ksiddaba
07-05 12:18 AM
I have already written to her asking for more reports in this matter. Here is the email I sent her:
Hello Ms. Miriam:
As a long time subscriber to the WSJ and one of the victims of the "bait and switch" by the USCIS and Department of State, I would like to thank you for covering the article in the WSJ. I would like to kindly direct your attention to the stand taken by AILA (American Immigration Lawyers Assoc.) and Immigration Voice (a non profit organization representing skilled immigrants). I feel it is necessary that the impact and the behind the scenes maneuvering at DOS be covered by a respectable publication such as the WSJ. May I point you to some of the links on the internet. Some are yet-unverified rumors. I hope that you will use your journalistic discretion and power to bring more light to this issue
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808 -- Congresswoman Lofgren's response
http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html Mr. Siskind is a respected lawyer in the immigration field.
http://www.aila.org/ -- AILA website and potential class action lawsuit against USCIS
Sincerely
Kalyan.
Hello Ms. Miriam:
As a long time subscriber to the WSJ and one of the victims of the "bait and switch" by the USCIS and Department of State, I would like to thank you for covering the article in the WSJ. I would like to kindly direct your attention to the stand taken by AILA (American Immigration Lawyers Assoc.) and Immigration Voice (a non profit organization representing skilled immigrants). I feel it is necessary that the impact and the behind the scenes maneuvering at DOS be covered by a respectable publication such as the WSJ. May I point you to some of the links on the internet. Some are yet-unverified rumors. I hope that you will use your journalistic discretion and power to bring more light to this issue
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808 -- Congresswoman Lofgren's response
http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html Mr. Siskind is a respected lawyer in the immigration field.
http://www.aila.org/ -- AILA website and potential class action lawsuit against USCIS
Sincerely
Kalyan.
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abandookwala63
03-16 05:28 PM
Very informative and close to our situation. Thank you for sharing.
very informative articles. Mr. Ron keep it up.
very informative articles. Mr. Ron keep it up.
srmodi
10-04 09:50 AM
Any July 2nd filer got AP approval yet from NSC?
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sanju
04-04 02:09 PM
sanju, you said that right man.
Now you will see this thread die down as people who were complaining will simple stop posting in this thread and as always, our brother in arms will not participate by calling lawmakers. It seems that they are scared as if as soon as they would dial the lawmaker�s phone number, the cops standing outside their office will simple arrest them to deport before tonight. People, open your eye, we are in AMERICA. This is Democracy, you are expected to tell the lawmakers about your definition of fairness and how you have been treated unfairly. It is our responsibility to tell lawmakers about what is �unfair�. 100+435 men/women in DC want to listen, the only problem is we don't want to speak to them. Most of our fellow forum members think that simply whining on the forums will make the problem go away.
Now you will see this thread die down as people who were complaining will simple stop posting in this thread and as always, our brother in arms will not participate by calling lawmakers. It seems that they are scared as if as soon as they would dial the lawmaker�s phone number, the cops standing outside their office will simple arrest them to deport before tonight. People, open your eye, we are in AMERICA. This is Democracy, you are expected to tell the lawmakers about your definition of fairness and how you have been treated unfairly. It is our responsibility to tell lawmakers about what is �unfair�. 100+435 men/women in DC want to listen, the only problem is we don't want to speak to them. Most of our fellow forum members think that simply whining on the forums will make the problem go away.
more...
ntpatil
11-11 01:19 AM
Hi there
Yes, when you join work you need to fill a new I9 to officially claim your right to employment using an EAD (if you have entered as an H4). Basically, this is the documentation to prove that you are undertaking authorized employment and giving up your H4 status.
Now, if the underlying 485 of the primary applicant gets denied, then you can continue working if your H1 is still valid but sadly your wife cannot work and has to stop working immediately until a MTR is filed and USCIS resumes the case processing pending decision of MTR.
A friend of mine was in this situation. His wife stopped working, their lawyer filed MTR (wife took unpaid leave of absense for 2 months) and after the case status changed to under consideration, she resumed working. Remember, the EAD is only valid as long as the 485 is not in a denied status. If employment is continued after 485 is denied and before MTR is accepted, you can later face problems for having engaged in unlawful employment in case you have an interview.
Thanks again Chaanakya,
I understand that the dependent loses the EAD status when the underlying 485 is denied. However, if the primary applicant is still maintaining H1, then is there a way to get H4 back by staying here in the US. Or is the only way to get H4 is to go back to India and come back here. At this point I do not care about filing an MTR to open the 485, but I need to get back to H4 status.
