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Beemar
03-28 01:38 AM
Yeh shadi nahin ho sakti!!!
widower zardari will be marrying kumari mayawati just after election to unite subcontinent and bring peace to world.
widower zardari will be marrying kumari mayawati just after election to unite subcontinent and bring peace to world.
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gcisadawg
03-28 12:54 AM
Love to see narendra modi as PM but I know that's far from happening. I would bet on LK for now.
Looks like Modi has given LS tickets to four criminals whom he put in jail during his first term in office.....
Looks like Modi has given LS tickets to four criminals whom he put in jail during his first term in office.....
mariusp
03-26 10:52 AM
I second that. I filed using labor subst and let me tell you, not all of us buy/cheat to skip the line. I filed using another employee's labor who's working for the same company. My PD is in 2006 which doesn't help much and I've been working for this company way before 2006 anyway. So don't jump to conclusions because there still are people out there who use LC subst. for what it was intended for. And can anyone honestly say that they would refuse LC substitution because it is "evil"? I think that with the current situation we should take advantage of any break we can get.
Very well said Subst_labor. People like Janak are simply jealous that you had the offer. People like him always will think that you are cheating the system or something like that just because a company offered you a labor substitution. I think that one should not judge such cases, and I am actually happy for all of those who are fortunate enough to receive their green cards sooner because of third factors. Good luck with your Labor subst. I hope the company is OK.
G
Very well said Subst_labor. People like Janak are simply jealous that you had the offer. People like him always will think that you are cheating the system or something like that just because a company offered you a labor substitution. I think that one should not judge such cases, and I am actually happy for all of those who are fortunate enough to receive their green cards sooner because of third factors. Good luck with your Labor subst. I hope the company is OK.
G
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unitednations
02-18 05:19 PM
You are theorizing based on circumstantial evidence, but the history and origin of the country quota does not support your conclusion. The fact that the DOL and UCCIS would not be able to keep abreast of illegal behavior is not something that would have been known at the time the country quota was introduced.
The other issue with your theory is that the abuse you are referring has its roots in the fact that the employer controls the green card process not the country quota. If I really want to abuse the country quota I would change my name and get a fake SSN / green card and wait for the periodic legalization initiatives or even simpler, get a birth certificate from the right country.
Brother; I am also an immigrant. At high levels; I think there should be no quota on employment base.
The purpose of EB is supposed to be to match an employer with a foreign worker because there is no willing and able American to do the job. Either a company needs a foreigner or they don't. They can't wait for years upon years because of a quota system. I look at sports as an example. In sports there is no quota that only a certain amount of foreigners can play baseball, football, etc. However, other sports leagues around the world (canadian football, european hockey, japanese baseball) have an import quota. However, the best sports leagues are right here in American because they want the best players. American soccer hasn't taken off because the best players aren't here; they are in europe.
Any reasonable American, politician would agree that if an american can't be found then they should be able to hire the foreigner with the least amount of interruption in their business. At high level and without any prejudice people would come to this conclusion.
However; we need to understand why is there a quota first of all; and then second why is there a country quota. I've almost come to the conclusion that EB immigration is just an accomodation to get a certain number of people into USA. If it truly was to attract the best/brightest then immigration would be much different. It looks like the answer is easy in my mind; no quota of any sort.
When talking to politicians, newspapers; maybe one would lose credibility when they would say there shouldn't be a quota. However, how do you come up with a quota of 300,000 verus 200,000 or 500,000. I don't know how one would talk to a politician and tell them to increase the quota and then come up with a number and then explain why it should be that number. A company either needs you or they don't; plain and simple.
I talk to a lot of people and a lot of different attornies and get involved in all sorts of discussions. There is a thread today asking that a person has gotten greencard but is married to a lady in India. She has a three year B.Sc and 3 years of experience and they want to know if she can come here on H-1b. Reason why this is being asked is because if the greencard holder sponsors her then it will take five years. So what is the easy way; bring her here on H-1b and then go the employment route. I can't even begin to tell you how many times this situation has come up off-line where a person got greencard real fast but never thought of the marriage angle and then they try to go this route.
