sri1309
03-30 03:09 PM
Number USA is ready to kill our bill. If we introduce at time nothing is going to happen . Even it may kill CIR and that is what Anti wants.. This guy is encouraging people to push for recapture which will die soon. Why he didnot update profile. Even if he is good member he should pledge 25 $.
Did you read undocumented guys are trying to push their cause and by putting legals aside, which the goverment seems to be hearing. What makes you feel we must wait.. Just because you cannot contribute anything except for yourself. .People waiting for close to 10 years are usually in a position to create value and they are tied to this backlogs. We know EB2 is going at some pace.. How much time do you think is needed for EB2 to be in bin, into the same state as EB3 is in, right now.
Did you read undocumented guys are trying to push their cause and by putting legals aside, which the goverment seems to be hearing. What makes you feel we must wait.. Just because you cannot contribute anything except for yourself. .People waiting for close to 10 years are usually in a position to create value and they are tied to this backlogs. We know EB2 is going at some pace.. How much time do you think is needed for EB2 to be in bin, into the same state as EB3 is in, right now.
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vkrishn
07-13 01:57 PM
I am current now (PD: Feb 16th,06) and last time when i was current in 2008 for a month i got an RFE. Even though the attorney replied to the RFE in 3 days, all my case status shows is RFE response received.
Ours is a big company and close 2000 people applied for 485 during the July 2007 fiasco and we were asked to send the G28 forms to the attorney by mail with no signature reqd. Apparently almost every got an RFE for that.
I wish i could get to know if RFE was all taken care of and my case is pending for a VISA number. Any way to know if thats the case gurus?
Ours is a big company and close 2000 people applied for 485 during the July 2007 fiasco and we were asked to send the G28 forms to the attorney by mail with no signature reqd. Apparently almost every got an RFE for that.
I wish i could get to know if RFE was all taken care of and my case is pending for a VISA number. Any way to know if thats the case gurus?
sriramkalyan
06-10 12:48 PM
May be we should do some thing dramatic. Like sending letter to Canadian Government, here we are 1000 skilled people with extensive experience and International degrees. Collectively we going to bring in $1 million or more. Can you expedite our Permanent residency!!
All US senators know that EB immigrants are going through Hell hole of USCIS. They are unable to do anything about it.
All US senators know that EB immigrants are going through Hell hole of USCIS. They are unable to do anything about it.
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SSSarkar
07-17 10:15 AM
Well done.
I sent an email to Roy Beck - Founder of NumbersUSA about the false information that they present via the fax. I am expecting some reply.
This is email that I sent..........
-------------------------------------------------------------------
Hi Roy,
I am Satish. I am one of many immigrant workers working in USA. Recently, I came across www.NumbersUSA.com website and their propaganda. I respect your service to this country and your steps towards propagating your agenda to the congress. However, when I came across the following fax content intended to faxed to the members of congress from www.Numbersusa.com, I was completely shocked to see the points mentioned in the webfax. Let me give my insight on this.
The fax content is as follows
Dear [This fax will go to Your U.S. Senators and U.S. Representative ]
I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.
Here are just a few reasons why I hope you will oppose the SKIL Act:
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.
Sincerely, [Your Name Will Appear Here]
My view on the above points.
1) This is true that foreign workers bring their families. However, I reject the word "guarantee" used in the later part of the sentence. Let me further elaborate on this. When a H1B worker first arrives on the American soil, the worker's spouse and children if any, are on H4 visa. For your information, these dependents of foreign workers are on H4 visa, which is a highly restrictive visa. This visa does not guarantee a social security to women and children. By social security, I mean lot more than just a social security number. In some states, this results in inability to even drive and be completely dependent. Some of H4 people that I know are highly skilled such as Phds, Doctors, MBAs, etc.
