Tuesday, June 14, 2011

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  • learning01
    04-25 09:30 PM
    We are not changing laws, we are petitioning. We are educatiing the various sections of American society, lawmakers, fourth estate.
    We are asking for the rationale for collecting the Social Security Tax and Medicare, when you don't get its benefits. Pure and simple. You see, we are resident aliens NOT LPRs (Legal Permanent Residents a.k.a Green Card Holders).Benefits for which you are paying social security tax, you are not eligible while on H1. So, please don't use extreme words. When illegal aliens can demonstrate and influence law makers, what is wrong for legal aliends in writing to lawmakers, newspapers etc.
    If you are laid of, will you get unemployment benefits? Job retraining. No, You are out of status. So, is it incorrect to ask for this? I am not talking about Income Taxes. Go and look at my posts. I am a strong advocate of core IV goals.
    In this thread, instead of asking impractical PD dates, I suggested why don't we question the collection of SS and Medicare tax from H1 workers?
    This is the most outrageous and ridiculous stuff anyone could have heard. We want to change the laws of the land to benefit us. We are here because WE WANT TO BE HERE .No one is forcing us to work and pay SS tax and Medicare here. So what's next: No State tax too? We are lucky that the core IV team has accomplished so much in such a short time with limited resources. We need to push the amendments that will allow concurrent filing of I145, period, or we are jeopardizing any thing from going through.

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  • mpadapa
    06-11 12:04 PM
    This retrogression and slow forward movement was a problem in the making. Last summer IV core had warned about this issue. The writing on this issue was on the wall, now we have numbers to prove it. Last year (2008) we ducked the issue because EB folks got lucky since almost 23K visa wasted by FB folks in 2007 was counted as part of EB limit in 2008. This year no such luck, we are stuck with our usual quota's. Refresh your memory with an old thread from last summer. (http://immigrationvoice.org/forum/showthread.php?t=19042)

    Folks don't narrow this issue to an Indian/chinese issue. All EB3 folks and EB2 (reto countries) are affected by the retrogression. When the system is broken blame the system and not the individual department. Looks like members like to take a dig at USCIS for every problem in the system. Go talk to your lawmakers if you have issues with the system, they are the one who drafted the limits. Your labor was delayed not because of USCIS but by DOL. Yes USCIS is not a perfect org but they do their best. USCIS wasn't equipped to handle millions of EAD/AP every year aren't they issuing they issuing it within reasonable time. Give some respect to the org and just don't use it as a punch bag for all your problems. If you have issues with wastage of visa's go ask the lawmakers who introduced the 245i provision in 2000. They showed the EB folks with ~130K recapture and flooded the system with 245i applicants and caused ~130K visa numbers wasted between 2000-present. What was the net gain? We should collective organize and do active lobbying with IV, otherwise we will be taken for another ride in CIR.



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  • PD_Dec2002
    06-02 10:12 PM
    Canadian_Dream, I think your interpretation is wrong..

    41 for an employment-based visa filed for classification under
    42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
    43 Act (as such provisions existed prior to the enactment of this
    44 section) that were filed prior to the date of the introduction of
    1 the [Insert title of Act] and were pending or approved at the
    2 time of the effective date of this section, shall be treated as if
    3 such provision remained effective and an approved petition may
    4 serve as the basis for issuance of an immigrant visa. Aliens with
    5 applications for a labor certification pursuant to section
    6 212(a)(5)(A) of the Immigration and Nationality Act shall
    7 preserve the immigrant visa priority date accorded by the date
    8 of filing of such labor certification application.


    I think what AILA, our core group and other attorneys are trying to say is that as long as you filed before May 15, 2007 you will be fine regardless of whether your petition is pending or approved. There is no dispute about this point. Any applications that were filed after May 15, 2007 will become null and void the day this bill is signed by the president to make it a law. The 'effective date' ( Oct 1, 2008 ) does not apply for applications filed after May 15, 2007. I will be glad if you can prove me wrong :)

    java_jaggu :

    yes, we both are saying the same thing.


