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  • John_doe
    05-02 12:54 AM
    I completely agree with what sandy_77. I am going through a similar fate, although i have been in the US for a little less than 5 years.

    I have a MAsters degree from US and been working there for the last 2 years on an approved H1B work permit. So I came to India to get my visa stamp for H1B as my earlier visa (F1) was expired. Life was apparently going smooth till I came to India in december 2007, primarily to get married and also get the visa stamp. But everything has been going downhill since then. I was not issued the visa, and no specific reason was given for this. A pink form 221G was given with instructions to wait and watch! AS if this is some kind of comedy/drama... I have lost my car in the US, forced to sell it at throw away price, will be loosing my apartment this month end and all my personal belongings will be put on an "yard sale" pretty soon. I have been able to hold on to my job, although without pay for all these months, but after 5 months, I am on the verge of being fired.

    I have called both the Chennai US consulate and the Department of State office in Washington DC many times. Neither of them have an inkling of when this process is going to end. They decline to give me any information about my visa processing status other than that it is "pending" and they NEVER tell me how long it is going to take.
    I just wish and pray that they had the least consideration for a perfectly legitimate, legal, hardworking, *tax-paying* non-immigrant worker in USA whose 3 years of hard work at an American Grad-School and 2 years of burgeoning career is at stake due to no perceivable fault on his side. The complete hostility being displayed is simply beyond my comprehension. I just want to know if there is a name-check or security clearance or lack of more documental evidence due to which I am being put through this completely unwarranted state of limbo. I just cannot go on waiting forever for something.


    I think, getting my visa re-stamped has become the most inhuman experience. I received my visa renewal I-797 in January 2008 and since I was visiting India in Feb 2008, I decided to get the remaining period (2 years) of my H1B visa stamped. I was not expecting any trouble since I had received my 2nd visa stamp just last year in March 2007. I thought it was impossible for the visa officer's to not have my information since I have been through the drill two times before. Unfortunately, on the Feb 11th, when I went to get my passport stamped, the Visa Officer started giving out blue handouts (this one is not even listed on the New Delhi embassy website) one after the other and sure enough to me too. She wanted to know what I did (Quality Engineer in a biotech company) and even while I was explaining she started chit chatting and laughing with her superior (I assume). Then she wanted to know about my experience of over 4 years in just three words. I was completely shocked. How could I sum up my experience in 3 words. I gave her my answer but was bluntly told to take the blue handout and send the questionnaire and resume as listed to a given email ID. I did that the next day, having no idea what I was getting into. It has been over 2 and a half months now and till date I have no idea what exactly is my fault and what is happening with my visa. The visa officer kept my and my wife's passports and I-797 form and around march 11th asked for my i-129 and other documents which I promptly gave at the embassy. Every time i have called the embassy or the DOS, I get the same response that the application is pending security check and no more details can be given. They refuse to understand that I have a life and home there and i have to pay my bills. I have lived in US for 8 years now and have also completed my master's there. Every month I have to call the utility companies, insurance company, post office and phone company to know what my bills are and have to pay them. Every two months I have to spend close to Rs 1800 to fedex checks to my friends so that they can pay my rent. I have had to cancel my flight tickets and suffered losses there. I have not even filed my tax returns for the year. My life is thrown completely out of gear and i have no idea how i will pay my rent and bills if my company decides to put me on unpaid leave or just terminates my employment. The consulates refuse to issue even a visitor visa so that we can go to US and dispose off our properties. How inhuman and arrogant can the get? How could we possibly become criminals overnight? How can they expect our employer's to retain us after such long delays (so guys have been stuck for 8 or more months)? Aren't they forcing unemployment unjustly on us without any reason if they cannot find anything wrong with our background later? What national security secrets act is preventing the phone visa specialists from disclosing exactly where we are in the process and what is stopping the progress? There are so many questions that need answers and all of us feel helpless as we continue to witness DOS destroy our credibility, careers, our credit history...almost everything that we have worked so hard to earn. How can they expect to build bridges with the world when they are hurting unjustly so many people (29 pages worth of numbers at delhi website and some 59 pages worth of numbers at the chennai website and God knows how many on other consulates worldwide. I have heard people spending some $5000 every month in Canada. This is horrible and some community organizations and law firms must talk to the DOS/Whitehouse about this issue. National Security is must but there must be better way than playing with the future of so many innocent people (99% most likely of which will have acceptable backgrounds).





