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  • alterego
    07-25 05:50 PM
    Yeah Ron Gotcher is speculating, but there is some credibility to what he is saying. He did predict the rapid movement of PDs toward the end of the year, in fact at one point he was extremely optimistic more than what happened to date. So he did have some insight into the inner workings (or rather non-workings!) of the USCIS. He also openly shared his interaction with Charlie Oppenheim.
    This is why people should not get so excited now. What EB2I got is a little hope, for most it will be false hope, a select few have green hope, but we will only know them by Sept. in retrospect.
    For the rest of us it will be back to the drawing board, oops message board. My feeling is things are likely to be somewhere between the extremely pessimistic projections of Ron Gotcher and the extremely optimistic projections of VLRao.
    I suspect the PD will move back to the April 2004 cutoff and then move forward slowly as spillover allows, so in other words at a rate faster than in the past. I stand by my view that we will need most of next year and perhaps some of 2010 spillover to quench the thirst of EB2I and C.

    I don't think the point Ron made that if everything was current it would take 5 plus years for USCIS to clear the back log is correct. If it really is the case then we are more badly screwed than any of us realise and it goes totally against the statistics the USCIS has been leaking about the number of pending cases. Which many of us have number crunched already.





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  • PlainSpeak
    01-13 06:56 PM
    My friend ..I care for you.

    MC
    Ahh MC you are a charming person using your charm to hit below the belt
    Now what do i do with you....

    I guess i will let this slide because i am not sure what your intentions
    If your next post are more informative maybe there would be a better reply (I know not that you care)
    Cherio





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  • Saralayar
    07-03 10:40 AM
    My son recently finished his high school and wanted to do Dental degree in India. My current situation is I have applied for adjustment of status in July 2007. Me and my family got the EAD and AP. My priority date is Eb3-November 2005. WIth this mess, I am not sure when I will get my green card.
    My question is:
    Can I send my son to India for his studies when the adjustment of status is pending. Will it be considered as abondaned if he is out of US when the adjustment of status is in progress?.
    Is there any specific forms for this type of situation so that he can go for studies in India and continue the adjustment of status.





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  • BharatPremi
    10-23 04:26 PM
    one exception is if your spouse is a Canadian citizen or if you are working for a Canadian subsidiary (I am not sure if it has to be a governmental ).

    1) If "canadian Business" hires you "In Canada" and send you to USA for
    handling its "International Business" then also your stay in USA would be
    considered as your "Physical stay" in Canada.
    2) If you become Canadian Government Employee and it sends you to USA for
    its business then also you will not be considered "Physically Out" of the
    Canada.
    3) If you go to USA with your earning spouse employed by "Canadian
    Business" or "Government" to live with her/him, then also same rule applys.

    Note: This is not legal advise.



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  • saturnring11
    07-22 04:21 PM
    While we are all sharing about our Amway solicitation experiences, let me share what I've seen in the last few years.

    Background: In the last 6 years, I've been approached over 2 dozen times in the Bay Area. Things got so bad that the same guys have approached me more than 3 times in some cases before realizing that they've already talked to me before.

    Incident #1:
    A guy approached me while I was at the mall saying "hi" and striking up a conversation. During our short chat, this 20-something desi guy proceeds to tell me that he is the CIO of Fox News. At which time I pull out my iPhone and look him up using my LinkedIn app under the guise of adding him to my network. Turns out he is an engineer at a local company which he covers up by being embarassed and saying "I haven't updated my profile." I joke about how he moved up in his career so quickly - he then makes an excuse and walks away. I never hear from him again. Another reason to love technology!


    Incident #2:
    I get approached while shopping at the local GAP store. Being a veteran of this form of solicitation, I respond by saying that I work for the San Jose Mercury News and that we are doing a story on Multi-Level Marketing schemes. I ask him if he knows anyone who would be willing to chat on the record. This guys says "Nope, don't know anyone" and walks away. I never see him again...

