gc_peshwa
01-10 12:22 PM
That seems to be the way where this is heading. Would this be another july fiasco?.
I dont mean to sound negative but I desperately need a way to file I-485 for my wife to get EAD. She has been rejected twice just coz she did not have a work permit/or was not a GC holder/citizen.
Mind you she has a brilliant engineering academic record and worked in India for 2 years a Java programmer before marrying me :mad:
I don't know if USCIS has "wasted" visa numbers but just like the Government has been "borrowing" money from future why cant they borrow "visa numbers" from future (or even past for that matter)...does sound ridiculous :eek: The economy is in recession for last 2 years for sure. Less and less number of folks are filing for GC. I would expect the EB1 numbers spilling over big time to EB2. That has not happened. Its been 3 loooong years after the July 07 fiasco and USCIS still doesnt have enough numbers to clear the backlog...this is BS.
Bottomline is we do need USCIS to advance the dates rapidly enough so that thousands like me can be relieved of their daily ordeal in US....sorry for the selfish thought..:o I just had a shot of tequila....
I dont mean to sound negative but I desperately need a way to file I-485 for my wife to get EAD. She has been rejected twice just coz she did not have a work permit/or was not a GC holder/citizen.
Mind you she has a brilliant engineering academic record and worked in India for 2 years a Java programmer before marrying me :mad:
I don't know if USCIS has "wasted" visa numbers but just like the Government has been "borrowing" money from future why cant they borrow "visa numbers" from future (or even past for that matter)...does sound ridiculous :eek: The economy is in recession for last 2 years for sure. Less and less number of folks are filing for GC. I would expect the EB1 numbers spilling over big time to EB2. That has not happened. Its been 3 loooong years after the July 07 fiasco and USCIS still doesnt have enough numbers to clear the backlog...this is BS.
Bottomline is we do need USCIS to advance the dates rapidly enough so that thousands like me can be relieved of their daily ordeal in US....sorry for the selfish thought..:o I just had a shot of tequila....
wallpaper Honda - CRX - Maurice Crx Del
StuckInTheMuck
05-01 09:50 AM
I heard it is six months. But someone should clarify whether its 6 or 1 yr. And also it is really necessary to work for 6 months/1 Yr or not??
I doubt if any one can clarify this question more than what is already said so far. Neither DHS nor USCIS specified the minimum time one should stay with the (GC-sponsoring) employer after becoming PR. At the end it comes down to establishing your intention, that is, making sure your decision does not raise a red flag when USCIS pulls up your employment history later (during your citizenship interview, or if something else triggers a background check, e.g. your employer being investigated for a potential fraud). There are mitigating circumstances that should help if you leave early, such as being laid off soon after becoming PR, or as someone pointed out, if you invoked AC21 while waiting for GC etc. (These are things I admit I do not know much about, as my own GC was self-sponsored.) We are talking intangibles here, and you are unlikely to find any set-in-stone rule.
Having said that, your decision should not (read never) be dictated entirely by how USCIS may interpret your intention. There are other priorities, such as family, that should come first and foremost. After years of letting USCIS be the lord-and-master while we waited for GC, it is high time we step up and take control of our life. Besides, after looking up several threads over quite some time, I did not come across a single case of anyone being denied citizenship, or having GC revoked, on employment history alone. (The biggest deciding factor has almost always been "moral character".) Knowing the importance of this issue, if any of you have read (not heard from a friend of a friend of a friend of a...) a counter example where someone indeed faced problem because of employment, please post the link.
I doubt if any one can clarify this question more than what is already said so far. Neither DHS nor USCIS specified the minimum time one should stay with the (GC-sponsoring) employer after becoming PR. At the end it comes down to establishing your intention, that is, making sure your decision does not raise a red flag when USCIS pulls up your employment history later (during your citizenship interview, or if something else triggers a background check, e.g. your employer being investigated for a potential fraud). There are mitigating circumstances that should help if you leave early, such as being laid off soon after becoming PR, or as someone pointed out, if you invoked AC21 while waiting for GC etc. (These are things I admit I do not know much about, as my own GC was self-sponsored.) We are talking intangibles here, and you are unlikely to find any set-in-stone rule.
Having said that, your decision should not (read never) be dictated entirely by how USCIS may interpret your intention. There are other priorities, such as family, that should come first and foremost. After years of letting USCIS be the lord-and-master while we waited for GC, it is high time we step up and take control of our life. Besides, after looking up several threads over quite some time, I did not come across a single case of anyone being denied citizenship, or having GC revoked, on employment history alone. (The biggest deciding factor has almost always been "moral character".) Knowing the importance of this issue, if any of you have read (not heard from a friend of a friend of a friend of a...) a counter example where someone indeed faced problem because of employment, please post the link.
praky
08-04 09:10 PM
Thanks ak27... based on your suggestion, I have started enquiry on my case through congressman.
