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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...





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  • paskal
    07-17 08:39 PM
    Thanks for the response PASCAL. However I still do not understand why IV is not encouraging everyone to send faxes and register their support via the AILA site. As I have understood AILA has been a leader in this effort for immigration {see July 2007}. If you are trying to say that the interests of AILA and IV are not exactly the same - that is to be expected - no 2 organizations can ever be the same - BUT - surely we can come together to form and pursue some strategic interests. I see that with regard to these bills IV and AILA interests meet. Further if readers @ IV send messages via AILA Action Alert then IV resources can be saved to follow the path that you have described above.

    Finally, the bill may be a placeholder or position statement, but in the end we need to demonstrate the numbers - highlighting this bill may eventually lead to some worthwhile convergence in the CIR - I think no opportunity need be lost in this process and the more we highlight our position and condition the more visibility we get.

    Regards!

    Raji



    Sorry you do not understand- I really cannot do better right now. Sometimes you just have to accept things! It's not that we do not coordinate or associate with AILA. We do.
    The issue here is very specific, both pappu and I have told you what we think and attempted to explain why we do not want to invest resources in a specific action you suggested. Given that I can't spend the hours needed to explain the last few years of work and experience on this issue, I doubt this discussion will go anywhere. Feel free to send the fax. Just accept that we are not going to promote this as a mass action right now for many reasons. Peace!





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  • ras
    07-02 01:07 AM
    This is one of the important threads. It's really time to cleanse the system and imbibe faith in the employer/employee relationship.

    We do see such threads on the forum occasionally where the employee is being cheated/asked to sign a contract/is not being paid on bench/employer is threatening etc etc... There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.

    Is this really true?

    I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.

    IV can help only if people are willing to be helped and ready to take action.

    If this system needs to be cleansed, then why aren't we doing it?





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  • mheggade
    07-18 02:40 PM
    Hi Folks,

    I know that with a deluge of applications, the question I am asking might not be relevent in the current scenario (July filers), but what is the historical EAD processing time? I know they say that USCIS will issue one within 90 days, but does it always take 90 days or is lot lesser?

    I remember when I got EAD during OPT, it took like 30-40 days on average. Does the same hold for the EAD for EB too?

    Appreciate your response. thanks!

    When I applied for my wife who was on L2, it took 14 days.



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  • jaihind
    09-14 04:21 PM
    I agree with you guys...especially even if they permit 485 filing pending the priority date...it will help a whole lot of people get out of their employer's tyrannical grip and lead a free life.....:) ...I only hope the SKIL bill gets passed in some way sooner.....





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  • Ahimsa
    01-30 12:53 PM
    Does all this mean that if you have an approved LC it will only remain valid for 45 days?!
    I am waiting to file my I-140 until my PD gets closer because I don't want to risk my daughter aging out.
    EB3 with PD June 03
    No, 45 days condition is not for "to file 140 within 45 days of labor approval"
    But it is for the company to substitute the LC for some other employee within 45 days.

    There is no time limit set to file I-140 for the employee for whom the LC was issued.



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  • walking_dude
    11-06 03:59 PM
    Please don't flood/SPAM Senator Grassley with your E-mails..

    If there is any such program to contact any senator, it will be announced by IV core through State chapters network. That's the purpose State Chapters were created! Right now no such action plans exist!

    A sincere request to anyone, DO NOT create your own 'Action Items' on Legislative actions. Reason being, legislative matters are delicate and need careful handling. If handled without a holistic perspective and professional advice - which only IV core can provide - may backfire and harm IV cause, instead of helping it!

    Regarding H1B

    If the system is broken, it should be the responsibility of DoL and government to fix it. Laws on book should be enforced first before introducing new laws. Raising the fees to astronomical levels will kill the program instead of reforming it. Real fix to H1B issues is increasing the number of green cards and provide a level playing field. Wish there was work on permanent fixes to the system instead of efforts to kill it.





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  • pappu
    04-27 08:43 PM
    Thanks.
    Please also add in IV wiki



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  • qasleuth
    03-11 12:35 PM
    How does insulting your own culture help us here ? "Crab mentality" as it is popularly known, exists in numerous cultures across the world. Go google for the term and you will know.