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  • inspectorfox
    09-25 10:11 PM
    No extension yet... DL expires on Friday. I will have to figure out how to go to work, take care of my family without driving the car.


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  • JazzByTheBay
    11-28 10:53 AM
    You make a good point. However, since I have mentioned both EB and FB in the article, I think it is appropriate to include that it can in fact take 20 years to get the GC. The Senate bill does have provisions to ameliorate both EB and FB backlogs, as far as I remember.


    Instead, one can say "... could take up to 20 years".

    I am afraid, as we all are, that this certainly will be the case down the road with retrogression.

    Perhaps it may be a good idea to mention that with economies of countries like India on an accelerated growth path, these highly educated, skilled and experienced professionals that are an asset to America are increasingly preferring to (or seriously thinking about) returning to their home countries.

    Another scenario - 20-25 years down the road, America will no longer be a leader any more given the growth of India and China. To sustain the technological and economical leadership of America, it is critical that we act now and fix a broken immigration system, and grant those legally here for a number of years, with approved Green Card petitions the pride of actually becoming permanent residents and eventually citizens as quickly as possibly.


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  • gangster
    07-18 01:44 PM
    Contributed $100 and will sign up for monthly contrbution.

    Thanks again IV and all members.


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  • chisinau
    08-05 04:17 PM
    hi! i am a physical therapist on h1b...all this news abt retrogression is too scary...i had a few qs:
    what is the scenario for someone like me who would file I-140 in the next couple of months?
    what are the chances of Schedule A being alloted additional visa numbers in the next 2 years?
    how much wait time would be expected under EB 3 category for India for someone whose priority date wud b oct or nov'07???

    I'm RN outside the US:cool:

    I will try to answer on your second question first. Shumer/Hutchinson amendment is the only our chanse for now. Try hammond law group, or shusterman, you will find info about it there. Shortly, it is the second try of Mr.Shumer and Ms. Hutchinson to amend an "Omnibous Bill" with a favorable for nurses and PT amendment. It would provide all schedule "A" with 61000 visas! If it is passed, we will be in chocolate:D , I mean you will get your GC in approximately 6-8 months (or a year). Nobody knows what are the chanses! My opinion that we have 50% that such a bill will be attached, and than we again have 50% that it will be passed and signed by Bush, before the end of the year.:rolleyes: If we are not lucky we would not see any favorable bills till after the elections of president and senate, late 2009(!).:mad:

    Under EB3(if no schedule "A", and there is no other favorable changes in immigration law),and you are from India, you will have to wait forewer (10 years or so)! But if you are in the US, and you will be able to file I485, DO IT!

    My advise is: file I140 as soon as possible, not sure about the avilability of premium processing, if you can, then use it also, if you can file I140 and I485 concurently - DO IT! I'm not familiar with procedures for PT, maybe you will find information here:


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  • sanju
    03-12 08:31 PM
    Oh I can find that information again-

    Goto - http://soprweb.senate.gov/index.cfm?event=selectfields

    - check box for client name
    - click 'submit' button
    - enter 'Immigration Voice' in the client name
    - click 'submit' button

    Now you see the amount spent by IV for lobbying in the Senate documents. Its around 1/2 million dollars.


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  • h1techSlave
    10-01 11:11 AM
    It is so confusing that I do not know how to explain the whole thing.

    Here is a small sample.

    In 2002 all the EB visas were issued(174,968). However, there were 31,532 unused family preference visas, so the limit for 2003 was 171,532 (140,000 + 31,532).

    Guess what, in 2003 they only approved 82,137 EB visas, so they ended up with 88,482 unused EB visas

    Great find, Andy. Based on your explanation, I can say that our real problem is not the lack of visa numbers. There are enough visa numbers, but USCIS is not utilizing them.