Yes, when you join work you need to fill a new I9 to officially claim your right to employment using an EAD (if you have entered as an H4). Basically, this is the documentation to prove that you are undertaking authorized employment and giving up your H4 status.
Now, if the underlying 485 of the primary applicant gets denied, then you can continue working if your H1 is still valid but sadly your wife cannot work and has to stop working immediately until a MTR is filed and USCIS resumes the case processing pending decision of MTR.
A friend of mine was in this situation. His wife stopped working, their lawyer filed MTR (wife took unpaid leave of absense for 2 months) and after the case status changed to under consideration, she resumed working. Remember, the EAD is only valid as long as the 485 is not in a denied status. If employment is continued after 485 is denied and before MTR is accepted, you can later face problems for having engaged in unlawful employment in case you have an interview.
Thanks again Chaanakya,
I understand that the dependent loses the EAD status when the underlying 485 is denied. However, if the primary applicant is still maintaining H1, then is there a way to get H4 back by staying here in the US. Or is the only way to get H4 is to go back to India and come back here. At this point I do not care about filing an MTR to open the 485, but I need to get back to H4 status.
abh
07-30 03:42 PM
Do you think he will get his case approved on the spot after interview as dates will be current at that time?
If yes, then it is worth the tension we are having.
If yes, then it is worth the tension we are having.
more...
immivjj
09-26 02:14 PM
Hi,
My passport expires in Nov, '07 and am planning to travel to India shortly. I would like to know if we are required to submit the original/copy of I-94 for passport renewal.
Your answers are very much appreciated.
My passport expires in Nov, '07 and am planning to travel to India shortly. I would like to know if we are required to submit the original/copy of I-94 for passport renewal.
Your answers are very much appreciated.
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pappu
04-13 04:41 PM
So after more than a month of sleepless nights, thanks to Immigration Voice looks like my I 485 application is back on track.
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand *
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
ps:
Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.
we are glad that it worked out.
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand *
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
ps:
Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.
we are glad that it worked out.
more...
grinch
05-21 10:05 AM
Bah,
DJ is in my battle right now too! Jesus man, I don't see how you can keep up with all of these, but anyways, great work both of you!
Telek, it reminds me of FFIX, for some reason... I like it!
DJ is in my battle right now too! Jesus man, I don't see how you can keep up with all of these, but anyways, great work both of you!
Telek, it reminds me of FFIX, for some reason... I like it!
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whiteStallion
12-04 01:32 AM
Well said !
We all know this EB3-EB2 game is total non-sense and unjust.
So many extra-ordinary people who could/should have been in EB2 are in EB3 simply because : corporate lawyer filed in wrong category, they did not want to work for a desi employer who would file in EB2 in exchange for a lot of things, they did not want to buy an approved labor and create fake experience certs/affidavits, or for various other family/job realated reasons which have nothing to do with his/her education/skills/experience.
At the same time, a lot of street smart people got their EB2 labor/I140 approved while they worked at gas stations.
In my opinion all IT professionals, MBA's, Lawyers, Doctors and all other BE/Btech/ME/MTech engg. should be in SAME category (EB2 or EB3). The only people who should be in a preferred category are the scientists who are actually working as research scientists for a govt or non-profit organization (not just anyone who bought a PhD from Dhanabad University for Rs 15000).
If there must be EB2 vs. EB3 then it should be based on a well-defined, measurable and well followed criteria, for example a aptitude/IQ test, interview/GD, there are many other ways to cover all types of talents.
We all know this EB3-EB2 game is total non-sense and unjust.
So many extra-ordinary people who could/should have been in EB2 are in EB3 simply because : corporate lawyer filed in wrong category, they did not want to work for a desi employer who would file in EB2 in exchange for a lot of things, they did not want to buy an approved labor and create fake experience certs/affidavits, or for various other family/job realated reasons which have nothing to do with his/her education/skills/experience.
At the same time, a lot of street smart people got their EB2 labor/I140 approved while they worked at gas stations.
In my opinion all IT professionals, MBA's, Lawyers, Doctors and all other BE/Btech/ME/MTech engg. should be in SAME category (EB2 or EB3). The only people who should be in a preferred category are the scientists who are actually working as research scientists for a govt or non-profit organization (not just anyone who bought a PhD from Dhanabad University for Rs 15000).
