485Mbe4001
05-13 02:39 PM
After you wait for 7-8 years in your category for your visa your thougths will change. I have MS from an american university + work experience. Our lawyer decided to file EB3 in 2001, they convinced the company that EB3 is easier to get approved. i am still waiting for my GC, in the mean time i have gained a lot of experience, i am still an EB3 for USCIS. There are many in a similar position.
People talk about unethical practices etc. i feel that they ones who jumped the queue and used agressive lawyer already have their green cards. Most of my friends are already thinking about citizenship (and ROI after USC..that is a different forum :)).
Its people working in multinational companies who follow the law by the book are the ones who get screwed, its just my observation and opinion ..good or bad, i dont know...
When there is a overflow, I strongly feel that it should flow to all the categories and that is called equality. Some inefficient people in Decision making authority at USCIS framed a rule on visa overflow and they are following it. If the rule is not much logical/ethical to most of the people, then anyone can voice their rights against it.
Just for example, a team consists of one project manager(EB1), two tech leads(EB2) and 6 Developers(EB3). The demand is based on no. of vacancies exists on the market, that means a lot of EB3, less EB2 and few EB1.
As per this rule, USCIS is not actually feeding the hungry.
Regarding the country quota, US is not favoring/helping the foreign countries by giving GC to those people from them. So, it makes no sense at all when it comes to immigrants but I can understand the bureaucracy behind it.
If they are implementing the country limit then it should be like 0.00001% of that country's population, I feel.
People talk about unethical practices etc. i feel that they ones who jumped the queue and used agressive lawyer already have their green cards. Most of my friends are already thinking about citizenship (and ROI after USC..that is a different forum :)).
Its people working in multinational companies who follow the law by the book are the ones who get screwed, its just my observation and opinion ..good or bad, i dont know...
When there is a overflow, I strongly feel that it should flow to all the categories and that is called equality. Some inefficient people in Decision making authority at USCIS framed a rule on visa overflow and they are following it. If the rule is not much logical/ethical to most of the people, then anyone can voice their rights against it.
Just for example, a team consists of one project manager(EB1), two tech leads(EB2) and 6 Developers(EB3). The demand is based on no. of vacancies exists on the market, that means a lot of EB3, less EB2 and few EB1.
As per this rule, USCIS is not actually feeding the hungry.
Regarding the country quota, US is not favoring/helping the foreign countries by giving GC to those people from them. So, it makes no sense at all when it comes to immigrants but I can understand the bureaucracy behind it.
If they are implementing the country limit then it should be like 0.00001% of that country's population, I feel.
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Macaca
08-13 09:52 PM
Employment Based (EB) Green Card (GC) Laws
The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3). Each country gets 9800 GCs (~4K families) + unused GCs (in the last quarter) from other countries, if any.
GCs unused in a year can not be reused in following years. There were 376, 345 unused GCs from 1992-2005 (page 34); 50K were recaptured for Schedule A from 01-04 and 107, 586 were recaptured for family based.
The Citizenship and Immigration Services (CIS) Ombudsman Annual Report 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf) estimates (page 35) the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
There were ~1M pending AOS applications as of March’07. (pages 11 and 14 of Ombudsman's report)
USCIS can not determine the exact number of pending applications and a breakdown of pending applications by number of months pending and application type. Further, USCIS is not making any effort to determine these numbers. (page 13 of Ombudsman's report)
Administrative Delays
USCIS is 90% funded by application fees and is short of resources.
So far EAD renewal has been taking ?? months. With the additional applications it will take ?? months and we will have to apply for renewal after ?? months.
FBI name checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits. (page 37 of Ombudsman's report)
As of May 2007, USCIS had 329,160 pending name check cases, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year. (page 37 of Ombudsman's report)
The backlog appears likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.(Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
USCIS has limited capability to produce reports detailing the status of long-pending name check cases. In addition, USCIS systems do not automatically indicate when a delayed name check is complete and the case can be adjudicated. Often, this leads to a situation where the validity of other checks expire before USCIS reviews the case. Those other checks then need to be reinitiated, adding financial and time costs for applicants and USCIS. (page 43 of Ombudsman's report)
Since 2001 FBI has intensified the scrutiny of immigrants with high-technology backgrounds. (Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
What does it mean?
There will be 1.4M+ AOS applications by Aug 17 which will take 1.4M/140K = 10+ years. Thus, priority dates will remain retrogressed for several years.
Those who could not file AOS will wait for several years.
EAD/AP is valid for 1 year: long cycle of EAD/AP renewals.
If your EAD is not renewed in time, you will have to stop working,
Several employers (and rightly so) view EAD as a temporary permit and are reluctant to hire you.
