
rolrblade
07-19 10:35 AM
Just so you dont miss this. I also PM'ed you.
I just checked the Mumbai consulate website (I am assuming your wife is in India) and the earliest available appoitment for H4 is July 27th. Why cant she take that? All you have to do is reschedule.
There are also appointments for H4 for Aug 3,6,8,10. She shoudl reschedule her appointment.
Send me a PM if you need help with the appoitment website.
I just checked the Mumbai consulate website (I am assuming your wife is in India) and the earliest available appoitment for H4 is July 27th. Why cant she take that? All you have to do is reschedule.
There are also appointments for H4 for Aug 3,6,8,10. She shoudl reschedule her appointment.
Send me a PM if you need help with the appoitment website.
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anilsal
10-11 04:38 PM
either missed BEC by luck (pre-PERM folks) or used substitute labor. They all have GCs.
And there are people like me, still waiting waiting waiting.
It is not fair on people whose labor went into BEC and others filed PERM, got approved faster - have EADs/FP.
Nothing is fair.
And there are people like me, still waiting waiting waiting.
It is not fair on people whose labor went into BEC and others filed PERM, got approved faster - have EADs/FP.
Nothing is fair.

sureshksv
04-01 05:48 PM
faxes no 10 and 11 sent
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hebron
08-20 10:17 PM
I am not with them anymore, I transfered my H1 to another company already. i just need to find out the way how to file a complaint and proceed further.
That's good to know that you transferred your H1-B.
As people already suggested there are very slim chances you can do anything about this, since labor and I-140 belongs the the employer. So if you can prove with written statements from your employer that he will sponsor your GC and if can prove that have incurred monetary loss, you might be able to get something out of this.
On a side note, You may want to see if there is any other options to bring him down, such as if you were on H1-B and if your employer did not pay you the salary he promised. This definitely will put him on the black list and he cannot hire anybody else on H1-B. All the best!
That's good to know that you transferred your H1-B.
As people already suggested there are very slim chances you can do anything about this, since labor and I-140 belongs the the employer. So if you can prove with written statements from your employer that he will sponsor your GC and if can prove that have incurred monetary loss, you might be able to get something out of this.
On a side note, You may want to see if there is any other options to bring him down, such as if you were on H1-B and if your employer did not pay you the salary he promised. This definitely will put him on the black list and he cannot hire anybody else on H1-B. All the best!
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delhirocks
07-14 10:51 AM
I read that most would-be immigrants are differentiating themselves as an 'illigal' or a 'legal' immigrant. People are forgetting that legal or illegal both are immigrant and want to have a better life for themselves or for their family compare to what their own country have to offer to them. Where is the difference - look deep into your heart - difference is one has some additional pieces of papers while other does not. Stop differentiating! Start uniting and fight for the justice.
I have not done my research on the "Dream act" and thus would refrain from speaking on it (I am all for sparing the kids from hardship though)...but I take strong exception to your comment above. I pride myself to be a legal immigrant...and frankly any person who flaunts the law of the land, disgusts me.
I have spent thousands of dollars and hours to maintain my legal documents that you so casually refer to as "pieces of paper". I have sacrificed my career to a certain extent for those "pieces of paper". I have put my married life on peril for those "pieces of paper". But I am proud of it, 'coz those pieces of paper differentiate me from a Criminal.
The only reason I joined IV was that this is for LEGAL immigrants and for folks who have followed the law, however discriminating it might seem.
Again this comment is not on the merits of the dream act, but on the comments you made. Remember Immigrating to US is not your/my right.
I have not done my research on the "Dream act" and thus would refrain from speaking on it (I am all for sparing the kids from hardship though)...but I take strong exception to your comment above. I pride myself to be a legal immigrant...and frankly any person who flaunts the law of the land, disgusts me.
I have spent thousands of dollars and hours to maintain my legal documents that you so casually refer to as "pieces of paper". I have sacrificed my career to a certain extent for those "pieces of paper". I have put my married life on peril for those "pieces of paper". But I am proud of it, 'coz those pieces of paper differentiate me from a Criminal.
The only reason I joined IV was that this is for LEGAL immigrants and for folks who have followed the law, however discriminating it might seem.
Again this comment is not on the merits of the dream act, but on the comments you made. Remember Immigrating to US is not your/my right.