If there must be EB2 vs. EB3 then it should be based on a well-defined, measurable and well followed criteria, for example a aptitude/IQ test, interview/GD, there are many other ways to cover all types of talents.
more...
neverbefore
01-05 02:45 PM
Folks
I am booking our tickets to India and found this thread to be very enlightening. Thanks to all the good folks for sharing their experiences, opinions and analyses.
Please feel free to send more guidance this way on the best options.
Thanks very much.
I am booking our tickets to India and found this thread to be very enlightening. Thanks to all the good folks for sharing their experiences, opinions and analyses.
Please feel free to send more guidance this way on the best options.
Thanks very much.
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anandrajesh
09-27 10:47 AM
The United States, previously in first place, continues to enjoy an excellent business environment, efficient markets and is a global centre for technology development. However, its overall competitiveness is threatened by large macroeconomic imbalances, particularly rising levels of public indebtedness associated with repeated fiscal deficits. Its relative ranking remains vulnerable to a possible disorderly adjustment of such imbalances, including historically high trade deficits
for full report etc --
http://www.weforum.org/en/fp/gcr_2006-07_highlights/index.htm
I Heard in NPR that restrictions in US Immigration systems is a major contributor to this slide. Can we use this point to press our case?
for full report etc --
http://www.weforum.org/en/fp/gcr_2006-07_highlights/index.htm
I Heard in NPR that restrictions in US Immigration systems is a major contributor to this slide. Can we use this point to press our case?
more...
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Buddha2009
02-01 03:57 AM
Well here is what I have thought of doing if I get into your shoes when I140, US GC looks dicey. (I already have Canadian PR till August 2010).
I would take a three/four week vacation and go and live there. Prepare for a job and get first hand ground feeling of what it feels like living in Canada, make a living and raise a family. After all making a living to able to support yourself is a important corner stone thing. You can't live of fresh air.
Can you compare your situation ? No. You are not the same nature, skills, personality, intelligence and willingness as others and most of all your own Luck. You know yourself best and the only way you can tell that the place will work out for you is when you go get a sample for yourself and your gut feeling. I went to Vancouver and just loved the place. My wife saw the clouds and gloom and hates the place (spoilt by southern california). You will be your best judge.
Take the harshest sample: Winter is tough in Canada. Go now and take a feel of what you will be expecting and set your expectation.
Info: Approx 90% of the Canadian population lives within 100-200 miles north of the US border.
Down the road: Make a plan and see whats your options down the road. Looking back is no good way of planning for the future. 3 years + few months, you can be Canadian Citizen. You have then the option of using TN and come right back into the USA, if you even have the need. Looking back now I feel I should have started this journey 2 years back. In the next year or so I would be a Canadian and could have come right back without the 140 and 485 headache. After two years I am still holding my breath for 140. Rightfully, Heaven is where I feel at peace. US has made me feel miserable and bitter after 9 years of rough rollercoaster and no end in sight. Can't buy a house, can't live freely, always on the edge and mercy of the Boss and H1B.
Having Canadian PR in hand is like having a bird in your Hand, and US GC is like two birds in the bush (I feel the birds are in Bush in Texas :) and its going to eat me, rather than I eating it) You don't even have the US Bird in sight and the story is getting tougher....
All options good. Go spend some time in Canada and see what your gut feel says.
I would take a three/four week vacation and go and live there. Prepare for a job and get first hand ground feeling of what it feels like living in Canada, make a living and raise a family. After all making a living to able to support yourself is a important corner stone thing. You can't live of fresh air.
Can you compare your situation ? No. You are not the same nature, skills, personality, intelligence and willingness as others and most of all your own Luck. You know yourself best and the only way you can tell that the place will work out for you is when you go get a sample for yourself and your gut feeling. I went to Vancouver and just loved the place. My wife saw the clouds and gloom and hates the place (spoilt by southern california). You will be your best judge.
Take the harshest sample: Winter is tough in Canada. Go now and take a feel of what you will be expecting and set your expectation.
Info: Approx 90% of the Canadian population lives within 100-200 miles north of the US border.
Down the road: Make a plan and see whats your options down the road. Looking back is no good way of planning for the future. 3 years + few months, you can be Canadian Citizen. You have then the option of using TN and come right back into the USA, if you even have the need. Looking back now I feel I should have started this journey 2 years back. In the next year or so I would be a Canadian and could have come right back without the 140 and 485 headache. After two years I am still holding my breath for 140. Rightfully, Heaven is where I feel at peace. US has made me feel miserable and bitter after 9 years of rough rollercoaster and no end in sight. Can't buy a house, can't live freely, always on the edge and mercy of the Boss and H1B.