You need to be in the same position with same job responsibilities for an indefinite time period otherwise your GC application will be rejected.
If you were unmarried at the time of filing, you will need to continue on current status (e.g. H-1B) otherwise you cannot bring your spouse.
Executive and Legislative Efforts
The only solution is to change laws to increase EB GC numbers.
EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM, ...). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
IV Hill Lobbying: manager's ammendment (http://immigrationvoice.org/forum/showthread.php?t=948&highlight=manager%27s+amendment) in CIR 2006, July 2007 Visa bulletin reversal (http://immigrationvoice.org/forum/showthread.php?t=10097&highlight=huge+development).
Always ahead of others (http://immigrationvoice.org/forum/showthread.php?t=12135).
IV grassroot effort (flower campaign (http://immigrationvoice.org/forum/showpost.php?p=106384&postcount=683) + San Jose Rally (http://immigrationvoice.org/forum/showpost.php?p=114554&postcount=738)) was an important reason for retraction of July Visa Bulletin.
Your options: a) Struggle for several years b) Leave USA c) Help yourself by joining IV
The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3). Each country gets 9800 GCs (~4K families) + unused GCs (in the last quarter) from other countries, if any.
GCs unused in a year can not be reused in following years. There were 376, 345 unused GCs from 1992-2005 (page 34); 50K were recaptured for Schedule A from 01-04 and 107, 586 were recaptured for family based.
The Citizenship and Immigration Services (CIS) Ombudsman Annual Report 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf) estimates (page 35) the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
There were ~1M pending AOS applications as of March’07. (pages 11 and 14 of Ombudsman's report)
USCIS can not determine the exact number of pending applications and a breakdown of pending applications by number of months pending and application type. Further, USCIS is not making any effort to determine these numbers. (page 13 of Ombudsman's report)
Administrative Delays
USCIS is 90% funded by application fees and is short of resources.
So far EAD renewal has been taking ?? months. With the additional applications it will take ?? months and we will have to apply for renewal after ?? months.
FBI name checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits. (page 37 of Ombudsman's report)
As of May 2007, USCIS had 329,160 pending name check cases, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year. (page 37 of Ombudsman's report)
The backlog appears likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.(Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
USCIS has limited capability to produce reports detailing the status of long-pending name check cases. In addition, USCIS systems do not automatically indicate when a delayed name check is complete and the case can be adjudicated. Often, this leads to a situation where the validity of other checks expire before USCIS reviews the case. Those other checks then need to be reinitiated, adding financial and time costs for applicants and USCIS. (page 43 of Ombudsman's report)
Since 2001 FBI has intensified the scrutiny of immigrants with high-technology backgrounds. (Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
What does it mean?
There will be 1.4M+ AOS applications by Aug 17 which will take 1.4M/140K = 10+ years. Thus, priority dates will remain retrogressed for several years.
Those who could not file AOS will wait for several years.
EAD/AP is valid for 1 year: long cycle of EAD/AP renewals.
If your EAD is not renewed in time, you will have to stop working,
Several employers (and rightly so) view EAD as a temporary permit and are reluctant to hire you.
You need to be in the same position with same job responsibilities for an indefinite time period otherwise your GC application will be rejected.
If you were unmarried at the time of filing, you will need to continue on current status (e.g. H-1B) otherwise you cannot bring your spouse.
Executive and Legislative Efforts
The only solution is to change laws to increase EB GC numbers.
EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM, ...). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
IV Hill Lobbying: manager's ammendment (http://immigrationvoice.org/forum/showthread.php?t=948&highlight=manager%27s+amendment) in CIR 2006, July 2007 Visa bulletin reversal (http://immigrationvoice.org/forum/showthread.php?t=10097&highlight=huge+development).
Always ahead of others (http://immigrationvoice.org/forum/showthread.php?t=12135).
IV grassroot effort (flower campaign (http://immigrationvoice.org/forum/showpost.php?p=106384&postcount=683) + San Jose Rally (http://immigrationvoice.org/forum/showpost.php?p=114554&postcount=738)) was an important reason for retraction of July Visa Bulletin.
Your options: a) Struggle for several years b) Leave USA c) Help yourself by joining IV
waitnwatch
04-03 12:58 PM
As this issue has been going on for some time I decided to add my two cents for whatever it is worth.
It is important not just to note the content of a posting but also its tone. People in this forum are smart enought to determine whether a posting contain constructive criticism or is just accusatory. I think it is better to leave the accusatory ones to die a natural death while replying to constructive posts even when they are heavily critical.
