desi3933
03-22 10:43 AM
One has to remember that the famous "AC21" is also a memo!
......
AILA wants to fight this on the grounds that such directives cannot be mandated in the form of a memo, but laws have to be passed. What if USCIS retracts the AC21 memo on the same grounds?
Incorrect!
Get a hammering fact!
AC-21 is law (S. 2045) signed by then president Bill Clinton on October 17th, 2000. (Read again, AC-21 is law)
S. 2045 AC-21 law (http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2000_record&page=H9004&position=all)
next page (http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?position=all&page=H9005&dbname=2000_record)
President's Statement on Signing AC-21 law (http://www.presidency.ucsb.edu/ws/index.php?pid=1198)
________________
Not a legal advice.
......
AILA wants to fight this on the grounds that such directives cannot be mandated in the form of a memo, but laws have to be passed. What if USCIS retracts the AC21 memo on the same grounds?
Incorrect!
Get a hammering fact!
AC-21 is law (S. 2045) signed by then president Bill Clinton on October 17th, 2000. (Read again, AC-21 is law)
S. 2045 AC-21 law (http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2000_record&page=H9004&position=all)
next page (http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?position=all&page=H9005&dbname=2000_record)
President's Statement on Signing AC-21 law (http://www.presidency.ucsb.edu/ws/index.php?pid=1198)
________________
Not a legal advice.
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Vexir
06-04 08:11 PM
Chunk thats a nice one but it looks unnatural. Something about the white on the front...
morphthecat
04-19 07:00 AM
I had sent $100 a week or two back.
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shirish
02-05 04:44 PM
Hello everyone,
I was just thinking about this the past couple of months and maybe we dont even need to ask for Green cards. MAYBE our approach should be "Let the H4s work". Once husband and wife can both work, the green card can take its time. Right now the Biggest problem with most people is that "my spouse cannot work!". Maybe if we lobby for h4s to be eligible to work that may solve the problem.
Now before this suggestion creates a HUGE "Dhoom", this is JUST a suggestion. The current political climate does not look like it is going to be easy in any way to put any provisions for Green card increases. Besides if the logic is "Let temporary workers be temporary", this approach fits in with that logic, coz we are not asking for GCs (permanent residency), just more temporary EADs.
I agree to this to a certain extent, but along with "Spouse canot work" the other issue is getting tied to an employer and getting exploited as a result of that.
I was just thinking about this the past couple of months and maybe we dont even need to ask for Green cards. MAYBE our approach should be "Let the H4s work". Once husband and wife can both work, the green card can take its time. Right now the Biggest problem with most people is that "my spouse cannot work!". Maybe if we lobby for h4s to be eligible to work that may solve the problem.
Now before this suggestion creates a HUGE "Dhoom", this is JUST a suggestion. The current political climate does not look like it is going to be easy in any way to put any provisions for Green card increases. Besides if the logic is "Let temporary workers be temporary", this approach fits in with that logic, coz we are not asking for GCs (permanent residency), just more temporary EADs.
I agree to this to a certain extent, but along with "Spouse canot work" the other issue is getting tied to an employer and getting exploited as a result of that.
more...
pointlesswait
06-11 09:29 AM
Dude, sorry to hear abt that!
a friend of mine was involved in a rolling bumper car accident ... the lady comes back year and a half later and files a case aganist him..his insurance lawyers fought the case for him.... they won..
The question is..how fast was the car on impact...check with your iinsurance lawyers they may be able to assist you...
dont even think of running away..they issue arrest warrants for traffic ticket violations sometimes...so urs is a little serious..;)
-take it easy..
a friend of mine was involved in a rolling bumper car accident ... the lady comes back year and a half later and files a case aganist him..his insurance lawyers fought the case for him.... they won..
The question is..how fast was the car on impact...check with your iinsurance lawyers they may be able to assist you...
dont even think of running away..they issue arrest warrants for traffic ticket violations sometimes...so urs is a little serious..;)
-take it easy..
rkgc
12-29 05:44 PM
done, thanks for the link
more...
swamy
12-12 09:22 PM
However, as far as access to some information and benefits goes, this can be restricted to members. If you think this issue impacts you as severely as it does, why the hesitation to ensure something gets done about it, and get regular access to information and benefits without the clutter?
jazz
I guess you are talking about premium membership like wsj etc. I am not sure a free exchange of ideas can occur if we put our membership for sale by restricting access to some parts of the website. IV will lose some of its sheen and I am not sure the tradeoff in membership $ is worth it- dunno just doesn't feel right in the gut
jazz
I guess you are talking about premium membership like wsj etc. I am not sure a free exchange of ideas can occur if we put our membership for sale by restricting access to some parts of the website. IV will lose some of its sheen and I am not sure the tradeoff in membership $ is worth it- dunno just doesn't feel right in the gut
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chintu25
07-20 01:21 PM
Date Delivered To USCIS: July 2nd 2007
Time Delivered To USCIS: unknown
Service Center: TSC, NSC etc. Texas
Rejected: Dont Know
Time Delivered To USCIS: unknown
Service Center: TSC, NSC etc. Texas
Rejected: Dont Know
more...
morphthecat
04-19 07:00 AM
I had sent $100 a week or two back.