Having Canadian PR in hand is like having a bird in your Hand, and US GC is like two birds in the bush (I feel the birds are in Bush in Texas :) and its going to eat me, rather than I eating it) You don't even have the US Bird in sight and the story is getting tougher....
All options good. Go spend some time in Canada and see what your gut feel says.
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nc14
06-20 09:51 AM
We do not have one in Ohio either (I even checked Kentucky). What would be the best possible way to get updates so that we can join the initiative?
GO IV GO....
.......................
$320 + $50 recurring
What if your state does not have a state chapter?
If you wish the entire immigrationvoice community to assist then some sharing of updates will be necessary outside of these.
GO IV GO....
.......................
$320 + $50 recurring
What if your state does not have a state chapter?
If you wish the entire immigrationvoice community to assist then some sharing of updates will be necessary outside of these.
more...
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dpp
01-10 11:09 PM
Your employer cannot revoke approved I-140 after 180 days of filing of I-485. AC21 portability law clearly says that. Your employer is playing with the lifes of employees. He cannot win any case in this situation. You better look for another employer and move ASAP. Also, you cannot keep PD as it is somebody else's PD. Eventhough you/your can try appealing with no chances of winning, but you/your employer is trying to spoil the life another person who got GC.
All,
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
All,
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
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Maxine
03-31 05:03 PM
Will there be any live updates on how the meeting is progressing on April 4-5?
more...
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abigel
08-07 08:41 PM
People do not agree and have different ideas - sometimes to the point of personal hurt! - this is natural. They have different interests and even when they have shared goals, sometimes their paths to those shared goals may diverge - this is natural, too. Yes, differences, discussion and divergence can lead to a final separation and then two or mroe new groups are born - and it can happen naturally and it does not have to be rushed or forced through censorship and persecution. But sometimes debates and differences actually help the whole group to stay together and find a better path or a better solution - in the heat of the discussion and in the fight of the dualling arguments a new idea, approach or solution is born. I do think that a lot of the most contentious discussions on this forum are actually the most important and interesting ones because those are the oens that will cut to the heart of the problem and reveal the real depths of the issues. Suppression of diverging opinions is the hallmark of dictatorships.
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kaisersose
09-17 01:32 PM
Are you sure? Cause I did work with them, no one imagined the crisis of real estate was going to be soooo steep and also no one imagined that my i-485 was going to be approved so fast.
I can proof I worked with them from 2002-2006 (4 years). They gave me a letter saying they still not able to get me a job, i did have intent to work with them.
That is the point. It was not of your own volition.
Also, there is no rule that says citizenship is not available to people who do not work for the sponsoring employer for a certai nperiod of time after GC approval. It is just good practice to stick around for a few months after approval, but it is not law.
You will have no trouble. Change your status from bittersweet to sweet and have fun. Also, good luck finding a new job.
I can proof I worked with them from 2002-2006 (4 years). They gave me a letter saying they still not able to get me a job, i did have intent to work with them.
That is the point. It was not of your own volition.
Also, there is no rule that says citizenship is not available to people who do not work for the sponsoring employer for a certai nperiod of time after GC approval. It is just good practice to stick around for a few months after approval, but it is not law.
You will have no trouble. Change your status from bittersweet to sweet and have fun. Also, good luck finding a new job.
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speddi
06-14 10:36 AM
try the financial forum on FatWallet.com
krishnam70
07-03 06:07 PM
I have sent an email to US Senator Dianne Feinstein, California.
Please send an email to your Senators.
sent my email to John Cornyn of Texas
Please send an email to your Senators.
sent my email to John Cornyn of Texas
WillIBLucky
11-22 08:24 AM
One of our members has written this as below, it looks good.
PLEASE READ AND CHANGE AS REQUIRED.
Hi,
The plight of legal immigants has been lost in all the noise and focus on illegal immigration. There are about 500K legal high-skilled immigrants from around the world who are presently working in the US legally on a temporary work visa issued by the US Citizenship and Immigration Services and in the queue for a permanent resident card also known as Green Card (GC).
There are only 140K GCs given per year for all employment based categories and the employer who sponsors the immigrant has to prove that the job cannot be filled by an American Citizen through a lbour market test. The 140K number is also used to count the spouse and children of the high skilled immigrant. So in essence there are only about 60K high skilled immigrants given a GC each year. Also there is a per country limit of 7%, so only about 5000 GCs are given to high-skilled geal immigrants from each country. This has lead to a huge backlog in GCs especially from countries which send may high-skilled immigrants like China and India. To make matters worse the Congress authorized about 250K illegal aliens a one time waiver to adjust status in the year 2000 and those numbers come out of the regular 140K per year granted to legal high-skilled immigrants.