    Incident #3:
    I am at the Nike store and get approached by this guy asking me if I work at Google (I do not). I tell him "Nope" and walk away before he can ask me another question. I have been approached by this same guy 2 more times at other stores (within 6 months) asking me similar questions. The 3rd time, I tell him - "We've spoken before - No, I don't work at Google, No, I'm not from Delhi and No, I'm not interested in what you are selling." He is stunned and walks away with his tail between his legs :)

    Incident #4:
    The local Fry's is a popular hang out for Amway-types. I learned the hard way because I made my first mistakes here. Both guys that struck up a good conversation with me turned out to be Amway types. After the 2nd phone call, I tell them that if they call me again, I will report them to the authorities and Fry's for illegal solicitation and harassment.
    This stops both people in their tracks. I never see them at Fry's again!

    Bottom-line: Hold your ground, use technology and don't be afraid to kick them around a little bit. Saying "No" is golden!





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  • syzygy
    09-23 01:41 AM
    This is great idea!


    As completely unrelated these two issues are (from a law maker's perspective) on a normal day, these are possibly those times when each of these issues can help the other.

    IV has been discussing about the possibility of one for two solution (partial). The idea is to request congress to exempt EB applicants & their dependents from numerical limits of the Immigrant visas, if they buy a home. It is my belief that market sentiment is the most important thing in any financial market(s) and the housing prospects look pretty bleak. There are lot of members in the EB community that have NOT bought their own home, even though they could afford one because of the uncertainty with EB GC. IV's idea is to bridge the financial committees and judiciary committees in the House/Senate and see if corresponding Chairman/Ranking members are willing to listen. Things are moving so fast with the 700bn USD bail out plan and we will NOT have time to do things the normal way, through our counsel. We have to present this idea to the corresponding staff members of key members of congress (see list below) and see if this gets traction now or going forward.

    Please do not bring EB-5 discussion/comparison here. The proposed partial solution is different from EB-5 in that EB-5 investors invest money and we are investing in our future with a genuine intention of making USA our permanent home.


    If you already have a home, thats fine. Any such legislation will reduce the wait times in EB categories and we need housing markets to rebound for a safer economy before the ripple effects are felt every where.

    Who to write to

    Staff members(Chief of Staff, Legislative LA, Financial LA, Legislative Director) of Chairman/Ranking members of House/Senate Judiciary committee & Finance/Banking committee, Staff members of your representative and your senators. Please find staff members of the committees in the spreadsheet (http://spreadsheets.google.com/pub?key=pptN-jEpAiyd3snslhPjBfw).

    You can find your representative & senator staff members on this website (http://www.outsourcecongress.org/outsource/congress/schstaffers.html).

    Content/Message

    SUMMARY

    This proposal alleviates the current US economic crisis, by motivating the US high skilled, legal immigrant workers to purchase homes. The size of this immigrant population is approximately 800,000 individuals. This effort if successful would inject up to US$ 20Billion approximately into the economy (approximately US$ 100 Billion in houses sold across the country) , while at the same time directing this money into the root cause of the economic crisis � the illiquidity of the national housing market. The above calculation is done
    assuming a median US home price of $212,400 and buyers making a down-payment of 20% of the cost of the home. Roughly estimating 400,000 buyers.

    BACKGROUND

    Undoubtedly, we are all devastated by the shake up on Wall Street in the past 15 days. Experts agree that the underpinning problem is the housing crisis caused by sub-prime mortgage loans. Many of us, who cannot afford our monthly mortgage payments are losing homes and putting them up for sale and foreclosure, which further adds to the crisis. At the same time, most of the Employment-based (EB) immigrant community would like to purchase homes and make the United States a permanent home for their families. These EB immigrants however, are living in a state of limbo, mostly in rental apartments because of the delays and uncertainties involved with the EB immigration procedure. The wait times in EB categories are exacerbated by the delays in processing by USCIS, even though eligible applicants have filed for Permanent Residency also known as Adjustment of Status. Such processing delays have resulted in the wastage of 218,000 immigrant visa numbers (Page 52 of USCIS Ombudsman Annual report 2007). The current Department of State visa bulletin shows 7+ years of wait times in certain categories. We strongly believe that legislation can be worked out in such a way that the housing markets all over the country can move towards recovery, while at the same time motivating the Green Card applicants to catalyze this recovery.