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h1techSlave
03-10 06:50 PM
I feel the same. I do not remember reading anywhere that 600K EB 485s are pending.
The 600K+ number must include EB+FB
The 600K+ number must include EB+FB
more...
Refugee_New
10-17 06:03 PM
How abt filing a lawsuit with USCIS?
Sue USCIS just because we are not getting good exchange rate from ICICI?????
Sue USCIS just because we are not getting good exchange rate from ICICI?????
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nixstor
05-23 04:42 PM
dude..i not not looking for a character certificate from anyone here!
when someone can leave me a foul message why shouln't I..!
to avoid abuse of the system..let the dot givers identity be known to all!
i just raised the question...i am not doubting the intention of IV!
true...its the attitude...why is eveyonne taking it personally! (singhsa3)
I believe it was partly because you started rubbing it the wrong way
I don't know what your intention was in putting "Saar, please support bill Saar". It sounded as if like you were looking down on the guys who were calling and who requested them to call.
You probably wanted to underscore that what we are doing is not going to help and wanted to recommend some thing else, but your expression did not help.
That said, I don't leave red dots to any one.
My 2 cents.
when someone can leave me a foul message why shouln't I..!
to avoid abuse of the system..let the dot givers identity be known to all!
i just raised the question...i am not doubting the intention of IV!
true...its the attitude...why is eveyonne taking it personally! (singhsa3)
I believe it was partly because you started rubbing it the wrong way
I don't know what your intention was in putting "Saar, please support bill Saar". It sounded as if like you were looking down on the guys who were calling and who requested them to call.
You probably wanted to underscore that what we are doing is not going to help and wanted to recommend some thing else, but your expression did not help.
That said, I don't leave red dots to any one.
My 2 cents.
more...
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ajs4123
11-01 12:51 PM
I also got email from CRIS last night stating that my I-129 has been reopened.
I have a very simple immigration history:
I-129 filed and approved April 2005, petition expires 3/30/2008; only ever worked for this same company.
No H-1B extensions ever filed, no H-1B transfers ever done, no previous history of US immigration prior to April 2005.
Labor, I-140 and I-485 were filed November 2006; I-140 approved February 2007, I-485 approved June 2007, EB2 green card arrived June 2007.
There was a LUD on the I-140, in August, but that was about the same time as a bunch of other people got LUDs on cases starting SRC07... seems like I can disregard that.
There was also a LUD on the I-129 without a status change later in August. No explanation for that was apparent.
And now I get a notice on 10/23/2007 saying that the I-129 has been re-opened and that something will happen within the next 30 days. I'll be sure to keep you all updated if I get anything like an actual I-797 notice through the mail.
Did anyone else get anything on October 23rd?
Ok, so we figured it out. The case really has been re-opened... soon after I got the GC, apparently the attorneys wrote to USCIS and informed them that I'd no longer be working for my company in H status but rather in LPR status.
They asked USCIS to withdraw the LCA and the I-129 petition, so it's normal that the case eventually gets re-opened.
We're expected that USCIS will subsequently revoke the original I-129 sometime within the 30 day period that CRIS mentioned.
If anyone else is in the same boat, there's nothing at all to worry about... as long as your current status remains valid.
Any idea why it's important for the attorneys to notify USCIS that I'm no longer a H worker? The petition would expire next March anyway...
I have a very simple immigration history:
I-129 filed and approved April 2005, petition expires 3/30/2008; only ever worked for this same company.
No H-1B extensions ever filed, no H-1B transfers ever done, no previous history of US immigration prior to April 2005.
Labor, I-140 and I-485 were filed November 2006; I-140 approved February 2007, I-485 approved June 2007, EB2 green card arrived June 2007.
There was a LUD on the I-140, in August, but that was about the same time as a bunch of other people got LUDs on cases starting SRC07... seems like I can disregard that.
There was also a LUD on the I-129 without a status change later in August. No explanation for that was apparent.
And now I get a notice on 10/23/2007 saying that the I-129 has been re-opened and that something will happen within the next 30 days. I'll be sure to keep you all updated if I get anything like an actual I-797 notice through the mail.
Did anyone else get anything on October 23rd?
Ok, so we figured it out. The case really has been re-opened... soon after I got the GC, apparently the attorneys wrote to USCIS and informed them that I'd no longer be working for my company in H status but rather in LPR status.