The other issue with your theory is that the abuse you are referring has its roots in the fact that the employer controls the green card process not the country quota. If I really want to abuse the country quota I would change my name and get a fake SSN / green card and wait for the periodic legalization initiatives or even simpler, get a birth certificate from the right country.
Brother; I am also an immigrant. At high levels; I think there should be no quota on employment base.
The purpose of EB is supposed to be to match an employer with a foreign worker because there is no willing and able American to do the job. Either a company needs a foreigner or they don't. They can't wait for years upon years because of a quota system. I look at sports as an example. In sports there is no quota that only a certain amount of foreigners can play baseball, football, etc. However, other sports leagues around the world (canadian football, european hockey, japanese baseball) have an import quota. However, the best sports leagues are right here in American because they want the best players. American soccer hasn't taken off because the best players aren't here; they are in europe.
Any reasonable American, politician would agree that if an american can't be found then they should be able to hire the foreigner with the least amount of interruption in their business. At high level and without any prejudice people would come to this conclusion.
However; we need to understand why is there a quota first of all; and then second why is there a country quota. I've almost come to the conclusion that EB immigration is just an accomodation to get a certain number of people into USA. If it truly was to attract the best/brightest then immigration would be much different. It looks like the answer is easy in my mind; no quota of any sort.
When talking to politicians, newspapers; maybe one would lose credibility when they would say there shouldn't be a quota. However, how do you come up with a quota of 300,000 verus 200,000 or 500,000. I don't know how one would talk to a politician and tell them to increase the quota and then come up with a number and then explain why it should be that number. A company either needs you or they don't; plain and simple.
I talk to a lot of people and a lot of different attornies and get involved in all sorts of discussions. There is a thread today asking that a person has gotten greencard but is married to a lady in India. She has a three year B.Sc and 3 years of experience and they want to know if she can come here on H-1b. Reason why this is being asked is because if the greencard holder sponsors her then it will take five years. So what is the easy way; bring her here on H-1b and then go the employment route. I can't even begin to tell you how many times this situation has come up off-line where a person got greencard real fast but never thought of the marriage angle and then they try to go this route.
more...
JazzByTheBay
12-13 05:53 PM
The Visa Lottery (which afaik has been discontinued... )???
jazz
This problem has arisen out of a desire for the labor but not wishing to give the immigration benefits due to concerns which are not always convenient or comfortable to state.
If H1b was also a quota system, this would all be a moot discussion. Since it is not, and we have an unlimited L1 program we have this situation.
A few points are truly ridiculous. Anguilla with its 5K citizens has the same quota as India or China? How does that promote diversity. If every Anguillan applied in EB their quota would not get filled. Yet India has more diversity of religion, language, caste and virtually anything else you can imagine except perhaps ethnicity, arguably it has more diversity than Europe.
The worst insult in my view is EB immigration being quota based in a so called meritocracy. Either you are a meritocracy or you are not. If you want to promote diversity, then you can do so in FB or diversity category or something like that. If you really want to promote diversity then, you can argue this country already has enough people of northern European, German, Irish, Italian ancestry etc.
Which brings me to the main point, which is that it may be inconvenient, and it may be uncomfortable to say, but immigration(of all types) has, does and perhaps for the foreseeable future will have racial undertones.
A constitutional challenge will invariably run into the issue of aliens not having the same rights as citizens since no other argument can realistically hold any sway.
jazz
This problem has arisen out of a desire for the labor but not wishing to give the immigration benefits due to concerns which are not always convenient or comfortable to state.
If H1b was also a quota system, this would all be a moot discussion. Since it is not, and we have an unlimited L1 program we have this situation.
A few points are truly ridiculous. Anguilla with its 5K citizens has the same quota as India or China? How does that promote diversity. If every Anguillan applied in EB their quota would not get filled. Yet India has more diversity of religion, language, caste and virtually anything else you can imagine except perhaps ethnicity, arguably it has more diversity than Europe.
The worst insult in my view is EB immigration being quota based in a so called meritocracy. Either you are a meritocracy or you are not. If you want to promote diversity, then you can do so in FB or diversity category or something like that. If you really want to promote diversity then, you can argue this country already has enough people of northern European, German, Irish, Italian ancestry etc.