    It reminds me this story every time I visit IV.

    Workers working with an export company which use to ship chickens from all over the world to US/Europe, were packing chickens from some Indian port. Each box was having some 50-70 chickens in it .

    After loading them in, they were about to cover these boxes with the tops. The leader shouts to workers: " No need to put the tops. They wouldn't go any where "

    Surprised with this order, one worker asks the leader 'Why'. The leader says : " These are Indian chickens. IF one tries to escape, other will pull its leg."





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  • belmontboy
    04-18 06:33 PM
    Same company porting is more successful than different company porting. That's what I have been observing. What are your guys thoughts on this??

    don't have much data to concur !



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  • Gravitation
    09-29 02:54 AM
    Was the H1B through a body shopper? I"ve heard of reopening all old cases of a company if they find a dubious H1B sponsorship, or if a company gets blacklisted.

    If your company is solid and your case is genuine... you probably have nothing to worry about.





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  • walking_dude
    11-21 11:46 AM
    Please contact WWJ Radio about our concerns regarding Lou Dobbs show. Discussing Mr. Dobbs psuedo-presidential ambitions (he'll be a washout like Tancredo) will not help our cause.

    If you have already done it (contacting WWJ) update the Poll.

    Thanks.

    There is a speculation that Lou Dobbs may run for President as Independent. Whaw I really want to see him run for President and see in debate what he tells about various issues.

    Anil



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  • 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?
    :) ;) :) ;) :) ;) :) ;) :)





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  • zerozerozeven
    12-08 02:02 PM
    i sent my comments on change.gov on how the immigration system needs a overhaul



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  • lazycis
    12-04 08:43 PM
    Here is the link to Cao v. Upchurch ruling.
    http://www.paed.uscourts.gov/documents/opinions/07D0833P.pdf





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  • chanduv23
    06-02 10:52 AM
    I am wondering if this is still happening. We don't see any new posts stating 485 has been denied.

    If anyone is facing this situation, please send me a private message.



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  • letstalklc
    09-11 11:04 AM
    Hi All

    Where u take SBI or ICICI they will not tell you the date on which the actually transaction was taken place. Yes its right that they keep money with them for 2-3 days and remit only when they see that exchange rate will increase.

    I have used both, in my personal opinion SBI offers good rate than ICICI.

    Again, this may be not correct because we don't know the time they update their web site to reflect the current exchange rate.

    I know ICICI not good in terms of every thing, I had very very bad experience with them couple of times, then I have switched to SBI 3 years ago, now I am using SBI NRI account as well as their GLS services to transfer money.

    Coming back to conversation rate, SBI will update only once in the morning and will give you that rate on the day money will be transferred into your INDIA account (Normally 5th working day), I have checked lot of times to confirm the same and every time it is correct so far (3+years).

    Now a days they have also opened customer support with toll free no, where you can call them from here.....which is really good....





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  • annsheila79
    04-19 09:48 AM
    congratulations





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  • B3NKobe
    06-10 04:23 AM
    discualify theeemmm! You said no mods... that way I would have less competition! (j/k) :P
    :lol::lol: -- Come on people, we want more entries!! Well I do im sure the people who have already submitted dont :P:P





    a1b2c3
    04-30 08:32 PM
    Hi,

    Its been two months passed since i got GC. My question is , Is it necessary to stay with employer for atleast six months after getting GC. Would really appreciate if someone helps me out.

    Yes, I have the same question. Everything is a good practice recommendation. That is confusing.
    And I thought it was one year. Is it 6 months?:confused:





    JazzByTheBay
    12-13 09:02 PM
    ... are tilting towards making IV an organization driven by and funded by membership dues... which is great to know!

    Once again, this is not for the IV web site, or just for the web site/forums, but for IV as an organization.

    I was expecting a lot of opposition to this, but so far the tilt shows more Yays than nays. The sampling, however, is still far too small and perhaps not representative of the vast majority of IV membership.

    Not the final verdict, but it's great to get input on this debate and thought process.

    cheers!
    jazz