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  • GCplease
    05-09 09:58 AM
    OMG, I am truly apalled by these stories. What is DOS upto.

    Reminds me of the movie Rendition where the guy will be taken to another country and physically tortured because he is an American Citizen but born in a Muslim country and he is a chemical Engineer.

    Here in these real life stories, the physical torture is not there (Thank God), but the emotional torture is equally worse. I still cannot believe something like this can happen in this century.

    People forced to have an extended stay in their home country, forced to let go of their belongings in US, not sure if their employer will preserve his job, this is ridiculous.

    Guys, I am really sorry for you. I would suggest, a bunch of you guys join together, contribute some money and consult with an Attorney like Sheila Murthy or Rajiv Khanna and try to coordinate things through Immigration Voice because our name could carry some weight. There should be atleast 10 of you guys so that there can be the desired impact. I am sure your Employers will be backing you. Get letters from them, document your sufferings and get in touch with Senators and congressmen.

    I sincerely hope your sufferings will come to an end in the near future.

    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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  • pappu
    05-15 08:12 AM
    How come such legislative efforts are not even in IV's radar now....

    Always check with your state chapters.
    State chapter leaders are more aware of our work than what we post on the forum for public.
    There is lot of activity going on at this time. Everyone must join their state chapters to actively participate in IV effort.

    There maybe some more news today. Hopefully... Stay tuned.





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  • venky08
    12-30 05:24 AM
    i think gc_maine2 has a valid question...especially if you use H1 transfer (6-9 years) for the new employer and not EAD

    i am very curious myself to see how this will work out...any personal opinions please???

    very smart question by the way gc_maine2...:cool:

    Very good point logiclife. what happens in this following scenario when 140 is approved and when 140 is pending.

    Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.

    Thanks
    Sree





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  • hopefull
    07-06 05:14 PM
    As if being a FT employee is a virtue :rolleyes: ...dude you gotta move ur crap somewher else


    Had it not been a virtue, you wouldnt have been on this board for your GC. If you know what I mean. The GC /EAD will give you portability and bargaining power in negotiations for your wages with your employer.

    THINK BEFORE YOUR OPEN YOUR TRAP DUDE...OR YOU WILL BE EMBARASSED



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  • memyselfandus
    09-10 02:18 PM
    We sent an email to CISOmbudsman.Publicaffairs@dhs.gov and they gave the update, even though the online status didn't update for more than a week.

    The Ombudsman office gave a response with in one business day.

    Found out from the Senator's office that my case has been approved. Attorney was able to call and confirm. No change in online status though.

    E-filed on May 5th





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  • manoj_2002
    07-19 01:39 PM
    I was on bench for about 4-5 months in 2004, so didn't get paid. Will it pose any problem?

    Well, I have been with the same Employer all along since my date of entry, and the only problem is my W-2 amount for 2004 is kind of 50% of my offer amount.

    Same in case of 2003 also. But my last date of entry is 2004, so I am thinking I NEED NOT worry about 2003, just worry about 2004.

    I really apreciate it, if someone clarifies the implications.
    Please...



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  • Jimi_Hendrix
    12-29 03:15 PM
    this is all quite confusing and probably you need to consult an expert.





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  • ChalapathiChitturi
    10-15 03:08 AM
    I filed my I-485 (Nov 2004 EB3), but my old labor ( EB3 Mar 2003) got cleared. I am going to apply another labor in EB2 and move this EB3 priority date to that EB2, that way my case will be current.

    Not very much sure about its possibility, any suggestions.

    But coming back to the point, you are in a better boat by not filing, you can atleasr make it as EB2 and get the Green card Faster.



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  • BharatPremi
    11-06 11:28 AM
    Thanks bharatpremi - thats a pretty comprehensive scenario.! Very helpful indeed.!
    My Infopass appt. is next week in baltimore. My EAD & AP are still pending for both me and my wife. 90 days was y'day.! USCIS recd. our EAD & AP applications on 8/7.

    I have scheduled my appt. for tuesday morning. I could provide only my info (A# and receipt #) online - can i take my wife along too although she hasn't officially scheduled a appt for tuesday with me.? Do you know if they may object when we have filled ii only 1 person online but 2 show up for the appt.?
    Thanks.!

    I think you should not face any problem. I went alongwith my wife (Although I took appintmnet for 4 but my children did not come for obvious reason - school day) and Guard, Guy at window or lady at the counter none of them asked a single question to my wife. So I believe if your wife come alongwith during an appintment, you should not face any problem. All in all for me total process was not more than 30 -40 minutes. So in case if they hesitate to let her in she can wait outside either in a car or in waiting room (Assuming Baltimore has same facility as Dallas)





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  • GCplease
    02-29 01:54 PM
    Mailed mine and 2 of my co-workers' letters to IV on 2/26/08.
    Already sent them to the White House a couple of weeks ago.



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  • anandrajesh
    01-31 03:00 PM
    Form No. Current Fee Proposed Fee Difference
    I-129 $190 $320 $130
    I-131 $170 $305 $135
    I-140 $195 $475 $280
    I-485 $325 $905 $580
    I-765 $180 $340 $160

    DAYLIGHT ROBBERY





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  • spdy_mn
    10-21 02:32 PM
    I understand.

    I once asked about a soft lud and I was given red dot. The reason given was
    "quit asking about soft luds". They could have said that in the thread instead of giving me red dots :confused:



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  • unitednations
    03-11 05:19 PM
    You're right, the point I was making is the real intention of these Senators...When you want to scr.ew somebody you ask questions that are hard and mostly unanswerable....Take this example, Look at the requirement that Hyderabad Consulate has put up for H1B Visa Stamping, it sounds like they are saying don't you dare!!!

