Legal Immigrants life stuck on USCIS & DOL Backlogs?
Find answers to your legal question.
Legal Immigrants life stuck on USCIS & DOL Backlogs?
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I am on h4 visa for past 6 years; my wife is a NY certified teacher. She is teaching on h1b visa for past 6 years. We pay Tax every year, and to get our visa papers, we spend $1000 of dollar every year, to stay on legal status, and we applied for our Green Card through employer bases on 2006, the First step for green card is Labor Certificate, we applied labor 3 years ago, we spend almost $4000 to get the labor paper done, but the DOL change their system and make things to do online called PERM, and DOL canceled my wife Labor saying not enough experience. Let me tell you, my wife is one of the best Science Teacher from New Delhi, India, have experience 7 years in India, and 6 year in USA Teaching in Special ed School. Now we file again our labor on 2007 with new system called PERM, and we again spend $4000 for all the paper work, and then DOL put our labor on Audit, which mean that if DOL put your Labor on Audit then they can take as much time of your life to give you answer in yes or no, and they are putting every case on Audit. on 2009 May, our visa is expiring, we paid again layer $2200 to get our h1 visa 7th year extension, our PERM is file and in audit for more than 365 days then we are eligible to get h1b extension for 7th year, but after 1 month of filing h1b the IRS ask my wife are you certified teacher. first of fall they gave her h1 visa 2 times already, but now why they ask the certification, i do not understand, it is another harassment from USICS. so we send them my wife citification, and from then we are waiting for their reply.
I ask every one, tell me, i can not work in this country because of my h4 status. And for past 6 year, I am waiting. they already took my life 6 years, and i don’t know whether they will approved on not. I invested all of our life saving in this country to buy a home. where our visa expire within one month, audit god nose how long it will take, what should we do. Are we that bad people, that my wife get sponsor by US school, she in one of the best. She teach her students very well, and her students love her, we going to treat in this country worst then illegal, that we are living our life on their yes or no. we cannot even sleep in night just to keep thing when they will reply us. Are we going to just leave our home, car, all the goods and leave this country, we take care our credit, and it is excellent. cause we pay bill on time. but then who will going to take care of mortgage. what will happen to our lives saving. This country is made of immigrants, and we Legal Immigrants this days treated like Black people use to get treated in 19th century, and people like my dose not have right to work, just stay in home. On the name of we are taking American workers jobs. Then why the first place they higher my wife, Because there were US law, we leave our country jobs and come hear with hopes and dreams, now were the immigrants right gone now. My wife is teaching science to all the US students so that they get educated and after doing all we can, and try to be a god citizen, our life are treated like garbage. My life is nothing, can not work, can not have SSN, can not open account, and my life is on backlog for decades, can take 10 or be 20 years for get the green card or they tell me after 20 years go back to your country. Tell me what we did wrong, should we wait for another one month and see what happen, and leave our home and go back to our country, Or just kill our self for all this harassment, Because it is our mistake that being legal and have all the right paperwork, we should get our labor with in 15 days to 2 months, and now I don’t know whether my Home, my car or my all the investment in this country will be in van. How can country solve the problem of Illegal where there is broken Legal system? And people like Legal face all the problems. I would request you to not to have any kind of law which allow people to come in USA, and if you let people to come, then on the top of it you show them dream for the path of permanent residency, and then put there life on backlog, or rune there life. If we have not shown the path of green card, then we have not been brought the Home or car, and invest in this country, but if there is Law, then why this harassment with our life, Why i am not free, why i have no rights to support my family financially . Again I request all the Americans not to let legal people to come in your country, but we are hired by Americans, and we are working for Americans, and we are getting sponsored from Americans, and we are paying taxes and investing in America, then please don’t see us like that, and if you don’t see us like that then, please I and 1000 of people like me love their life, and have ambitions to do some things, so give us some rights. Or just put us on jail, because I can not see my home to let go.