I also talked to second level I/O and she told me that it may be due to pending biometrics (what a relief to hear that). She didn't give me any other details so still not sure what's going (no SLUDs yet). I haven't recd any finger print notice since my first one in sep'07 so that kind of makes sense.
I also talked to second level I/O and she told me that it may be due to pending biometrics (what a relief to hear that). She didn't give me any other details so still not sure what's going (no SLUDs yet). I haven't recd any finger print notice since my first one in sep'07 so that kind of makes sense.
2011 Honda CRX DELSOL PRE.
vansvenkat
12-04 01:21 AM
This suggestion is very good,There should be some fee to get access( to generate money).
how about breaking this into multiple levels.
(1) account maintenance fee: charge $1/month for maintaining the account, members who paid this fee will have read access to all threads except IV core updates. IV can generate $25K a month with this option, this can cover day to day expenses.
(2) usage fee: charge $??/month for using the IV forums, members who paid this free can post and respond and read IV updates.
how about breaking this into multiple levels.
(1) account maintenance fee: charge $1/month for maintaining the account, members who paid this fee will have read access to all threads except IV core updates. IV can generate $25K a month with this option, this can cover day to day expenses.
(2) usage fee: charge $??/month for using the IV forums, members who paid this free can post and respond and read IV updates.
more...
jonty_11
06-02 12:13 PM
awesome just getting started on this thread...lets get our voices heard..please start calling guys....we need to make this happen....I know some of us feel why bother...but a little 2 min call wont take the bite out of your day...plus it is going to help the common cause that you visit this site for everyday...IV core is planning meticulously for these provisions and bills to be introduced...and now is the time for you the force the issue and give these bills some floor time and approval through house and senate...Please call..
GCard_Dream
01-30 06:35 PM
- 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.
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.
more...
sj2273
12-23 03:13 PM
done!
Happy New Year everyone!
Happy New Year everyone!
2010 a Honda Del Sol (also called
jkays94
06-08 07:52 PM
You have to see my quote from the context of immigration. I never said illegal immigrants do not have any rights. Human rights are across the board. Every nation must follow these standards. Illegal immigrants can not sneak into a country and then demand that they should be given citizenship.
Regarding undocumented workers filing with EEOC, please quote me few cases like that. I doubt if it is ever possible. In my personal opinion, when such workers are subject to deportation when found, where is the foundation in that case? Are you suggesting that non-citizens can apply for jobs in defence and aviation and complain to EEOC if rejected?
Again this could be looked at from many angles. The right to march and demand citizenship is protected under the 1st ammendment. Whether they get the citizenship or not is another issue but indeed yes, as ridiculous as it is, one is free to have the audacity to make statements that may be ridiculous in nature and that is their right under the 1st ammendment to do so as long as they are within the borders of the US. It is these types of freedoms that distinguish America from many other countries, to the extent to where even a person subject to deportation has the right to due process. The 1st ammendment guarantees the freedom of expression. Freedom of expression further covers the right to free speech, press, assembly and to petition the government for a redress of grievances (which is what the undocumented are doing in any case) etc [more here (http://www.law.cornell.edu/wex/index.php/First_amendment)]
Indeed a Federal District court has already ruled that immigration status is not a matter that is debatable in a EEOC/discrimination law suit. If the below is not sufficient there are some actual cases involving undocumented workers who were not victims of human trafficking.
Federal Court Bars Employers From Making Issue Of Immigration Status In Discrimination Lawsuits (http://www.eeoc.gov/press/3-10-06c.html)
"We are pleased with the court's order because Title VII's protections against discrimination apply to all employees whether they are documented or undocumented," Burnside said. "Employers cannot discriminate against employees, and then threaten them by seeking information about their immigration status when they complain."