anilsal
01-18 03:56 PM
Folks, can dependent's participate in writing letters to President? I have already mailed my hand written letter to White House and copy to IV team, in addition to that I got confirmation from other Indians with whom I work also mailed their letters..If dependents are also allowed then count for another 10 letters from my side...;)
Anybody can write letters. It does not have to be the affected alone. Friends, colleagues, US citizens, relatives.
Anybody can write letters. It does not have to be the affected alone. Friends, colleagues, US citizens, relatives.
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willwin
06-05 12:59 PM
I understand that is not a reliable source of tracking approval pattern, however, this is the only tracker we have available and this gives us fairly good idea about USCIS processing.
Based on , there are about 1200 Approvals for EB-2 (Including ROW, India and China) since Oct01 2007.
However, there are only 450 approvals for EB-3 (Including ROW, India and China) sine Oct01'2007.
So howcome they ran out of EB3 numbers when there are very few approvals for this year. I was hoping they will run out of EB2 numbers instead.
Any insight on this?
Thanks.
I guess that depends upon how many of the applicants have registered in .
If it is 1%, then CIS would have used 130,000 by now, if it was 2%, 65,000 used by now...
Based on , there are about 1200 Approvals for EB-2 (Including ROW, India and China) since Oct01 2007.
However, there are only 450 approvals for EB-3 (Including ROW, India and China) sine Oct01'2007.
So howcome they ran out of EB3 numbers when there are very few approvals for this year. I was hoping they will run out of EB2 numbers instead.
Any insight on this?
Thanks.
I guess that depends upon how many of the applicants have registered in .
If it is 1%, then CIS would have used 130,000 by now, if it was 2%, 65,000 used by now...
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meridiani.planum
06-05 03:57 AM
For all Eb3s along with EB2s with PD after April 2005, the movement in the coming visa bulletins wont be much encoraging unless the new Obama government does something significant about employent based category or immigrationvoice does a fruitful lobbying. The doings of something by obama government to employment based category is not in our hands. The only thing we could do is to help IV and help ourrselves by contributing to it to reach its financial target for better lobbying. Or else wait for the Visa Bulletin every month with great hopes, sorry dreams, for your PD to become current, and satisfy with your EADs for years ahead
"new obama government"?? Jumping the gun a bit are'nt we? (elections are still far away and you have assumed the result?)
I second the suggestion to call the lawmakers.
"new obama government"?? Jumping the gun a bit are'nt we? (elections are still far away and you have assumed the result?)
I second the suggestion to call the lawmakers.
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h1techSlave
06-10 01:13 PM
Can you call up the customer service to know your status as to whether you are pre-adjudicated or not?
As per this everyone who got pre-adjudicated would be receiving their GC in FY2010. But, there are people from EB3I with PD as late as 2007 who got RFEs recently and got their cases pre-adjudicated( I am one of them even though my PD is March 2003 and when I called up NSC, they said my case was pre-adjudicated and waiting for a Visa number ).
With EB3I staying at 1 Nov 2001 when the new FY2010 quota starts in October doesnt match to what Ron Gotcher says.
Anyone have any opinion?
As per this everyone who got pre-adjudicated would be receiving their GC in FY2010. But, there are people from EB3I with PD as late as 2007 who got RFEs recently and got their cases pre-adjudicated( I am one of them even though my PD is March 2003 and when I called up NSC, they said my case was pre-adjudicated and waiting for a Visa number ).
With EB3I staying at 1 Nov 2001 when the new FY2010 quota starts in October doesnt match to what Ron Gotcher says.
Anyone have any opinion?
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sgupta33
01-15 09:58 AM
^^^^
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jethro11
04-20 02:41 PM
Solaris27,
Thanks for your reply, there are a lot of conflicting reports from different sources so I wanted to be sure. Have you traveled in the past month or know of anybody who has come back without a transit visa through Frankfurt? The new Schengen visa rules are causing a lot of confusion. Thanks!
Thanks for your reply, there are a lot of conflicting reports from different sources so I wanted to be sure. Have you traveled in the past month or know of anybody who has come back without a transit visa through Frankfurt? The new Schengen visa rules are causing a lot of confusion. Thanks!
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sashidhar_gundimeda
07-03 09:01 AM
Tangible:
Medical - $145
Photos - $16
USPS - $35
Fees - $650
Total: ~850
Intangible:
1) Advanced my engagement date. Tried to arrange an earlier marriage date. Placed everybody involved, my fiancee, her parents, her brothers, my parents and myself under huge pressure. All the bad reputation which I am facing now because of all that.