All this has resulted in a expected wait of "8-12 years" for getting a GC for a "Play-By The Rules" legal high-skilled immigrant. Add another % years after that to get US Citizenship. Seeing these kind of numbers many talented young engineers , scientists and doctors are moving to other countries in droves. No one would like a wait for 15 years to become a naturalized citizen. America is losing a lot due to this Retrogression (Backlog) in GCs, especially when there is a global competition for Talent. The only ones who have patience to stick on is those who have already been in the waiting game for
years and have a lot at stake to leave it at this stage. And for those that chose to wait in this manner life is hell. For 7-10 years they cannot change jobs, cannot get promoted or even change job roles within the same company, cannot get transferred to a different location in same company. Any of these events will mean starting in line all over again. Also their spouses cannot work and they cannot buy homes or make other investment decisions due to the uncertainity, many who have kids in college have to pay higher tution.
I am one of these stuck in this GC hell for the last 9 years, I came to the United States as a student in 1995 to pursue graduate studies in Engineering in a top-ranked university. I have been employed legally in the US since I graduated in 1997 and been pursuing the GC dream for the last 9 years. The end is not in sight and if Congress does not pass any relief I expect the wait to last at least another 5 years.
What does it take for congress to pass some relief? Just some simple relief measures
1. Increase the numbers of GCs to 250K per year temporarily for 2-3 years to alleviate the current problem.
2. Allow to recover unused GC numbers from previous 5 years to be used to alleviate the current retrogression.
3. Do not count spouse and dependents towards the annual number
4. Do not count against the annual cap count certain high-skilled immigrants who have a advanced degree from the US and have worked in a high-skilled job legally in the United states for 3 years .
PLEASE READ AND CHANGE AS REQUIRED.
Hi,
The plight of legal immigants has been lost in all the noise and focus on illegal immigration. There are about 500K legal high-skilled immigrants from around the world who are presently working in the US legally on a temporary work visa issued by the US Citizenship and Immigration Services and in the queue for a permanent resident card also known as Green Card (GC).
There are only 140K GCs given per year for all employment based categories and the employer who sponsors the immigrant has to prove that the job cannot be filled by an American Citizen through a lbour market test. The 140K number is also used to count the spouse and children of the high skilled immigrant. So in essence there are only about 60K high skilled immigrants given a GC each year. Also there is a per country limit of 7%, so only about 5000 GCs are given to high-skilled geal immigrants from each country. This has lead to a huge backlog in GCs especially from countries which send may high-skilled immigrants like China and India. To make matters worse the Congress authorized about 250K illegal aliens a one time waiver to adjust status in the year 2000 and those numbers come out of the regular 140K per year granted to legal high-skilled immigrants.
All this has resulted in a expected wait of "8-12 years" for getting a GC for a "Play-By The Rules" legal high-skilled immigrant. Add another % years after that to get US Citizenship. Seeing these kind of numbers many talented young engineers , scientists and doctors are moving to other countries in droves. No one would like a wait for 15 years to become a naturalized citizen. America is losing a lot due to this Retrogression (Backlog) in GCs, especially when there is a global competition for Talent. The only ones who have patience to stick on is those who have already been in the waiting game for
years and have a lot at stake to leave it at this stage. And for those that chose to wait in this manner life is hell. For 7-10 years they cannot change jobs, cannot get promoted or even change job roles within the same company, cannot get transferred to a different location in same company. Any of these events will mean starting in line all over again. Also their spouses cannot work and they cannot buy homes or make other investment decisions due to the uncertainity, many who have kids in college have to pay higher tution.
I am one of these stuck in this GC hell for the last 9 years, I came to the United States as a student in 1995 to pursue graduate studies in Engineering in a top-ranked university. I have been employed legally in the US since I graduated in 1997 and been pursuing the GC dream for the last 9 years. The end is not in sight and if Congress does not pass any relief I expect the wait to last at least another 5 years.
What does it take for congress to pass some relief? Just some simple relief measures
1. Increase the numbers of GCs to 250K per year temporarily for 2-3 years to alleviate the current problem.
2. Allow to recover unused GC numbers from previous 5 years to be used to alleviate the current retrogression.
3. Do not count spouse and dependents towards the annual number
4. Do not count against the annual cap count certain high-skilled immigrants who have a advanced degree from the US and have worked in a high-skilled job legally in the United states for 3 years .