If you read my other post correctly, it said the exemption was with security clearance related jobs. The two types of jobs you cited more than likely require security clearance but if they do not then its fair game for a discrimination complaint. Security clearance is only available to US citizens. My point is that if an employer with more than 4 employees whose job offering does not require security clearance or does not touch on matters of national security has a job posting claiming 'US Citizens Only' and an eligible for work non US citizen eg Green Card Holder or H1-B, EAD holder applies and is rejected primarily on the basis of their national origin or immigration status then yes, they do have credible grounds upon which to file an EEOC complaint. Note that an employer is only supposed to ask for documents that identify eligibility to work when they have made the decision to hire and are filing out form I-9. For instance there is already a case where EEOC or the DOJ won a case because an employer insisted on seeing an employee's GC and would not take an EAD. In summary, I'm not suggesting, it is the law and I believe I have given references to the relevant sections in my other post. But if in doubt, you may want to check with a lawyer and not take my word for it since I'm not one.
Regarding undocumented workers filing with EEOC, please quote me few cases like that. I doubt if it is ever possible. In my personal opinion, when such workers are subject to deportation when found, where is the foundation in that case? Are you suggesting that non-citizens can apply for jobs in defence and aviation and complain to EEOC if rejected?
Again this could be looked at from many angles. The right to march and demand citizenship is protected under the 1st ammendment. Whether they get the citizenship or not is another issue but indeed yes, as ridiculous as it is, one is free to have the audacity to make statements that may be ridiculous in nature and that is their right under the 1st ammendment to do so as long as they are within the borders of the US. It is these types of freedoms that distinguish America from many other countries, to the extent to where even a person subject to deportation has the right to due process. The 1st ammendment guarantees the freedom of expression. Freedom of expression further covers the right to free speech, press, assembly and to petition the government for a redress of grievances (which is what the undocumented are doing in any case) etc [more here (http://www.law.cornell.edu/wex/index.php/First_amendment)]
Indeed a Federal District court has already ruled that immigration status is not a matter that is debatable in a EEOC/discrimination law suit. If the below is not sufficient there are some actual cases involving undocumented workers who were not victims of human trafficking.
Federal Court Bars Employers From Making Issue Of Immigration Status In Discrimination Lawsuits (http://www.eeoc.gov/press/3-10-06c.html)
"We are pleased with the court's order because Title VII's protections against discrimination apply to all employees whether they are documented or undocumented," Burnside said. "Employers cannot discriminate against employees, and then threaten them by seeking information about their immigration status when they complain."
If you read my other post correctly, it said the exemption was with security clearance related jobs. The two types of jobs you cited more than likely require security clearance but if they do not then its fair game for a discrimination complaint. Security clearance is only available to US citizens. My point is that if an employer with more than 4 employees whose job offering does not require security clearance or does not touch on matters of national security has a job posting claiming 'US Citizens Only' and an eligible for work non US citizen eg Green Card Holder or H1-B, EAD holder applies and is rejected primarily on the basis of their national origin or immigration status then yes, they do have credible grounds upon which to file an EEOC complaint. Note that an employer is only supposed to ask for documents that identify eligibility to work when they have made the decision to hire and are filing out form I-9. For instance there is already a case where EEOC or the DOJ won a case because an employer insisted on seeing an employee's GC and would not take an EAD. In summary, I'm not suggesting, it is the law and I believe I have given references to the relevant sections in my other post. But if in doubt, you may want to check with a lawyer and not take my word for it since I'm not one.
more...
pv2715
05-20 05:08 PM
Docwa?
Do you know if they cover pre-existing conditions?
Do you know if they cover pre-existing conditions?
hair Honda CRX Del Sol Front Bumper
DSLStart
04-09 02:33 PM
If your file is being touched by an IO or if there is a system wide update, that date will change.
How do I find out if there has been a Soft LUD? I have an online account on uscis.gov and the "Last Updated" fields are all in 2007 (when I filed my AOS).
How do I find out if there has been a Soft LUD? I have an online account on uscis.gov and the "Last Updated" fields are all in 2007 (when I filed my AOS).
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hope2007
07-18 04:31 PM
wat is the difference b/w recipt date and notice date?? anyone
hot Honda CRX / Del Sol with
pappu
04-26 11:45 AM
http://www.businessweek.com/bwdaily/dnflash/content/apr2009/db20090423_219068.htm
But advocates for skilled immigrants�many of whom remain stuck for years on H-1Bs waiting in the long queue for permanent residency�worry that the bill is a political maneuver rather than an earnest effort at reform. Aman Kapoor, president of the skilled immigrant advocate group Immigration Voice, says that a more effective bill would ensure H-1B visa workers are on a level playing field with U.S. workers. "Skilled immigrants on H-1Bs don't get the same rights and protections as everyone else," says Kapoor. "So wouldn't the solution be to empower and enable the skilled immigrants on H-1Bs such that�skilled immigrants on H-1s have adequate protections so that no one can take advantage of [them]? But no one wants to talk about protections for skilled immigrants."