2) Bad reputation at work for not focusing on the job and the time that I took off from work to fix appointments for medical.
3) Most importantly the frustration and disappointment from this huge mess.
Lessons learned:
1) DO NOT trust USCIS or DOS, they are here not to help us nor make things easier for us.
2) G.C. process is mainly based on luck and not on merit.
3) We Indians have a bad reputation among Americans, for their allegations that we are taking away their jobs.
4) Bottomline, our life in USA is coming to an close. Time to have our bags packed and ready to relocate back to home.
Medical - $145
Photos - $16
USPS - $35
Fees - $650
Total: ~850
Intangible:
1) Advanced my engagement date. Tried to arrange an earlier marriage date. Placed everybody involved, my fiancee, her parents, her brothers, my parents and myself under huge pressure. All the bad reputation which I am facing now because of all that.
2) Bad reputation at work for not focusing on the job and the time that I took off from work to fix appointments for medical.
3) Most importantly the frustration and disappointment from this huge mess.
Lessons learned:
1) DO NOT trust USCIS or DOS, they are here not to help us nor make things easier for us.
2) G.C. process is mainly based on luck and not on merit.
3) We Indians have a bad reputation among Americans, for their allegations that we are taking away their jobs.
4) Bottomline, our life in USA is coming to an close. Time to have our bags packed and ready to relocate back to home.
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lord_labaku
07-25 12:41 PM
You are suffering from a form of COLTS disease. It is a man made disease affecting potential immigrants to the US, usually for those whose cases are pending at USCIS. This was not one of the diseases screened at Ellis Island in New York. This disease developed only recently. Search this forum if you want more info on this disease, symptoms.
Effective symptomatic remedies include abstaining from reading immigration related forums, pursuing interesting hobbies & diverting mind to other relaxing activities.
Effective symptomatic remedies include abstaining from reading immigration related forums, pursuing interesting hobbies & diverting mind to other relaxing activities.
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milestogo
07-22 04:27 PM
-What is the minimum period that one need to work with the employer who has sponsered the GC after receiving the GC?
-Can the leave of absence be counted in this period?
-If you leave immediately (with a month) after GC, can the employer fill for revoking or mistrust for I485?
-Can the leave of absence be counted in this period?
-If you leave immediately (with a month) after GC, can the employer fill for revoking or mistrust for I485?
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ssnd03
02-28 05:12 PM
Note that the TSC processing date for EB I-485 moved back to April from May 24, 2007. So the flood of applicants from June are certainly not "within normal processing times" even if they fell out of the BECs and have an early PD, and have a namecheck pending >180 days.
I agree that sucks. They should be processing based on PD and not RD. But when and if this >180 days policy for namecheck gets streamlined, and with PERM implemented, processing will be more FIFO than ever, even though IOs work on their own whims and timelines. I doubt visagate filers will see FIFO, but future filers will.
I agree that sucks. They should be processing based on PD and not RD. But when and if this >180 days policy for namecheck gets streamlined, and with PERM implemented, processing will be more FIFO than ever, even though IOs work on their own whims and timelines. I doubt visagate filers will see FIFO, but future filers will.
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itsmedude
02-12 06:50 PM
All this for $3500? Its going to cost him a lot more if he wants to file a lawsuit.
I don't think anybody will tell you for sure what the court will rule. Even if you pay a lawyer he will not tell you that - not in writing. Chances are that this will not even go to court and based the discussion on this thread its very unlikely if this will hold in any court.
BTW, how did he come up with the figure 3500? Is that the salary that was paid to you while you were working for another company? As somebody pointed out earlier if this was the money paid to you as compensation when you did not work for him then he might be reasonable in asking you to re-pay.
Let us know if you any information on what the 3500 figure is for.
An email does not mean anything. You can just ignore it. Unless you have a certified notice from court you have nothing to worry about.
My previous employer did not pay any thing additional, he paid for the hours i worked at the client place, this $3500 is for the last few days which he says the vendor is not paying as i did not give notice, so he expects me to reimburse it.
How can one expect desi employer to pay more, it would be a surprise if such thing happens.
I don't think anybody will tell you for sure what the court will rule. Even if you pay a lawyer he will not tell you that - not in writing. Chances are that this will not even go to court and based the discussion on this thread its very unlikely if this will hold in any court.
