Coping with Backlog wait

2

2002calabor

Registered Users (C)
I am starting a new thread for people who have been waiting for several years for labor certification. This type of wait impacts you in several ways and puts your life/career on hold.

Feel free to discuss problems/solutions resulting from wait:
1. Being stuck in the same job for several years.
2. Educated spouse waiting to start job.
3. Children aging out waiting for GC.
4. Missing out on business opportunities.
5. Being unable to buy a house.
6. Questions related to 401k.
 
I guess I'm not the only one!

Oh my god..where to begin? ...I DON'T EVEN have to mention anything...you just listed them all out!!! I can't change my freaking job...I can't send my kids off to college, I can't buy a freaking house...!! I've to ask other people to do stuff for me when It comes to the legal process...I hate it!!! I can't start my own business....I can't do jack!
 
You are not alone...

Well i feel sad for you and hope that we all will get out of this mess soon.
PD, CA 08/2001, remanded in 2003, got 45 day letter in 05, havent heard back anything after that.
My career is spoiled because of this. I have been with a company and job that i dont like for more than six years because of this Green Card shit.
Waitingfor4+yrs said:
Oh my god..where to begin? ...I DON'T EVEN have to mention anything...you just listed them all out!!! I can't change my freaking job...I can't send my kids off to college, I can't buy a freaking house...!! I've to ask other people to do stuff for me when It comes to the legal process...I hate it!!! I can't start my own business....I can't do jack!
Click to expand...
 
Dont tell me about it

Sorry about it guys. I am in the same boat. I am having to cope not only with job I hate but with also pricks..who act like managers and do nothing...bad management..lousy job etc etc..i hate it and i dont know how many years I need to continue. I wish I could switch.

I have two more years in H1-B. Do you guys think it is a good idea to switch now. My LC is been screwed in Backlog center since august 2003 and
is non RIR. I am from a country whose EB2 is current.

I want to leave this company and work as a consultant but I heard there are
many dangerous companies out there that cheat you for green card..
any suggestions for good companies??

Or should I wait till my LC gets cleared in 2009 I guess....the way
the LC non-RIR moving it is never going to happen..damn I am suffering from
depression ..what should I do..may be I should start a blog that will
help me
 
2002CALABOR,

You've captured most of out lives very succintly.

I too am in a job I don't like any more - almost same position, same salary for 5+ yrs. I have two masters degrees from top tier universities in the US but that does not help in current circumstance. I had to pass on two very good job offers because of the delay in BEC and the green card process. I Pay 2.5% more than an immigrant in interest for a mortgage . . . .
I'm into the 10th yr of H-1b and spend most of my vacation time (and money) renewing/getting the H-1B stamped on my passport! It is a pathetic life!

P.S. Is there a way to claim lost opportunity damages from DOL?
 
Strategy for getting LC approval

Hello guys,

Got the good news yesterday from my employer and the lawyer that my LC got certified. I cannot believe I waited close to five years for this to happen. Following is the strategy I used to get my labor approved.

Aug 8: I got my employer to write a letter asking for the status of my application. Letter also included a line that such a prolonged delay in review of my application not only adversely affects my career but also affects the institution.

Aug 12:I got the staff of the congressman to write a similar letter.

August 14: CHanged my username over here from gcby2020 to Very_Hopeful (With PBEC take no chance. Even becoming superstitious helps :))

August 16: Sent a email to PBEC to update my address.

On August 31 got the magic phone call (that I had been waiting for last five years) from my lawyer

Details of my LC:

ETA Case Number: P-05123-88***
Priority Date: 12/10/2001
Processing Type: EB2-RIR
State: New York
Date of reply to 45 day letter: 8/18/2005
Date Case assigned to analyst: January 2006
Approval Date: August 24, 2006

I don't know which of the above measures helped. But I urge all the 2001 cases to get help from their employers and congressman/senators. Thats the only way their cases will be certified.

