Legal
07-05 12:42 PM
I called the congresswomen and senator from our constituencies. They do not have any idea what I am talking about. I think I made them more confused than ever.
We need to come up with a letter format, which can be printed and send it to them by mail as well as we need to have web fax with a clear message.
Dear Senator,
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.
I make this sincere request on behalf of all legal skilled immigrants with the hope that people who played by the rules will be rewarded.
Yours Sincerely,
We need to come up with a letter format, which can be printed and send it to them by mail as well as we need to have web fax with a clear message.
Dear Senator,
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.
I make this sincere request on behalf of all legal skilled immigrants with the hope that people who played by the rules will be rewarded.
Yours Sincerely,
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GoneSouth
06-01 06:35 PM
Hmm so I was quite worried about good old Section 502(d)(2) at first, but after re reading carefully, this may not be terrible. I (and others?) might have pressed the panic button a little too quickly.
As I read it now (and I am NOT a lawyer), any I-140 petition adjudicated after the effective date of this legislation (Oct 2008 seems to be the popular opinion) will be rejected if the I-140 petition has a filing date after May 15th 2007. If this *only* applies to adjudication of I-140s and NOT to I-485s, this means that you would have to have filed your I-140 after May 15th and have it still pending by Oct 2008 .... 14 months for folks filing in the near future. This is quite unlikely, as it takes only a month or so for premium processing, and around 6 months for non-premium.
Folks might get into trouble if they have a labor certification stuck in the BEC and it doesn't get approved for another 12 months or so...
Comments ?
- GS
(of course, this is all speculation, I realize there's a long way to go before this becomes law).
As I read it now (and I am NOT a lawyer), any I-140 petition adjudicated after the effective date of this legislation (Oct 2008 seems to be the popular opinion) will be rejected if the I-140 petition has a filing date after May 15th 2007. If this *only* applies to adjudication of I-140s and NOT to I-485s, this means that you would have to have filed your I-140 after May 15th and have it still pending by Oct 2008 .... 14 months for folks filing in the near future. This is quite unlikely, as it takes only a month or so for premium processing, and around 6 months for non-premium.
Folks might get into trouble if they have a labor certification stuck in the BEC and it doesn't get approved for another 12 months or so...
Comments ?
- GS
(of course, this is all speculation, I realize there's a long way to go before this becomes law).
AabTuAgaGC
01-04 12:46 PM
I called in yesterday to the tollfree # - this was the bottomline after the long chat :(
"your case is 1 day beyond the normal processing time- we'll open a SR and send to the IO - please call back after 60 days to check back on the status of the service request"
They gave me the same reply as well! :mad::mad:
"your case is 1 day beyond the normal processing time- we'll open a SR and send to the IO - please call back after 60 days to check back on the status of the service request"
They gave me the same reply as well! :mad::mad:
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sampath
04-25 01:38 PM
The priority date based on the person first entering the US on H1B visa, or converting to a H1 status from any other visa status in the US is an excellent one.
This eliminates all the issues that H1Bs face today when applying for a GC. Employer portability, Visa retrogression etc ( and not to mention employer manipulation of H1Bs workers in delaying to file GCs ) are applied in fairness to everyone. This takes the fear out of H1B workers to change jobs at will without regard to negative impact on their pending GC applications..
Way to go.. Why can't IV propose to add this one liner to any of the impending amendments or find another lawmaker to support this which can alleviate most issues faced by H1Bs today.
This eliminates all the issues that H1Bs face today when applying for a GC. Employer portability, Visa retrogression etc ( and not to mention employer manipulation of H1Bs workers in delaying to file GCs ) are applied in fairness to everyone. This takes the fear out of H1B workers to change jobs at will without regard to negative impact on their pending GC applications..