2) This is most shocking of all the points. I would love to know the source of this information. I am a H1B worker for last 4+ years. I have paid all my taxes including federal, state taxes, social security taxes, Medicare, FICA, etc. This is not voluntary deduction. All my employers were mandated to deduct just as any American citizen. I would love to debate this with you and NumbersUSA reps, because I have facts and documents to prove this. In fact, Most of H1Bs pay FICA tax, which we simply cannot get after retirement (in this case mostly 6 years on H1B). I would encourage you and NumbersUSA to contact reputed IRS expert to get more information on this. In case you don't get this information. I would be more than happy to meet you in NumbersUSA office along my documents. If some person or employer does not pay taxes being on H1B, that person is treated as tax fraudster, whom I am sure IRS handles very effectively.
3) This is also not true. In my case I had to post my labor on job bulletin board (place where I had to work) for atleast 2-3 weeks with my skills, designation and salary offered. In case if any US citizen interested in this posting, he had an open opportunity to contact my employer about his interest in the job. By the way, salaries of thousands of H1B workers are on par with that of US citizens. Given a chance, I am sure that I can prove that I am better in all aspects of IT programming than some of the best on U.S. citizens. This promotes competitiveness.
4) I would love to have actual source of this information. I know many US registered organizations that hire H1B foreign workers, who worked with fellow U.S citizens without any problems. As far as my knowledge is concerned, most of these employers are "Equal Opportunity Employers".
Roy, America is a unique country that is built on immigrants. This is probably one of the reason why America is amazing in providing civil liberties to all people irrespective of caste, color and race. Also, America has such an immense talent in every field, which makes it a leader in this competitive world.
I certainly welcome yours and NumbersUSA perspective on this email.
Both of us strive to make America more strong and competitive.
Thanks,
Satish
"It is the theory that decides what we can observe."
Albert Einstein
I sent an email to Roy Beck - Founder of NumbersUSA about the false information that they present via the fax. I am expecting some reply.
This is email that I sent..........
-------------------------------------------------------------------
Hi Roy,
I am Satish. I am one of many immigrant workers working in USA. Recently, I came across www.NumbersUSA.com website and their propaganda. I respect your service to this country and your steps towards propagating your agenda to the congress. However, when I came across the following fax content intended to faxed to the members of congress from www.Numbersusa.com, I was completely shocked to see the points mentioned in the webfax. Let me give my insight on this.
The fax content is as follows
Dear [This fax will go to Your U.S. Senators and U.S. Representative ]
I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.
Here are just a few reasons why I hope you will oppose the SKIL Act:
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.
Sincerely, [Your Name Will Appear Here]
My view on the above points.
1) This is true that foreign workers bring their families. However, I reject the word "guarantee" used in the later part of the sentence. Let me further elaborate on this. When a H1B worker first arrives on the American soil, the worker's spouse and children if any, are on H4 visa. For your information, these dependents of foreign workers are on H4 visa, which is a highly restrictive visa. This visa does not guarantee a social security to women and children. By social security, I mean lot more than just a social security number. In some states, this results in inability to even drive and be completely dependent. Some of H4 people that I know are highly skilled such as Phds, Doctors, MBAs, etc.
2) This is most shocking of all the points. I would love to know the source of this information. I am a H1B worker for last 4+ years. I have paid all my taxes including federal, state taxes, social security taxes, Medicare, FICA, etc. This is not voluntary deduction. All my employers were mandated to deduct just as any American citizen. I would love to debate this with you and NumbersUSA reps, because I have facts and documents to prove this. In fact, Most of H1Bs pay FICA tax, which we simply cannot get after retirement (in this case mostly 6 years on H1B). I would encourage you and NumbersUSA to contact reputed IRS expert to get more information on this. In case you don't get this information. I would be more than happy to meet you in NumbersUSA office along my documents. If some person or employer does not pay taxes being on H1B, that person is treated as tax fraudster, whom I am sure IRS handles very effectively.
3) This is also not true. In my case I had to post my labor on job bulletin board (place where I had to work) for atleast 2-3 weeks with my skills, designation and salary offered. In case if any US citizen interested in this posting, he had an open opportunity to contact my employer about his interest in the job. By the way, salaries of thousands of H1B workers are on par with that of US citizens. Given a chance, I am sure that I can prove that I am better in all aspects of IT programming than some of the best on U.S. citizens. This promotes competitiveness.
