Jimi_Hendrix
10-04 04:30 PM
my post carefully, you would notice that I used the words 'might be'.
Cheers,
Jimi
Cheers,
Jimi
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nonimmi
06-28 12:31 PM
"expecting retrogresson ....in first wk of July... " ??
I thought logiclife already clarified that can not and will not happen!!
I thought logiclife already clarified that can not and will not happen!!
senthil1
06-11 10:50 PM
There were many compelling reasons for recapture bill on 1999-2000. Top 3 reasons were
1. Demand was very high and in some areas only less than 2 persons were available for 4 positions.
2. Outsourcing was very low. There is no other way than importing foreigners. Now even if demand increases many positions are going for outsourcing.
3.There were no AC21. So many people started leaving country after completion of 6 years H1b causing huge problems to companies and country.Companies could get recapture and AC21. Now atleast 80% of the H1b persons are willing to stay even 15 years without green card using ac21.
Now only green card aspirants are suffering due to deley in green card not the companies or country. But country and companies are using the H1b persons by just showing green card carrot but actually not giving it.
Dilip Dude,
As said before by unseenguy, your case is just plain LUCK, if there was no bill during 1999-2000 to recapture and increase GC quota, you would have been still struck in BEC counting days for GC,forget Citizenship. Just because you are over qualified(or under!) than others does not make you special or get you GC faster, you just had some good KARMA, thats it...
Anyways, your attitude of blaming others(h1/l1 etc.) for decrease in your quality of life is just plain STUPID and shows your maturity.
I wish you are not in a managerial position, I have seen many Desi managers like you who give hard time to fellow Desi folks working under them thinking they rule the world and they are the only qualified one who knows all.
My advice is wish good for others not bad, this will get you more good karma and maybe get your citizenship faster.. :-)
1. Demand was very high and in some areas only less than 2 persons were available for 4 positions.
2. Outsourcing was very low. There is no other way than importing foreigners. Now even if demand increases many positions are going for outsourcing.
3.There were no AC21. So many people started leaving country after completion of 6 years H1b causing huge problems to companies and country.Companies could get recapture and AC21. Now atleast 80% of the H1b persons are willing to stay even 15 years without green card using ac21.
Now only green card aspirants are suffering due to deley in green card not the companies or country. But country and companies are using the H1b persons by just showing green card carrot but actually not giving it.
Dilip Dude,
As said before by unseenguy, your case is just plain LUCK, if there was no bill during 1999-2000 to recapture and increase GC quota, you would have been still struck in BEC counting days for GC,forget Citizenship. Just because you are over qualified(or under!) than others does not make you special or get you GC faster, you just had some good KARMA, thats it...
Anyways, your attitude of blaming others(h1/l1 etc.) for decrease in your quality of life is just plain STUPID and shows your maturity.
I wish you are not in a managerial position, I have seen many Desi managers like you who give hard time to fellow Desi folks working under them thinking they rule the world and they are the only qualified one who knows all.
My advice is wish good for others not bad, this will get you more good karma and maybe get your citizenship faster.. :-)
2011 Justin Bieber My World
Jerrome
09-15 12:13 PM
This is the monthwise total for Only PERM for India for year 2005 and 2006.
Month EB (INDIA) # Approved
Jan,05 0
Feb,05 0
Mar,05 1
Apr,05 24
May,05 133
June,05 535
July,05 794
Aug,05 1313
Sep,05 1316
Oct,05 1212
Nov,05 1541
Dec,05 1771
Jan,06 1788
Feb,06 1729
Mar,06 2224
Apr,06 1635
May,06 1876
June,06 1902
July,06 1574
Aug,06 1317
Sep,06 963
PERM 2005 (All EB2+EB3) for India is 8640
PERM upto Sep 2006 (2+3) for india is 15008
So the movement depends on the spillover to EB2 india. I assume if it is in the range of 15 to 20K then it will move upto mid of 2006 by end of 2010 for sure.
If the spill over is in the range > 20K to EB2 india then it will go to September 2006.