They asked USCIS to withdraw the LCA and the I-129 petition, so it's normal that the case eventually gets re-opened.
We're expected that USCIS will subsequently revoke the original I-129 sometime within the 30 day period that CRIS mentioned.
If anyone else is in the same boat, there's nothing at all to worry about... as long as your current status remains valid.
Any idea why it's important for the attorneys to notify USCIS that I'm no longer a H worker? The petition would expire next March anyway...
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walking_dude
11-14 10:05 AM
Update : OUR Enemies are actively supporting LOU Dobbs (http://www.alipac.us/ftopic-91255-0-days0-orderasc-.html). While EB Immigrants are sleeping!
Lou "Liar" Dobbs is coming to Michigan to poison the minds of Michiganders against foreigners with his populist nativism.
Per WWJ 950 - " In recent books, he has tackled issues that are close to Michigan, including outsourcing of American manufacturing, immigration and what he has called "The War On The Middle Class."
Rest assured he'll be blaming the Auto Crisis on Immigrants just like he blames increase in crime, TB, leprosy etc. on Immigrants. This is happening as EB Immigrants in Michigan are content in their "masterly inactivity".
Don't be suprised if you start receiving dirty looks from American co-workers at your worksite. Worst case you and your family may get mugged by a stranger who has been fired up by the recent "progressive" baloney that cheap foreign labor is preventing "minority" communities from receiving their fair share of STEM jobs.
If such unfortunate incidents increase in the future, you know whom to blame - YOU. If only you were more active in protecting your interests, such incidents could've been avoided.
Your enemies are working 24 x 7 to kick you and your family out. Are you working equally hard to protect your family?
Here's the link
http://www.wwj.com/Lou-Dobbs:--The-Middle-Class-And-The-American-Spir/1168354
Contact - http://www.wwj.com/pages/7288.php
Sample Letter
---------------
Dear News Editor(s),
As a WWJ 950 listener and an immigrant living in Michigan, I am concerned about the negative impacts on immigrants by the airing of your show "WWJ Business Breakfast" with Mr. LOU DOBBS, which is scheduled to air on Nov 29 between 8 a.m. - 9:30 a.m.
Mr. Dobbs is known for his strong views against immigrants, including considering immigrants to be responsible for the spread of incurable diseases such as Drug-resistant Tuberculosis, Leprosy etc. From past experience on CNN, he is also highly likely to blame the current crisis in Auto Industry to the so-called "importation of cheap labor from third world countries".
He is known to make exaggerated statements such as "Four hundred thousand H1Bs granted in a year" where as facts show otherwise. As per government figures, federal government awarded 124,096 H-1B visas in the fiscal year ending October 2005, the most recent annual totals available. That includes renewed visas, which don't count against the annual cap. These dramatic exaggerations distort the reality and provide a falsified alarmist view of the situation; which works against the interests of Immigrants ,businesses and American economy.
In the interests of fairness, you should also air the counter-views while providing coverage to such strong one-sided views. This would provide a balanced coverage to your viewers.
In the absence of such unbiased coverage, Mr. Dobbs verbal attacks may provoke physical attacks against foreigners as well as any foreign-looking persons by misguided elements provoked by your show. If such incidents do happen, please understand that your network will be indirectly responsible and liable to the foreigners affected.
As a concerned party I would like to know -
1) What action your network is taking to provide coverage of the other point of view, in the interests of fairness?
2) What action is your network taking to ensure that Lou Dobbs verbal attacks on foreigners do not translate into physical attacks on foreigners living in Michigan?
3) What action is your network taking to ensure that Lou Dobbs doesn't use exaggerated falsifications to justify his views. providing your listeners a wrong picture?
Appreciate hearing from you soon.
Yours sincerely,
xxxxx
Phone: 1-xxx-xxx-xxxx
E-mail : xxxxx@somemail.com
---------------------------------------------------------------------
Lou "Liar" Dobbs is coming to Michigan to poison the minds of Michiganders against foreigners with his populist nativism.
Per WWJ 950 - " In recent books, he has tackled issues that are close to Michigan, including outsourcing of American manufacturing, immigration and what he has called "The War On The Middle Class."
Rest assured he'll be blaming the Auto Crisis on Immigrants just like he blames increase in crime, TB, leprosy etc. on Immigrants. This is happening as EB Immigrants in Michigan are content in their "masterly inactivity".
Don't be suprised if you start receiving dirty looks from American co-workers at your worksite. Worst case you and your family may get mugged by a stranger who has been fired up by the recent "progressive" baloney that cheap foreign labor is preventing "minority" communities from receiving their fair share of STEM jobs.