4) I would love to have actual source of this information. I know many US registered organizations that hire H1B foreign workers, who worked with fellow U.S citizens without any problems. As far as my knowledge is concerned, most of these employers are "Equal Opportunity Employers".
Roy, America is a unique country that is built on immigrants. This is probably one of the reason why America is amazing in providing civil liberties to all people irrespective of caste, color and race. Also, America has such an immense talent in every field, which makes it a leader in this competitive world.
I certainly welcome yours and NumbersUSA perspective on this email.
Both of us strive to make America more strong and competitive.
Thanks,
Satish
"It is the theory that decides what we can observe."
Albert Einstein
more...
mayhemt
09-10 08:06 AM
I get this question every day, what are the hopes for EB3-I, or rather are there any hopes for EB3-I? Are we fighting a lost battle?
What do people here really think?
1. There are X % chance that there would be some immigration bill that would help us and we will have GC in next couple of years?
2. Keep going on with life as is, till the time we can renew EAD every 2 years, and AP every year.
3. Wait for another X years, and then go back.
4. Hopefully my son/daughter will be 21 by 2020, and will sponsor my GC.
--- Hoping family based GC would still be allowed by then
5. Don't know, confused?
6. Look for entrepreneurial options & file in EB5. You get freedom from daily-job-rat-race and visa/GC hassles.
What do people here really think?
1. There are X % chance that there would be some immigration bill that would help us and we will have GC in next couple of years?
2. Keep going on with life as is, till the time we can renew EAD every 2 years, and AP every year.
3. Wait for another X years, and then go back.
4. Hopefully my son/daughter will be 21 by 2020, and will sponsor my GC.
--- Hoping family based GC would still be allowed by then
5. Don't know, confused?
6. Look for entrepreneurial options & file in EB5. You get freedom from daily-job-rat-race and visa/GC hassles.
rajuseattle
07-15 07:14 PM
Thakurji,
Until yesterday you were suggesting your employer asked you to do something which you didnt agree and that forced you to quit him.
today you are changing your version suggesting you are feeling sorry you quit him earlier...what had made this sudden transformation. Anyways thats personal thing between you and your ex-employer.
Anyways we are all happy for the Happy end of this story...that your ex-employer is willing to accept you as employee once he gets you GC and he is going to answer RFE.
I dont think you need any competant attorney now, your ex-employer's attorney should be able to answer the RFE.
cheer up...!!!
Until yesterday you were suggesting your employer asked you to do something which you didnt agree and that forced you to quit him.
today you are changing your version suggesting you are feeling sorry you quit him earlier...what had made this sudden transformation. Anyways thats personal thing between you and your ex-employer.
Anyways we are all happy for the Happy end of this story...that your ex-employer is willing to accept you as employee once he gets you GC and he is going to answer RFE.
I dont think you need any competant attorney now, your ex-employer's attorney should be able to answer the RFE.
cheer up...!!!
more...
dreamgc_real
07-02 09:21 AM
I think the new reference # for the Sanders Amendment is now
Senate Amendment 4439 to the American Jobs and Closing Tax Loopholes Act (H.R. 5297).. Correct??
People will be sending emails to senators with reference to the wrong amendment if this text is not corrected!!
Cannot find the change on the reference in thomas.gov
Sent the message to my senators
Senate Amendment 4439 to the American Jobs and Closing Tax Loopholes Act (H.R. 5297).. Correct??
People will be sending emails to senators with reference to the wrong amendment if this text is not corrected!!
Cannot find the change on the reference in thomas.gov
Sent the message to my senators
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gsc999
04-22 02:56 PM
Decipher and GSC999 have totally contradictory opinions . Not sure whom to believe here .:D . There seems to have been 2 sets of opinons here of the members who attended the rally.
---
I think you mean the conclusions we drew are different. Yes, as Congressman Gutierrez himself said yesterday. Some people, he was referring to Latinos who were opposing STRIVE, see STRIVE as glass half-empty. Others as half-full.
I will want to be in the latter category anyday.
The objective of the meeting was to show support for STRIVE, I think we acheived that. If your expectation was that there will only be IV members in the group and the congressman would focus exclusively on that issue. Sorry for the disappointment, welcome to politics. Lets learn from this.