    This also tells me that an increase in visa numbers to 290,000 (or what ever number that the SKILL bill is asking for) would NOT change the situation a little bit. The end result only will be that the USCIS will end up with more number of unused visas.

    Can the IV community do some thing to improve the whole situation?

    I am seeing two specific bottlenecks.
    1. Delay in USCIS to process applications. This is an area, that we can do something. And I am already seeing a huge improvement from USCIS in terms of fast processing.
    2. Delay in FBI namecheck. Again this is an area we can do something. I don't know what, but there should be something that we can do. Many of my friends have been writing to Laura Bush explaining their FBI namecheck bottleneck and a few of them got positive results.

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  • cessua
    07-06 01:04 PM
    This read in conjunction thing is the dumbest thing....


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  • eb3_nepa
    07-11 11:04 AM
    I pray for EB3 brothers and sisters and they realizing so called american hope sooner with CIR.

    CIR is the Worst thing on the planet for the legals.

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  • eb3retro
    03-10 11:47 PM
    I received the rfe details today..Here is my list of documents needed by uscis

    1) updated properly completed form G-325A
    2) employment letter from my new employer to prove that i am working on the same/similar job as my LC (since I did not submit AC21 documents), I need to do it now, since I changed my address and the letter mentions that I am not staying in the same state as of my original LC and now they require AC21 documents.


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  • ImmiLosers
    07-23 06:41 PM
    Guys, We just got the magic e-mail.!!
    Card Production ordered
    PD AUG 2004
    RD DEC 2004
    EB3 INDIA :) :) :)

    thx everyone for your help and suppport!!

    What is RD?

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  • Macaca
    09-12 12:15 PM
    I had started with the online press release sites, which one should be higher priority?
    Pick whatever you like and feel comfortable with. Post it here so we know.

    I will work on Washington Post and New York Times. Then, I will work on Associated Press and Reuters.

    gsc999 and Franklin should work on Mercury News and San Francisco Chronicle. I think they have a DC office.

    First, I have to come up with a sexy letter!


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  • ilwaiting
    04-25 11:37 AM
    H1B believe it or not is a "dual intent visa". F1 is NOT a dual intent visa. So what that means is even tho a person entered USA on H1B(which is Nonimmigrant visa) he can have a dual intent to "adjust status" and become a permanent resident.

    So I would think it would very wise to be given a PD based on when a person started working on "H"

    Coming in through H1 does'nt show your intention of becoming a permanent resident of this country. It only happens when the LC is applied. Although the entry date is an ingenious way, it will only create more issues. Now some one who comes in F1 can also ask for the same benefit when they move to H1, to take their entry date in F1 as their priority date. I believe the culprits are the labor substitution and the labor certification sales. Those are unfair. Stop labor substitutions, and if they need one, then use the 140 RD as the PD. That should solve most of the problems and people from using labor sub to jump the line.

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  • susie
    07-15 11:32 AM
    2 0f 2

    Jack, Mary and Sundeep

    Sundeep�s Dad works in a business, which is 40% owned by him. It is a multinational home furnishing�s business, which in the USA employees 5 American employees to design and craft furniture for sale. He is in L1 visa holder (and Sundeep therefore is an L2 visa holder). After arriving in the USA, the business sponsored Sundeep�s Dad for employment-based permanent residency as managing director. Sundeep and his Mother were derivatives on this application. The petition was ultimately approved and Sundeep and his family adjusted status thereafter before he turned 21. Sundeep eventually became a citizen and does various jobs.

    Jack and Mary�s parents are E-2 visa holders. Their business is a large grocery store, which employs over 25 employees on both a full-time and part-time basis. The store is rented, but the business is very successful and is worth about $450,000.

    Jack has graduated high school and is very ambitious. His dream was to go to the University of Michigan. Unfortunately he was not eligible for a full scholarship because most scholarships available are only for permanent residents and citizens. Fortunately, he gained a partial football scholarship to play for the Michigan Wolverines. His Parent�s pay for the remaining tuition thanks to their successful business. Jack is in his final year of his degree and is majoring in Math and Economics, and is currently on a 3.9 GPA in the top 98th percentile. He is 20 years old. Upon graduation, Jack wanted to serve in the US military but could not because he is regarded as a temporary resident (being in nonimmigrant status).