Which brings me to the main point, which is that it may be inconvenient, and it may be uncomfortable to say, but immigration(of all types) has, does and perhaps for the foreseeable future will have racial undertones.
A constitutional challenge will invariably run into the issue of aliens not having the same rights as citizens since no other argument can realistically hold any sway.
chanduv23
02-13 11:50 AM
We have three now and atleast 8 who supported this issue on the thread
I would be the happiest person seeing this :)
Lets add a poll - we want honest takers on this poll.
Thread starter - please post a poll
I would be the happiest person seeing this :)
Lets add a poll - we want honest takers on this poll.
Thread starter - please post a poll
more...
sledge_hammer
01-14 02:29 PM
They are implying that those who are currently working for body shops are to find an employer that would offer their definition of employer-employee relationship. But you are still with the body shop, then your extnesion will be denied!
Q: What happens if I am filing a petition requesting a �Continuation of previously approved employment without change� or �Change in previously approved employment� and an extension of stay for the beneficiary in H-1B classification, but I did not maintain a valid employer-employee relationship with the beneficiary during the validity of the previous petition?
A: Your extension petition will be denied if USCIS determines that you did not maintain a valid employer-employee relationship with the beneficiary throughout the validity period of the previous petition. The only exception is if there is a compelling reason to approve the new petition (e.g. you are able to demonstrate that you did not meet all of the terms and conditions through no fault of your own). Such exceptions would be limited and made on a case-by-case basis.
Q: What if I am filing a petition requesting a �Change of Employer� and an extension of stay for the beneficiary�s H-1B classification? Would my petition be adjudicated under the section of the memorandum that deals with extension petitions?
A: No. The section of the memorandum that covers extension petitions applies solely to petitions filed by the same employer to extend H-1B status without a material change in the original terms of employment. All other petitions will be adjudicated in accordance with the section of the memorandum that covers initial petitions.
USCIS - Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)
Q: What happens if I am filing a petition requesting a �Continuation of previously approved employment without change� or �Change in previously approved employment� and an extension of stay for the beneficiary in H-1B classification, but I did not maintain a valid employer-employee relationship with the beneficiary during the validity of the previous petition?
A: Your extension petition will be denied if USCIS determines that you did not maintain a valid employer-employee relationship with the beneficiary throughout the validity period of the previous petition. The only exception is if there is a compelling reason to approve the new petition (e.g. you are able to demonstrate that you did not meet all of the terms and conditions through no fault of your own). Such exceptions would be limited and made on a case-by-case basis.
Q: What if I am filing a petition requesting a �Change of Employer� and an extension of stay for the beneficiary�s H-1B classification? Would my petition be adjudicated under the section of the memorandum that deals with extension petitions?
A: No. The section of the memorandum that covers extension petitions applies solely to petitions filed by the same employer to extend H-1B status without a material change in the original terms of employment. All other petitions will be adjudicated in accordance with the section of the memorandum that covers initial petitions.
USCIS - Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)
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weasley
08-16 06:31 PM
SK2006 and snathan:
I do not agree.
First, there is no "profiling" in India. Everyone gets frisked and security at airports in India is top class.
Rules are rules, provided they apply equally to americans and Indians. otherwise its profiling or discrimination.
In 2000 December, I was travelling to Sydney from Mumbai Airport. I was held and later interviewed separately by a Tamil Speaking officer. Just because my name resembled like Srilankan Tamil. They wanted to ensure that I am not LTTE/or refugee travelling to Australia. Well, I was not offended. I just thought if these idiots have been careful before then would have avoided assasination of Rajiv Gandhi.
I do not agree.
First, there is no "profiling" in India. Everyone gets frisked and security at airports in India is top class.
Rules are rules, provided they apply equally to americans and Indians. otherwise its profiling or discrimination.
In 2000 December, I was travelling to Sydney from Mumbai Airport. I was held and later interviewed separately by a Tamil Speaking officer. Just because my name resembled like Srilankan Tamil. They wanted to ensure that I am not LTTE/or refugee travelling to Australia. Well, I was not offended. I just thought if these idiots have been careful before then would have avoided assasination of Rajiv Gandhi.
more...
unseenguy
04-01 01:55 AM
I completely agree with you...it was Nehru who screwed up the country.
