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  • MissionImpossibleGC
    08-23 03:33 PM
    I lost the hope of GC after working 10 years in US because my GC is not approving.

    Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
    Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.




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  • bharmohan
    08-15 10:20 PM
    Gurus,
    On Aug 13th got an automated email from USCIS that they received information from DOS on Aug 9th and the present status is "Post Decision Actvity". I think my case is moving. Anybody knows how long it took from now?. I appreciate your valuable answers.




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  • deepimpact
    09-18 08:53 PM
    that is the part of the problem...... uscis has never provided correct and complete size of the backlog..... if backlog size were to be 190,000 then the dates should get current in all of the eb1, eb2 and eb3 categories in around 1 year.... how many here expect the dates to be current for all categories in around 1 year? probably close to zero.... nevertheless, most people think that the size of the backlog is equal to the number of applicants ahead of them..... which is to say that those ahead in line for each one of us is the cause of the backlog and not part of the backlog.... and those behind us do not deserve to be counted with us..... perhaps they should just wait period...... this is the formula most people here seem to use to derive at the size of the backlog.... hence difference versions and different numbers for the size of the backlog.....

    USCIS admits to a backlog of 190K but most are in EB2-I/C and EB3 with a PD earlier than Aug 2007. No one knows how many people are waiting in these categories with approved I-140s from Aug2007-Sep2010. It could be another 150-200K. S0 even if the backlog is not 800K, but its around 400K.




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  • bijualex29
    06-08 03:50 PM
    Man I tell you, In India people openly takes bribes and they call it as bribes. He we makes it as an official word called Primium processing, I call it as Sofisicated word for bribe only.



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  • guy03062
    10-28 02:30 PM
    AP renewal application Mailed: 10/06/08
    Reached @ USCIS: 10/08/08
    Check cashed: 10/23/08
    AP Receipt notice received: 10/27/08




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  • rajev_kk
    07-14 11:17 PM
    Thanks for the information.



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  • vaishnavilakshmi
    10-15 02:01 PM
    I had LUDs on 10/05/2007, 10/07/2007, 10/09/2007 on my I-485 application after my FP appointment. I do not know what it means though.

    Hi,

    Probably ur 485 is going be approved soon!We had only one soft LUD after fp in our 485s on 7th sep 2007,and no luds on i-140 and i-131 till date??

    goodluck,
    vaishu




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  • chanduv23
    07-17 07:37 AM
    Getting innovative is the Key here. Keep your paperwork ready (You must do it in the background). Tell your employer through email that all you need is an employer letter and he can fax it to you, tell him you will personally come over to the place where he is to get signature and you have no issues, remember in your communications "Just praise him" . Tell him he is great, and you respect him and and u love him etc....... tell him that he must definitely enjoy his vacation and you will come to wherever he is or arrange for a pickup from Fedex and he has to do nothing.

    All you need from him is a signature and copy of 140 approval. Your lawyer has to give you a copy if u requested, now if they are also playing it by your employer, you can tell them that you will come over to their office, and you need a copy so that you can file 485. Just be very poliet with them - be extremely polite and at equal intervals of time keep sending them polite reminders, tel, them you will come to their place and collect it personally - keep praising them and tell them how much you adore them.

    In the background, workout your way, talk to a different lawyer. If a lawyer requests previous lawyer for necessary documentation, they HAVE TO GIVE. This approach may be a bit difficult because your previous lawyer may use delay tactics.

    Remember - your employer is unethical and your lawyer is egoistic. You have to deal with crap.

    After things go well for u- screw them big time, expose them on the internet and desi crunch.



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  • gc_on_demand
    05-20 12:52 PM
    Here is link to full article..

    http://thomas.loc.gov/cgi-bin/query/D?r110:13:./temp/~r110hBM8XT::

    Some one posted on IV that Mr. SESSIONS supported recapture but opposed AgJobs portion. Truth is he only supported EB5 programme where US can make money.

    This post is only for awareness. Please call these guys and let them know what we are and what we are fighting for.

    It will not increase GC. which Sessions was saying yesterday. CALL NOW>>

    "It would also increase the number of employment-based green cards that will be given out over the next few years by 218,000. It is called green card recapture. I note that a green card, in effect, gives permanent legal status to a person who has a green card, and a guaranteed path to citizenship, as long as they don't have some felony offense. It would reauthorize the Foreign Investor Visa Program. That program probably deserves consideration for renewal and reauthorization. I just thought we certainly have not discussed it in the Judiciary Committee, where I think it is supposed to be coming forward. No hearings have been held on it. It was stuck in while the appropriators were considering funding our military men and women in Iraq and in other places. It was stuck into that without any real debate. "




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  • seahawks
    06-10 01:27 AM
    http://www.murthy.com/news/UDisster.html

    It is possible but I don't know the time line.