If such unfortunate incidents increase in the future, you know whom to blame - YOU. If only you were more active in protecting your interests, such incidents could've been avoided.
Your enemies are working 24 x 7 to kick you and your family out. Are you working equally hard to protect your family?
Here's the link
http://www.wwj.com/Lou-Dobbs:--The-Middle-Class-And-The-American-Spir/1168354
Contact - http://www.wwj.com/pages/7288.php
Sample Letter
---------------
Dear News Editor(s),
As a WWJ 950 listener and an immigrant living in Michigan, I am concerned about the negative impacts on immigrants by the airing of your show "WWJ Business Breakfast" with Mr. LOU DOBBS, which is scheduled to air on Nov 29 between 8 a.m. - 9:30 a.m.
Mr. Dobbs is known for his strong views against immigrants, including considering immigrants to be responsible for the spread of incurable diseases such as Drug-resistant Tuberculosis, Leprosy etc. From past experience on CNN, he is also highly likely to blame the current crisis in Auto Industry to the so-called "importation of cheap labor from third world countries".
He is known to make exaggerated statements such as "Four hundred thousand H1Bs granted in a year" where as facts show otherwise. As per government figures, federal government awarded 124,096 H-1B visas in the fiscal year ending October 2005, the most recent annual totals available. That includes renewed visas, which don't count against the annual cap. These dramatic exaggerations distort the reality and provide a falsified alarmist view of the situation; which works against the interests of Immigrants ,businesses and American economy.
In the interests of fairness, you should also air the counter-views while providing coverage to such strong one-sided views. This would provide a balanced coverage to your viewers.
In the absence of such unbiased coverage, Mr. Dobbs verbal attacks may provoke physical attacks against foreigners as well as any foreign-looking persons by misguided elements provoked by your show. If such incidents do happen, please understand that your network will be indirectly responsible and liable to the foreigners affected.
As a concerned party I would like to know -
1) What action your network is taking to provide coverage of the other point of view, in the interests of fairness?
2) What action is your network taking to ensure that Lou Dobbs verbal attacks on foreigners do not translate into physical attacks on foreigners living in Michigan?
3) What action is your network taking to ensure that Lou Dobbs doesn't use exaggerated falsifications to justify his views. providing your listeners a wrong picture?
Appreciate hearing from you soon.
Yours sincerely,
xxxxx
Phone: 1-xxx-xxx-xxxx
E-mail : xxxxx@somemail.com
---------------------------------------------------------------------
more...
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sledge_hammer
01-31 09:46 AM
- from immigration-law.com
After we reported this news, we learned that there were some readers who gravely misunderstood the "final" rule making process. They were confused with the "proposed" rule making process. In the final rule making process, there is no comment period before the rule takes effect. On the date when the final rule is published in the federal register, it becomes a binding rule and the rule-making process is complete. Certain provisions in the final rule may take effect on certain specific later date or dates, but the rule itself becomes a binding law on the date of publication of the rule in the federal register. Accordingly, unless the DOL changed the proposed rule, substitution of the beneficiary of the labor certification will be eliminated on the date of publication which includes the substitution of the beneficiary in the pending labor certification by amendment as well as the substitution of the beneficiary in the approved labor certification. For those who filed the substitution I-140 petition, the proposed rule provided that only "substitution approved" on the date of publication of the rule would survive. Substitution approved can be interpreted to mean approval of the substitution I-140 petition. For the 45-day validity of the certified labor certification, under the proposed rule, the certified labor certification on the date of publication was supposed to have 45 days to file the I-140 petitions. For the labor certifications which are approved after publication of the final rule must file the I-140 petitions within 45 days from the date of certification.
The DOL could have changed part of the proposed rules in the final rule and the readers are cautioned to wait for the release of the final rule before they jump into any conclusion and take a misguided action.
1. I was wondering how this rule would affect people like me. My labor has been approved and its been about 50 days. I will be applying for I-140 this week. Will this 45-day rule affect me?
2. If what is stated in immigrationportal about the labor substitution is true, then we don't have any real benefit from the this rule, because all labors certified before the implementation of this rule are not bound by the 45-days time constraint?!? All the so called desi companies may not sell the labors, but would not spend money to cancel it either. So those old labors are going waste as they are still active.
After we reported this news, we learned that there were some readers who gravely misunderstood the "final" rule making process. They were confused with the "proposed" rule making process. In the final rule making process, there is no comment period before the rule takes effect. On the date when the final rule is published in the federal register, it becomes a binding rule and the rule-making process is complete. Certain provisions in the final rule may take effect on certain specific later date or dates, but the rule itself becomes a binding law on the date of publication of the rule in the federal register. Accordingly, unless the DOL changed the proposed rule, substitution of the beneficiary of the labor certification will be eliminated on the date of publication which includes the substitution of the beneficiary in the pending labor certification by amendment as well as the substitution of the beneficiary in the approved labor certification. For those who filed the substitution I-140 petition, the proposed rule provided that only "substitution approved" on the date of publication of the rule would survive. Substitution approved can be interpreted to mean approval of the substitution I-140 petition. For the 45-day validity of the certified labor certification, under the proposed rule, the certified labor certification on the date of publication was supposed to have 45 days to file the I-140 petitions. For the labor certifications which are approved after publication of the final rule must file the I-140 petitions within 45 days from the date of certification.