Way to go.. Why can't IV propose to add this one liner to any of the impending amendments or find another lawmaker to support this which can alleviate most issues faced by H1Bs today.
more...
greyhair
08-12 11:13 AM
Why is the senator backtracking from "chop shop" comment ? Here is why
Visa row: US keen not to hurt ties with India before Obama visit - US - World - The Times of India (http://timesofindia.indiatimes.com/world/us/Visa-row-US-keen-not-to-hurt-ties-with-India-before-Obama-visit/articleshow/6298482.cms)
What difference does it make? Whatever he calls it, the law still means the same. Indian companies should know better than that. I mean if this is their best defense then god help consulting companies.
Visa row: US keen not to hurt ties with India before Obama visit - US - World - The Times of India (http://timesofindia.indiatimes.com/world/us/Visa-row-US-keen-not-to-hurt-ties-with-India-before-Obama-visit/articleshow/6298482.cms)
What difference does it make? Whatever he calls it, the law still means the same. Indian companies should know better than that. I mean if this is their best defense then god help consulting companies.
rajvepa
07-15 01:12 PM
Just posted check for $25
more...
langagadu
09-15 11:19 AM
:mad::mad::mad::mad: Rey Moran, Who the heck gave you Ph.D. Definitely you don't have ability to think. Idiot, give your Ph.d back, you need to start thinking of washing your rusted brain, Moran.
:mad::mad::mad::mad::mad:
are bhagwan... kash maine substitue labor use kiya hota....
I would have been approved by then...
Been here since 1996 and have a doctorate .. but still in EB2.. and i don't regret it .... but i don't want anymore line jumping for sure.
:mad::mad::mad::mad::mad:
are bhagwan... kash maine substitue labor use kiya hota....
I would have been approved by then...
Been here since 1996 and have a doctorate .. but still in EB2.. and i don't regret it .... but i don't want anymore line jumping for sure.
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ramus
07-19 06:16 AM
Only when you contribute more.. just kidding.
Thanks for your contribution.
Just did a paypal payment of $100
Confirmation Number: 42U11755V4035824R.
Great job, IV. I am proud to be a member of this community?
Where can I get an F5 key? :)
Thanks for your contribution.
Just did a paypal payment of $100
Confirmation Number: 42U11755V4035824R.
Great job, IV. I am proud to be a member of this community?
Where can I get an F5 key? :)
more...
immi_twinges
07-20 04:13 PM
I think its the right time to get in touch with the USINPAC. Not only USINPAC but all communities who ever have pacts with US government should start getting involved.
"United we stand divided we fall"
"United we stand divided we fall"
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priti8888
07-23 03:12 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!!
Card Production ordered
PD AUG 2004
RD DEC 2004
EB3 INDIA :) :) :)
thx everyone for your help and suppport!!
more...
willwin
10-01 04:34 PM
This might work, except that the law would have to be changed he other way also.
If they allow you to apply for 485, the law says that you have the right to EAD and AP which will make it then too cumbersome for CIS to handle.
That is why when you apply for Consular Processing, your approved Visa petition(140) remains on NVC(National Visa Center) and you do not get any fringe benefit until your PD is current.
Andy,
CP does not have interim benefits but the papers (Form 230) does not stay at NVC. They process Form 230, approve it, update DOS about the approval and send them to respective consulates. My paper is in Chennai Consulate for the last 2 months (and may be several years in future).
I have a question to the experts here.
If 485 applications cannot be approved because of big queue in 485, name check, general USCIS delay in processing 485, why not issue VISA numbers to cases pending in consulates (which would be 1% of 485 queue) which are already approved and just awaiting VISA numbers. I know that CP and 485 share the same pool but that just sounds ridiculous knowing that thousands of numbers wasted despite that would very well take care of ALL applications pending at Consulates.
If they allow you to apply for 485, the law says that you have the right to EAD and AP which will make it then too cumbersome for CIS to handle.
That is why when you apply for Consular Processing, your approved Visa petition(140) remains on NVC(National Visa Center) and you do not get any fringe benefit until your PD is current.
Andy,
CP does not have interim benefits but the papers (Form 230) does not stay at NVC. They process Form 230, approve it, update DOS about the approval and send them to respective consulates. My paper is in Chennai Consulate for the last 2 months (and may be several years in future).