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egay
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I am sorry. Hang in there. You are not the only ones who have to go through the system they have in place here. It is quicker to naturalize in Canada. Before, I often wondered why I came here when I intended to go to Canada but you know what, after all the years I had to struggle I am still very happy to be here and I will not, not now anyway, trade it for any country in the world.
There is a light at the end of the very long tunnel. Be patient. You will get through it like a lot of people did. |
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Ali A
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You're not an "immigrant" yet--you're still on H1-B and that carries with it NO GUARANTEE of immigration. It is a NON IMMIGRANT visa as you should well know. Not even your employer can guarantee that you'll get a green card. If you didn't understand that when your wife was hired, then you didn't do your homework--or indulged in wishful thinking. In order to get a green card, your wife must go through LABOR CERTIFICATION in which her employer must advertise her position and show that there are not Americans available to do that job. Given that many teachers are being laid off across the U.S., it may well be that the Dept. of Labor is looking especially closely at those here on guest worker visas such as H1-B. It doesn't matter if your wife is an excellent teacher or not; what matters is if there are Americans who have the qualifications and interest in doing the job she holds.
And please, don't expect us to feel sympathy for you and your financial difficulties when so many Americans are losing their jobs and their homes. Why should "guest workers" have these when Americans don't?
By the way, I did a quick search and the reason that DOL is now doing so many audits has to do with FRAUD by a couple of major law firms. It's now tightening its scrutiny of H1-B applications and PERM filings for labor certification because of it. If anything, you could say that lots of immigrants have benefited in the past from DOL's "inefficiency" to the detriment of Americans, so DOL's trying to remedy the situation. And Clare, you and your mother may have entered "legally", but that's NOT the same thing as coming as a LEGAL IMMIGRANT. A non immigrant visitor's or student visa allows one to enter this country legally, but it specifically says that you're not entitled to stay here. To get such visas, in fact, you usually have to go to great lengths to prove you're going to go home. If you think ALL who come here on such visas should be able to stay, then maybe, just maybe, we should stop issuing them. |
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Ida Slapter
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Sell your house - return to your home country.
Gee, my heart is bleeding peanut butter for you.
I agree - moratorium on all immigration and foreign workers! |
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youarewrongbobisright
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Wow was that a long question and really a rant but I digress.
The reason you are not a citizen is because there are about 2 BILLION people in this world who would LOVE the chance to be a citizen too. We can only allow so many people. If we took everyone who wanted to immigrate here this country would fold in a week.
And by the way I am one of many who think the h1b visa program needs a huge overhaul with most visa holders going home. We have enough people with the skills to do the jobs but they are instead on unemployment due to unscrupulous employers who abuse the system. |
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Clare
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I loved your comment, 'How can country solve the problem of Illegal where there is broken Legal system?' because that is 100% correct. And, this is the thing that the American people don't understand. I came here with my mom legally at age 6. I'm 27 now and have been waiting for 9 years for a visa number. We have always tried to do everything legally. I can't work or drive either. My life has also been on a backlog. You are right, if they let us come here, we should be allowed to pursue happiness and have some rights. I too feel very very upset and without hope, and the debate rages on and to no avail for people who are trying to do it right. I wish there was an answer, and I wish the laws were more humane instead of money making. I feel your pain, know you are not alone, and when doing all you can do fails, don't give up on yourself. I am really sorry and just wanted to let you know that I know how you feel, and this system is in need of some serious repair. Forget the propoganda about 'illegals' and start fixing the problems with the 'Legal System'!! |
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Jack T
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Dude I am in the same boat as you I feel bad
my Priority date it dec 2006 and as the bulletin is moving it might take atleast 10-20 years.
So in the mean time I am praying to Lord Shiva.
Lord Shiva grants boon easily and pleases all his devotees.
Please pray unto him for guidance and he shall deliver you.
I am also a devotee of Krishna.
and the greatest devotee of Vishnu is Shiva.
as in Gita he says Amongst Vaishnavs I am Shiva.
The Lord Vishnu declares very emphatically that worship of His devotee is more valuable than the worship of the Lord Himself. |
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Gee
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Welcome to the bureaucracy & governmental inefficiency of the United States of America. |
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