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Non RIR Discussion Only !
- Thread starter vpb
- Start date
Hopelessly frustrated
Guys,
It seems like i've lost hope of ever getting my GC. Please make any suggestions which could be useful.
My original labor was filed in 11/01 as non-RIR, EB3. Ajb hosted the Ad in 2nd week of Dec. Lawyer is yet to receive RI and i was told yesterday that the company management has refused to conduct any recruitment effort.
The same company/management filed an RIR app for me in 10/04 and my labor was certified 10/06. They are preparing to file I-140 next week.
I've explained, pleaded and begged to keep the 11/01 case alive but it looks like the President is just not willing to budge. Like many, i've been waiting for over 5 years to get labor certification and it seems another 4-5 years before the 10/04 date becomes current for Eb3.
I feel so discriminated against at this point as the management is not willing to complete what they started several years ago. It makes me so mad that i'm considering filing a discriminatory lawsuit against them, quit them and go back to India for good. It's so damn frustrating.
If the moderator/lawyer gets a chance to read this, please contact me.
Guys,
It seems like i've lost hope of ever getting my GC. Please make any suggestions which could be useful.
My original labor was filed in 11/01 as non-RIR, EB3. Ajb hosted the Ad in 2nd week of Dec. Lawyer is yet to receive RI and i was told yesterday that the company management has refused to conduct any recruitment effort.
The same company/management filed an RIR app for me in 10/04 and my labor was certified 10/06. They are preparing to file I-140 next week.
I've explained, pleaded and begged to keep the 11/01 case alive but it looks like the President is just not willing to budge. Like many, i've been waiting for over 5 years to get labor certification and it seems another 4-5 years before the 10/04 date becomes current for Eb3.
I feel so discriminated against at this point as the management is not willing to complete what they started several years ago. It makes me so mad that i'm considering filing a discriminatory lawsuit against them, quit them and go back to India for good. It's so damn frustrating.
If the moderator/lawyer gets a chance to read this, please contact me.
gcwhenever
Registered Users (C)
Just wanted to express my sincere sympathy for your case.Taurean said:Guys,
It seems like i've lost hope of ever getting my GC. Please make any suggestions which could be useful.
My original labor was filed in 11/01 as non-RIR, EB3. Ajb hosted the Ad in 2nd week of Dec. Lawyer is yet to receive RI and i was told yesterday that the company management has refused to conduct any recruitment effort.
The same company/management filed an RIR app for me in 10/04 and my labor was certified 10/06. They are preparing to file I-140 next week.
I've explained, pleaded and begged to keep the 11/01 case alive but it looks like the President is just not willing to budge. Like many, i've been waiting for over 5 years to get labor certification and it seems another 4-5 years before the 10/04 date becomes current for Eb3.
I feel so discriminated against at this point as the management is not willing to complete what they started several years ago. It makes me so mad that i'm considering filing a discriminatory lawsuit against them, quit them and go back to India for good. It's so damn frustrating.
If the moderator/lawyer gets a chance to read this, please contact me.
I was feeling like you even though my case is was filed in Dec 2004. My company refused to refile for perm and tries to slow it as much as possible, and lawyer is representing their interests only.
So when I hear of people who are waiting since 2001, I simply cant understand that in this country of lawsuits we dont have any recourse against this crap govt agency.
If a class action lawsuit is filed, I will totally participate, and all employers who took advantage of our situation should be penalized, and crooked lawyers should be disbarred for ruining our careers
Last edited by a moderator:
labordrags
Registered Users (C)
let me know what I can do?
I am so sorry to hear such a rude behaviour from your current employer. If you have some time in your H1, you are most likely to find a job in other company in EB2 catagory. Also, I would suggest you to stick with them for few more, until you get your I-140 approved, and that helps you in locking your PD of 10/04. Once you have I-140 approved, join other company and file PERM, and try to port 10/04 in EB2 catagory. If you want to file a ProSe against discrimination, you have to show that they filed the similar case to someone within the company and are refusing to conduct the ad for you.