I thank everyone for their constant support. I will keep visiting. Now onwards to filing for I-140. Unfortunately for me visa numbers are currently unavailable. But I will reserve that worry for a later date.
 
puskeygadha,

I know it can be depressing but I don't think that helps us a lot. I think we need to do whatever to

1. Help our career.
2. Help make lives smoother (yeah that's possible :)
3. If possible start consulting jobs/business on the side.



puskeygadha said:
Sorry about it guys. I am in the same boat. I am having to cope not only with job I hate but with also pricks..who act like managers and do nothing...bad management..lousy job etc etc..i hate it and i dont know how many years I need to continue. I wish I could switch.

I have two more years in H1-B. Do you guys think it is a good idea to switch now. My LC is been screwed in Backlog center since august 2003 and
is non RIR. I am from a country whose EB2 is current.

I want to leave this company and work as a consultant but I heard there are
many dangerous companies out there that cheat you for green card..
any suggestions for good companies??

Or should I wait till my LC gets cleared in 2009 I guess....the way
the LC non-RIR moving it is never going to happen..damn I am suffering from
depression ..what should I do..may be I should start a blog that will
help me
Click to expand...
 
Thanks guys

2002calabor and everyone

yes i know we can only make best use of what we have now..and not worrying about the future.

i have the best reviews and i am not sure why my manager never promotes me or anything ..may be they know my current situation and they feel i dont have much choice.

basically i feel i am sidelined on projects..do u guys feel similar sometimes or
may be it is just psychological..what do u think...

thanks so much
 
YOur not alone...

I don't know if its a good news or bad, but we're in the same situation as you. I know where you're coming from. And people are just taking advantage of your or our current situation. :mad:
 
Congrates Very_Hopeful
May be all this effort might helps u,But my PD comes just 4 day before u. See my signature.I did nothing at all except asking for Labor Cert Pending Proof for 7th year H1 extension filing.
And one day I just call 202 no. (that was my first call )and a guy told me my labor is already approved few days back.
I hope everyone will come out from this mess soon
***************************
Case RIR - NY - EB2
PD Dec-6-2001
Case Number: P-05123-XXXXX
45 days letter received - mid sept 2005
Replied - mid sept 2005
Last update feb-17-06
processing center - Philadelphia Backlog Elimination
Status approved July-20-2006

I-140 Details
-------------
In process of filing I 140


Very_Hopeful said:
Hello guys,


Got the good news yesterday from my employer and the lawyer that my LC got certified. I cannot believe I waited close to five years for this to happen. Following is the strategy I used to get my labor approved.

Aug 8: I got my employer to write a letter asking for the status of my application. Letter also included a line that such a prolonged delay in review of my application not only adversely affects my career but also affects the institution.

Aug 12:I got the staff of the congressman to write a similar letter.

August 14: CHanged my username over here from gcby2020 to Very_Hopeful (With PBEC take no chance. Even becoming superstitious helps :))

August 16: Sent a email to PBEC to update my address.

On August 31 got the magic phone call (that I had been waiting for last five years) from my lawyer

Details of my LC:

ETA Case Number: P-05123-88***
Priority Date: 12/10/2001
Processing Type: EB2-RIR
State: New York
Date of reply to 45 day letter: 8/18/2005
Date Case assigned to analyst: January 2006
Approval Date: August 24, 2006

I don't know which of the above measures helped. But I urge all the 2001 cases to get help from their employers and congressman/senators. Thats the only way their cases will be certified.

I thank everyone for their constant support. I will keep visiting. Now onwards to filing for I-140. Unfortunately for me visa numbers are currently unavailable. But I will reserve that worry for a later date.
Click to expand...
 
In Short...

From what's described, it is almost like another form of "slavery" and "exploitation". :rolleyes:
 
Choices and decisions

I have come to realize that what defines each one of us as individuals (the essence of our character) is the choices we make and the decisions we take..

I have seen people who have taken risks in life succeed.. If all of us follow the crowd, we will end up in the crowd at the finish line also..

I say this as I am contemplating something different.. Something that will help me break away from the pack... and this involves chucking my GC process stuck in Labor..

May be this other dream is something I have to hang on to.. I need that bigger dream / vision to keep myself going.. I need to fly over the clouds of despair like waiting for the GC or any others..

I recently made a conscious decision that I am going to live life.. with or without the GC.. GC makes job hopping in the USA easier.. But there are jobs outside USA also.. I am going to keep my hopes up.. and if I am good enough here, I should be good enough in a lot of other places..