But advocates for skilled immigrants�many of whom remain stuck for years on H-1Bs waiting in the long queue for permanent residency�worry that the bill is a political maneuver rather than an earnest effort at reform. Aman Kapoor, president of the skilled immigrant advocate group Immigration Voice, says that a more effective bill would ensure H-1B visa workers are on a level playing field with U.S. workers. "Skilled immigrants on H-1Bs don't get the same rights and protections as everyone else," says Kapoor. "So wouldn't the solution be to empower and enable the skilled immigrants on H-1Bs such that�skilled immigrants on H-1s have adequate protections so that no one can take advantage of [them]? But no one wants to talk about protections for skilled immigrants."
more...
house an et demi un CRX (delsol)
a1b2c3
04-30 01:13 PM
My wait time is as long as yours, so I am not thinking about getting ready for citizenship just yet (lot can happen in 5 years). If the USCIS processing times are to be believed, they are supposed to take between 12 and 15 months to decide on a currently filed application (the server seems to be down now, so couldn't verify the latest status). There may be additional time differences depending on where you are located. And knowing how USCIS operates, backlogs are not unheard of (http://www.immigrationpolicy.org/images/File/factcheck/CitizenshipDayFactSheet09-16-08.pdf).
Here is a comforting thought - and someone correct me if I am wrong - but unlike the hectic GC process with all the "inequalities" among various EB categories, naturalization process is a level-playing field where your specific skills do not matter. Everyone is considered equal here, whether you have got your GC via EB, FB or even amnesty route. This makes sense too, considering that your value (to this country) as a citizen rests primarily in your voting right, and someone who can cook is just as good to vote as another who writes smart computer codes (no knock on the cook, my wife is a fantastic cook herself). This is why the "priority date" for your citizenship application is set at 5 years (of continuous residency) from the date printed on your PR card, irrespective of your GC category (the wait is 3 years for those with USC spouse). The only condition that permits some arbitrariness in the evaluation process is in establishing a "good moral character", which makes point #6 in my original list important.
This is of 01/09. It takes about 6 months after N-400 is filed and you can apply after 4 years and 9 months.
http://www.uscis.gov/files/article/M-476.pdf
Yes, there will be backlogs but most likely there won't be long waiting lines. It really depends on the number of people filing. There won't be another July 2007.
Here is a comforting thought - and someone correct me if I am wrong - but unlike the hectic GC process with all the "inequalities" among various EB categories, naturalization process is a level-playing field where your specific skills do not matter. Everyone is considered equal here, whether you have got your GC via EB, FB or even amnesty route. This makes sense too, considering that your value (to this country) as a citizen rests primarily in your voting right, and someone who can cook is just as good to vote as another who writes smart computer codes (no knock on the cook, my wife is a fantastic cook herself). This is why the "priority date" for your citizenship application is set at 5 years (of continuous residency) from the date printed on your PR card, irrespective of your GC category (the wait is 3 years for those with USC spouse). The only condition that permits some arbitrariness in the evaluation process is in establishing a "good moral character", which makes point #6 in my original list important.
This is of 01/09. It takes about 6 months after N-400 is filed and you can apply after 4 years and 9 months.
http://www.uscis.gov/files/article/M-476.pdf
Yes, there will be backlogs but most likely there won't be long waiting lines. It really depends on the number of people filing. There won't be another July 2007.
tattoo Ronan#39;s Honda CRX Del Sol - 60
drirshad
06-11 04:50 AM
At least for the consultation phase hire a good lawyer, there are scores of lawsuits filed each year but as long there was no life threatening injuries in an accident you can get out of it. This should not be a criminal conviction and should not hurt your gc process. Again I am just assuming the back up ended in some dent to the other persons vehicle or were they walking and you hit them there were injuries involved.
http://www.findlaw.com
http://www.findlaw.com
more...
pictures honda crx/delsol updated**
tampacoolie
09-29 12:59 PM
I have noticed this on previously approved H1 Transfer petition.
Any thoughts?
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Duplicate notice sent.
On September 28, 2007, a duplicate notice on this case was mailed describing how we will process your case. Please follow any instructions on the notice. If this I129 PETITION FOR A NONIMMIGRANT WORKER is still pending, you will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. If this case is still pending, we process each kind of case in the order we receive them. You can use our processing dates to estimate when this case will be done. This case is at our VERMONT SERVICE CENTER location. Follow the link below for current processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Any thoughts?
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Duplicate notice sent.