Also, most members think that only anti-immigrants oppose STRIVE. That is not true. Undocumented immigrants also oppose STRIVE. When someone says ,"oh the whole thing was regarding undocumented," well yes but you have to go deeper. Within that group, there are people who oppose STRIVE.
---
I think you mean the conclusions we drew are different. Yes, as Congressman Gutierrez himself said yesterday. Some people, he was referring to Latinos who were opposing STRIVE, see STRIVE as glass half-empty. Others as half-full.
I will want to be in the latter category anyday.
The objective of the meeting was to show support for STRIVE, I think we acheived that. If your expectation was that there will only be IV members in the group and the congressman would focus exclusively on that issue. Sorry for the disappointment, welcome to politics. Lets learn from this.
Also, most members think that only anti-immigrants oppose STRIVE. That is not true. Undocumented immigrants also oppose STRIVE. When someone says ,"oh the whole thing was regarding undocumented," well yes but you have to go deeper. Within that group, there are people who oppose STRIVE.
more...
minimalist
09-10 03:08 PM
So there you have it - no vote on the bill today...
I don't get it guys - what's up with this country - is this really what it's come down? Give me your tired, your poor - but DEFINITELY don't give me your talented, your educated and your promising. Because really - what are we going to do with people who actually pay taxes, contribute to the community and help bring prosperity.
We would love to have just your best cotton-pickers...this is just a little disappointing - and yet I ask, what should we do now? We have 2 months to go - it's time to make a HUGE difference...
Is the bill tabled or something?
I don't get it guys - what's up with this country - is this really what it's come down? Give me your tired, your poor - but DEFINITELY don't give me your talented, your educated and your promising. Because really - what are we going to do with people who actually pay taxes, contribute to the community and help bring prosperity.
We would love to have just your best cotton-pickers...this is just a little disappointing - and yet I ask, what should we do now? We have 2 months to go - it's time to make a HUGE difference...
Is the bill tabled or something?
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swede
09-19 08:49 AM
All speeches and performances were great. I did not intend to leave anyone out. The song that was written for the occasion(!) was cool. Jay's speech was powerful. And everything else. It was all great. People who were not there really missed something. As someone said, "America is about fighting for your rights." and I was glad to see that so many decided to do that yesterday!
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reddymjm
08-10 01:51 PM
I am in for it.
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feedfront
09-23 12:14 PM
Hi All,
Employer A - original sponsoring employer. Got laidoff and joined B (large corporate). Before dates got current got offer from C and C applied for H1 transfer. Now received RFE on I-485 to provide EVL from current employer along with paystubs and W2.
My problem here is that I consulted Murthy and they are saying that I need to make a choice between my current employer B and my potential new employer C whom I have not started working yet but they have filed for H-1 transfer. If I respond to the RFE using my current employer information then it is more straightforward but then I will need to stay with them if I get my GC right away after responding to the RFE. But if I use my new employer's letter then I don't have paystubs to show until I join them which won't be until the H-1 transfer goes through and I go through one payroll cycle. But that will be too late to respond to the RFE.
If I don't join C then I need to pay for the H1 transfer that they filed and attorneys fees. At the same time I am also not happy with my current employers HR and attorney.
I would go for employer B, as my misery would be short. You are current and it's just few weeks (unless something goes wrong) + 6 months of misery working with current employer (max 9 months :cool: ) . You can work part time with C to cover up your H1B fees.
Employer A - original sponsoring employer. Got laidoff and joined B (large corporate). Before dates got current got offer from C and C applied for H1 transfer. Now received RFE on I-485 to provide EVL from current employer along with paystubs and W2.
My problem here is that I consulted Murthy and they are saying that I need to make a choice between my current employer B and my potential new employer C whom I have not started working yet but they have filed for H-1 transfer. If I respond to the RFE using my current employer information then it is more straightforward but then I will need to stay with them if I get my GC right away after responding to the RFE. But if I use my new employer's letter then I don't have paystubs to show until I join them which won't be until the H-1 transfer goes through and I go through one payroll cycle. But that will be too late to respond to the RFE.