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  • kamdard
    04-08 11:02 AM
    PD: MAY-2002 (EB3 India)
    I-140/I-485 filed: 28-JUN-2007 (NSC)
    I-140/I-485 RD: 24-JULY-2007
    I-140 Approval: 05-SEPT-2007
    EAD/AP: OCT-2007




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  • unseenguy
    06-09 12:53 PM
    When i went to Mumbai last december i got my H1B stamped. while coming to US i showed the POE my H1B stamped visa he asked me for Advanced parol document and i was Parolled.When i asked him i have a H1B stamped in my passport why do i need to be parolled. He answered AP has a higher preference than H1B.
    the bottom line is " H1B stamping will not be considered for your entry". Its just a stamp for your satisfaction.
    I am not going to stamp my H1B again. 18 months back when i came from Vancouver Canada the POE let me in by AP not by H1B visa. I asked him about my valid H1B and the POE told me you can enter using either one but we prefer AP.

    If you are a local from mumbai then its okay to attend a interview and get stamped. They don't ask much in my interview. In my last interview they asked me in the picture you have a mouthstach and now you are clean shaven. So that is the level of questions asked at the interview. Its just 2-3 hours of work or maybe half a day if you wish to do it.

    One more proble i went through at mumbai consulte, The dates were posted 1 week in advance and then a local person has to go and submit the document to the consulate. the FEDEX from US to India would be costing around 68 to 150 dollars and it needs to be reached within 1-2 days (i.e. 3 days before the interview). I got it done somehow.

    J thomas

    I entered on H1 visa this year. Me and my wife both arrived at the airport, I told the officer, my wife has AP and I have H1 visa. To which he said, where is your AP. I said, I have it but I prefer to use H1. Is it possible? He said thats fine. Your choice.



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  • doubleyou
    05-20 09:36 AM
    I agree that recapture is a big issue, but background check is also another issue that affects many IV members.
    It just does not matter if wheter one is a paying member or non paying member, i am sure that there are paying members who are also having same issue.
    As a start IV should get a count of members who are in the background check doloop.




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  • jung.lee
    01-24 02:01 PM
    lostinGCland: My wife (on H4) is in the same boat as you. Do you have AP in hand yet, and did they return your passport to you? If yes on both, then my attorney recommended to send a letter to the consulate instructing them to withdraw your H1B stamping application, then with a copy of that letter in hand, along with the AP, reenter the US on AP. Good luck!



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  • lalithkx
    07-29 05:54 PM
    Did anyone ask about EB3-India backlog?


    There is nothing to ask about EB3-India. It is retrogressed. There are no visas numbers available. Unless some new legislation is passed, Ombudsman or USCIS or anybody can do nothing about it. You have to wait for next year quota :=)




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  • Lasantha
    10-05 09:32 AM
    Yes, I noticed that and thought the same. I am submitting my application today. I have been trying it for the last 7 years with no luck. Who knows, this one could be the one when I hit the jackpot ! :cool:



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  • andycool
    09-15 12:28 PM
    Any ideas? (My wife and son are in india now).
    Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.

    Congrats..

    you really need to celebrate dude...




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  • karan2004m
    08-04 11:23 AM
    I read a stupid thing in one of the thread
    "I-140 will not be approved until PD is current" ,
    Is this true?




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  • anilsal
    11-09 09:17 AM
    Why don't you do I140 via premium processing?




    ksrk
    09-22 07:49 PM
    We did not return the i94 while traveling by air - and our renewal notice was with i94 (same number)

    Hi senk1s,
    When did you make this travel over air?

    I remember getting a new I-94 each time I returned to the US (in the last 2yrs) from Vancouver. They used to not require that you get a new I-94 (in 2001 and 2004), but of late, you are required to surrender your existing I-94 and get a new one when you return - even between the US and Canada, if you hold an Indian passport. Meaning that if you are refused the H1B visa stamp in Canada, you can't just enter the US on the previous I-94 (even it is still valid).




    sky7
    07-28 10:02 AM
    I was reading some latest info about I140 & I140 Premium Processing at
    http://www.murthy.com/bulletin.html

    it stated

    In order to be eligible for the three-year extension, the H1B worker must be the beneficiary of an approved I-140 petition and the case must be subject to retrogression (nonavailability of visa numbers).

    So say I got approved I140, but since i am as of now..not subject to retrogression (I am not from India/China, my EB2 is current - PD 9/2002), then I won't be eligible for 3-yr H1B extension???? :eek:

    Anyone knows?

    Thanks..



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