    The hyderabad consulate is nothing new. Chennai has been asking for this type of documents for years.

    Yes; some people are not going to change their minds no matter what. I'm sure Grassley gets a lot of contributions and support from like minded people and he has to toe their line or they turn on him.

    The other real American way would be to look at ways of undermining Grassley.

    Case in point was Elliot Spitzer. Although what he was doing was right and justified; he took on some big players in Wall Street. Lots of fines; regulations, etc. Then all of a sudden he gets caught in a sting and he is ruined forever.





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  • bobzibub
    01-02 12:04 PM
    At least some good news are arriving prior to the X'mas holiday! :p
    This might have a huge impact on people who held a H4 b4 switching to H1B!

    http://www.uscis.gov/files/pressrelease/PeriodsofAdm120506.pdf

    They decoupled the H2->h1 and the L2->L1. But not H4->L1 or L2->H1.

    Even though their reasoning for doing it applies to these cases too.

    :confused:



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  • nozerd
    12-26 02:04 PM
    Customer Service creates a service request and send just standard off the shelf letter saying wait we are processing your case. The letters used to say 3 months but now sayd 6 months.

    I think a lot of ppl in this forum are under the misunderstanding that once their date becomes current they will get Green Card soon. That is reaslly not true and once your date becomes current its just another battle all over again.

    Some ides that I have heard work are

    1) Calling congressman/senator and asking them to help your case.

    2) Writing to Ombudsman.

    Since no one in America does much of anything in December I am planning to start trying with congressmans office in mid Jan. I have to do something and try - I cant keep sitting hands folded. Or they will say quota is over before we know it - remember ROW is at 2005.





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  • stang20874
    03-22 12:01 PM
    I live in Montgomery County, Maryland. Who else? Let us team up please.



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  • InTheMoment
    09-27 10:35 AM
    good point about the H1 quota exempt option. Though remember there is no blanket exemption for doctors...their H1 is cap exempt only if they work for a non-profit institution/university. So it all depends on the employer.

    i was in a similar situation about this with a priority date of Jan '06.. i was planning to get married in dec 2009.. but my dates were current and fearing that I might get my GC soon, I rushed to Australia (my fiancee is AUS citizen) and got a registered marriage done... she is still in aus and planning to join me later using following-to-join when i do get gc.. unfortunately, I did not get my GC when the dates were current in Aug or Sep...

    but, i dont know how to advice you.. it is a very sticky situation... i think best option is to do H1B, and before that to try and get some visitor visa... my lawyer says there is a 50% chance for one to get H1B if you apply on April 1st.. and almost 0% chance if you apply after April 1st...

    oooh another option that i thought out, during my stressful thinking days about this, was that the H1B quota is not valid for certain jobs.. like doctors, and also if you work in like non-profit orgs and stuff... try to explore that.. this means that ur wife can get H1B right away...

    F1 is not an options, since you have to show non-immigrant intent.





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  • gcgreen
    08-12 01:28 PM
    Both your job descriptions say design develop and test applications using Win32 API and MFC (among other things) .... tell me why you are worried again...? :-)

    It is similar. The key words are "Design, develop, test .....maintain.... etc.." Look up the O*net code for 15-1031.00 - Your L/C will state this occupational code. This has a broad classification.

    I am in the same boat - my old job says ""design, develop, test wireless and mobile applications using Pocket PC SDK, MFC, Win32 API ........" and my new job says "Design , develop, test finaicial system applications using VC++, MFC, Win32API ........" I ran this through some lawyers and they say it is fine.
    15-1031.00 has a lot of titles that any software person can fit in.

    Old job title is "Senior Software Engineer" new job title is "Senior Software Developer"

    Fellow IVans - please comment if this is fine?





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  • n2b
    12-28 10:29 AM
    Hello Guys,

    I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.

    The question I have is if my current employer can do anything, I mean anything at all, now?

    Thank you.





    pkak
    11-21 11:06 AM
    Taking a plunge now on EAD is like drowning yourself. prices have not yet come down and will come down by 15-20 % over 5 years. there is talk about recession , job losses and more foreclosures. if you dont need the space ...DONT BUY. most of us dont need more space unless we have 2-3 grown kids who need their own rooms. renting is not same as throwing away money as you get a place to live. how does buying a home give you security ..it is more of a hassle if you are on EAD or H-1 and you need mobility after a job is lost. my friend who has good worldly experience rightly said ..buying a house now is like worrying about one more thing in life.

    If buying a house had been the smart option, I would have bought it already.
    Please see the attached XLS.
    BTW, independent analysts predict that housing prices will fall by 20% in real terms in next 10 years.

    All I am stating is that this issue can be a good talking point for the Immigration Lobby, especially as the housing market continues its slide down:)





    gondalguru
    07-19 01:10 PM
    Dont ask me when you get an RFE for your skin test. I believe I read it on these forums that a couple of people were specifically asked about their skin test.

    Even the doctors are supposed to give you a skin test and then the x-ray. If you have taken a skin test before, I think you can just take the x-ray now.

    Check this link

    http://immigrationvoice.org/forum/showthread.php?t=5494&highlight=skin+test

    Most people from India will have PPD test positive as they have received BCG vaccine in childhood. PPD test in not mandatory. Negative chest xray is sufficient to prove that you are free from active TB (you may still have dormant infection but that doesn't matter at this point of time). Plus USCIS/CDC had published a guideline for civil surgeons instructing how to perform the Medical exam for immigration purposes and it clearly says that applicant can choose not to have PPD test and negative cxr will be sufficient.



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