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My daughter and son-in-law have been legally living and working in the USA for over 5 years (although the first immigrant visa was filed for my daughter 13 years ago). Their path to a green card is a little different to most of the members here, who are mainly H1-B. My son-in-law started with an H-2B visa, got an extension and then progressed to an L2 visa when he and my daughter married. He was sponsored for an I-140 (EB3) by his employer and endured the usual trials and tribulations of the labor certification process. His priority date is July 2005. At the time the process was started, the EB3 was current. My daughter's I-130 (Family 3rd preference) is also approved, and the priority date is Dec. 2004.
They missed the June 2007 Visa Bulletin cut-off date by 18 days, but were jubilant when the July Visa Bulletin showed all dates as current. They already had most of their paperwork prepared, but like everyone else dashed around finalizing the details with the help of a great lawyer. Their I-485 applications were mailed June 29 and delivered to the CIS morning of July 2nd. The acceptance of their applications is critical to their future. Their L visa's will expire shortly and cannot be renewed. If they don't receive employment authorization documents they face tremendous financial and emotional suffering. They own property, have a US citizen child and have nowhere to go if they are forced to leave the country. All family members are US citizens living in the USA. Their employers will also lose key employees. How can employers be expected to prove (at great expense) that there are no US workers available for a job, and then have to wait for many years before they can employ the person whose labor certification and I-140 they have paid for? Especially when that person has been working for the company for several years on a non-immigrant visa and is a key employee! |
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Imagine. You are applying for a green card. You wait for 4 years and in some cases 8 years for your turn. You have lived here longer than that. You have been a law abiding individual. Your worst crime was getting a parking ticket or a speeding ticket. On June 15th you are told, "It is your turn. Go ahead and apply." You get all your paperwork in order. You spend two weeks getting your finances to the tune of three to four thousand dollars in place to pay the lawyer fee, the filing fee and medical checkup expenses. Double that amount if you have a family. If you are lucky you have the money in your savings account. If not, you get a loan or put it on your credit card. You hold off all other expenses. This is more important than everything else. Loan payments, a new car, a new house and even a long planned trip to a home country that is thousands of miles away that you visit once every two years. Your family is overjoyed. Your parents back home are overjoyed. Your relatives and friends send you congratulatory notes. The wait is finally over. Now there can be some certainty in your life. No more passing over promotions because it might jeopardize your green card. You can change your employer if you want. No more uncertainty of having the leave the country "within 10 days" if the company fires you. You feel liberated. The end is near. You are told you can apply anytime between July 1st and July 31st. There is plenty of time. It is June 29th. It's a Friday. "Monday I become eligible.", you remind yourself. Your paperwork is in order. Monday the wait will be over.
On Monday you are told, "Sorry you cannot apply." You have to wait for another three months and then "maybe", just "maybe" you can apply. And the fee will be almost double of what we charge now. First you are left bewildered. "Surely, It must be a mistake.", you think. But it is confirmed. You still cannot apply. Surprise now turns to anger. You are searching for answers. What happened? You find out that the agencies incharge of handling the green card adjudications, USCIS (part of DHS) and DOS have had a mixup somewhere. These agencies are overburdened with thousands of cases. You feel helpless. You suddenly realize that you are back to where you were. The wait is not over. The uncertainty is back. What I have just described happened to thousands of legal immigrants trying to be part of the American Dream. Right before 4th of July. We do not want any sympathy. We have lived with this uncertainty for years. But put yourself in the shoes of these immigrants. Law abiding immigrants patiently waiting their turn for years. Not weeks. Not months. Years!!! Patient with an immigration system that needs substantial improvement. Patient with the constant wrangling of a Congress that gets their hopes up every year with promises of fixing the system only to be disappointed every year. Fearful of the anti-immigration voices that advocate a more severe system that could prevent you from applying altogether. Could there be a sterner test of patience? Could there be a sterner test of the desire to be a part of this society? But the legal immigrants are still silently waiting their turn. They are quietly hopeful. As America celebrates its freedom this week, the legal immigrants are still waiting to be liberated from the shackles of a broken system. Does anyone care? God Bless America. |
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Outcome of July bulletin:
a) Travel Plans Cancelled:My wife had a travel plan to India in end of june to visit her father who underwent a bypass heart surgery in the end of June 07.She endup cancelling it due to the outcome of the July bulletin being current. b) Medical Exam : 2 shots each, TB test, blood test. Total cost 400$. c) Attorney fees, paper work, photographs,40 hours filling applications etc. More emotional stress. Thanks. |
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Came to US in July/1999. Have Engg, MBA and CPA degree. Got married in 2000 to wife who has her Masters In computers. She was productive there. Sold her the story that within 3 years you can again be productive. Changed company in 2002. Started GC process again. Stuck in Backlog NONprocessing center. Layoff in 2006.
Lab substitution to avoid further delay with PD Mar/04. Had 1st chance in June07. Did all paperwork and then came July bulletin. Lawyers advised not to worry we can file in 1st week of july... Rest is history. Uncertain, wife feeing depressed, unable to buy home, thought of registering company and start a S corp, that plan is shelved. Wife cannot do business/work and we are not able to live our fullest life. Always worried what if layoffs happen, negotiating salary so that it is always above the prevailing wage, stiffled in same position, unable to have choice in career...and life just goes by. May god throw some wisdom on this process for LEGAL immigrants.