Another thing to note is that everyone has their own peculiar situation. It may quite work out that only some issues may be solved by the legislation and it may not work to a person's advantage. Even then the people who are actively involved should make the call about what to pursue and what not to. The subtle nuances of the behind the scene politics is not visible to us sitting on the outside and I personally wouldn't like insider details aired on this public forum as this would provide the opposition with ammunition. I may be a bit conceited in thinking that discussions in this forum are being watched by the opposition but I am sure that that is happening.
Meanwhile good luck to everybody and my sincere appreciation to the core IV volunteers who it appears have significant understanding of how the political game is being played.
It is important not just to note the content of a posting but also its tone. People in this forum are smart enought to determine whether a posting contain constructive criticism or is just accusatory. I think it is better to leave the accusatory ones to die a natural death while replying to constructive posts even when they are heavily critical.
Another thing to note is that everyone has their own peculiar situation. It may quite work out that only some issues may be solved by the legislation and it may not work to a person's advantage. Even then the people who are actively involved should make the call about what to pursue and what not to. The subtle nuances of the behind the scene politics is not visible to us sitting on the outside and I personally wouldn't like insider details aired on this public forum as this would provide the opposition with ammunition. I may be a bit conceited in thinking that discussions in this forum are being watched by the opposition but I am sure that that is happening.
Meanwhile good luck to everybody and my sincere appreciation to the core IV volunteers who it appears have significant understanding of how the political game is being played.
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Berkeleybee
04-26 09:04 PM
I would like to point out that it is not just skilled workers from India and China that are affected.
Franklin,
We have members from all over the world. And as far as EB-3 is concerned the entire category retrogressed -- all countries. We feel that this is a problem that affects all highly skilled workers.
One thing to remember is that reporters take snippets from hours of interviews, and then their editors edit the article down further.
best,
Berkeleybee
Franklin,
We have members from all over the world. And as far as EB-3 is concerned the entire category retrogressed -- all countries. We feel that this is a problem that affects all highly skilled workers.
One thing to remember is that reporters take snippets from hours of interviews, and then their editors edit the article down further.
best,
Berkeleybee
more...
ars01
06-25 04:29 PM
I don't know if this question has been asked before. Is there a benefit for filing AP by paper rather then electronically. I filed EAD by paper to TCS and got the "Card Production Ordered" email yesterday (in 14 days) for myself and my wife. My friends who efiled just received finger printing appointment notification and no receipts. Is there same benefit with AP? Please calrify.
sparuthi
10-08 04:22 PM
I am a EB2 filer
more...
imneedy
06-25 11:11 AM
Guys,
Could anybody please share the explanation letter required for AP? I am still on H1-B but do not intend to go for stamping. I would need only for emergency.
Thanks
krishna_brc posted it here (http://immigrationvoice.org/forum/showpost.php?p=257924&postcount=20)
thank krishna_brc!
Could anybody please share the explanation letter required for AP? I am still on H1-B but do not intend to go for stamping. I would need only for emergency.
Thanks
krishna_brc posted it here (http://immigrationvoice.org/forum/showpost.php?p=257924&postcount=20)
thank krishna_brc!
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wizpal
02-25 01:00 PM
I don't know how to open a thread to run a poll to track the number of people ready to send flowers to white house/president to highlight our case to buy houses if there is a a provision to approve GCs on a fast-track basis. With a substantial fast track fee (>4000 dollars) and 20% down payment toward house payment, we have a strong case. If we get hundreds of people ready to send to flowers, may be IV can make it an action item.
more...
seeker
05-24 11:47 AM
let us vehemently oppose the bill
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panky72
06-25 05:00 PM
1)Now a days AP renewal is taking 6 months
Mine was approved in less than 2 months (NSC)
Mine was approved in less than 2 months (NSC)
more...
miguy
06-18 03:20 PM
Also, what forms do you need to apply for H4 extension? can you have 2 valid visas at the same time say B1/B2 and H4?
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EBX-Man
05-10 09:44 AM
Ignorant people will use this thread to talk rot about buying MS and other waste logic thereby bumping this thread but not adding any value to it. I hope the OP ignores all this and does the right thing by contacting educational evaluators for advise
more...
house was posted on Friday,
panky72
06-25 04:21 PM
They hushed up and approved my EAD in 20 days. Why ???? 'cos So they don't hit Jun'30 and give 2 years. They wanted to milk another 680 from me so they hushed up and sent me the 1 year EAD in 20 days.
I guess we all have problems with USCIS, either with their inefficiency (eg. receipt delays during July Fiasco), or sometime with their super efficiency (EAD's getting approved too fast):D
I guess we all have problems with USCIS, either with their inefficiency (eg. receipt delays during July Fiasco), or sometime with their super efficiency (EAD's getting approved too fast):D
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walking_dude
03-17 03:19 PM
With all due respect asking Bernanke to increase visa numbers of to do visa recapture is like asking a very successful lawyer to do a by-pass surgery.