On September 28, 2007, a duplicate notice on this case was mailed describing how we will process your case. Please follow any instructions on the notice. If this I129 PETITION FOR A NONIMMIGRANT WORKER is still pending, you will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. If this case is still pending, we process each kind of case in the order we receive them. You can use our processing dates to estimate when this case will be done. This case is at our VERMONT SERVICE CENTER location. Follow the link below for current processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
dresses For sale is a peugoet 306
greencard_fever
05-25 11:09 AM
How to track the progress of this Bill? can some one post the link to track.
here is the link http://www.govtrack.us/congress/bill.xpd?bill=h110-6938
looks like this bill will not go no where ...there is only 3 cosponsors..:mad::mad:
here is the link http://www.govtrack.us/congress/bill.xpd?bill=h110-6938
looks like this bill will not go no where ...there is only 3 cosponsors..:mad::mad:
more...
makeup Got a black #39;91 CRX Si shell.
logiclife
02-13 02:21 PM
Thanks for understanding.
girlfriend Ronan#39;s Honda CRX Del Sol - 59
NKR
08-20 12:00 PM
If you think that the GC is not worth the wait then I suggest that you withdraw your I-485 application asap. ;)[/QUOTE]
Nope, if you think that the wait time is what makes a GC worth, then would you have liked to wait for another 10 years to make it more worthy?, on the other hand if you had got the GC the very next day you applied for it, would it have been worthless?.
The point I am trying to make is that no one can justify the wait time. it is torture.
Nope, if you think that the wait time is what makes a GC worth, then would you have liked to wait for another 10 years to make it more worthy?, on the other hand if you had got the GC the very next day you applied for it, would it have been worthless?.
The point I am trying to make is that no one can justify the wait time. it is torture.
hairstyles Honda CRX Del Sol VTI 1992
indyanguy
11-09 05:50 PM
One more thing. Working on EAD can be preferred to both categories, ppl who has consumed all 6 years and ppl who haven't yet.
1. If you have consumed all 6 years, according to above link, can file MTR if 485 is wrongly denied due to AC21. EAD remains valid till atleast the appeal period. while if they are on H1 extension beyond 6 years, H1 is cancelled with immediate effect.
2. PPL who haven't consumed 6 years have an added advantage to come back to H1 and guess what, he can (if needed) start a new GC process while retaining his older PD (as his 140 was once approved, he retains that PD for life).
I found this by extremely intense research on internet, CIS website and many well-known lawyers forums, chats and discussion. However it is always advisable to consult your own attorney.
Thanks for the additional information. In case 1 - can the applicant still retain the priority date if s/he wants to start a new GC process? In other words, does 6 year expiration have any effect on retaining PD?
From what I have gathered so far, it appears that it's a misconception that a lot of people have who feel it's safer to stay on H1. It doesn't sound like EAD is as bad as I had once initially thought..
1. If you have consumed all 6 years, according to above link, can file MTR if 485 is wrongly denied due to AC21. EAD remains valid till atleast the appeal period. while if they are on H1 extension beyond 6 years, H1 is cancelled with immediate effect.
2. PPL who haven't consumed 6 years have an added advantage to come back to H1 and guess what, he can (if needed) start a new GC process while retaining his older PD (as his 140 was once approved, he retains that PD for life).
I found this by extremely intense research on internet, CIS website and many well-known lawyers forums, chats and discussion. However it is always advisable to consult your own attorney.
Thanks for the additional information. In case 1 - can the applicant still retain the priority date if s/he wants to start a new GC process? In other words, does 6 year expiration have any effect on retaining PD?
From what I have gathered so far, it appears that it's a misconception that a lot of people have who feel it's safer to stay on H1. It doesn't sound like EAD is as bad as I had once initially thought..
GCSOON-Ihope
12-08 11:43 PM
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?
:) ;) :) ;) :) ;) :) ;) :)
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?
:) ;) :) ;) :) ;) :) ;) :)
purgan
02-05 06:06 PM
IV core is doing a great job. One can't ask more of these great guys (and gals)!!
Although I support the idea and my spouse would be benefited by it, allowing H4s to work is a whole different ballgame and way more controversial than the current IV agenda. Your spouses will be able to work once you and they get EADs (although I know you will have to renew annually)...this is way more reasonable.
IV rocks!!
Although I support the idea and my spouse would be benefited by it, allowing H4s to work is a whole different ballgame and way more controversial than the current IV agenda. Your spouses will be able to work once you and they get EADs (although I know you will have to renew annually)...this is way more reasonable.
IV rocks!!