I really feel that you are brainwashed and immatured. Although Nehru might have made some mistakes like China war, what did India really lose in that war? And how many years since then India has had to fix the problem? You should also read about Nehru's sacrifices and his movements along side Mahatma Gandhi that earned the nation its freedom.
Now you have chosen to be a secondary citizen/ slave in america is a different matter altogether, but many back home in India are thankful they are free and independent nation.
I really feel that you are brainwashed and immatured. Although Nehru might have made some mistakes like China war, what did India really lose in that war? And how many years since then India has had to fix the problem? You should also read about Nehru's sacrifices and his movements along side Mahatma Gandhi that earned the nation its freedom.
Now you have chosen to be a secondary citizen/ slave in america is a different matter altogether, but many back home in India are thankful they are free and independent nation.
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samay
07-30 04:22 PM
Hi,
1) My I-485(EB2-India) application file has two I-140 receipts (both of these are EB2) one of these I-140 is approved and the other was denied and a Motion to Reopen has been filed for this. How will the two EB2 I-140s affect my I-485 application?
2) I got a RFE for my I-1485 on June 17th 2008, asking for a I-140 approval notice. As we do not have a physical approval (never received the approval, may be lost in mail) notice my current attorney responded to the I-485 RFE and included the first I-140 receipt notice and also a copy of the approval email received from USCIS. The attorney also included the details of the second I-140 i.e the Motion to Reopen (I-290B) notice. Is the approach a good one?
3) My attorney also requested to consider the approved I-140 for adjucating the I-485 for me and my wife since the approved I-140 was filed and approved before filing the I-1485 and also we were married before the I-485 was filed. Will USCIS consider this request?
4) Also, will USCIS have a copy of my I-140 approval notice and will they use that and consider my I-485 case?
5) Will a Infopass appointment help in anyways?
My PERM labor was approved in May 2006 and my priority date is current for August 2008. The I-485 RFE response was received by USCIS on July 16th 2008 and my I-485 processing has resumed. I was wondering if USCIS will consider my approved I-140 for processing my I-485. Also, any other suggestions you could give me would be appreciated.
I am a little confused - Were two separate I-140 applications filed for you. If not why was a motion to reopen filed by your attorney if you received an approval notice. I am wondering why your attorney did not just inform the USCIS that they issued two receipts for the same case. As far as I can tell right now you should wait for the processing of your case. On another note even though your priority date is current your service center might not be processing cases with your filing date.
1) My I-485(EB2-India) application file has two I-140 receipts (both of these are EB2) one of these I-140 is approved and the other was denied and a Motion to Reopen has been filed for this. How will the two EB2 I-140s affect my I-485 application?
2) I got a RFE for my I-1485 on June 17th 2008, asking for a I-140 approval notice. As we do not have a physical approval (never received the approval, may be lost in mail) notice my current attorney responded to the I-485 RFE and included the first I-140 receipt notice and also a copy of the approval email received from USCIS. The attorney also included the details of the second I-140 i.e the Motion to Reopen (I-290B) notice. Is the approach a good one?
3) My attorney also requested to consider the approved I-140 for adjucating the I-485 for me and my wife since the approved I-140 was filed and approved before filing the I-1485 and also we were married before the I-485 was filed. Will USCIS consider this request?
4) Also, will USCIS have a copy of my I-140 approval notice and will they use that and consider my I-485 case?
5) Will a Infopass appointment help in anyways?
My PERM labor was approved in May 2006 and my priority date is current for August 2008. The I-485 RFE response was received by USCIS on July 16th 2008 and my I-485 processing has resumed. I was wondering if USCIS will consider my approved I-140 for processing my I-485. Also, any other suggestions you could give me would be appreciated.
I am a little confused - Were two separate I-140 applications filed for you. If not why was a motion to reopen filed by your attorney if you received an approval notice. I am wondering why your attorney did not just inform the USCIS that they issued two receipts for the same case. As far as I can tell right now you should wait for the processing of your case. On another note even though your priority date is current your service center might not be processing cases with your filing date.
more...