    It should be noted that this proposal by no means brings more immigrant workers into the US. The workers in the EB, skilled category are already present in the US, doing skilled jobs that no US worker is available to do. They are part of the long queue of backlogged cases that USICIS will eventually process; however, this wait can take years and in that case could not be used as a tool to minimize the course of the current economic crisis.

    SOLUTION

    Congress can pass legislation that exempts EB green card applicants and their dependents from the numerical limits of visa numbers, provided applicant(s) have bought a home making 20% down payment on the sale price of the home, for a time period deemed necessary by the congress.


    How can Employment based Immigrants help alleviate the housing problem?

    (1) Employment based immigrants are highly skilled and are employed in occupations such as Software, IT, Health care, Energy, Finance, Education and Research & Development across the United States.

    (2) Average income of these individuals/households is around 65,000/130,000 USD.

    (3) All these Employment based immigrants have gone through Department of Labor�s recruiting process, which certifies that there is no willing, able and qualified US Citizen to do the job.

    (4) Most of the Employment based immigrants have excellent credit history and good source of income to make the payments needed for their home mortgage.

    (5) By requiring a 20% down payment from this group of buyers, Congress can directly channel this money to where it is need most � at the banks.

    (6) Employment based green card applicants have been living in the United States for 6-8 years. Many of them have US graduate degrees in their fields of expertise. These applicants are well versed with the American culture and will not change the cultural landscape.

    (7) Financial burden on US government and treasury will be reduced drastically if the glut of houses in the market decreases.


    As a member of the community that wants to make the US its permanent home, I want to contribute to a solution that helps USA and US during these tough times. I sincerely believe that the 30 year commitment on mortgages by Employment based immigrants in the housing market, backed by solid, risk free mortgages can turn the down ward spiral in the housing market into a upward spiral.

    END OF CONTENT



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  • snram4
    01-15 08:40 PM
    USA was like that for past 100 years. Many times Protectionist bills were passed and many times they were relaxed in past. There will be impacts but it will not bring down the country just because they block a few thousand H1bs. If USA needs to go down there should be some other alternative country should come up relative to that level. India and china have a potential but nowhere near to that for now as they so much dependent on USA and dollar.

    Then USA become USSR and go down the toilet....





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  • 485_spouse
    07-17 04:47 PM
    Sorry she will have to wait for the your PD to get current.

    Thank you, Sir/Madam.
    485_spouse



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  • hiralal
    06-11 08:12 AM
    ratturani, i am seeing an increasing number of posts that state the facts as clearly as you have stated... thats great... now i think somewhere some day, someone will float a good idea of motivating employers such as MS, Intel, BAC etc to fight for us instead of trying to motivate only the congress... see, we dont have too much of power in congress... :-(
    very good points.
    this is what we do till infinity ...discuss discuss discuss.
    open more threads, discuss discuss discuss.
    end.
    we discuss more than the congress.

    let us come with small numerous campaigns to highlight the contributions of legal immigrants..atleast that will prevent people from getting bored





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  • greencard_fever
    07-23 02:28 PM
    See this post by Nixstor:
    http://immigrationvoice.org/forum/showthread.php?p=254275#post254275

    If you ignore the VB predictions in the post, the key thing to note is that USCIS and DOS are in constant touch on a weekly basis after the July 07 fiasco. They know exactly the demand and usage rates.

    This leads me to one of the following two conclusions:
    Either USCIS has intimated to DOS that it can process only X number of cases in the next two months and visas remaining are more than that which is why DOS pushed the dates forward so that consular posts can also maximize usage OR

    The numbers remaining are very large for a variety of reasons (category and FB spill over) and USCIS has agreed to process at least a majority if not all the cases within a certain priority date - probably Jun 2006. Based on that DOS agreed to move the PD to June 2006 after also factoring in the CP usage.