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http://www.cafepress.com/immivoice EB2 - India PD - Mar/2004 I 140 approved I 485 Date received July/20/2007 RD July/20/2007 ND Aug/17/2007 FP Oct/5/2007 EAD/AP - Received GC interview date Nov/2009 GC approved Feb/17/2010 If my post has been helpful, please consider contributing to immigrationvoice. It will help us continue this effort and serve the community. Thank you. |
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My story is similar to many, although I am from Russia originally.
Came in 1998 on F1, graduated in August 2001 (right before September 11) with masters in computer science. Found job in Virginia, applied for H1, Labor Cert ended in back log. Laid off in 2005. Found a new job and applied for GC again. Now I have I-140 approved in EB3 category - salary does not satisfies EB2. All this time my husband is on H4. This nightmare seems endless... Who may know about it in 1998:
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Please put your name , address and send this to Pratik at Pratik@immigrationvoice.org..
Can we do this for them.. They don't have time to come here and look for our stories... Thanks. Quote:
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We booked a ticked to send our kid to India for summer vacation. After July bulletin we cancled his trip because physically he should be present in US to file the 485. The penalty for canceling the ticket is $450. This is an extra loss for us apart from medical etc.
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Thanks for sharing. Please send an e-mail with details as given in the following thread
http://immigrationvoice.org/forum/sh...ad.php?t=10099 (Personal stories on JUNE-JULY VISA BULLETIN needed) Quote:
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sent my story to Pratik@immigrationvoice.org
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It is 9 yrs I came to the U.S did my M.S in the US and pursued the US dream.
I started my own company invited venture capitalists and got washed away in the .com boom. So couldn't apply for GC immediately. My wife did her MBA from US and we have been working henceforth. I am forced to work as a consultant since I could not leave my employer. The client a big financial company offered me a job of Director of their Six Sigma team a chance of a life time but couldn't take it because I didn't have 3 yrs of H1 left or a GC. My big dream of going up higher in the hierarchy is waiting for 6 years. I cannot plan my career, cannot plan or make big decisions. Had a plan ready 2 yrs back on starting another company a Ethanol Manufacturing firm, have VC's lined up, received a pat from the god of ethanol promoter in the US, but again cannot dedicate full time to that since I and my friends don't have a GC and this is in the back burner...cannot work around the system because to work full time on new ideas I have to leave my current job and I cannot leave my current job. Wife is a SAP professional and since we have a house in DC area we cannot leave this place and around DC area, working without a GC is a pain in the neck. she Recd multiple offers from big companies but since does not have a GC or they required security clearance she had to demote herself to half the salary and take up a job around the area so that she doesn't have to travel while working with the Deloittes and PWC's. With the bulletin we ran around, I compiled my paper work on the night of the bulletin release. My brother in law got the birth certificates and affidavits after a week, submitted all the paper work to lawyer drove 200 miles and made sure the entire paper work was ready by July 1st in time to send on July 2nd. Cannot pursue a career path because of this having to wait for GC. Every day is unpredictable as a consultant and I guess dreaming to live a stable life, follow a career path, your entrepreneur thoughts ..man what is America all about? Is America not built with people like us? How many aboriginals are living here now? Is every one(mostly) not an Immigrant here? Why do you have to tighten the nuts and bolts to make it tough for legal immigrants? I pay 4 times more taxes than an average American and I am still not welcome here. Spent most of prime time in the U.S and it is tough to pack bags and go back even though if you are going to your country. Looking back what have I achieved in the past 9 yrs .. nothing. NO CAREER. If I have to go back unfortunately which I cannot I would never have come here and pursued my Career in my country with my people. |
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Had a travel plan to India in July (postponed now though)...
Money related expenses: $6,200 (Attorney fee excluded) I am waiting to get the attorney fee because I am sure my employer wont pay the redundant filing for current I-485 filing and next current time. Premium processing for H1b: $1000 Lawyer made a mistake and filed I-140 Premium: $1000 India tickets cancellations $550 (250 each + FedEx) Medicals $1250 (including 2 days vacation) Drive to Lawyers office $1000 (2 vacation dates +gas) Others (visa appts, India ph calls, FedEx etc.): $200 Zeroz for Birth Certificate, Passport etc:- 100 Personal and mental tensions: DOB certificates from India: parents and brother time for a week almost. Postponed family planning for kids We are raising families here, our everyday life is no different from any other AMERICAN middle-class family with same aspirations and hopes- in pursuit of the great American dream, so it is not easy to presume that we can pull out or get out of this situation and return to our home countries. We still have faith in the constitution and the spirit of this country. We have played by the rules and we continue to preserve faith that this oversight will be reversed and we will get the opportunity to achieve what we have waited for years, being law abiding individuals and fulfilling all requirements to the tee. I got my passport pictures (USD 60) and mailed it all to our lawyers praying it will be one of the first to reach the department office on start of business on 07/02.Little did we realize that this would be overturned by the events of 07/02. The 07/02 revision to the July visa bulletin stated that they will not accept any applications as they had already allocated all the visas for the current fiscal year in an unprecedented action. " Last edited by santoshhyadav; 07-15-2007 at 05:41 PM. |
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