LostInGCProcess
05-19 02:40 PM
Reading all the posts, it appears there is a systemic problem with the Indian IT firms.
As much as I feel sorry for all the employees who are going thru this issue with those IT firms, I also feel some blame has to go to those employees.
PLEASE USE THE LEGAL SYSTEM TO REDRESS YOUR PROBLEMS. Talk to attorneys, take action, Drag them to the court. At least if 1 in 10 goes this route, they will understand that it would not be in their best interest to harass an employee and they may change the policy and start behaving better with the future employees.
As much as I feel sorry for all the employees who are going thru this issue with those IT firms, I also feel some blame has to go to those employees.
PLEASE USE THE LEGAL SYSTEM TO REDRESS YOUR PROBLEMS. Talk to attorneys, take action, Drag them to the court. At least if 1 in 10 goes this route, they will understand that it would not be in their best interest to harass an employee and they may change the policy and start behaving better with the future employees.
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boldm28
06-17 08:27 AM
Years and years of waiting? no kidding. Look at my priority date. And there are people waiting before me. You used a pre-approved labor and have been waiting in the GC queue from what 2006? Dude, in today's world, a reasonable wait for eb3-is anywhere between 10-15 years and eb2 is atleast 5-6 years. I am not mad that you used a pre-approved labor, though in my personal opinion, its a taboo. I am just saying you are lucky enough that you may get your green card much quickly than people like us who have been waiting atleast 8-10 years and trust me, people like your case, usually should be happy.
you got that rite buddy
you got that rite buddy
jvs_annapurna
04-11 11:55 PM
Hi guys,
I am a new bie but in deep trouble,
My case is like this
Have valid I-797 - till - Jan 16,2009 ( now expired right )
Valid I-94 - till -Jan 24 , 2009 ( now expired right )
Applied for extension in --- Sept 2008( 5months before I-94 expiry date)
Applied for premium in -- Feb 26, 2009
RFE -- Mar 2, 2009
Denied -- Mar 31,2009
Trying to transfer my H1- to another product company under premium.
I heard if you appeal the denial, you cant file the transfer, so i dont want to appeal,
Please correct me if this is incorrect ???? gurus please help me,
As I know I dont have any status but denial letter says appeal with in 33 days.
Consulted PRODUCT COMPANY ATTERNEY , said you can stay up till 30 days.
Is it possible to transfer with out appeal or MTR for the current denial ?
Please advice, as I am already running out of time....
thanks
jvs
I am a new bie but in deep trouble,
My case is like this
Have valid I-797 - till - Jan 16,2009 ( now expired right )
Valid I-94 - till -Jan 24 , 2009 ( now expired right )
Applied for extension in --- Sept 2008( 5months before I-94 expiry date)
Applied for premium in -- Feb 26, 2009
RFE -- Mar 2, 2009
Denied -- Mar 31,2009
Trying to transfer my H1- to another product company under premium.
I heard if you appeal the denial, you cant file the transfer, so i dont want to appeal,
Please correct me if this is incorrect ???? gurus please help me,
As I know I dont have any status but denial letter says appeal with in 33 days.
Consulted PRODUCT COMPANY ATTERNEY , said you can stay up till 30 days.
Is it possible to transfer with out appeal or MTR for the current denial ?
Please advice, as I am already running out of time....
thanks
jvs
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radhay
05-15 11:57 AM
Not an expert but my guess is this window of opportunity will exist till next Fiscal year's bulletin is out i.e around 10th sep 2007. If you haven't already filed 485 you are unlikely to be approved during the window. I would go with aggressive approach i.e file based on pending EB2 and upgrade to PP. If you want to be conservtive because you never know if the porting will be accepted or not, or if it may add more delay just file eb3 485 right away, take the beneifts like ead etc.. and later port if retrogressed.
Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)
EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date
So both cases are now current, which leads to a couple of options for AOS:
1. File based on approved EB3 (and risk a potential retrogression in future)
2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)
The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?
Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)
EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date
So both cases are now current, which leads to a couple of options for AOS:
1. File based on approved EB3 (and risk a potential retrogression in future)
2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)
The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?
more...
amitga
02-09 08:01 PM
One day we will also get notice to leave US, just like doctors in UK have got.
SAP
04-07 03:36 PM
Folks,
can i invoke a AC21 on future gc..I did not work for this company, i am tired of my current company, they have exploited me and my personality is changing and i forgotten to live life, want to port and move on to a new company ? is AC21 on future GC consider legal or fraud.?
Future GC labor PD : Dec 2002
Category: EB3.
