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  • Jerry2121
    07-06 02:23 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:�

    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?
    :) ;) :) ;) :) ;) :) ;) :)

    Here is a run down on my case:
    First I-485 applied in 6/2002,
    Fingerprint done, EAD obtained in 2/03
    Application withdrawn by spouse due to conviction
    Second I-485 applied by my 2nd DW in 7/05
    Interview granted in 5/06
    Case still pending due name check
    GC? till date
    Anyone with a similar case and any advice on this case? I've spent about 30K USD on this case on Lawyers and still have NOT got any decision from the USCIS. Now , I'm considering filing a WOM. Whats your take on this? Thanks Guys!

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  • doknek
    06-06 12:47 PM
    This was my first time taking part in an immigration movement. I was a bit nervous, but it was easy...called 3 in 3 mins. Will be calling other half later in the afternoon.

    They just take down HR bill numbers. I wonder, do they even write it down?? and if they do I hope they pass it to the Rep.

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  • skg007
    08-18 01:00 PM
    What about people who did not file AC21. How do they prepare for Citizenship? Do they need to go back to the previous employer.:confused:

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  • sku
    09-15 04:33 PM
    When I call NSC they tell there status says whatever is on website, Only thing she did opened SR. And I have not heard anything on that....I took info pass ...same thing...The lady on NSC says she can not even see my Priority Date ..

    I call 1-800-375-5283....then I press 1 for english.....then option 2 .....Press 1


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  • mrajatish
    02-28 10:00 AM
    Here is what I have understood from my lawyers -
    DOL decree, if adopted, will prevent any further labor substitution.

    Any labor approved after the decree is adopted cannot be used for substitution.

    Any 140 application based on labor sub will not be denied until USCIS adopts a similar resolution - it is unlikely that USCIS will do such a thing as it will lead to lawsuits from lawyers and folks already in the queue

    People with already approved 140 do not need to worry at all.

    I am laying down the facts here such that people can make educated decisions on what they want to do.

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  • geesee
    09-18 01:50 PM
    @ caliguy
    yeah its a matter of luck to get a better IO.. I would wait for couple of days before calling them back.. I wonder how they randomly give different wait times.. At the time of opening SR, I was told to wait for 45 days.. other CSR told me to wait for 30 days.. and I see you have been told to wait for 60 days...

    but hang in there man.. we will get green soon...

    i have an infopass scheduled for 25th... really hoping to get an approval before that..


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  • abhijitp
    06-18 08:16 PM
    I have started taking printouts of the instructions and handing it to people - hoping that will increase the probability of them calling.

    Great idea. Thanks for doing this. As we know from our admin fix campaign, our own members sometimes do it as soon as you hand out a hard-copy!

    Also folks please don't feel shy to speak to these reps or their aides. On the other hand, please know that they respect you a lot for taking the time to call them and let them know what you feel about an issue.

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  • willigetagc
    08-19 02:04 PM
    I understand your frustration. Believe me I have gone thru the same.

    When I filed for my I-485 in 2000, the PD was current for me for 23 months in row when it got approved. Can you believe this? PD was current for whole 23 months while I-485 was pending.

    One of my goals is to help my future legal immigrants. Being a US citizen gives me vote voice and power. I am open to suggestions. I would like to help my fellow legal immigrants.

    I know, the wait time is long, but it is worth it every bit.

    Good Luck to everyone.

    Hmmm so you have been a victim of random processing too? The situation is a mess no doubt. But this random processing really hits where it hurts the most...

    IF ONLY everyone who gets a GC approval or citizenship could work at the CIS for a year... a sort of community service.... All of the problems wrt the random processing will go away...

    I am sure most people on this board can hit the ground running and don't require extensive training... unlike the present day IOs.