The DOL could have changed part of the proposed rules in the final rule and the readers are cautioned to wait for the release of the final rule before they jump into any conclusion and take a misguided action.
1. I was wondering how this rule would affect people like me. My labor has been approved and its been about 50 days. I will be applying for I-140 this week. Will this 45-day rule affect me?
2. If what is stated in immigrationportal about the labor substitution is true, then we don't have any real benefit from the this rule, because all labors certified before the implementation of this rule are not bound by the 45-days time constraint?!? All the so called desi companies may not sell the labors, but would not spend money to cancel it either. So those old labors are going waste as they are still active.
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gaz
09-17 02:01 PM
and there are 11 amendments and speaker wants them to be sent to the chair of immigration...mr smith stalling
go zoe go...push this through ...
http://judiciary.edgeboss.net/real-live/judiciary/17223/56_judiciary-coj_2141_070212.smi
i'm using realplayer
go zoe go...push this through ...
http://judiciary.edgeboss.net/real-live/judiciary/17223/56_judiciary-coj_2141_070212.smi
i'm using realplayer
more...
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praky
04-16 01:45 PM
I got soft LUD on 4/10 and a hard LUD on my wife's application on 4/13. My attorney recd the RFE today and informed that USCIS is requesting evidence of my marriage to be bonafide.
My attorney is asking for additional legal fees for replying to RFE. Gurus, do you think I should pay to the attorney or can I just reply to USCIS with evidence?
Thanks,
Praky
My attorney is asking for additional legal fees for replying to RFE. Gurus, do you think I should pay to the attorney or can I just reply to USCIS with evidence?
Thanks,
Praky
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gsc999
07-19 05:33 PM
Zoom, thanks for the initiative. Just wanted to make sure if there are any legality issues behind core accessing the IV funds for administrative costs. Because once we donate it to IV funds(unless there is a provision for them to access that money as reimbursement administrative cost) it may not serve the intended purpose.
WE ARE WAITING FOR THE RESPONSE FROM CORE TEAM ABOUT THIS IMPORTANT ISSUE.
Or maybe, a member who is a CPA, probably can answer this question?
WE ARE WAITING FOR THE RESPONSE FROM CORE TEAM ABOUT THIS IMPORTANT ISSUE.
Or maybe, a member who is a CPA, probably can answer this question?
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danielp78
06-07 09:00 AM
This is the kind of attitude that we must have in life. Not just in our immigration matters, but as general view of what life is and how to get things done.
If you want to change things, you have fight for it. And remember, trying to change the law is not against the law.
If you want to change things, you have fight for it. And remember, trying to change the law is not against the law.
chanukya
02-06 11:11 AM
Yes--Universties--come under non-profit as per INS, hence exempted from quota, but not Elem/Middle/High schools.
I got my H1B from a University starting Aug. As far as I understand, there is no H1B quota for non-profit. I also have a US degree. There is a separate H1B quota for US educated.
I don't know where I was plugged in. I don't remember any details.
I got my H1B from a University starting Aug. As far as I understand, there is no H1B quota for non-profit. I also have a US degree. There is a separate H1B quota for US educated.
I don't know where I was plugged in. I don't remember any details.
wellwishergc
12-16 06:20 AM
That was a very interesting roller-coaster ride. By the way, if you ever decide to make movies, count on me to watch them:). Your story-telling talent is fabulous.
Your experience does give hope to lot of us. Thanks for posting. Enjoy your freedom and the holiday season!!!
When GCSOON-Ihope becomes GC-IgotIt!
Guys, guess what I am holding in my hand? Yes, that bit of plastic, object of our fantasies �.and nightmares. After filing Writ of Mandamus on November 1st, things went amazingly quickly and smoothly: on December 1st, the US attorney gave confirmation that the case has been approved and I received the card in the mail on 12/07.
What did I feel then? Really indescribable�Happy? It goes way beyond that.
I feel more relieved than anything else, like if I had a ton of lead off my shoulders�
May my story inspire, give hope and faith to all of you guys who are so depressed at the moment because of what happened, or did not happen should I say, in that shameful Congress.
As you will see, I had my head in a brick wall more than once. More than once, I was devastated and, still, I never gave up and made it through.