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  • gcformeornot
    02-10 06:28 PM
    mails at around 5.45PM today. I don't think it means much. Just soft LUD, I think.





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  • rally
    07-02 03:53 PM
    Medical Fees: $410 + Misc: $300 = $710
    Attorney and mailing fees: employer





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  • Pandi
    05-30 10:54 PM
    Voted - Aye - latest count - 338 :)



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  • quizzer
    08-14 07:42 PM
    I have a pending AOS (I-485) application
    filed by my previous employer (company A). The I-140 is approved and is well
    past 180 days. I moved from company A to company B in late April
    2008. They did an H1 transfer and filed for AOS portability under
    AC21. I did not like the role there, so had planned a move to Company C, my current employer - again H1 transfer and AC21 (yet to
    be filed). Just before I moved, I got another offer from company D
    (which I believe best fits my long term career interests). I would've
    avoided the hop to company C had I not given the notice to leave at
    Company B. Now, I am looking to move to company D at the earliest (perhaps in a month). I have
    been at company C for 4 weeks now.

    Question:
    Should company C file an AC21? Since there is already an AC21 on file (by
    company B) and if I will move to company D, can I reduce one additional AC21
    filing? This is just so that there aren't 3 Ac21s filed and to avoid
    making me look frivolous. Please advice. If its safer to file it, I
    can request an AC21 filing soon from company C.

    I'm not sure about your question. I want to congratulate you on getting multiple offers in this economy.

    Just curious to know your skill set and location?

    All the best!!!





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  • desijackass
    04-09 11:31 AM
    Same here, fraud bodyshop consultants make life miserable for genuine applicants and also give a bad name to the H1B process. It's more like an easy ticket to come to the US as opposed to being qualified for a job. I wonder what people think , that life gets better once you start with fraud??



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  • raysaikat
    04-10 12:32 AM
    So either they hire and pay and make their responsibility to find job or don't file for H1b's

    USDream2dust

    That is already the law. But this law has been proved to be virtually impossible to enforce. The only practical solution is to deny H1-B's to consulting firms (at least for the positions that require the employee to work at the client location).





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  • ramus
    05-29 05:36 PM
    Thanks...
    I wish everybody act quickly like you.. Thanks again. Please try again.



    Friend,

    Thanks for the update , Yes just now I tried and I got following error from webfax, will try again and count me in I will be sending the fax.

    Immigration Voice Web Fax
    Message was not sent
    Mailer Error: Language string failed to load: recipients_failedivwebfax@gmail.com



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  • mblueocean
    07-07 04:26 AM
    Couple more ways to get media attention

    Click on links and vote on it.

    http://ezeques.newsvine.com/_news/2007/07/06/821192-suit-planned-over-visas-for-the-highly-skilled

    http://www.facebook.com/login.php?popup&next=http%253A%252F%252Fwww.facebook.com%252Fshare r.php%253Fu%253Dhttp%25253A%25252F%25252Fwww.nytim es.com%25252F2007%25252F07%25252F06%25252Fus%25252 F06visa.html%25253Fex%25253D1341460800%252526en%25 253D5049edb808b4b9dd%252526ei%25253D5124%252526par tner%25253Dfacebook%252526exprod%25253Dfacebook%25 26t%253DSuit%252520Planned%252520Over%252520Visas% 252520for%252520the%252520Highly%252520Skilled





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  • kode
    02-10 02:17 PM
    i'm starting to believe that you're right ...



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  • rb_248
    10-30 03:47 PM
    Just came back from Info pass appointment.

    The officer told me that they haven't seen any thing wrong in the system.
    Further he told in both of our cases the back ground check is completed and cases are "pre-adjudicated" (i don't know what does it mean)

    Then i have asked him why the letter says "not admissible under the current law"

    He said, there might be a very minor details the officer needs to clarify or send it to his superior for review. Further more he said he does not have the physical file in his hand right now if you want i will request for the file and look into that. I asked him what do you suggest on this, he said wait for some more time as i don't see any problems in your case. If i order the file your case will be taken out for nearly two months from the queue.