Congressmen (senators included) make the law and President signs it into the law. President is also the head of executive (which includes USCIS), hence he is the boss of USCIS. Its basic civics 101.
Even if Bernanke is convinced 100% about your points, there is nothing he can do to help us. He doesn't make the laws, and USCIS has no reasons to listen to him (he isn't their boss). So what you suggest, my friend, is that we bark up the wrong tree, instead of approaching the right people - who are the only people who can fix our problems.
In America, people gets recognized when they offers a solution for a problem faced by the country. Whiners are (who write to Bush or Senators) do not get noticed nor are respected.
Congressmen (senators included) make the law and President signs it into the law. President is also the head of executive (which includes USCIS), hence he is the boss of USCIS. Its basic civics 101.
Even if Bernanke is convinced 100% about your points, there is nothing he can do to help us. He doesn't make the laws, and USCIS has no reasons to listen to him (he isn't their boss). So what you suggest, my friend, is that we bark up the wrong tree, instead of approaching the right people - who are the only people who can fix our problems.
In America, people gets recognized when they offers a solution for a problem faced by the country. Whiners are (who write to Bush or Senators) do not get noticed nor are respected.
more...
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gc007
06-30 09:50 PM
Can someone tell that If USCIS says that 29 June 07 is the last date to receive applications for premium processing for I 140 . Does that mean that they shud receive the application by 29th or application shud be post-marked dated 29th in order to be considered for premium processing.
Thanks
Thanks
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rkay
06-03 12:25 PM
Then why do you want to stay here. Just move out.
When did you start owning America ? Can I see the deed please ?
When did you start owning America ? Can I see the deed please ?
more...
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raj3078
10-24 10:13 AM
Good to know that you are out of black hole....I am believeing more and more that there is no system in USCIS...
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imneedy
07-01 06:23 PM
1) what is the best way to attach photos when sending supporting docs so that they won't get lost or mis-placed. What goodies are avaialble in Staples for this?
I put them in a thin plastic bag my photographer gave me and used a clip to put all documents together
2) As part of AP e-file process, is it possible to do all the work on a machine which does not have printer and later retrieve the confirmation notice and print it?
You can do it, you have the option to save the documents as pdf. From what I read from other users, sometimes USCIS website hangs and then you can request (by sending an e-mail) for the pdfs to be e-mailed to you. In either case I would recommend to use a PC with printer, it's more convenient.
I put them in a thin plastic bag my photographer gave me and used a clip to put all documents together
2) As part of AP e-file process, is it possible to do all the work on a machine which does not have printer and later retrieve the confirmation notice and print it?
You can do it, you have the option to save the documents as pdf. From what I read from other users, sometimes USCIS website hangs and then you can request (by sending an e-mail) for the pdfs to be e-mailed to you. In either case I would recommend to use a PC with printer, it's more convenient.
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tikka
07-06 12:46 PM
maybe you can help with other action items?
you have motivated many folks and we could use help on the contribution fund, media drive, diggs etc
Thank you
Is there any Specific date, I mean when AILF is filing the case...USCIS is announced they are gonna reject the applications..but did they rejected any single application?? We will come to know after 4 or 5 weeks abt our applications (As per USCIS rep)....I think there must be some time limit to file a case...and we dont have a base to file a case until they reject it.
Finally they dont reject application nor they will accept it...
Guys send flowers with all your comments on JULY 10TH...we may get media and political atten...
this is just my 2 cents.
Thanks,
Chandra.
you have motivated many folks and we could use help on the contribution fund, media drive, diggs etc
Thank you
Is there any Specific date, I mean when AILF is filing the case...USCIS is announced they are gonna reject the applications..but did they rejected any single application?? We will come to know after 4 or 5 weeks abt our applications (As per USCIS rep)....I think there must be some time limit to file a case...and we dont have a base to file a case until they reject it.
Finally they dont reject application nor they will accept it...
Guys send flowers with all your comments on JULY 10TH...we may get media and political atten...
this is just my 2 cents.
Thanks,
Chandra.
chanduv23
10-04 07:20 PM
^^^^^^^^^^^^^^
bheemi
04-03 10:44 AM
Mr Anai.
I am not asking you my questions..I am just asking IV if it is helping us in this regard..as this is imp problem for so many EB applicants....
It is better for you just not to quote some nonsense here...
thanks
I am not asking you my questions..I am just asking IV if it is helping us in this regard..as this is imp problem for so many EB applicants....
It is better for you just not to quote some nonsense here...
thanks