I have a question to the experts here.
If 485 applications cannot be approved because of big queue in 485, name check, general USCIS delay in processing 485, why not issue VISA numbers to cases pending in consulates (which would be 1% of 485 queue) which are already approved and just awaiting VISA numbers. I know that CP and 485 share the same pool but that just sounds ridiculous knowing that thousands of numbers wasted despite that would very well take care of ALL applications pending at Consulates.
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knnmbd
04-25 01:12 PM
It really becomes ridiculous. You are totally mistaking the purpose of the CIR. It
s not a policy bill, it's a bill about tweaking the existing policy. Giving everyone a priority date based on his/her date of the arrival to the states is to admit that H1b visa is an immigrant visa, which is not. Don't push an envelope too hard, it might backfire in the most unusual way.
I think you have hit the nail on the head. We are on a roller coaster ride and we need to cool our heels. The two amendments to help ease retrogression are already in two of the senator�s bills. Let's push that on through. We can later on use our imaginations to solve any �bigger" immigration issues.
s not a policy bill, it's a bill about tweaking the existing policy. Giving everyone a priority date based on his/her date of the arrival to the states is to admit that H1b visa is an immigrant visa, which is not. Don't push an envelope too hard, it might backfire in the most unusual way.
I think you have hit the nail on the head. We are on a roller coaster ride and we need to cool our heels. The two amendments to help ease retrogression are already in two of the senator�s bills. Let's push that on through. We can later on use our imaginations to solve any �bigger" immigration issues.
more...
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Sakthisagar
02-24 09:11 AM
Hello gcdream,
If you apply on premium processing then fees is huge, lot of money, if you apply before hand I mean 6 months back before the expiry of Visa, then not this much money as fees, last time I opted for premium processing.
Thanks for asking
If you apply on premium processing then fees is huge, lot of money, if you apply before hand I mean 6 months back before the expiry of Visa, then not this much money as fees, last time I opted for premium processing.
Thanks for asking
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anandrajesh
08-12 11:14 AM
So much for unions to support them for mid term elections.. Come next year, if dems still have same majority, H1B/L1B word will be removed from India's IT dictionary..
All they had to do was to introduce another $2000 fee for every Green Card Re-Captured. Most of us would have been out of this mess and they would have got the money they needed. This Grand posturing is extremely disturbing and i hate the politics behind it.
I wish the Democrats lose big time and lose their hold from Senate and house.
All they had to do was to introduce another $2000 fee for every Green Card Re-Captured. Most of us would have been out of this mess and they would have got the money they needed. This Grand posturing is extremely disturbing and i hate the politics behind it.
I wish the Democrats lose big time and lose their hold from Senate and house.
more...
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imv116
07-15 09:04 PM
The problem I see with Los Angeles is the high population of illegals. Any thing here looks like pro-illegal.
Doing the rally in other cities in Los Angeles County or Orange County is the media visibility that we can get.
Any suggestions from SoCAL members?
-imv116
Doing the rally in other cities in Los Angeles County or Orange County is the media visibility that we can get.
Any suggestions from SoCAL members?
-imv116
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chanduv23
05-15 11:11 PM
Thanks for your wishes.
I agree with you regarding the timeline and evidence. I have mentioned it to my attorney numerous times. My attorney was insistent that adjudicating officers can see all my info on their computer screens. It is only a matter of looking at the info correctly.
It looks like the first MTR went to the same IO who denied my I-485. I could say it from ID in both the denial letters.
Well - I think it was a dirty little trick where supervisor was convinced that this is not an AC21 case and did not even bother to look up your case information.
This is definitely a slap on the face of honesty and integrity
I agree with you regarding the timeline and evidence. I have mentioned it to my attorney numerous times. My attorney was insistent that adjudicating officers can see all my info on their computer screens. It is only a matter of looking at the info correctly.
It looks like the first MTR went to the same IO who denied my I-485. I could say it from ID in both the denial letters.