If I don't join C then I need to pay for the H1 transfer that they filed and attorneys fees. At the same time I am also not happy with my current employers HR and attorney.
I would go for employer B, as my misery would be short. You are current and it's just few weeks (unless something goes wrong) + 6 months of misery working with current employer (max 9 months :cool: ) . You can work part time with C to cover up your H1B fees.
more...
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nixstor
07-04 08:56 PM
Excellent analysis but it does have flaws
The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.
We all understand this and what you are saying, But What is in law is more important than OB's recommendations. First of all the office of OB might not have recommended to pass on any name checks. It might have advised to some how expedite them. More over, I dont think that they take the annual report seriously. We know how many times DOS officials and USCIS officials testify before congress. Why don't they tell congress that in order to clear backlogs
a) They need FBI to expedite name checks (they might have testified about this)
b) They need to recapture visa numbers (AFAIK, they never did this because your case is not pending unless you filed for AOS/485. We are not a part of the back log)
Their biggest problem now is if all of us file for 485, we will continue to be the back log for ever on the back of USCIS for ages to come unless recapture occurs. What ever be the number 200K or 700K, they simply dont want it.
The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.
I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.
That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.
Understood, if they can clear 60K cases in 18 days, I doubt they will have any issues clearing them in 90 days. It goes back to the point of us becoming the biggest hump on USCIS
There is nothing wrong with DOS to make all categories “current” for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories “current” ie fresh guys entering into I-485 race. Because of “current” there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.
For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.
Therefore by making “current” for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.
There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as “current” in June 13 and second is modifying VB only on July 2.
I think we all agree that there was no need to make every category current given that we know how many will become eligible for 485 filing. How ever, The OB's office will be pretty pissed if they use him as the trump card. Also, I got the annual report from OB's office in email on Jun 12th 07. VB came out on 14th? What you are saying is USCIS has worked over night to analyze OB's report or they had access to OB's report 15-20 days ahead. Everything points to me that there was a lack of communication between the two agencies on an issue with huge stakes.
My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.
We need to do both as the success is not guaranteed in either situation. I do not know if AILF will win the law suit. On the other side, Senators like Kennedy who control immigration issues will not give a damn in the current situation. If the issue gets to a point where USCIS & DOS officials testify before congress, the root problem will be solved. If we just win the lawsuit and get in, USCIS is only going to sulk us for 10 years in the name of security check.In the end, We should be able to portray the whole situation as if USCIS has been put in a ugly predicament to utilize visa numbers under the arcane laws. Bashing DOS & USCIS left and right now is not of any use in the long run.
The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.
We all understand this and what you are saying, But What is in law is more important than OB's recommendations. First of all the office of OB might not have recommended to pass on any name checks. It might have advised to some how expedite them. More over, I dont think that they take the annual report seriously. We know how many times DOS officials and USCIS officials testify before congress. Why don't they tell congress that in order to clear backlogs
a) They need FBI to expedite name checks (they might have testified about this)
b) They need to recapture visa numbers (AFAIK, they never did this because your case is not pending unless you filed for AOS/485. We are not a part of the back log)
Their biggest problem now is if all of us file for 485, we will continue to be the back log for ever on the back of USCIS for ages to come unless recapture occurs. What ever be the number 200K or 700K, they simply dont want it.
The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.
I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.
That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.
Understood, if they can clear 60K cases in 18 days, I doubt they will have any issues clearing them in 90 days. It goes back to the point of us becoming the biggest hump on USCIS
There is nothing wrong with DOS to make all categories “current” for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories “current” ie fresh guys entering into I-485 race. Because of “current” there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.
For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.
Therefore by making “current” for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.
There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as “current” in June 13 and second is modifying VB only on July 2.
I think we all agree that there was no need to make every category current given that we know how many will become eligible for 485 filing. How ever, The OB's office will be pretty pissed if they use him as the trump card. Also, I got the annual report from OB's office in email on Jun 12th 07. VB came out on 14th? What you are saying is USCIS has worked over night to analyze OB's report or they had access to OB's report 15-20 days ahead. Everything points to me that there was a lack of communication between the two agencies on an issue with huge stakes.