    Obviously the latter is better for us - but it could be the former as well.

    See my asumptions in this thread what i said about USCIS and DOS are working closelly.



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  • hopefull
    05-25 12:28 PM
    www.notcanada.com


    Its blatant racism here. THe population is aging and the government makes a big chunk of money via immigration fees.





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  • ak_2006
    05-29 04:03 PM
    Folks - here is the thing. lets work towards fixing our issues.

    If people feel USCIS must know about EB1 fraud or other stuff, there are enough people to write to them and if people want to write to USCIS - no one stops them from writing.

    As such, so many people write about different things - people write about eb2 - people write about consulting companies etc... So if you wish to do what you want to do you can do it.

    Remember - when you make a claim that someone is falsfying or breaking law you must present facts and explain properly as to why you think it is not right and why you think you are affected by this.

    Now when you do this - someone can definitely write why they think what YOU are doing is not right and why there are issues with your application.

    IV focuses on advocacy - together we resolve our issues. Things like employer not paying salary, employer benching, cheating etc... are things IV members must collectively deal with andhelp themselves.

    Things like wrongful denials when used AC21, poor customer service etc... are ones IV members can collectively resolve and IV helps

    Things like organizing grassroots efforts, job networking, help networks, lobbying etc... are the kind of things IV stands for.


    I completely agree with you.



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  • lotsofspace
    02-13 11:26 AM
    I understand that per country cap is painful for certain countries. But i think they want the employment based immigrant community to be as versatile as possible. I have never heard someone complaining about the DV program where certain countries are not allowed to participate. The reason behind is that they want people from all over the world not just from certain parts of the world.

    What part of "Diversity Visa" don't you understand ? The objective there was and is "DIVERSITY" and therefore it make sense (albeit a limited one).

    Why should there be a restriction based on COB for employment based visas ? Do you think the Govt can dictate companies to recruit only so many people from different demographies ? I guess not.

    Thank God there is no such restriction on H1.

    I know it sucks for guys from ROW to be treated on par with ICMP quartet. But is only fair to be treated equally at least in EB categories.

    As many have suggested before, this removal of quota in it self will not solve the immigration problem. But is is fair and equitable in my opinion. And the opinion generally is different based on what side of the fence you are on. Recapture and increase of the annual limit to a more reasonable number is the correct solution.

    Although it may be kind of wishful thinking from the ICMP quartet to get this per country limitation removed, I personally feel the odds of that happening or very low. So guys from ROW, please chill. You are probably alright. Removing the world hunger is the right thing , but that is not going to happen. Some people continue to eat mud cakes to kill the hunger (This is a true story. I read an article recently).


    Most problems in the past have been resolved by not improving/patching the current system/source but by paradigm and systematic shifts. The root of the problem at the conceptual level is the demand for these visas from these countries. If the India and China continue their current growth rate for the next decade, they probably don't need this many visas :) who knows :).
    But for now this is a problem for all of us who are struck in this nightmare.





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  • roseball
    01-13 04:43 PM
    Is this some thing needs to pass or in proposal or already effected since the date they published on the website?

    I have not ready the doc.

    This is neither a proposal nor a bill that needs to go through the process. Its a memo to the USCIS service centers providing clarity on whats an employer-employee relationship means for a H1 petition to be considered for approval. The memo claims there was no clarity on what constitutes a fair employer-employee relationship and provides guidance to the USCIS service centers to follow the memo in processing all H1 applications. So technically, I would assume it is effective on the date it was released.



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  • eastindia
    10-15 03:42 PM
    proengineer why did you create a new profile to post this?
    Why are you marketing a lawyer?





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  • unitednations
    02-13 03:34 PM
    I interpreted that as allowing a country to go over the overall 7% limit in the total EB categories.....Which conforms to what USCIS did in 2005....USCIS allowed much larger than 7% from India that year...and they were within law...( Of course that can be litigated against if someone raises an objection ......)