I140 : approved 2004
I485: RFE on expired medicals; new medicals submitted.
EAD/AP : so far five renewals( though i did not use EAD i did use AP for travel)
Will a letter from the future GC compnay stating the position is no longer availablle due to this enormous amount of time suffice ?
your postive comments and if you have been in this situation pls tell me how you managed.
Thanks
SAP
can i invoke a AC21 on future gc..I did not work for this company, i am tired of my current company, they have exploited me and my personality is changing and i forgotten to live life, want to port and move on to a new company ? is AC21 on future GC consider legal or fraud.?
Future GC labor PD : Dec 2002
Category: EB3.
I140 : approved 2004
I485: RFE on expired medicals; new medicals submitted.
EAD/AP : so far five renewals( though i did not use EAD i did use AP for travel)
Will a letter from the future GC compnay stating the position is no longer availablle due to this enormous amount of time suffice ?
your postive comments and if you have been in this situation pls tell me how you managed.
Thanks
SAP
more...
darslee
07-08 02:13 PM
Well if he does indeed visit regularly.....
I am NOT East Indian and I sent flowers too!
I am NOT East Indian and I sent flowers too!
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GCisLottery
11-02 10:35 AM
Folks,
Please don't give wrong information so authoritatively :)
Labor Certification(LC) for Green Card processing has nothing to with Labor Condition Agreement(LCA) attached to H1-B.
If you moved to a different state from intended work place when your employer filed H1-B (extension included), your company need to get a new LCA.
Do not confuse between (Permanent) Labor Certification from Labor Condition Agreement, simply because of the abbreviations(LC vs LCA).
Disclaimer: I'm NOT an immigration specialist. This can not be taken as an immigration advice.
Please don't give wrong information so authoritatively :)
Labor Certification(LC) for Green Card processing has nothing to with Labor Condition Agreement(LCA) attached to H1-B.
If you moved to a different state from intended work place when your employer filed H1-B (extension included), your company need to get a new LCA.
Do not confuse between (Permanent) Labor Certification from Labor Condition Agreement, simply because of the abbreviations(LC vs LCA).
Disclaimer: I'm NOT an immigration specialist. This can not be taken as an immigration advice.
more...
Bpositive
01-02 10:41 AM
Appreciate the responses...my concern was whether a potential H1B denial would cause problems at port of entry when using Advance Parole...
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hopeful08
04-21 12:29 PM
Isn't this everyody's concern ? GC process is something that has absolutely no predictability. It's all luck...I've been waiting for that moment from almost 8 years postponing many important decisions in life. So, I've come to the realization that the only thing we can do is hope.
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Dhundhun
09-20 10:33 PM
What is GC?
What is it anyway?
If it is philosophical question, then it is something which takes away couple of years of life of some of those people born in India and China (wait and wait and wait and ...), who want to have it. In return it frees them from bond of slavery.
What is it anyway?
If it is philosophical question, then it is something which takes away couple of years of life of some of those people born in India and China (wait and wait and wait and ...), who want to have it. In return it frees them from bond of slavery.
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hopefulgc
05-12 02:45 PM
We need to raise a million $. Anything less is seeming to just not cut it.
Look where we are now with our half-hearted efforts.
DOS says that EB3 would be retrogressed for the remaining part of the year. There was a time I used to believe that come year 2008, there is no way EB3 would be at 2001. I was wrong.
Today I think, there is no way the dates would be at 2002 come 2011.... but guess what.. its a definite possibility.
We need to do something substantial. We must equip IV with huge funds .. funds that will get us in bed with the right people.
--- here is what follows from an earlier post
Even though we have a very honest agenda at heart which at its very core aims to help America be more competitive in the global scene, apparently, we need to have the financial clout to be able to turn heads and thus have our voices heard.
Here is an idea: say we have roughly 500 members out of this vast array of 35000+ members who have the heart and the will to contribute. we get $2000 from each and place it in an escrow trust account that does not release money for expenditure unless we reach $1 mln
why? because the first 10 or 50 contributers are the most elemental in getting such a campaign off the ground and we need to give them a guarantee that its an ALL or NOTHING DEAL. If for some reason we stop at $10k because only 5 members contributed and no more are ready to contribute (unlikely), those 5 members can get their money back.
now is $2000 a huge amount?.. absolutely... but maybe we could tweak this amount or do some payback if we have more people stepping forward in excess of 500. and the amount of payback depends on how early your contributed to the campaign. The first 50 guys could even get a substantial part of their contribution back.