    That sounds like good news. You must be relieved.





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  • prioritydate
    07-25 01:39 PM
    Have time to post something here? Heheee.... I am posting these message while my project is compiling and building.



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  • GKBest
    08-20 07:55 PM
    Do you happen to know who used your labor certification? If you have a copy of the LC and I-140, inform the DOL /USCIS that someone has used your LC and I-140 without your knowledge. I'd like to believe that USCIS will take note of this and will deny the application of the person who used your LC and I-140. Your employer will be in deep trouble because of what he has done. USCIS may investigate the case. It will be wise not to mention that you paid anything. The fact that you were hired under H1 status and is still working with him shows that the LC and the I-140 rightly belongs to you.





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  • rockstart
    03-17 09:02 AM
    What is supplimentry exam? Is it that you did some extra courses after finishing your requisite courses for Bachelors? or are you refering to clearing your backlog subjects ( subjects from previous semesters that you had not cleared?). Where did you get your degree India or US?



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  • raysaikat
    06-05 05:09 PM
    I found some things in our favor:

    1. Cap exempt H1B holders can now work for cap subject employer CONCURRENTLY without being counted to cap


    If I am reading the memo correctly, there is more to it. Suppose person 'X' is working for a cap-exempt employer "A". Now s/he can do the following:

    (i) get a "concurrent" H1-B for a cap-subject employer "B". During this time the person 'X' continues his/her employment with the cap-exempt employer "A".
    (ii) Once the H1-B is approved, s/he can stop working for the cap-exempt employer "A" and continue full time work with the cap-subject employer "B".

    However, later on if person "X" wants to move to another cap-subject employer "C", then "X" needs to wait for H1-B quota numbers.





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  • cbpds
    07-06 03:52 PM
    Your need to also wish that legal immigration issue is included in the bill as senators might CIR at the expense of the legal immig issue......you do not provide them the votes they need

    Wishful thinking - Would be nice if the court went against AZ and asked the congress and senate to resolve the issue soon through legislative action. :)



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  • radhay
    07-25 11:12 AM
    NSC e-Filed EAD and AP 06/16 for both of us.
    Finger prints: 07/11.
    EAD approved for both: 07/18
    AP Approved for both: 07/21
    EAD Card Received for 2 years valid from date of approval: 07/22
    AP document: Waiting..





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  • raysaikat
    07-19 06:20 PM
    Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.

    Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.

    And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?

    If your GC is approved before your wife can enter US and apply for I-485, then she can do "following to join" through consular processing. The apparent wisdom seems to be that the application has to be done quite quickly, but I had read in one website that there is no time limit to apply (it is possible that the law changed in that regard; you need to seek a competent lawyer's advice and check the current rules). I also read that visa numbers are not required for following to join; i.e., she can get GC even if PD retrogrades. Again, that could be a outdated law, or perhaps that wording was for the "following to join" procedure for the spouses of US citizens. In any case, if you act quickly and properly, there is not much to worry about not being able to get your wife into US after your GC.





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  • sertasheep
    07-07 09:02 PM
    link to Dr. Bahrainwala's video: http://immigrationvoice.blogspot.com/2007/07/iv-member-in-news.html along, with some background info. Thanks to member mbawa2574 for capturing the video(is there a better captured version elsewhere?)





    RandyK
    02-20 05:28 PM
    I think all depends on how many ROW cases are in the 47000. Especially older PDs, newer PDs most likely will be still in the I-140 queue or I-485 queue to be proceesed.



    I presume that ROW would be significantly impacted by this as India & China would not benefit a lot from it now because of PDs being badly retrogressed. I'm afraid that this has the potential of exhausting EB3-ROW row numbers for the rest of the year. Am I wrong to assume this?





    Brightsider
    06-02 10:30 AM
    Guys,

    Spread the word.
    The bill is slipping in its position.....rather, others are overtaking.
    Let us tell our friends and colleagues, and encourage and urge them to vote and support.
    God Bless US



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