I encourage you all to keep your hopes up.. Consider international assignments.. Our career between 30 and 45 or so is critical.. we cannot let it slip by.. Life is to live.. not to wait..


Tom Puvathoor..
 
Tell me about it. I know I am qualified enough for a management position. But I can't even apply for a management position in my company because the HR says that will violate the LC process.

That's why I want to find alternate ways to retain my sanity during this process.

puskeygadha said:
2002calabor and everyone

yes i know we can only make best use of what we have now..and not worrying about the future.

i have the best reviews and i am not sure why my manager never promotes me or anything ..may be they know my current situation and they feel i dont have much choice.

basically i feel i am sidelined on projects..do u guys feel similar sometimes or
may be it is just psychological..what do u think...

thanks so much
Click to expand...
 
2002calabor said:
1. Being stuck in the same job for several years.
2. Educated spouse waiting to start job.
3. Children aging out waiting for GC.
4. Missing out on business opportunities.
5. Being unable to buy a house.
6. Questions related to 401k.
Click to expand...

6. I contribute 20% of my gross to my 401k. I don't see what's the problem.
5. I have bought a house (not saying i'm rich or anything; afterall it's mortgaged).
4. You can open a business, but can't work for it.
3. that could be a prob with some. my son was born here though.
2. Let the educated spouse get his/her own H1B.
1. Yes it can be a problem.

The affect will obviously more pronounced for some than others. But it's a scarifice of a few years to enjoy rest of your life 50-60 years in US. Keep the big picture in mind friends.
 
We all understand that its a sacrfice and that's why we are all here. I am glad most of what I listed are non-issues for you. But for a lot of ppl, these are serious issues.

gravitation said:
6. I contribute 20% of my gross to my 401k. I don't see what's the problem.
5. I have bought a house (not saying i'm rich or anything; afterall it's mortgaged).
4. You can open a business, but can't work for it.
3. that could be a prob with some. my son was born here though.
2. Let the educated spouse get his/her own H1B.
1. Yes it can be a problem.

The affect will obviously more pronounced for some than others. But it's a scarifice of a few years to enjoy rest of your life 50-60 years in US. Keep the big picture in mind friends.
Click to expand...
 
:) This is interesting...I agree w Puvathoor. Also, now w PERM and premium processing for I-140, changing jobs should not be a problem...ask the new employer to file PERM (avg approval time of 1 week) and then file I-140 premium processing (avg processing time of 1-2 weeks) and THEN, accept the job...the thing is, till you are legally allowed to work in US, how does it matter whether you have GC or a visa?

I know that till PERM was not around, it was indeed 'stuck-in-GC' situation, but now there are better options...so, live life folks! Forget about GC delays and all..it'll happen when it'll happen...move thro' your careers, buy property and do whatever you want to do...you live only once! :)
 
AmusedAgain said:
:) This is interesting...I agree w Puvathoor. Also, now w PERM and premium processing for I-140, changing jobs should not be a problem...ask the new employer to file PERM (avg approval time of 1 week) and then file I-140 premium processing (avg processing time of 1-2 weeks) and THEN, accept the job...the thing is, till you are legally allowed to work in US, how does it matter whether you have GC or a visa?

I know that till PERM was not around, it was indeed 'stuck-in-GC' situation, but now there are better options...so, live life folks! Forget about GC delays and all..it'll happen when it'll happen...move thro' your careers, buy property and do whatever you want to do...you live only once! :)
Click to expand...

You must be getting paid really well. Which is not a bad thing.

I had to refuse jobs paying twice as much as I'm currently getting because I can't work full time. I can't move to other states easily and most of the oportunties I had were not where I'm at :)
I had to refuse other high paying consulting positions because other companies didn't want to work corp to corp with my company since they wanted too much.
I can't start my own small business and work for it, and I can't afford to pay the workers. I have at least 2 or 3 things I wanted to start, even if it was just a side job but I'm not allowed to do it.

I did buy a house but I'm pretty much working to pay for it since real estate went up through the roof while I'm waiting for the green card, and few years ago when everything was still cheap, I couldn't afford the downpayment...