JeffDG
01-15 07:50 PM
I think IV should get a new law introduced which changes the surplus visa trickle down policy so that equal number or visas gets distributed between EB3 & EB2. This law will have maximum possibility of getting passed.
I find that highly unlikely.
The EB categories are set up in priority order. To cascade from EB1-EB2/EB3 equally would break this priortization. Regardless of our opinion, Congress has decided that certain categories of immigrants should be accorded priority for admission. Those immigrants can file in EB1 or EB2. The cascading of unused visas fits that scheme as it is intended to work.
I find that highly unlikely.
The EB categories are set up in priority order. To cascade from EB1-EB2/EB3 equally would break this priortization. Regardless of our opinion, Congress has decided that certain categories of immigrants should be accorded priority for admission. Those immigrants can file in EB1 or EB2. The cascading of unused visas fits that scheme as it is intended to work.
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dallasdude
06-12 04:11 PM
Guys, I've heard (and only heard - don't red me now) that Cognizant has its H-1Bs being rejected and I've heard as far as this that some of the people in Cognizant who got green card through EB-1 category have been deported due to investigation after complaints regarding misuse of EB-1 category by these companies.
has anyone else heard the same?
That's extremely wonderful news. thanks for sharing.
has anyone else heard the same?
That's extremely wonderful news. thanks for sharing.
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07-03 06:30 PM
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tw00ne
07-23 10:35 AM
Is unclear to me what the law is for those 2 cases
1) You are with the employer that sponsored I140 and you get GC.
2) You use AC21 and move to employer B and get you GC while at employer B.
In both cases more than 6 months have lapsed since the I485 filling
And the question is...:
Are you free, after getting the GC, to move to another company or you need to stay with current employer for a certain amount of time?
How would USCIS know if you moved?
1) You are with the employer that sponsored I140 and you get GC.
2) You use AC21 and move to employer B and get you GC while at employer B.
In both cases more than 6 months have lapsed since the I485 filling
And the question is...:
Are you free, after getting the GC, to move to another company or you need to stay with current employer for a certain amount of time?
How would USCIS know if you moved?
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shiankuraaf
07-14 09:39 PM
My dependents are out of US for almost 5 months for now and they have AP approved before they left US and they are planning to come to US in couple of weeks from now on AP. Our PD is going to be current in Aug08. Is this OK to be out of US for this much time when AOS is pending? Staying out of US for this long would effect their AOS processing in any way?
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breddy2000
09-03 09:13 PM
Comparing Ted Kennedy and YSR..not a sane mind would do.
Amassing money in the name of fictitious projects is dynamic?
Relentless swindling of money by the parties, leaders, ministers and bureaucrats is dynamic?
Mobilizing and supplying huge money to prove your royalty to party in Delhi is dynamism?
If that is the case then Manmohan Singh, Abdul Kalam what are they…they had every chance and more why don’t we speak about them the same way. Show me one personal allegation on Manmohan or Abdul Kalam.
Yes, it is dynamism to stay in power and to mint money and for people like you…not for administration.
Any one speaking against, has to deal with personal abuse, that’s even with opposition MLA’s. What happened to democracy?
Since 60 years Congress has ruined India and people like Sonia and YSR are few examples of corrupt politics and YSR is openly involved. YSR is no different to a dictator.
Corruption rampant in AP under YSR's regime (http://www.merinews.com/catFull.jsp?articleID=145882)
Mutiny.in � YSR’s new low (http://mutiny.in/2007/07/23/a-new-low-from-the-andhra-cm/)
The Hindu : Andhra Pradesh News : YSR a champion of corruption: Chiru (http://www.thehindu.com/2009/01/23/stories/2009012360510800.htm)
YSR the most corrupt politician - Telugu Movies - Zimbio (http://www.zimbio.com/TELUGU+MOVIES/articles/14097/YSR+most+corrupt+politician)
Naidu to approach Centre on YSR’s ‘Satyam route of corruption’ (http://www.indianexpress.com/news/naidu-to-approach-centre-on-ysrs-satyam-ro/425227/)
One can write a book on YSR’s corruption. AP has become worse than Bihar.