So, please, enjoy the holidays: as long as there is life, there is hope.
I know something about it:
Come here in 1993 as a student on F1 visa. Graduate and got Work Permit (OPT).
Find dream job in dream company. Hired directly by CEO himself.
Company loves me and applies right away for H1 and then Labor Cert.
Life is beautiful. The start of the American Dream. Not for long.
Attorney has been working for company for years. Always successfully.
Picks me for his first failure: screws up completely.
H1 denied. Labor Cert denied. Company gets mad: attorney is fired.
OPT runs out: company still loves me but�I am now out of status and�fired too.
Welcome to America. Life has turned dark. The start of my American Nightmare.
I am disgusted. Decide to go back to my home country (France).
I miss California. Find new company that loves me: apply for H1 again (this time, I am paying all fees, out of my meager savings).
H1 is approved, got stamp at embassy in Paris. I am back. Life is beautiful again.
Not for long. Exactly 2 hours (no kidding).
Find out that company is a sweat-shop and boss is a crook.
Pays me half (yes, half) what he was supposed to.
Go to INS to complain: �If you are not happy, go back to your home country�.
I swear that it is exactly what I am told.
Consult attorneys for a possible lawsuit: � Alas, your situation happens more often than you can imagine. Many unscrupulous employers use and abuse of would-be immigrants like you. Don�t waste your time and money in a lawsuit, just find yourself a new job�and be more careful this time�.
I am broke. Can�t even go back �home� and anyway I don�t want to.
Not with just my tail between my legs for the second time.
Home is here. I want my American Dream and I will get it, no matter what.
Decide to swallow my pride and endure the humiliation until I can find new employer willing to sponsor new H1 and pay all fees. I just can�t afford anything as I am hardly surviving.
Employer wants to fire me: �you are always complaining about the money�.
I have to threaten him (yes I did) to report his company to Dept. of Labor (most his employees are illegals and as abused as I am, not getting paid for overtime and so on�).
Imagine in what kind of atmosphere I am working�but I need this job to remain legal until I can find something else.
For sure, I will be out of there within a couple months at the most.
Don�t know yet that this nightmare will last�2 years. Still can�t believe it.
Had I known, I would have fled the first day, no matter what.
In my specialty, jobs are not easy to find.
Not to mention that this time, I have to be very �choosy��
Companies that I approach:
a) don�t want to hear about immigration or
b) don�t want to pay attorney fees or
c) don�t want to pay at least prevailing wage or
d) all of the above
All doors seem to be closed.
I have never felt that bad in my life: go see the doctor.
�You have all the symptoms of someone who is having�a nervous depression.
Do you want me to refer you to a good psy who could help you?�
No, thanks. I know why I am sick.
Finally find new company that loves me: apply for new H1 and they pay all fees.
H1 approved.
This time, I am holding my breath. We are now in December 2000. Seven years since I first came in the US. Time flies�and no GC in sight.
Job is nice, company is nice. Recovering from depression.
Boss loves me: decides to start for me RIR Labor in�.May 2001.
Yes, one month after that damn month of April 2001. You know what I mean.
Six months of advertising.
PD is January 2002.
Labor Cert approved �in July 2004. Concurrent filing I-140/I-485 in August 2004.
Get EAD. FP in September 2004.
Things change: company is now going down. Boss still loves me but�lays me off.
(Re)(Re) Start of my American Nightmare?
Attorney says: �Don�t worry (!!!) Employer loves you. Won�t revoke I-140. GC is for future job. Find new H1 job to maintain status and see what happens�.
This time, I am lucky (!) and find right away new H1 job. Company is OK, job is OK.
Later, previous company nicely recovers: got rehired!
Only thing: I will have to pay all fees from now on. Don�t care. Back on the right track.
Do Medical in April 2005.
I-140 approved in May 2005�but visas are now �Unavailable�. Nothing to worry about.
October is around the corner and new numbers will be available, right?
Just a few more months and I will have my GC. Wrong.
October bulletin comes out. EB3 World is back to March 2001 (PD is 01/2002).
I swear that I almost s..t in my pants. When is too much�just too much?
How much more frustration and anguish can I endure? More, much more.
By rage and stress, I pack up an extra 20 lbs in just a few months.
Most people lose weight when they are under extreme stress and/or depression, I do the opposite. I am now 40 lbs overweight.
Second EAD. FP again in October 2005. Life is paced by visa bulletins�
September 2006 bulletin comes out: EB3 World has now passed my PD.
I am holding my breath again. Rightly so, for the umpteenth time.
Third EAD.
Wait 2 weeks and start inquiring about the status of my application.
Call so-called �Customer service�: as usual they know jack s..t.
�Your application is still pending�. Thanks, I already knew that.