My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.
We need to do both as the success is not guaranteed in either situation. I do not know if AILF will win the law suit. On the other side, Senators like Kennedy who control immigration issues will not give a damn in the current situation. If the issue gets to a point where USCIS & DOS officials testify before congress, the root problem will be solved. If we just win the lawsuit and get in, USCIS is only going to sulk us for 10 years in the name of security check.In the end, We should be able to portray the whole situation as if USCIS has been put in a ugly predicament to utilize visa numbers under the arcane laws. Bashing DOS & USCIS left and right now is not of any use in the long run.
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desi3933
02-03 01:04 PM
desi3933,
Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.
....
....
Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?
Thank you.
Like I said before, W2 should be good enough. If you get employment letter for that period, that will be better.
Typically LCAs are not needed, unless asked to prove H1-B status for job location and other related issues.
____________________
Not a legal advice.
US Citizen of Indian Origin
Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.
....
....
Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?
Thank you.
Like I said before, W2 should be good enough. If you get employment letter for that period, that will be better.
Typically LCAs are not needed, unless asked to prove H1-B status for job location and other related issues.
____________________
Not a legal advice.
US Citizen of Indian Origin
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saketkapur
11-11 02:12 PM
Compete America Congratulates President-Elect Obama
Last update: 4:31 p.m. EST Nov. 5, 2008
WASHINGTON, Nov 05, 2008 /PRNewswire-USNewswire via COMTEX/ -- Business and University Leaders Express Optimism that New Administration will Support Much-Needed Reform to Visa Programs for Highly Educated Employees
Compete America today congratulated President-elect Barack Obama for his victory in yesterday's elections. Compete America, a coalition of corporations, educators, research institutions and trade associations advocating for the reform of out-dated visa policies for highly educated foreign professionals, did not, and does not endorse candidates at any level.
"We are optimistic that the President-elect and his team understand the critical importance of highly educated foreign professionals to economic growth and job creation. Investing in innovation is one of the most effective ways we can stimulate our economy," said Robert Hoffman, Vice President for Government and Public Affairs at Oracle and Co-Chair of Compete America. "History has shown that top talent living and working in America is a boon to our economy and a proven job creator for quality American jobs."
Hoffman continued by saying that Compete America was also encouraged that President-elect Obama recognizes the importance of investment in research and supports improving education for science, technology, engineering and math (STEM). Basic research investments and improved STEM education are two critical components of continued U.S. innovation leadership.
Hoffman noted that during the campaign, the Obama-Biden policy paper on Science and Innovation stated the following:
Barack Obama supports comprehensive immigration reform that improves our visa programs to attract some of the world's most talented people to America, including improvements in our legal permanent resident visa programs and temporary programs such as the H-1B program. Obama will:
Reduce the backlog of skilled immigrants waiting to become permanentresidents by increasing the number of employment-based visas.
Create a "fast track" system that allows foreign students thatreceive advanced technical degrees from U.S. universities to receive an employment-based visa without having to return to their home country.
Balance visa and export control policies against the possibility that they deter international scientific exchange or send a message to international students, scholars, scientists, and engineers that theyare not welcome in the United States.
Work to ensure immigrant workers are less dependent on their employers for their right to stay in the country and hold accountable employers who abuse the system and their workers.
For more information on how highly educated immigration benefits America, please visit http://www.competeamerica.org.
Compete America ( http://www.competeamerica.org) is a coalition of corporations, educators, research institutions and trade associations concerned about legal, employment-based immigration and committed to ensuring that the United States has the highly educated workforce necessary to ensure continued innovation, job creation and leadership in a worldwide economy.
Last update: 4:31 p.m. EST Nov. 5, 2008
WASHINGTON, Nov 05, 2008 /PRNewswire-USNewswire via COMTEX/ -- Business and University Leaders Express Optimism that New Administration will Support Much-Needed Reform to Visa Programs for Highly Educated Employees
Compete America today congratulated President-elect Barack Obama for his victory in yesterday's elections. Compete America, a coalition of corporations, educators, research institutions and trade associations advocating for the reform of out-dated visa policies for highly educated foreign professionals, did not, and does not endorse candidates at any level.