Majority of politicians in India are corrupt . Why single out one ...Does it give you solace to ridicule someone who is dead....
I'm not a supporter of any political leader or party and you cannot create one politician that satisfies every citizen of its nation. And that's a simple fact. As long as the vast majority of the population is satisfied with the party administration and get some real benefits out it, that's what I call a real political leader and I see YSR as one among them...
If you really want to vent out your frustration, just go to India and do something about it. Why not change the things the way they are... Its easier said than done ...Don't you think??
Looks like you created your ID yesterday , just to vent out your frustration. Maybe you are one of the Senior Members who wish to hide your identity just for the sake...
Get a Life Man....
Amassing money in the name of fictitious projects is dynamic?
Relentless swindling of money by the parties, leaders, ministers and bureaucrats is dynamic?
Mobilizing and supplying huge money to prove your royalty to party in Delhi is dynamism?
If that is the case then Manmohan Singh, Abdul Kalam what are they…they had every chance and more why don’t we speak about them the same way. Show me one personal allegation on Manmohan or Abdul Kalam.
Yes, it is dynamism to stay in power and to mint money and for people like you…not for administration.
Any one speaking against, has to deal with personal abuse, that’s even with opposition MLA’s. What happened to democracy?
Since 60 years Congress has ruined India and people like Sonia and YSR are few examples of corrupt politics and YSR is openly involved. YSR is no different to a dictator.
Corruption rampant in AP under YSR's regime (http://www.merinews.com/catFull.jsp?articleID=145882)
Mutiny.in � YSR’s new low (http://mutiny.in/2007/07/23/a-new-low-from-the-andhra-cm/)
The Hindu : Andhra Pradesh News : YSR a champion of corruption: Chiru (http://www.thehindu.com/2009/01/23/stories/2009012360510800.htm)
YSR the most corrupt politician - Telugu Movies - Zimbio (http://www.zimbio.com/TELUGU+MOVIES/articles/14097/YSR+most+corrupt+politician)
Naidu to approach Centre on YSR’s ‘Satyam route of corruption’ (http://www.indianexpress.com/news/naidu-to-approach-centre-on-ysrs-satyam-ro/425227/)
One can write a book on YSR’s corruption. AP has become worse than Bihar.
Majority of politicians in India are corrupt . Why single out one ...Does it give you solace to ridicule someone who is dead....
I'm not a supporter of any political leader or party and you cannot create one politician that satisfies every citizen of its nation. And that's a simple fact. As long as the vast majority of the population is satisfied with the party administration and get some real benefits out it, that's what I call a real political leader and I see YSR as one among them...
If you really want to vent out your frustration, just go to India and do something about it. Why not change the things the way they are... Its easier said than done ...Don't you think??
Looks like you created your ID yesterday , just to vent out your frustration. Maybe you are one of the Senior Members who wish to hide your identity just for the sake...
Get a Life Man....
more...
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tikka
07-04 08:18 AM
I sent this email to around 500 media contacts
Dear Reporter/ Senator/ Congressman,
I am an immigrant who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as green card for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get the green card for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, back logs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS).
Several categories of EB immigrant visa numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, for many of us these delays have led to indentured servitude. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been shattered.
For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant .visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date�, all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.
This announcement by DOS on 6/13/2007 would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as job mobility, some freedom from the employer, work authorization for our spouses and a travel authorization known as �advance parole�. This authorization would allow us to travel outside US without fear of not being able to re-enter the country.
We spent thousands of dollars in legal fees, immigration medical exams, vaccinations, blood tests, x-rays and getting various supporting documents ready to file our immigrant petitions to USCIS. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our native countries. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all our petitions would be rejected. Within a span of 2 weeks, to be precise -in 12 working days- USCIS claims to have approved 60,000 EB immigrant visa petitions. This unprecedented rapid action of USCIS has led to exhaustion of all the available visa numbers for this fiscal year. Meanwhile it is prognosticated that in the next fiscal year which begins on October 1, 2007 our plight and delays would actually worsen.
Interestingly USCIS has never processed so many applications this fast, and it is unclear why they did not convey this potential exhaustion of visa numbers to DOS before June 13, 2007.