People, we gotta swing for the fences, the next time we go to play.
It has taken us some time to understand how the lobbying game is played.. but this time "Lets play to win"
We need to be a big fish.. a million $+ whale to be taken seriously.
Lastly, i'm just presenting an idea .. its not endorsed by IV core.. and I maybe overlooking some finer points of non-profit corporate taxation and finance.
funding drive is here: http://immigrationvoice.org/forum/showthread.php?t=18790
Brethren.... rise!
Look where we are now with our half-hearted efforts.
DOS says that EB3 would be retrogressed for the remaining part of the year. There was a time I used to believe that come year 2008, there is no way EB3 would be at 2001. I was wrong.
Today I think, there is no way the dates would be at 2002 come 2011.... but guess what.. its a definite possibility.
We need to do something substantial. We must equip IV with huge funds .. funds that will get us in bed with the right people.
--- here is what follows from an earlier post
Even though we have a very honest agenda at heart which at its very core aims to help America be more competitive in the global scene, apparently, we need to have the financial clout to be able to turn heads and thus have our voices heard.
Here is an idea: say we have roughly 500 members out of this vast array of 35000+ members who have the heart and the will to contribute. we get $2000 from each and place it in an escrow trust account that does not release money for expenditure unless we reach $1 mln
why? because the first 10 or 50 contributers are the most elemental in getting such a campaign off the ground and we need to give them a guarantee that its an ALL or NOTHING DEAL. If for some reason we stop at $10k because only 5 members contributed and no more are ready to contribute (unlikely), those 5 members can get their money back.
now is $2000 a huge amount?.. absolutely... but maybe we could tweak this amount or do some payback if we have more people stepping forward in excess of 500. and the amount of payback depends on how early your contributed to the campaign. The first 50 guys could even get a substantial part of their contribution back.
People, we gotta swing for the fences, the next time we go to play.
It has taken us some time to understand how the lobbying game is played.. but this time "Lets play to win"
We need to be a big fish.. a million $+ whale to be taken seriously.
Lastly, i'm just presenting an idea .. its not endorsed by IV core.. and I maybe overlooking some finer points of non-profit corporate taxation and finance.
funding drive is here: http://immigrationvoice.org/forum/showthread.php?t=18790
Brethren.... rise!
more...
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optimystic
03-19 02:44 PM
Well...my PD is current and my RD at Nebraska is also current as per thier processing times. But still no LUDs or any other updates so far :( (its been 19 days since my PD became current)
I already spoke to USCIS IO one week back, and was told its a bit too early, and wait for 45 days and call back if nothing happens until then. They weren't willing to give me the status whether my Namecheck crossed 180 days.
Just going to wait until April 1, and then call them again. Or get an INFOPASS . What do the gurus suggest?
[EB3 - I , PD May 2001, RD July 30 07, Nebraska ]
I already spoke to USCIS IO one week back, and was told its a bit too early, and wait for 45 days and call back if nothing happens until then. They weren't willing to give me the status whether my Namecheck crossed 180 days.
Just going to wait until April 1, and then call them again. Or get an INFOPASS . What do the gurus suggest?
[EB3 - I , PD May 2001, RD July 30 07, Nebraska ]
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GCapplicant
10-12 04:17 PM
I am a June 25th filer, and i got my receipt for 485/131/765 on Sept 10th and haven't received any EAD or AP and no LUD as well forget about FP. I called TSC multiple time and was told first to wait till 90 days of filling ,then 30 days past receipt now 4 more weeks; since they are heavily backlogged busy in issuing receipts for 485 filer.
When i contacted my lawyer he told me the same he is still waiting for the receipts for some of his clients who filed in July/August and reassured me that if or when a receipt is issued he will also get a receipt notice, and will contact me ... so don't worry to much regarding FP misplacement and relax it will come... after all it is National security, if the US is not concerned regarding it then why should you .;)
By the way my PD is March,2003
How come TSC is slow in yr case?Try giving a call to them if you get helpful IO its good.I was thinking guys who are in TSC are lucky.
infact mine is from Nebraska...my A # numbers are changed...First name Last name my lawyer has made a confusion thats also wrong interchanged.As I have EAD adjudicated I have to pay new fees for new EAD with corrected name accepting my mistake of filing with interchanged names. Thats what IO told me yesterday.
Most of my friends in NYC-applied in TSC July 2...They have got evertything by Aug end infact some of them have done FP too in sep.
I am waiting for FP so that I can request them for correction too.
Sorry for writing blah blah blah....