    He is now considering his options. He had planned to go to law school after military service, but is now deciding whether to attend in the following academic year or find other work first (knowing he cannot qualify for most scholarships and competitive domestic loans). Ironically, his sister Mary has no problem. She is an American citizen. She has the ability to go college and being smart, has received scholarships and low interest loans, saving her many thousands of dollars. She also works part-time to fund her social life.


    Another potential solution for nonimmigrant children is through education. As children with derivative visas they are entitled to be educated in the USA to high school level, whether through a State funded school or a privately funded school. Once this is complete a child may decide to go onto college to pursue degree level studies or equivalent studies at a higher education institution.

    If a child is approaching 21 or has already passed 21, he or she may apply for a course of study in a US school or college. For academic studies the F1 visa would provide a solution. For vocational studies the M1 visa would provide a solution. However, even with this, there might be a problem for a person who left their US home and has gone back to their country or residence or citizenship because they have turned 21. Sometimes this is referred to colloquially as the �home country,� which is an insulting turn of phrase for a person who has spent most of their life in the USA, and therefore will be referred to in this article as country or citizenship or residence.

    To be eligible for most nonimmigrant visas (i.e. those that do not have dual intent or similar status) a person generally has to prove ties with their country of citizenship or residence. Specifically he or she has to prove at the time of applying for the visa (including M1 or F1 visas) that he or she:

    1. Has a residence abroad;
    2. Has no immediate intention of abandoning that residence; and
    3. Intends to depart from the USA upon completion of the course of study.

    Fortunately, in relation to (1), the FAM guidelines recognize that in relation to F1/M1 visas,

    it is natural that the student does not possess ties of property, employment, family obligation, and continuity of life typical of [more short-term visa applicants such as a] B visa applicants. These ties are typically weakly held by student applicants, as the student is often single, unemployed, without property, and is at the stage in life of deciding and developing his or her future plans. This general condition is further accentuated in light of the student�s proposed extended absence from his or her homeland. [9 FAM 41.61 N5.2]

    However, there is still another problem. The consular officer must still also be satisfied with (2) and (3). Fortunately, the consular officer has to recognize an intention of abandoning residence of your country of citizenship and residence is only important at the time of application and that �this intention is subject to change or even likely to change is NOT a sufficient reason to deny a visa.� 9 FAM 41.61 N5.2. Despite these considerations, if the consular officer is aware the rest of the visa applicant�s family is in the USA from the required disclosures on the visa application, this is evidence which may cause denial of the visa.


    Unfortunately, on graduation Jack could not find work in the USA. He wanted to remain in Detroit to be with his family, but it is suffering from high unemployment. He also had three offers from three banks in New York before graduation to work as a stock trader. He accepted one and they were willing to sponsor Jack with a H1-B nonimmigrant employment visa. However, when the employer submitted the application and fee, it transpired they could not sponsor him. The H1-B cap for 60,000 visas had been reached for 2008 in just three days. 150,000 applications were made and so the USCIS selected 60,000 on a random basis. Unfortunately, Jack was one of the unlucky 90,000 and the application was returned to the employer unprocessed. Even more unfortunate, the employer was unwilling to sponsor Jack with an employment-based permanent residency petition.

    Jack is now in the UK, his country of citizenship, despite the fact his Parents and sister remain in the USA and will continue to be so. Jack�s sister could sponsor Jack for a family-based immigrant visa after she turns 21, but she is still only 18 and so cannot do so under current laws. Even if she was 21, Jack would have to wait about 15 years. Jack, therefore resigns to a new life in London. Fortunately, he works in Canary Wharf, London, for a major bank as an analyst.