    So if my interpretation applies and after reform there are 290K total visas available then there is a decent chance of EB2/EB3 India China to at least come to 2005 PD levels if not current...


    If they changed the law to have 300,000 visas but there is 400,000 people going for greencard; then there would still be retrogression. The unused visas from ROW would not get allocated quarterly but in the fourth quarter.



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  • Macaca
    07-03 09:01 PM
    I will need everyone's input since I don't know all issues.
    Titles

    "Immigration scandal goes unnoticed" or "USCIS drama and tantrum to lessen workload" or "Is this legal?" or "Resignations due at USCIS" or "Foul Play synonym USCIS Play" or GOVT "AGENCIES SHORT CIRCUIT A MILLION HOPES" or "The US govt. does a number on High Skilled Immigrants" or "Legal immigrants and the prison of USCIS" or "Door slams shut for highly skilled LEGAL immigrants in the US" or "US closes the door for highly skilled LEGAL immigrants" or "US isolates highly skilled legal immigrants" or "Broken Legal immigration system harmful to US competitiveness" or "Legal Immigration system in shambles" or "Flip-Flop: DOS & USCIS in cahoots?" or "USCIS betrays thousands of hopeful"

    Retrogression in employment based (EB) legal permanent resident (= GC) process

    Skilled tax paying immigrants
    Adjustment of Status (AOS) is last stage in EB GC process

    AOS application requirements

    Application requires

    Medical

    increase in (hard to get) appointments across United States
    Some had to take MMR vaccine and hence postpone their plans to have kids by 3-6 months as recommended by NIH. (newbee7)

    Birth certificate

    request for documentation in country of origin


    Requires applicant and dependents (spouse + children) to be in country.

    Some applicants and/or dependents had to fly in to be able to apply. (chanduv23)

    2-3 days to prepare forms

    Applicants changed their schedules to submit forms

    Cost of applying

    Application Fee

    I-765 (Application for Employment Authorization) $180
    I-485 (Application for Adjustment of Status to register as Permanent Resident)
    ($225 for applicaiton below 14 and over 80 (Should check on this)) $ 325
    I-131 (Application for Advance Parole / Travel Document) $170 -
    Biometric Recording Fees (Finger Printing, etc) $70
    Total $745

    Lawyer Fee $1000+
    Others

    Medical $250+
    Pictures $30-40
    Postage $50
    Misc $50
    2 Days off Work
    Overseas travel to fill form


    Looks like only $380+ is lost per applicant.

    Need good estimate on #dependents!

    Benefits of AOS application

    provides Employment Authorization (EAD) that

    allows applicant to change employers 180 days after filing AOS, if the new job is the same as the one they based their positions/original GC applications on. This is very important for applicants, who are bound to a particular employer for 6+ years due to GC processing delays.
    allows spouse to get out of the house and contribute to American economy.
    eliminates the need for continually renewing temporary skilled visa

    A 21+ year old child can not be filed with primary applicant. However, once AOS is filed the child is "safe" regardless of how long USCIS takes to approve AOS. (My son turn 21 in mid-January 2008: darslee)
    provides Advanced Parole (AP) for travel without visa -> saves Embassy overhead
    application processing, which includes name checking that can take 1+ year, can be done while waiting for GC #.
    USCIS gets a better load estimate for load balancing.

    What happened

    Applicants started filling forms on June 13th
    Some applicants mailed forms on June 29th
    USCIS announced on July 2 that it will not accept forms recieved on or after July 2

    Why does it hurt

    Waiting in line for 6+ years due to previous GC processing delays
    Very little chance of legislative relief for a long time.
    Rejected June filers can not re-file.
    Some applicants did not file in June (due to prior engagements) because they had the option of filing in July.
    $'s lost on re-applying

    Lawyers who charged $1000+ for filing will not refund service fee and charge for additional processing
    Medical will not be valid after 1 year and photos will not be valid after 6 months.