Well - I think it was a dirty little trick where supervisor was convinced that this is not an AC21 case and did not even bother to look up your case information.
This is definitely a slap on the face of honesty and integrity
more...
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addsf345
11-08 02:09 PM
Gurus,
I am about to switch jobs using EAD. I am worried that if my current employer revokes my 140, CIS may by mistake cancel my pending AOS. I am mentally prepared for this and talk to lawyer to be ready to file MTR in this case. However here is my question.
1. Will this immediately cancel my EAD? if so, I may have to resign.
2. If I continue working while filling for MTR, will it be illegal?
3. How much it costs to go thru' MTR process? How long it takes?
I read on some other website that denying 485 doesn't automatically cancel your EAD. Any inputs?
I am about to switch jobs using EAD. I am worried that if my current employer revokes my 140, CIS may by mistake cancel my pending AOS. I am mentally prepared for this and talk to lawyer to be ready to file MTR in this case. However here is my question.
1. Will this immediately cancel my EAD? if so, I may have to resign.
2. If I continue working while filling for MTR, will it be illegal?
3. How much it costs to go thru' MTR process? How long it takes?
I read on some other website that denying 485 doesn't automatically cancel your EAD. Any inputs?
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samnay
07-18 01:11 PM
Contributed another $100. I am not very active member on this board but I do follow it regularly and I have made contributions in the past.
Let me also take this opportunity to thank IV for putting legal EB immigration on the front page and its ability to galvanize the grass-root efforts in the momentum not seen before. I think we can only go forward from here and if we keep united, make regular contributions and fight for our justified cause, we can do wonders!
I will also exhort other non-members and members for bringing in more people to this forum and helping with contributions.
Thanks
Let me also take this opportunity to thank IV for putting legal EB immigration on the front page and its ability to galvanize the grass-root efforts in the momentum not seen before. I think we can only go forward from here and if we keep united, make regular contributions and fight for our justified cause, we can do wonders!
I will also exhort other non-members and members for bringing in more people to this forum and helping with contributions.
Thanks
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gc_kaavaali
07-14 04:55 PM
Please contribute guys...just $5
desi3933
09-11 03:43 PM
Its shocking!!! They've foolishly approved many 2006 cases and dont tell me it was unpredictable and now ppl with 2003 r still waiting....how logical is this? A bunch of A** H**** working there or what?
I understand your frustration. Since there is no spillover in the first quarter of new fiscal year, it was expected that PD would move back. How can you you expect 2006 PD for Oct when there is no spillover visa numbers.
Next year Jul-Sep 2009, PD should move to mid 2006 again.
My 2 cents.
I understand your frustration. Since there is no spillover in the first quarter of new fiscal year, it was expected that PD would move back. How can you you expect 2006 PD for Oct when there is no spillover visa numbers.
Next year Jul-Sep 2009, PD should move to mid 2006 again.
My 2 cents.
chanduv23
09-16 12:04 PM
Thank you Nagireddi and Nagaraj for those quick shots. It is definitely a good start. Folks, this is a long round, so please step up and fire your shots. While we are still waiting for the Guest lady/gentleman from the West Coast, please take your shots; everyone is welcome.
I will be stepping out for sometime so please be kind enough to bump this thread if it goes off screen.
Trying to bring legislative changes in the most powerful country in the world through grassroots movements is not an easy task and we are moving mountains here.
We appreciate each and every single contribution.
THANKS FOR ALL YOUR SUPPORT AND HELP - YOUR BIGGEST HELP AND SUPPORT IS TO MAKE THIS RALLY A SUCCESS
I will be stepping out for sometime so please be kind enough to bump this thread if it goes off screen.
Trying to bring legislative changes in the most powerful country in the world through grassroots movements is not an easy task and we are moving mountains here.
We appreciate each and every single contribution.
THANKS FOR ALL YOUR SUPPORT AND HELP - YOUR BIGGEST HELP AND SUPPORT IS TO MAKE THIS RALLY A SUCCESS
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