Taurean said:Guys,
It seems like i've lost hope of ever getting my GC. Please make any suggestions which could be useful.
My original labor was filed in 11/01 as non-RIR, EB3. Ajb hosted the Ad in 2nd week of Dec. Lawyer is yet to receive RI and i was told yesterday that the company management has refused to conduct any recruitment effort.
The same company/management filed an RIR app for me in 10/04 and my labor was certified 10/06. They are preparing to file I-140 next week.
I've explained, pleaded and begged to keep the 11/01 case alive but it looks like the President is just not willing to budge. Like many, i've been waiting for over 5 years to get labor certification and it seems another 4-5 years before the 10/04 date becomes current for Eb3.
I feel so discriminated against at this point as the management is not willing to complete what they started several years ago. It makes me so mad that i'm considering filing a discriminatory lawsuit against them, quit them and go back to India for good. It's so damn frustrating.
If the moderator/lawyer gets a chance to read this, please contact me.
I am so sorry to hear such a rude behaviour from your current employer. If you have some time in your H1, you are most likely to find a job in other company in EB2 catagory. Also, I would suggest you to stick with them for few more, until you get your I-140 approved, and that helps you in locking your PD of 10/04. Once you have I-140 approved, join other company and file PERM, and try to port 10/04 in EB2 catagory. If you want to file a ProSe against discrimination, you have to show that they filed the similar case to someone within the company and are refusing to conduct the ad for you.
I agree with LaborDrag analysis.
I would also ask why your employer is not willing to conduct the recruitment effort - is it money? If it is then you may request them that you would bear the cost. I think it is worth every penny if you could retain the 11/01 priority date.
I would also ask why your employer is not willing to conduct the recruitment effort - is it money? If it is then you may request them that you would bear the cost. I think it is worth every penny if you could retain the 11/01 priority date.
Taurean said:Guys,
It seems like i've lost hope of ever getting my GC. Please make any suggestions which could be useful.
My original labor was filed in 11/01 as non-RIR, EB3. Ajb hosted the Ad in 2nd week of Dec. Lawyer is yet to receive RI and i was told yesterday that the company management has refused to conduct any recruitment effort.
The same company/management filed an RIR app for me in 10/04 and my labor was certified 10/06. They are preparing to file I-140 next week.
I've explained, pleaded and begged to keep the 11/01 case alive but it looks like the President is just not willing to budge. Like many, i've been waiting for over 5 years to get labor certification and it seems another 4-5 years before the 10/04 date becomes current for Eb3.
I feel so discriminated against at this point as the management is not willing to complete what they started several years ago. It makes me so mad that i'm considering filing a discriminatory lawsuit against them, quit them and go back to India for good. It's so damn frustrating.
If the moderator/lawyer gets a chance to read this, please contact me.
Hi Labordrags,
I feel totally deceived about this. I'm on my 7th year extn on the H1. With 2 small kids, i don't have a choice currently to accept this and wait for I-140 to be approved. I will certainly be looking for a job soon. With regards to discrimination, i wish i had the funds and the knowledge of how to proceed with it. Unfortunately, i'm the only person on an H1 with this company and they are enjoying my stay to the fullest. I'm actually the only 'outsider' in the company with hands totally tied down.
I feel totally deceived about this. I'm on my 7th year extn on the H1. With 2 small kids, i don't have a choice currently to accept this and wait for I-140 to be approved. I will certainly be looking for a job soon. With regards to discrimination, i wish i had the funds and the knowledge of how to proceed with it. Unfortunately, i'm the only person on an H1 with this company and they are enjoying my stay to the fullest. I'm actually the only 'outsider' in the company with hands totally tied down.
Days_go_by
Registered Users (C)
--------------Taurean said:TB2904,
The feeling is that i will quit as soon as the GC arrives with 11/01 labor and thats the reason why the president does not want me to get the GC. Costs are no issues: this is a cash rich company who's been burning money lavishly on the lawyer.