    During this time he is not happy. He is out of touch with people in the UK culturally speaking, suffers from depression, but despite this does his best to adjust. He contemplates coming to the USA on student visa to do law school. In the future he applies and gets offers to do a JD in Yale, Columbia, New York, Georgetown and Duke.

    However, if the laws stay as they were at the start of 2007, Jack knows he will have problems. He has to have the intention to leave the USA upon completion of his studies. However, in his heart he wants to stay in the USA but realizes the law does not allow this. Knowing this, he can apply for a Fulbright scholarship and will likely be ones and successful so that his tuition fees and living expenses are paid for in full. However, the terms state he must return on completion of his degree. If this fails Jack, in applying for an F1 visa, has to prove he can pay for and in fact has the funds to pay for the degree and the living expenses and so would have to wait until he is able obtain this money somehow. This is particularly onerous when you consider a law degree at the above listed law schools costs approximately or more than $35,000 in tuition fees each year alone.

    The Need for Reform for the Children

    Legislation should be enacted to enable those specified above to also apply for permanent residence. Under the STRIVE Act, illegal immigrants would be provided with a direct path to permanent residency and eventually citizenship. However, the children are law abiding nonimmigrant visa holders are left out in the cold. What a peculiar turn of events!

    Jack would not receive any benefit under the upcoming comprehensive immigration reform to apply directly and on his own behalf for permanent residency. For a country that has educated Jack from the beginning (through the taxes of Americans and other residents) it is strange that:

    * He is not allowed to live in his home with his friends and family automatically;
    * The USA invested so many resources in the development and cultivation of Jack�s talents (tens of thousands of dollars in fact), but Jack is unable to automatically return to give back for his achievements such as through taxes on a potentially high income; and
    * The UK has taken the direct benefit, since Jack works in the USA, without having spent any money on his education and development.

    The bottom line is immigration needs to be comprehensive, not only to promote family reunification, but also to ensure the USA does not lose out on the best talent in an increasingly competitive global economy.

    Help for the Children of Illegal Migrants: The DREAM Act

    Ironically, the DREAM Act (The Development, Relief and Education for Alien Minors Act) is currently a Bill pending in US Congress (and is incorporated in the STRIVE Act), which would provide wide ranging help to illegal immigrant students. Unfortunately, this does not help the children of nonimmigrant visa holders such as Jack.

    Reporting Errors

    This article does not constitute legal advice and may not correctly describe the legal position. However, reasonable efforts have been taken to ensure its relevancy. Please report errors and provide feedback on this article on the related thread at http://www.expatsvoice.org/forum/showthread.php?t=1986.


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  • franklin
    07-18 03:29 PM
    I just upgraded my monthly contribution too!

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  • vjkypally
    07-18 04:44 PM
    Made a one time payment 3 days back of 100$. More to follow.
    Cheers iV

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  • masouds
    09-10 03:10 PM
    Remember this is the October VB...so thisis waht is in store for teh next Fiscal year..Oct 08 to Sept 09....so be ready for another year of drudgery....

    I'd wait for the official bulletin and their forecast for the next few months before becoming really upset. I have bad stomach as it is. No need to get upset unless absolutely necessary.

    12-10 04:20 PM
    Does this mean that spill over is not "quarterly" as we've been discussing

    Yes, that's is correct. and they clarified (once more) that "when spill over occurs, PD of oversubscribed countries will move together".
    For example, if EB2 India and China has different PDs, spillover is not occuring.

    Additionally, it looks like demand in Eb1 is high enough that spill over may not be big, and so even with spill over, EB2 PD will not cross 2005. (they are saying indirectly that dont hold the hopes for big jump in the last quarter this year....)

    USCIS seems to be working very efficiently and has a good grasp on the number of applications now (at least it seems...). All that extra staff they hired for July 2007 fiasco is working now and there is not much new filing. System will stay efficient until the time comes for them to handle 12 million undocumented after the CIR.

    03-13 10:03 AM
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