For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.
We sincerely seek immediate congressional/ legislative remedial measures which would
(1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
(2)Ensure and enable USCIS not to reject our immigrant visa petitions and give us interim benefits of a pending immigrant visa petition.We make this sincere request on this Independence Day with the hope that people who played by the rules will be rewarded.
Yours Sincerely,
for your efforts
Dear Reporter/ Senator/ Congressman,
I am an immigrant who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as green card for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get the green card for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, back logs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS).
Several categories of EB immigrant visa numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, for many of us these delays have led to indentured servitude. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been shattered.
For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant .visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date�, all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.
This announcement by DOS on 6/13/2007 would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as job mobility, some freedom from the employer, work authorization for our spouses and a travel authorization known as �advance parole�. This authorization would allow us to travel outside US without fear of not being able to re-enter the country.
We spent thousands of dollars in legal fees, immigration medical exams, vaccinations, blood tests, x-rays and getting various supporting documents ready to file our immigrant petitions to USCIS. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our native countries. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all our petitions would be rejected. Within a span of 2 weeks, to be precise -in 12 working days- USCIS claims to have approved 60,000 EB immigrant visa petitions. This unprecedented rapid action of USCIS has led to exhaustion of all the available visa numbers for this fiscal year. Meanwhile it is prognosticated that in the next fiscal year which begins on October 1, 2007 our plight and delays would actually worsen.
Interestingly USCIS has never processed so many applications this fast, and it is unclear why they did not convey this potential exhaustion of visa numbers to DOS before June 13, 2007.
For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.
We sincerely seek immediate congressional/ legislative remedial measures which would
(1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
(2)Ensure and enable USCIS not to reject our immigrant visa petitions and give us interim benefits of a pending immigrant visa petition.We make this sincere request on this Independence Day with the hope that people who played by the rules will be rewarded.
Yours Sincerely,
for your efforts
girlfriend of pink hydrocodone pills.
franklin
02-14 04:44 PM
Wow - yes, I obviously wasn't getting the point! Thanks UN for clarifying it.
My earlier comments were more questioning why we debating what I thought was a hypothetical problem, ie "if there were unused visas, there wouldn't be retrogression", and I was missing the bigger picture.
I certainly wasn't "one of those EB3 WOW guys" just arguing that we should get all the extras, if you know any history about my posting on this board, you'll know that I am concerned with everyone's fight, not just mine.
My earlier comments were more questioning why we debating what I thought was a hypothetical problem, ie "if there were unused visas, there wouldn't be retrogression", and I was missing the bigger picture.
I certainly wasn't "one of those EB3 WOW guys" just arguing that we should get all the extras, if you know any history about my posting on this board, you'll know that I am concerned with everyone's fight, not just mine.
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bestia
02-14 06:40 PM
Circus123 & Bestia thanks 4 the quik answers to my first post on this site; By now I just read & learned a lot from this site about GC process.Now it's time to take action because we have a PD current.
I just wanna be sure about the dates 'cause I cannot rely on my layer 100% because last year he insisted on completing our files 4 GC but he "forgot" 2 mention that our PD is nou current yet!!!
We'll send the cheques tomorrow!
I can hardly wait to get my EAD so I can apply 4 a decent job!!!!!!
Any idea if it takes longer than 90 days?
thanx all of U 4 your answers.
Dyana,
I would suggest using your own checks for I-485. This way, once USCIS will cash your checks, and if you have online banking - you will see the receipt numbers on the back of the checks. This way you will be able to see your application status right away. It was very critical (at least for me) during June/July tsunami of applications, as I received the actual receipt pretty late.
Also, don't count on that EAD, it will be safe to invoke AC21 only after 180 days and having approved I-140. You have good chance to have your AOS adjudicated. In this case you will have to stay with your current employer for at least another 6 months. If you will leave before 180 days and your GC will be approved, then AC21 will not apply and your GC will be revoked.
I also learned a lot on IV :)
I just wanna be sure about the dates 'cause I cannot rely on my layer 100% because last year he insisted on completing our files 4 GC but he "forgot" 2 mention that our PD is nou current yet!!!