By any chance do you have any emails, letters etc from HR or anyone in the country suggesting/promising that they will process your GC application? That might help. THis GC thing is a big scam, see if you find a pre approved labor.
Good luck,
dgb
They've filed 2 labor petitions for me and getting ready to file for I-140. There's been many emails exchanged in this regards over the last 5 years. Isn't that indicative enough that the company wants to file for a GC for me. You won't believe how much this lawyer takes them for a ride and charges to answer each phone call and each email.
Days_go_by said:--------------
By any chance do you have any emails, letters etc from HR or anyone in the country suggesting/promising that they will process your GC application? That might help. THis GC thing is a big scam, see if you find a pre approved labor.
Good luck,
dgb
BruceWillis
Registered Users (C)
Endure this period
Hi Taurean,
That situation you are finding yourself is very depressing and can be frustrating to the core particularly when you wait on it for making important decision. I completely understand your situation and empathise with you. I would like to say a few things that you might want to consider.
1) How sure are you that they filed it the first time (2001). Is there proof of that that you saw personally. It is possible they have been lieing till 2004.
2) However desperate we are we should never show that to our employers. We should never in direct or indirect terms show what freedom we'll achieve after we get our Green Card. See.... it all plays a role. People are busy with their own lives. Us showing our desperation helps them to keep us chained longer. If only we just play it down and follow it up at crucial stages without anyone raising their eyebrow...... the situation would be different.
3) Ask for proof that they filed 140. YOu should ask for reciept number so you can check the status yourself. Don't do anything that will destroy yourself. There is no point proving anything to anybody here. In the final analysis.... when the dust settle, the question that you should answer is.... did you get your GC or not? Don't let some loser decide your course in life.
4) Pretend like nothing happened. Get your I-140 and start thinking about how you can maximise your opportunities given the choices that you have at this stage. I know it is very easy for me to say sitting here. But all I want you to think of is things that are positive. You will achieve nothing by teaching them a lesson. The best lesson that they can get is losing your enthusiasm in the work. Losing your faith in the company. Any decent CEO will know that those are more important from the employee than the actual work they can do.
5) Don't show your frustration. Wait for your chance and hopefully you will have the last laugh.
-Bruce
Hi Taurean,
That situation you are finding yourself is very depressing and can be frustrating to the core particularly when you wait on it for making important decision. I completely understand your situation and empathise with you. I would like to say a few things that you might want to consider.
1) How sure are you that they filed it the first time (2001). Is there proof of that that you saw personally. It is possible they have been lieing till 2004.
2) However desperate we are we should never show that to our employers. We should never in direct or indirect terms show what freedom we'll achieve after we get our Green Card. See.... it all plays a role. People are busy with their own lives. Us showing our desperation helps them to keep us chained longer. If only we just play it down and follow it up at crucial stages without anyone raising their eyebrow...... the situation would be different.
3) Ask for proof that they filed 140. YOu should ask for reciept number so you can check the status yourself. Don't do anything that will destroy yourself. There is no point proving anything to anybody here. In the final analysis.... when the dust settle, the question that you should answer is.... did you get your GC or not? Don't let some loser decide your course in life.
4) Pretend like nothing happened. Get your I-140 and start thinking about how you can maximise your opportunities given the choices that you have at this stage. I know it is very easy for me to say sitting here. But all I want you to think of is things that are positive. You will achieve nothing by teaching them a lesson. The best lesson that they can get is losing your enthusiasm in the work. Losing your faith in the company. Any decent CEO will know that those are more important from the employee than the actual work they can do.
5) Don't show your frustration. Wait for your chance and hopefully you will have the last laugh.
-Bruce
Taurean said:They've filed 2 labor petitions for me and getting ready to file for I-140. There's been many emails exchanged in this regards over the last 5 years. Isn't that indicative enough that the company wants to file for a GC for me. You won't believe how much this lawyer takes them for a ride and charges to answer each phone call and each email.
