485 receipt number and told me to wait for mail. USCIS likes everyone to wait for every thing......I have no more information but as soon as I get mail I will post all the info.
3rd july people should call now and I am definite we all were sitting in same box.
What a painful 100 days it was..................hopefully everything is correct on receipt...wait again and see.....
Receipt is from NSC
I got some good news. I called uscis just now and got two receipt numbers, one for 485 and one for EAD. Checks not cashed yet. I don't have the receipt number for AP yet. So it seems that our box is not lost and they're processing them, though so slowly. My application arrived on 7/3 at NSC, received by R. William at 9:03am.
Hope every one of us will receive our receipts, EAD and AP asap.
3rd july people should call now and I am definite we all were sitting in same box.
What a painful 100 days it was..................hopefully everything is correct on receipt...wait again and see.....
Receipt is from NSC
I got some good news. I called uscis just now and got two receipt numbers, one for 485 and one for EAD. Checks not cashed yet. I don't have the receipt number for AP yet. So it seems that our box is not lost and they're processing them, though so slowly. My application arrived on 7/3 at NSC, received by R. William at 9:03am.
Hope every one of us will receive our receipts, EAD and AP asap.
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Pandi
05-27 02:57 PM
Hi all,
I have sent the emails to the 10 + 2 ( State ) Senators and followed up with calls. Hope for the best.
Regards,
Pandi
I have sent the emails to the 10 + 2 ( State ) Senators and followed up with calls. Hope for the best.
Regards,
Pandi
pitha
07-08 11:08 AM
no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.
If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.
It gets interesting. Doesn't it? Even if the court agrees that this is a fiasco and would like to compensate the beneficiaries by allowing us to file for 485, it would be in direct violation of the law that " there must be a number available on the day of filing ".We don't have any numbers. Do we? My point is, will a judicial system go out of the box and allow us to file when there are no visa numbers available? The only way is get numbers and make every one file and the only way for that is to undo what the USCIS has done in the last 2 weeks of June. Just my thoughts. I am ready to take anything positive out of this because I have least hopes pegged on the law suit.
If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.
It gets interesting. Doesn't it? Even if the court agrees that this is a fiasco and would like to compensate the beneficiaries by allowing us to file for 485, it would be in direct violation of the law that " there must be a number available on the day of filing ".We don't have any numbers. Do we? My point is, will a judicial system go out of the box and allow us to file when there are no visa numbers available? The only way is get numbers and make every one file and the only way for that is to undo what the USCIS has done in the last 2 weeks of June. Just my thoughts. I am ready to take anything positive out of this because I have least hopes pegged on the law suit.
priti8888
10-08 08:34 PM
First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
Well said !
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
Well said !
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