    estimated expenses for at least 100,000 applicants is $6,000+ million in filing fees, medical examination expenses, incidental expenses such as travel, photocopying, phone calls, courier, etc., not including the 2-3 days of preparation time expended by each family as well as lost productivity experienced by applicants’ businesses due to absence from work
    Fees increasing 66% starting Aug 1 2007; should consider July applicants under old rate
    USCIS which is supported 90% by application fee should pay some attention to applicants
    Special cases

    I applied for H1B extension when my PD was current. Since my PD was current, I got 1 year extension. However, I could not apply for AOS. Now, I have to re-apply for H1B extension after 1 year. (??)
    I could not apply in July. I had planned overseas trip on July 8th. What happens if my date becomes current before I return? (andyny73)


    Individual trauma and stress

    Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. This update sets a terrible precedent, and undermines this nation’s efforts to foster legal and orderly immigration.
    Patience is not just a virtue but a way of life for millions of legal immigrants who have been living in US for 6+ years. Besides everyday stress of job, mortgage, health and education of their children, they live with the added suspense of their GC application. (from vasa)
    We are raising families here, our everyday life is no different from any other AMERICAN middle class family with same expectations and hopes. So it is not easy to presume that we can pull out or get out of this situation and return to our home countries. (from vasa)

    The biggest loss is trust: Can we trust and rely on visa bulletin to prepare AOS application?
    Applicants will always live in fear untill they receive receipt #

    USCIS history

    376, 345 GCs went unused from 1992-2006 mainly due to USCIS inefficiency
    According to page 35 of ombudsman report, This loss of visas is due to:

    gaps in USCIS’ accounting of cases;
    USCIS not processing enough pending applications in a timely manner; and
    the imprecise art of predicting workflows and demand surges at three federal agencies:

    Department of Labor (DOL) (approves labor certifications);
    USCIS (processes immigration petitions after completion of labor certifications and processes green card applications for applicants in the United States); and
    DOS (establishes priority dates and processes immigrant visas from applicants outside the United States).



    Comparison with Undocumented





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  • eb3_nepa
    10-23 11:34 AM
    Hello everyone.

    I was wondering if someone could point me to how exactly labor substitution works.

    Before anyone starts jumping down my throat, i am JUST looking for documentation on the full process and I DID try looking on the google.

    If someone has any article on labor substitution and how it works please post it on here.





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  • flygo
    10-04 02:27 PM
    I sent my application to Buffalo early Sep., however, have not received the receipt # yet. My friend told me it only took a couple of weeks for him to get his last year.

    Just wonder how long it is gonna take, thanks for any headsup!





    nrk
    09-15 04:50 PM
    I believe 10,000 number is from this calculation

    2005
    EB2 India LCA for 2005 = RIR (3000) + PERM (60% of 7290) ~ 7400
    Assuming 20% abandon applicant we get = 5900
    1.2 dependent per applicant give ~ 13000 I-485 applicantions
    Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 5% cross-charageability we get => pending 10000 pending I-485 application for 2005




    Hello Sachug 22,

    Where are you getting numbers for EB2 India for 2005 to be 10000, when total labor approved for 2005 were just 6133 (for all countries).

    Thanks,
    WeldonSprings.

    2004 2000
    2005 10000
    2006 13000
    2007(july) 5000





    paskal
    02-13 08:33 PM
    I don't think there is much I disagree with you. You are right about most things. Especiallly, that it is not an exact science. A lot depends upon how many applicants there are, and how many numbers are increased, and how much the country limits are increased by.

    I also don't think that the country limits will go away totally. They will probably just increase them. But you never know. Espeically, because at some point, they will go to the point system, and then who knows whats going to happen to us.

    Also, its not that I am concerned about what is GOOD JUST FOR ME. (BTW, its not just me, its about a third of IV) I am more worried about what is bad for me.


    i think it's pretty clear that increasing GC numbers is the first priority for iv. removing country limits would be a thin band aid of sorts if the GC numbers do not change. GC numbers have to increase, the rest comes after that.

    hence in my view this argument is moot.
    we need to come together and work on this, otherwise we all fail.