Hi Bruce,
I wish they had not filed in 01 so i would not feel as miserable as i do now knowing they did file. I have copies of 45-day letter, original receipt app, etc.
The desperation was quite evident as i am the only person off of a 100 who's an asian indian and the only one on H1B and the only one who's GC was ever applied. My eagerness to educate them of the process is leading to my own downfall.
Getting I-140 proof is no big deal, but no gain of time for me. It's like getting into an endless wait again. I will wait for it to clear though, before i initiate moving from here.
The CEO here thinks he's God and all his followers follow him like a dog. They know i am frustrated and also know there's nothing i can do (kids, house to sell, etc, etc)
I wish they had not filed in 01 so i would not feel as miserable as i do now knowing they did file. I have copies of 45-day letter, original receipt app, etc.
The desperation was quite evident as i am the only person off of a 100 who's an asian indian and the only one on H1B and the only one who's GC was ever applied. My eagerness to educate them of the process is leading to my own downfall.
Getting I-140 proof is no big deal, but no gain of time for me. It's like getting into an endless wait again. I will wait for it to clear though, before i initiate moving from here.
The CEO here thinks he's God and all his followers follow him like a dog. They know i am frustrated and also know there's nothing i can do (kids, house to sell, etc, etc)
indianpresent
Registered Users (C)
Hi Taurean,
My prayers for you. Some ideas , u might want to consider.
1> What is the reason of not following up with the 01 cases ? Is it loosing you ?
(If nothing works)
2> Try the new I-140 approved. Your PD would be locked.
3> Get a 3 yrs extension.
4> Change job, if u want to.
5> If you change job apply a new-PERM and so on.
6> There is lot of hope and chance of CIR coming through by June. So u might not loose anything at all.
7> But please do not consider suing etc. In a sponsorship application the employer sits on the top.
8> Try talking to them, talk to CEO and ask what is the reason he is not doing it. What does he want from you etc. etc. If nothing works then get the 140
approved.
-Thanks
My prayers for you. Some ideas , u might want to consider.
1> What is the reason of not following up with the 01 cases ? Is it loosing you ?
(If nothing works)
2> Try the new I-140 approved. Your PD would be locked.
3> Get a 3 yrs extension.
4> Change job, if u want to.
5> If you change job apply a new-PERM and so on.
6> There is lot of hope and chance of CIR coming through by June. So u might not loose anything at all.
7> But please do not consider suing etc. In a sponsorship application the employer sits on the top.
8> Try talking to them, talk to CEO and ask what is the reason he is not doing it. What does he want from you etc. etc. If nothing works then get the 140
approved.
-Thanks
Taurean said:Hi Bruce,
I wish they had not filed in 01 so i would not feel as miserable as i do now knowing they did file. I have copies of 45-day letter, original receipt app, etc.
The desperation was quite evident as i am the only person off of a 100 who's an asian indian and the only one on H1B and the only one who's GC was ever applied. My eagerness to educate them of the process is leading to my own downfall.
Getting I-140 proof is no big deal, but no gain of time for me. It's like getting into an endless wait again. I will wait for it to clear though, before i initiate moving from here.
The CEO here thinks he's God and all his followers follow him like a dog. They know i am frustrated and also know there's nothing i can do (kids, house to sell, etc, etc)
indianpresent
Registered Users (C)
140 - Ppp
I feel like home here, so much so that I do not want to go to any other thread and ask this stupid question.
Can I apply for I-140 now and wait for 3/4 months. If it doesn't come through by then convert it to Premium processing ?
-Thanks
MA-EB3-TR-2004 (with PBEC)
MA-EB2-PERM-2006(approved)
I feel like home here, so much so that I do not want to go to any other thread and ask this stupid question.
Can I apply for I-140 now and wait for 3/4 months. If it doesn't come through by then convert it to Premium processing ?