When i contacted my lawyer he told me the same he is still waiting for the receipts for some of his clients who filed in July/August and reassured me that if or when a receipt is issued he will also get a receipt notice, and will contact me ... so don't worry to much regarding FP misplacement and relax it will come... after all it is National security, if the US is not concerned regarding it then why should you .;)
By the way my PD is March,2003
How come TSC is slow in yr case?Try giving a call to them if you get helpful IO its good.I was thinking guys who are in TSC are lucky.
infact mine is from Nebraska...my A # numbers are changed...First name Last name my lawyer has made a confusion thats also wrong interchanged.As I have EAD adjudicated I have to pay new fees for new EAD with corrected name accepting my mistake of filing with interchanged names. Thats what IO told me yesterday.
Most of my friends in NYC-applied in TSC July 2...They have got evertything by Aug end infact some of them have done FP too in sep.
I am waiting for FP so that I can request them for correction too.
Sorry for writing blah blah blah....
more...
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vinnysuru
04-01 03:07 PM
Hi Vinnysuru
Case is approvable but my question is - will I have to wait till Visa bulletin has PD date showing NOV 2006 or beyond or Current or they can just get a visa number now (say April 08) and send it for card prodcution ?
Yes, the current visa bulletin has to show PD your date or beyond or be current!
Otherwise, they can't request visa numbers. DOS won't issue.
Case is approvable but my question is - will I have to wait till Visa bulletin has PD date showing NOV 2006 or beyond or Current or they can just get a visa number now (say April 08) and send it for card prodcution ?
Yes, the current visa bulletin has to show PD your date or beyond or be current!
Otherwise, they can't request visa numbers. DOS won't issue.
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keerthi
04-04 04:28 AM
So should we withdraw the appeal and re-file? Would that make sense at all?
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nmdial
04-21 01:49 PM
We moved from NYC to Houston back in September 2009. If you want to talk, please send me a private message.
Where r u moving from?
Central PA
Where r u moving from?
Central PA
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tonyHK12
12-01 10:01 AM
Definitely a good idea.........the first thing that needs to happen is for us immigrants to contact our own employers (and if it is a big company - they will have some section that deals with govt affairs/lobbying) ask them to support our cause through action.......
I work for a small company, but my employer is a very decent man and may provide some funds..........(Christmas season and all!).
If he chooses to donate would it be the "contribute" link?
Great! thanks for your efforts. Yes it would be good if he creates an account and logs in before donating, that way it would be credited as his contribution.
The link is in my signature but you can also follow the link 'Donate' at the top in green or 'Contributions' on the home page.
Of course other large companies like the ones in Silicon Valley, MS, etc could also directly reach out to our admin/core besides this and also help in lobbying.
I work for a small company, but my employer is a very decent man and may provide some funds..........(Christmas season and all!).
If he chooses to donate would it be the "contribute" link?
Great! thanks for your efforts. Yes it would be good if he creates an account and logs in before donating, that way it would be credited as his contribution.
The link is in my signature but you can also follow the link 'Donate' at the top in green or 'Contributions' on the home page.
Of course other large companies like the ones in Silicon Valley, MS, etc could also directly reach out to our admin/core besides this and also help in lobbying.
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sunny26
02-23 11:31 AM
I already finished 14month 8days and still pending in NSC
2 friggin days... man they got to be kidding... :eek::eek::eek: at this rate it will take me 15 months to get my 140 approved... mine was filed on july 27th.....
2 friggin days... man they got to be kidding... :eek::eek::eek: at this rate it will take me 15 months to get my 140 approved... mine was filed on july 27th.....
paisa
07-04 03:42 PM
Gurus, need a lil help clarifying issue in GC process.
I've a question regarding location of work place for a H1B employee filing GC process.
I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.
Is this true? I might be wrong about the infomation above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.
If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.
I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.
Thanks in advance.
Your LC is approved for your location. If your location changes you need a LC for that location. This is what I had found out a few years back. Things might have changed since then. Other thing my friend told me about this. So I am not sure what the actual rule is. better to confirm from lawyer
I've a question regarding location of work place for a H1B employee filing GC process.
I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.
Is this true? I might be wrong about the infomation above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.
If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.
I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.
Thanks in advance.
Your LC is approved for your location. If your location changes you need a LC for that location. This is what I had found out a few years back. Things might have changed since then. Other thing my friend told me about this. So I am not sure what the actual rule is. better to confirm from lawyer
Bpositive
01-02 10:41 AM
Appreciate the responses...my concern was whether a potential H1B denial would cause problems at port of entry when using Advance Parole...
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