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  • ElectricGrandpa
    06-16 04:34 PM
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  • sin94
    03-30 04:35 PM
    Question do we have to stop working upon receipt of the denial and wait until receipt of MTR? What are work options when a situation like this occurs

    I have used ac21 and moved to a new employer and although my former employer have indicated that they will not revoke the approved I-140 (485 pending since Oct 07) if they do and USCIS does the same situation as described above for me & wife would I be out of status from that period?

    Me being the primary applicant and wife the derivative are not using our H1's (I have 9 months remaining of my 6 year period and wife 3 years) I accepted a full time invoking Ac21 with the new company and joined using EAD. My wife has accepted a contract position using her EAD

    I read somewhere that if you get a NOID and its the 485 gets rejected (even upon providing supporting documents) are we allowed to work during any of that period? what happens if we respond with MTR? how long will it normally take to respond?

    ADVAthanksNCE :) to all


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  • anilsal
    11-15 02:30 PM
    The only way to counter this is to get our story out in the media. i joined the forum today and went through a lot of mails on the forum. i saw pappu making appeals to members to help him write to reporters. I saw state chapter threads and only few members have actually signed up for work. see only a handful responded. others simply come on forums and rant. but only few actually do the work. I also observed members critical of Iv or telling IV to do this or that, instead of doing something themselves. My other observation is that members do not contribute money and come to this forum for free advice. Nothing in this country is free but IV is providing this forum and also free advice from lawyers. But members are simply taking advantage of IV and not paying back what they are getting from it. This has been my personal observation. Members we have seen how visa bulletins affect us and demoraliize us. why dont we all do something instead!

    You are hitting the right buttons here! You can say it is either laziness or fright/jitters or the comfort of current H1B approval/stamp that is making the large populace to sit tight.

    Guess what, once some of the battles are won (we can never win all - they will always be ongoing), we should either knight pappu or induct him to "IV Hall of Fame".

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  • unchew
    06-09 11:43 PM
    discualify theeemmm! You said no mods... that way I would have less competition! (j/k) :P


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  • nojoke
    10-09 04:54 PM
    Before I go any further, please read my disclaimer. The views are soley directed towards local market I am aware of and interests in i.e. GMADA ( Punjab/ Chandigarh area) and in no-way should my views/ opionion be applied to flats in Bombay/ Banglore or Hyd etc. With that said, hear me out.

    Their is and last year I first hand expereienced massive infrastrucutral development going on in Delhi as well as in Chandigarh/ Punjab area. Their are supposed to be some Asian or Commonwealth games to happen in 2010. In addition to that, for some great reasons it appears the states closer to national capital had been lacking in basic infrastructural development. Can you believe Bombay-Pune highway is in better conditions than Ludhiana- Delhi, National Highway #1!. FYI: NH-1, is India's historically first highway criss-corssing the country from West to East. So they are playing the catchup game.

    With improved basic infrastructure, living and commuting from satillite cities has become much easier than it was 10 yrs ago. Just like sub-urbs here, people want to enjoy life-style that is un-affordable in city centers. The NRI spending clout has wanned in recent years due to rapid development and growth in India. So the babus, politcians, industrialists, cops, Rich middle-class etc are coming in and taking away most of the RE. In addition to that, the basic infrastrucutral development funded by Government is giving a lot of monies to people whose farming land is being acquired to setup airport or industrial/ residentail sectors. These recently cash-rich farmers are not investing back in buying adjoining farm land but also investing in urban properties. You won't believe, but people were compensated quarter million per acre for recent Mohali/ Chd airport expansion. On top of all this, they ever growing population and shrinking available land is organically raising the prices.

    With all that going, why would you think RE investment would fail? Plus remember the age-old adage "... Land never fails you." Jats do it!