Luckily my son is a US citizen so hopefully he'll enjoy later, even though lately that's questionable since we're being re-conquered by the south of the border folks and our government is also trying hard to make a north american union and destroy the middle class.

I have not been on a real vacation since 2003 because I have to work overtime to pay for my house and family (lucky I get paid for overtime).

So yes, you should enjoy life if you can afford to enjoy it. Or if you can settle for very little, maybe than it's not a problem?
All I can enjoy right now is walking around the neighbourhood on what's left of my working weekends. Lol.
 
1. Being stuck in the same job for several years.
7 years doing the same shit, I did get promoted I make 6 figure, but I can't go any further without a GC. Most of my colleagues are making at least 20-50K more than I am. I have a lot of travel in my job. I have to pretty much fly out to a different city every week. I am stuck with the same technology for 7 years, my technical career is pretty much destroyed. If I ever get a GC I have to go back to school and get another degree and start all over again.

2. Educated spouse waiting to start job.
My wife has a MS degres from the top institute in INdia. But no company in her field is willing to do an H1-b for her. We did get her H1 done and got her in software QA kind of job, a lot of compromise for her. Now, she has a project in NY, and my work is in LA or SF and I fly to NY-LA every week.

3. Children aging out waiting for GC.
No kids yet, too much travel.

4. Missing out on business opportunities.
Have missed many opportunities to work somewhere else or do my own business. Can't dedicate much time to business work thanks to GC and work stress. My ex-colleagues have started their own companies and doing well, they come back and ask me for help, I am helping everyone except for myself.

5. Being unable to buy a house.
I did buy two houses and flipped them. One of my frieds bought 4, he was on 7th yr H1 and got laid off. And now housing market has crashed and he can't sell those. He has to leave country or find a loophole and stick around. You can blame his situation on greed, but the point being house is a big investment and being on h1 reduces your risk capability.

6. Questions related to 401k.
I contribute to 401K, I don't think u can do 20%, isn't the limit like 15% or 15K max? But if I ever have to leave I won't be able to use this money for anything till I am 30. How about my Social contributions? I am not gonna get anything, well, thanks to this administration, many US citizens maynot get anything back either, an ironic fairness.

I have been in US for 9 yrs, 2 yrs MS, 2 rs before I could file for GC. Friend who passed out with me would be getting their citizenships within a year.
Call it bad luck or whatever.

Those who say just close your eyes and enjoy my question is for how long? I did enjoy my life and I am still enjoying it. But I understand that this administration will not do anything for us till we ask fior it.

IF you are from India, then you could be stuck in this line for another 10 years, things are only getting worse.
You can't keep your eyes closed for 10 years. How about take an effort and do something about it?


And if any of you watched Elaine Chao's interview on CNN on labor day, it was amazing, she is such a blatant liar. THey were discussing minimum wage bill and she just blamed the failure on democrats. When CNN anchor stressed that democrats intrduced the bill, she said, they were not willing to compromise. I was very impressed, she pretty much showed the middle finger to everyone on national TV, she doesn't care, she is just a politician. Don't expect her to be fair or understanding.
 
Its different

You know its very easy to say this kind of stuff when you have waited about a year. When you have already waited 4-5 years (+ few years spent in MS/trying to find a good employer) for LC you can't risk losing your PD by trying to file PERM. If you refile PERM, you can get pushed back by several years to get GC.

Also, it matters if you have a GC or not because several ppl have spouses waiting to start working.

Anyway, the reason I started this thread was not just to complain. The idea of this thread is how can we make most out of this situation.

Has anyone here started a business while on H1? What kind of paperwork do you need to have?

Take Care


AmusedAgain said:
:) This is interesting...I agree w Puvathoor. Also, now w PERM and premium processing for I-140, changing jobs should not be a problem...ask the new employer to file PERM (avg approval time of 1 week) and then file I-140 premium processing (avg processing time of 1-2 weeks) and THEN, accept the job...the thing is, till you are legally allowed to work in US, how does it matter whether you have GC or a visa?

I know that till PERM was not around, it was indeed 'stuck-in-GC' situation, but now there are better options...so, live life folks! Forget about GC delays and all..it'll happen when it'll happen...move thro' your careers, buy property and do whatever you want to do...you live only once! :)
Click to expand...
 
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