"We are optimistic that the President-elect and his team understand the critical importance of highly educated foreign professionals to economic growth and job creation. Investing in innovation is one of the most effective ways we can stimulate our economy," said Robert Hoffman, Vice President for Government and Public Affairs at Oracle and Co-Chair of Compete America. "History has shown that top talent living and working in America is a boon to our economy and a proven job creator for quality American jobs."
Hoffman continued by saying that Compete America was also encouraged that President-elect Obama recognizes the importance of investment in research and supports improving education for science, technology, engineering and math (STEM). Basic research investments and improved STEM education are two critical components of continued U.S. innovation leadership.
Hoffman noted that during the campaign, the Obama-Biden policy paper on Science and Innovation stated the following:
Barack Obama supports comprehensive immigration reform that improves our visa programs to attract some of the world's most talented people to America, including improvements in our legal permanent resident visa programs and temporary programs such as the H-1B program. Obama will:
Reduce the backlog of skilled immigrants waiting to become permanentresidents by increasing the number of employment-based visas.
Create a "fast track" system that allows foreign students thatreceive advanced technical degrees from U.S. universities to receive an employment-based visa without having to return to their home country.
Balance visa and export control policies against the possibility that they deter international scientific exchange or send a message to international students, scholars, scientists, and engineers that theyare not welcome in the United States.
Work to ensure immigrant workers are less dependent on their employers for their right to stay in the country and hold accountable employers who abuse the system and their workers.
For more information on how highly educated immigration benefits America, please visit http://www.competeamerica.org.
Compete America ( http://www.competeamerica.org) is a coalition of corporations, educators, research institutions and trade associations concerned about legal, employment-based immigration and committed to ensuring that the United States has the highly educated workforce necessary to ensure continued innovation, job creation and leadership in a worldwide economy.
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BlueSunD
02-16 05:56 PM
count me in too! :) Just started today, but i'll see if I post some wip screens.
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unseenguy
02-13 08:13 PM
This is ridiculous; no one asked you to come to this country.
Nor are you entitled to anything besides what they chose to bestow.
Remember that.
Ridiculous - Did anyone ask Jews not to come to Europe? Did anyone tell you ever to file a green card?
Nor are you entitled to anything besides what they chose to bestow.
Remember that.
Ridiculous - Did anyone ask Jews not to come to Europe? Did anyone tell you ever to file a green card?
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ramus
07-05 02:02 PM
Can we please stop this discussion and follow some action items...
Lets stop this now...
Thanks...
Lets stop this now...
Thanks...
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jayZinDC
05-28 03:41 PM
I used AC21 twice. Both times I informed USCIS, EVL contained exact job description but different title. Did not have any AC21 related RFE and today got 'CP ordered email'. :) good luck to all!
Hope this helps...
Did you send the EVL to USCIS yourself or did your lawyer take care of it? Is there are specific process, document format to follow? Congrats one and all who got approved seems to be a lot of progress in the Eb-2 arena. I heard of 15 approvals of EB-2 PD03 (Jan-Apr) in my company itsef
Hope this helps...
Did you send the EVL to USCIS yourself or did your lawyer take care of it? Is there are specific process, document format to follow? Congrats one and all who got approved seems to be a lot of progress in the Eb-2 arena. I heard of 15 approvals of EB-2 PD03 (Jan-Apr) in my company itsef
javadeveloper
05-15 10:11 AM
jD, I dont think desi unversities went online yet..but if you are here, why dont you think of doing an American or European MBA? ;)
all the schools I mentioned above went online
Reasons for exploring
1.Cheaper(for SCDL fee is $1600 for 2 years)
2.They are reasonably recognized at least in India , As I have intentions to settle in india
3.Easy to get admission(at least in SCDL)
all the schools I mentioned above went online
Reasons for exploring
1.Cheaper(for SCDL fee is $1600 for 2 years)
2.They are reasonably recognized at least in India , As I have intentions to settle in india
3.Easy to get admission(at least in SCDL)
GCHPLC
10-31 03:14 PM
It is EB3 India vote, is it right? I can't place my vote if I am from another country...