We'll send the cheques tomorrow!
I can hardly wait to get my EAD so I can apply 4 a decent job!!!!!!
Any idea if it takes longer than 90 days?
thanx all of U 4 your answers.
Dyana,
I would suggest using your own checks for I-485. This way, once USCIS will cash your checks, and if you have online banking - you will see the receipt numbers on the back of the checks. This way you will be able to see your application status right away. It was very critical (at least for me) during June/July tsunami of applications, as I received the actual receipt pretty late.
Also, don't count on that EAD, it will be safe to invoke AC21 only after 180 days and having approved I-140. You have good chance to have your AOS adjudicated. In this case you will have to stay with your current employer for at least another 6 months. If you will leave before 180 days and your GC will be approved, then AC21 will not apply and your GC will be revoked.
I also learned a lot on IV :)
reedandbamboo
05-29 04:08 PM
Can not agree more.
We get engaged in all kinds of discussions EB1 Vs EB2, EB-I Vs EB ROW. bulletin predictions...But we all skilled immigrants can not figure out how to unite and resolve the big issue of backlog. When one person suggests any initiative( flower campaign, call campaign, letter campaign etc.) more 20 people hammer him or her and spend their full energy in proving how suggested idea will not work. Next time the guy does not even think about suggesting anything. On top of that some will come up with their line" Have you contributed, If not then do that first".Our lack of unity will keep us here for a long time to come. In coming months and years, some people will lose interest, stop visiting this site and move on. Others will come to see if there is any POSITIVE news and some will still keep fighting over the issues of EB1 vs EB2 vs India vs China Vs ROW.
Good Luck
I agree! So lets compile a report of EVERY inefficiency/inaccuracy in the US EB1/2/3 system and send it to the media, congressmen/women, the President, etc? I volunteer to write if you'll good folks crunch data.
We get engaged in all kinds of discussions EB1 Vs EB2, EB-I Vs EB ROW. bulletin predictions...But we all skilled immigrants can not figure out how to unite and resolve the big issue of backlog. When one person suggests any initiative( flower campaign, call campaign, letter campaign etc.) more 20 people hammer him or her and spend their full energy in proving how suggested idea will not work. Next time the guy does not even think about suggesting anything. On top of that some will come up with their line" Have you contributed, If not then do that first".Our lack of unity will keep us here for a long time to come. In coming months and years, some people will lose interest, stop visiting this site and move on. Others will come to see if there is any POSITIVE news and some will still keep fighting over the issues of EB1 vs EB2 vs India vs China Vs ROW.
Good Luck
I agree! So lets compile a report of EVERY inefficiency/inaccuracy in the US EB1/2/3 system and send it to the media, congressmen/women, the President, etc? I volunteer to write if you'll good folks crunch data.
gc28262
01-18 12:12 PM
A genuine mistake can be corrected using nunc-pro-tunc method. I used to work for a big Indian IT major and they forgot to file my wife's H4 and when I moved to a big 4 firm..they filed nunc-pro-tunc. According to you definition, if any company makes a mistake, we are illegal. LOL.
Isn't that the point what all anti-consulting folks are making here ? They want all existing laws (plus all laws they themselves created to satisfy their sadistic self) to be strictly followed. If that is the case snram4's relative should have been deported.
What many do not understand is H1B laws are insane and irrational. Many from our country doesn't have the guts to fight crazy laws. All they are good at is screwing their own fellow country men out of jealousy or selfishness.
Do all these folks follow law judiciously in their life ? I don't think so. Some of the folks here acting like bhagat singh came to this stage of life climbing over loads of corruption.
Isn't that the point what all anti-consulting folks are making here ? They want all existing laws (plus all laws they themselves created to satisfy their sadistic self) to be strictly followed. If that is the case snram4's relative should have been deported.
What many do not understand is H1B laws are insane and irrational. Many from our country doesn't have the guts to fight crazy laws. All they are good at is screwing their own fellow country men out of jealousy or selfishness.
Do all these folks follow law judiciously in their life ? I don't think so. Some of the folks here acting like bhagat singh came to this stage of life climbing over loads of corruption.
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