Make Infopass appointment at Los Angeles downtown office.
�Sir, I can�t tell you anything specific because your case is at the Laguna Niguel office.
Contact them at: CSC-XII@dhs.gov�
E-mail #1 on 09/18: (�) Status of my case? (�)
Response on 09/27: �the I-485 at question is still pending FBI name check clearance.
Once the file has been cleared by FBI, it will be adjudicated. The service has no control on how long it takes FBI to clear the case�.
E-mail #2 on 09/27: (�) When was that initiated? (�)
Response on 10/02: (�) On or about 08/19/2004. (�)
This time, I surprise myself: I am one more time devastated but remain strangely calm.
Even laugh about it. Nervously. Too much is just too much.
I had heard about that Name Check aberration before but had ignored it.
Like most people involved in that GC mess, I refused to worry in advance.
One bridge to cross at the time, please.
Weirdly enough, I am now almost relieved. Why? Because for the first time ever, I can be proactive and I CAN ACT!
I call my lawyer and tell her about those 2 e-mails: �That�s good enough to file Writ of Mandamus. That summarizes the whole situation, we don�t need anything else�.
WOM is filed on November 1st.
(I requested FOIPA and contacted Senators, President, Vice-President etc, etc�
only later just in case we would have needed more ammunitions).
After that, things go fast:
11/ 29: without any warning (!), LUD: �Your card has been ordered�.
12/01: confirmation from the Assistant US Attorney that my case has been approved.
12/04 LUD: �Your case has been approved�.
(So, they notify you that the card has been ordered�before notifying that the case has been approved�).
12/05: receive Approval Notice in the mail and my attorney indicates that she will then dismiss the Mandamus complaint.
12/07: receive the Magic Card in the mail (regular mail, even not certified, unbelievable�).
What a timing! Could I dream of a better Christmas Gift?
Who said Papa Noel/Santa or Banta Claus/Little Red Riding Hood did not exist?
:) ;) :) ;) :) ;) :) ;) :)
Your experience does give hope to lot of us. Thanks for posting. Enjoy your freedom and the holiday season!!!
When GCSOON-Ihope becomes GC-IgotIt!
Guys, guess what I am holding in my hand? Yes, that bit of plastic, object of our fantasies �.and nightmares. After filing Writ of Mandamus on November 1st, things went amazingly quickly and smoothly: on December 1st, the US attorney gave confirmation that the case has been approved and I received the card in the mail on 12/07.
What did I feel then? Really indescribable�Happy? It goes way beyond that.
I feel more relieved than anything else, like if I had a ton of lead off my shoulders�
May my story inspire, give hope and faith to all of you guys who are so depressed at the moment because of what happened, or did not happen should I say, in that shameful Congress.
As you will see, I had my head in a brick wall more than once. More than once, I was devastated and, still, I never gave up and made it through.
So, please, enjoy the holidays: as long as there is life, there is hope.
I know something about it:
Come here in 1993 as a student on F1 visa. Graduate and got Work Permit (OPT).
Find dream job in dream company. Hired directly by CEO himself.
Company loves me and applies right away for H1 and then Labor Cert.
Life is beautiful. The start of the American Dream. Not for long.
Attorney has been working for company for years. Always successfully.
Picks me for his first failure: screws up completely.
H1 denied. Labor Cert denied. Company gets mad: attorney is fired.
OPT runs out: company still loves me but�I am now out of status and�fired too.
Welcome to America. Life has turned dark. The start of my American Nightmare.
I am disgusted. Decide to go back to my home country (France).
I miss California. Find new company that loves me: apply for H1 again (this time, I am paying all fees, out of my meager savings).
H1 is approved, got stamp at embassy in Paris. I am back. Life is beautiful again.
Not for long. Exactly 2 hours (no kidding).
Find out that company is a sweat-shop and boss is a crook.
Pays me half (yes, half) what he was supposed to.
Go to INS to complain: �If you are not happy, go back to your home country�.
I swear that it is exactly what I am told.
Consult attorneys for a possible lawsuit: � Alas, your situation happens more often than you can imagine. Many unscrupulous employers use and abuse of would-be immigrants like you. Don�t waste your time and money in a lawsuit, just find yourself a new job�and be more careful this time�.
I am broke. Can�t even go back �home� and anyway I don�t want to.
Not with just my tail between my legs for the second time.
Home is here. I want my American Dream and I will get it, no matter what.
Decide to swallow my pride and endure the humiliation until I can find new employer willing to sponsor new H1 and pay all fees. I just can�t afford anything as I am hardly surviving.
Employer wants to fire me: �you are always complaining about the money�.
I have to threaten him (yes I did) to report his company to Dept. of Labor (most his employees are illegals and as abused as I am, not getting paid for overtime and so on�).