    Your theory that land values never fall in india is not true. Here is the proof. It is a question of affordability. Even if the population explodes and since most of them are poor, there is no justification for such high price appreciation we had in the last 5 years.
    �From the peak level, prices started plummeting in 1995. Between 1995 and 2000, the property bubble built on speculations burst and prices declined by almost 30�40 per cent all across India, including Bangalore. There was a slight recovery in 1999-2000 period, riding on the dotcom boom.�

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  • bigboy007
    07-18 05:18 PM
    how can i talk to those knowledgeble service reps from the service center. can you please suggest me how i can get to them, i have been trying to talk to them since morning and i could not get beyond the first service rep. any tips on how to get to them
    Simple : tell them u have applied and its been more than 3 weeks and no response yet and tell them that last week they asked to call back so that they can forward to other cs reps of service centers


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  • mygreencard
    04-26 09:37 AM
    I only knew of this movement today after reading the Washington Post. I will start contributing for now. I will do it gradually. I will also try spread the news to all people I knew who are also victims of the Visa Retrogression.

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  • greencardvow
    07-18 05:24 PM
    Date of Delivery: 07-02-2007
    Time: 11:00 a.m.
    Service Center: NSC
    Status: ???


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  • abhijitp
    12-03 05:24 PM
    One of the approaches can be for state chapters to be involved and solicit donations from local members. I liked the idea for donations from immigrants who have already obtained green cards and online ADS from google as long as we do not overdo it. I am leaning more towards funding drives. For reasons that people in the process understand better than I do, I agree that the amounts cannot be disclosed. Hence it would be nice to have offline discussions or discussions on PMs on targets between state chapter members.

    I for one am not for monthly payments or memberships. That just makes for exclusive organization and we want to be more inclusive.

    I also had another important question we need to ask ourselves. Do we want to solicit funding or donations or participation? They are two very different things. Participation is not limited to monetary involvement but can include time and ability (designing banners, websites, writing letters et al.) donation.


    Every member is welcome to contribute time and/or money. Both are important.
    Monthly subscriptions do not make this an exclusive club, they just allow IV to budget and plan future campaigns.
    Some of these campaigns will give everyone easy access to the (very exclusive) "AOS applied" club!
    The biggest campaign of them all... will give us all a quicker route to the extremely very exclusive Green Card club.

    To know why amounts cannot be disclosed please check out logiclife's and aman's videos on youtube!
    Thank you.

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  • RandyK
    11-05 10:28 PM
    I did not catch the whole speech but he was talking on the Senate floor about abuse in the H1B system, at the end he did say that he is not against increasing the cap for H1B's but he wanted that done with provisions to make sure the abuse of the system is prevented. He also said that he is willing to work with other Senators to fix this broken H1 system before the year end.

    Do we anything more about this?

    It looked like that he was introducing and amendment to a bill.

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  • georchen
    07-18 01:43 PM
    Pd: Feb 2007
    Reached Nsc: 7/2 7:55 AM
    Rejected: Don't Know
    Ck Cashed: Not Yet

    07-18 09:17 AM
    Date Delivered To USCIS: July 2
    Service Center: NSC
    Rejected: Dont Know

    12-13 10:02 AM
    The ideas are good and in the past we have contemplated having a paid member area on IV site too. However the biggest problem we have is - who will manage it?
    We all have full time jobs and already have our hands full. Adding anything extra to the current workload will be too much work for us.

    Either we hire someone to do it. And to hire we need money. We find it hard to even raise money for Lobbying every other month. There are other important areas like publicity we can look at too if we get more funds. So we cannot hire anyone to manage this.

    Now can someone volunteer for it? Yes but how many people come forward with a commitment in a 25k membership? You can see from the thread
    So if people are not willing to make a commitment and have their spouses to help us from home for this cause, we cannot take our ideas any further. We can only do what our limited time, funds and manpower allows.

    This is a reality and is the reason why we all do not have greencards till now. Solving this greencard issue is not difficult. Its only a matter of gathering enough people and people wanting to make an effort. IV has been around for 2 years now and only 25K people have signed up. We should have had about half million signups by now and millions of dollars to spend on large scale lobbying, media publicity and several initiatives to draw the attention of lawmakers on this issue. That has not yet happened and will not happen until we all indicate how badly we want greencards.

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