BTW, how did he come up with the figure 3500? Is that the salary that was paid to you while you were working for another company? As somebody pointed out earlier if this was the money paid to you as compensation when you did not work for him then he might be reasonable in asking you to re-pay.
Let us know if you any information on what the 3500 figure is for.
An email does not mean anything. You can just ignore it. Unless you have a certified notice from court you have nothing to worry about.
My previous employer did not pay any thing additional, he paid for the hours i worked at the client place, this $3500 is for the last few days which he says the vendor is not paying as i did not give notice, so he expects me to reimburse it.
How can one expect desi employer to pay more, it would be a surprise if such thing happens.
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rajeshalex
08-05 09:44 PM
PD Dec 2004 /EB2
140 pending since July 07
140 pending since July 07
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kawosa
12-25 09:42 AM
My PD is years after you folks.. just wanted to wish you good luck!
Calling all EB3 INDIA applicants with a PD before October 1, 2001.
Friends we have been current since November 1st of this year. Many of us still have not heard anything about our cases. If you have this PD you have already been waiting over 7 yrs. What should we do to get USCIS's attention to look at our cases. It seems service requests are useless. They send the same old letter to everyone and thesere is no action. Whats our best options. Lets gather and look at ideas on what we can do. We know USCIS is so random.
Friends this is very imp for us. We have already suffered the most and are the most behind in dates compared to any other Category and country. We waited in pain and silence for years for our PD to become current. Now it finally is but still we see no action. Guys speak up lets try to do all we can. In this economy last thing we need is a waste of our 7 yrs of waiting and our files falling through some crack because of a random USCIS process.
Any thoughts, ideas ? whats worked for others and whats not. Will we get our green cards while we are still alive ????????
Calling all EB3 INDIA applicants with a PD before October 1, 2001.
Friends we have been current since November 1st of this year. Many of us still have not heard anything about our cases. If you have this PD you have already been waiting over 7 yrs. What should we do to get USCIS's attention to look at our cases. It seems service requests are useless. They send the same old letter to everyone and thesere is no action. Whats our best options. Lets gather and look at ideas on what we can do. We know USCIS is so random.
Friends this is very imp for us. We have already suffered the most and are the most behind in dates compared to any other Category and country. We waited in pain and silence for years for our PD to become current. Now it finally is but still we see no action. Guys speak up lets try to do all we can. In this economy last thing we need is a waste of our 7 yrs of waiting and our files falling through some crack because of a random USCIS process.
Any thoughts, ideas ? whats worked for others and whats not. Will we get our green cards while we are still alive ????????
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priderock
08-13 04:09 PM
Just curious, why would any one file again just because they did not get the receipt for the first one (unless there is a legitimate concern like no Fedex/currier tracking for the first one , change of conditions like have second/better LC etc)?
What guarantees the second one will be accepted ? Just improving the odds ? Then, why stop at filing two applications ??
What guarantees the second one will be accepted ? Just improving the odds ? Then, why stop at filing two applications ??
andy garcia
06-05 01:09 PM
(d) Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.
You can read it 10 ways, but the CIS has only one interpretation(see bold below).
An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.
You can read it 10 ways, but the CIS has only one interpretation(see bold below).
An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
gcgreen
08-11 06:26 PM
IMO, the key criterion is "occupational classification" under which the new job falls under, not the technologies used. For example, it is logical to conclude that a Software Engineer position that requires programming in Java is in the same or similar occupational classification as a Software Engineer job that requires programming in .NET.
One could argue that .NET is a different technology than Java, but most if not all would agree they fall under the same/similar occupational classification.
So as long as you can make a strong case that the occupational classification for jobs is the same/similar, I don't think there is a problem.
Then again, I am not a lawyer and all that...
How much does technology come into picture? I changed jobs using AC21 and am on EAD, my new job utilizes only 50% of the skills from previous job and am getting trained in new technologies in the new job. I am not sure if the new employer will list all technologies mentioned in the labor, but will definitely list all those that are being used. Any comments?
One could argue that .NET is a different technology than Java, but most if not all would agree they fall under the same/similar occupational classification.
So as long as you can make a strong case that the occupational classification for jobs is the same/similar, I don't think there is a problem.
Then again, I am not a lawyer and all that...
How much does technology come into picture? I changed jobs using AC21 and am on EAD, my new job utilizes only 50% of the skills from previous job and am getting trained in new technologies in the new job. I am not sure if the new employer will list all technologies mentioned in the labor, but will definitely list all those that are being used. Any comments?
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