-Thanks
MA-EB3-TR-2004 (with PBEC)
MA-EB2-PERM-2006(approved)
gcwhenever
Registered Users (C)
Hi Taurean,Taurean said:Hi Bruce,
I wish they had not filed in 01 so i would not feel as miserable as i do now knowing they did file. I have copies of 45-day letter, original receipt app, etc.
The desperation was quite evident as i am the only person off of a 100 who's an asian indian and the only one on H1B and the only one who's GC was ever applied. My eagerness to educate them of the process is leading to my own downfall.
Getting I-140 proof is no big deal, but no gain of time for me. It's like getting into an endless wait again. I will wait for it to clear though, before i initiate moving from here.
The CEO here thinks he's God and all his followers follow him like a dog. They know i am frustrated and also know there's nothing i can do (kids, house to sell, etc, etc)
I am in the same situation, my company and lawyer try to prolong this as much as they can. If it makes you feel any better, my LC which was filed in Dec 2004, is still not converted to RIR, they will wait till the last date of Jan 20. Then they will start the recruitment, then wait for one month to convert, and then PBEC at some point will change my status to In Process.
At least you are at the I-140 stage. You have a big advantage, if you process I-140 premium process and get it approved in 2 weeks, you can threaten to move on unless they keep the 2001 case open, esp if you have another prospective job offer in hand.
I am at a point where I might get an offer from a company who will file perm before I begin (I'm already on 8th yr H-1b), and if they do I will file I-140 premium processing, and screw the PD and move on.
For 2 years I thought I want to preserve the PD, so stayed with this employer, no promotions, etc.
Now I am going to live my life, and hell with this gc priority date.
Hopefully if new laws pass soon it will not be too much of a problem having a late PD, since the new visa allocations should be able to accommodate 75% of gcs under process as of now.
I recently let my employers know that their attorney (not them) is incompetent, and since I could not afford to take a chance with something as important as gc, I would be happy to help them find a replacement for me and train them, and we could cooperatively reach a decision where I would move on.
Of course I did this at a time when they really needed me for a new project.
Their attitude has changed since now they see I am not totally helpless. I also mentioned my Congressman's office was helping me.
I think as someone mentioned you should never show them you are helpless and totally dependent on them.
wait for I-140 approval. Then they cant touch you, and you can negotiate that they dont close the 2001 case, otherwise you move on.
Days_go_by
Registered Users (C)
----------indianpresent said:I feel like home here, so much so that I do not want to go to any other thread and ask this stupid question.
Can I apply for I-140 now and wait for 3/4 months. If it doesn't come through by then convert it to Premium processing ?
-Thanks
MA-EB3-TR-2004 (with PBEC)
MA-EB2-PERM-2006(approved)
I am not very sure, but I was browsing thru the 140-485 forums recently and saw a post from a guy who had waited for few months for regular 140 and then upgraded to premium processing, his/her 140 was approved within a week after that.
gcwhenever
Registered Users (C)
Jan 20 is the last date by which you can convert TR LCs to RIR (I think)Taurean said:Hi Gcwhenever,
I appreciate your words of advice. I'm not sure about the significance of Jan 20, could you please explain.
GCkiTalash
Registered Users (C)
RIR Conversion e-mail response
Has anyone received the response from DOL on RIR Conversion e-mail request? Did they accept the amendments (if requested any)??
Has anyone received the response from DOL on RIR Conversion e-mail request? Did they accept the amendments (if requested any)??
manwithnoname
Registered Users (C)
indianpresent said:I feel like home here, so much so that I do not want to go to any other thread and ask this stupid question.
Can I apply for I-140 now and wait for 3/4 months. If it doesn't come through by then convert it to Premium processing ?
-Thanks
MA-EB3-TR-2004 (with PBEC)
MA-EB2-PERM-2006(approved)
and why not?? we know everyone by names ...
Yes, you can upgrade later (already mentioned by Daysgoby).