Imagine in what kind of atmosphere I am working�but I need this job to remain legal until I can find something else.
For sure, I will be out of there within a couple months at the most.
Don�t know yet that this nightmare will last�2 years. Still can�t believe it.
Had I known, I would have fled the first day, no matter what.
In my specialty, jobs are not easy to find.
Not to mention that this time, I have to be very �choosy��
Companies that I approach:
a) don�t want to hear about immigration or
b) don�t want to pay attorney fees or
c) don�t want to pay at least prevailing wage or
d) all of the above
All doors seem to be closed.
I have never felt that bad in my life: go see the doctor.
�You have all the symptoms of someone who is having�a nervous depression.
Do you want me to refer you to a good psy who could help you?�
No, thanks. I know why I am sick.
Finally find new company that loves me: apply for new H1 and they pay all fees.
H1 approved.
This time, I am holding my breath. We are now in December 2000. Seven years since I first came in the US. Time flies�and no GC in sight.
Job is nice, company is nice. Recovering from depression.
Boss loves me: decides to start for me RIR Labor in�.May 2001.
Yes, one month after that damn month of April 2001. You know what I mean.
Six months of advertising.
PD is January 2002.
Labor Cert approved �in July 2004. Concurrent filing I-140/I-485 in August 2004.
Get EAD. FP in September 2004.
Things change: company is now going down. Boss still loves me but�lays me off.
(Re)(Re) Start of my American Nightmare?
Attorney says: �Don�t worry (!!!) Employer loves you. Won�t revoke I-140. GC is for future job. Find new H1 job to maintain status and see what happens�.
This time, I am lucky (!) and find right away new H1 job. Company is OK, job is OK.
Later, previous company nicely recovers: got rehired!
Only thing: I will have to pay all fees from now on. Don�t care. Back on the right track.
Do Medical in April 2005.
I-140 approved in May 2005�but visas are now �Unavailable�. Nothing to worry about.
October is around the corner and new numbers will be available, right?
Just a few more months and I will have my GC. Wrong.
October bulletin comes out. EB3 World is back to March 2001 (PD is 01/2002).
I swear that I almost s..t in my pants. When is too much�just too much?
How much more frustration and anguish can I endure? More, much more.
By rage and stress, I pack up an extra 20 lbs in just a few months.
Most people lose weight when they are under extreme stress and/or depression, I do the opposite. I am now 40 lbs overweight.
Second EAD. FP again in October 2005. Life is paced by visa bulletins�
September 2006 bulletin comes out: EB3 World has now passed my PD.
I am holding my breath again. Rightly so, for the umpteenth time.
Third EAD.
Wait 2 weeks and start inquiring about the status of my application.
Call so-called �Customer service�: as usual they know jack s..t.
�Your application is still pending�. Thanks, I already knew that.
Make Infopass appointment at Los Angeles downtown office.
�Sir, I can�t tell you anything specific because your case is at the Laguna Niguel office.
Contact them at: CSC-XII@dhs.gov�
E-mail #1 on 09/18: (�) Status of my case? (�)
Response on 09/27: �the I-485 at question is still pending FBI name check clearance.
Once the file has been cleared by FBI, it will be adjudicated. The service has no control on how long it takes FBI to clear the case�.
E-mail #2 on 09/27: (�) When was that initiated? (�)
Response on 10/02: (�) On or about 08/19/2004. (�)
This time, I surprise myself: I am one more time devastated but remain strangely calm.
Even laugh about it. Nervously. Too much is just too much.
I had heard about that Name Check aberration before but had ignored it.
Like most people involved in that GC mess, I refused to worry in advance.
One bridge to cross at the time, please.
Weirdly enough, I am now almost relieved. Why? Because for the first time ever, I can be proactive and I CAN ACT!
I call my lawyer and tell her about those 2 e-mails: �That�s good enough to file Writ of Mandamus. That summarizes the whole situation, we don�t need anything else�.
WOM is filed on November 1st.
(I requested FOIPA and contacted Senators, President, Vice-President etc, etc�
only later just in case we would have needed more ammunitions).
After that, things go fast:
11/ 29: without any warning (!), LUD: �Your card has been ordered�.
12/01: confirmation from the Assistant US Attorney that my case has been approved.
12/04 LUD: �Your case has been approved�.
(So, they notify you that the card has been ordered�before notifying that the case has been approved�).
12/05: receive Approval Notice in the mail and my attorney indicates that she will then dismiss the Mandamus complaint.
12/07: receive the Magic Card in the mail (regular mail, even not certified, unbelievable�).
What a timing! Could I dream of a better Christmas Gift?
Who said Papa Noel/Santa or Banta Claus/Little Red Riding Hood did not exist?
:) ;) :) ;) :) ;) :) ;) :)
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