Year, TOT_LBRS, Certified, LBR_INDIA PD_>_10/1/2001
2000 074048 70204 ????? 0
2001 082139 77921 ????? 0
2002 089168 79784 ????? 7873
2003 095299 62912 ????? 25956
2004 098866 43582 ????? 26569
2005 014253 06133 01350 6133
2006 105960 79782 22298 79782
2007 098753 85112 24573 85112
2008 061997 21092 07198 21092
Total 720483 526522 55419 252517
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html
In 2005 there are a total of 01350 labors certified only for India.
In 2006 there are a total of 22298 labors certified only for India.
The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.
Month EB (INDIA) # Approved
Jan,05 0
Feb,05 0
Mar,05 1
Apr,05 24
May,05 133
June,05 535
July,05 794
Aug,05 1313
Sep,05 1316
Oct,05 1212
Nov,05 1541
Dec,05 1771
Jan,06 1788
Feb,06 1729
Mar,06 2224
Apr,06 1635
May,06 1876
June,06 1902
July,06 1574
Aug,06 1317
Sep,06 963
PERM 2005 (All EB2+EB3) for India is 8640
PERM upto Sep 2006 (2+3) for india is 15008
So the movement depends on the spillover to EB2 india. I assume if it is in the range of 15 to 20K then it will move upto mid of 2006 by end of 2010 for sure.
If the spill over is in the range > 20K to EB2 india then it will go to September 2006.
Year, TOT_LBRS, Certified, LBR_INDIA PD_>_10/1/2001
2000 074048 70204 ????? 0
2001 082139 77921 ????? 0
2002 089168 79784 ????? 7873
2003 095299 62912 ????? 25956
2004 098866 43582 ????? 26569
2005 014253 06133 01350 6133
2006 105960 79782 22298 79782
2007 098753 85112 24573 85112
2008 061997 21092 07198 21092
Total 720483 526522 55419 252517
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html
In 2005 there are a total of 01350 labors certified only for India.
In 2006 there are a total of 22298 labors certified only for India.
The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.
more...
immigrant2007
08-19 02:44 AM
Wrong guess, what all can i say?
johnmcdonald98
03-26 06:47 PM
And does this mean that this law will definitely change, or is it still possible that vested interests may still keep substition alive?
I want to know this too... What's the rough estimate, how long will it take before this will be come LAW?
thanks,
I want to know this too... What's the rough estimate, how long will it take before this will be come LAW?
thanks,
more...
sumagiri
09-28 11:04 AM
I don't think in any year EB2ROW has got 40K GC in the past, even when the economy was in good shape.
Does anyone has links for the annual GC issuance per country/per category for 2008. I missed the link.
The worst case scenario would be 20,000 max. That means EB2(I) will move to Mid or3 rd quarter of 2006 by end of 2010.
Sachug22, that is very good info. Thanks for posting this and giving you green.
A minor correction though.
I read some where that the avg PERM time is now 9 months. Also, we know that the average time for GC processing (getting receipts, appointment for finger prints, name check etc) is about 3 months. And then sure there is time lag for any one between PERM and I-140/I-485. So we should exclude the PERMS filed in last quarter because by the time, those are eligible for AOS adjudication, most probably they fall in to yr 2011.
Does anyone has links for the annual GC issuance per country/per category for 2008. I missed the link.
The worst case scenario would be 20,000 max. That means EB2(I) will move to Mid or3 rd quarter of 2006 by end of 2010.
Sachug22, that is very good info. Thanks for posting this and giving you green.
A minor correction though.
I read some where that the avg PERM time is now 9 months. Also, we know that the average time for GC processing (getting receipts, appointment for finger prints, name check etc) is about 3 months. And then sure there is time lag for any one between PERM and I-140/I-485. So we should exclude the PERMS filed in last quarter because by the time, those are eligible for AOS adjudication, most probably they fall in to yr 2011.
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badluck
06-28 12:50 PM
it is fine to fedex on saturday or not..Please let me know. I have to call my lawyer.
more...
nogc_noproblem
07-23 12:43 PM
Correct, unlike in the past, USICS do have some constructive numbers with them now.
I am very very skeptical about the claim that USCIS moved the dates to June 2006 in a random fashion. They could have moved it to Dec 2005, but they moved it to June 2006 because they have the ACTUAL GC numbers (unlike us:)) and they have an estimate of how many could be adjudicated.
Wishful thinking? May be. But everything points to above.
I am very very skeptical about the claim that USCIS moved the dates to June 2006 in a random fashion. They could have moved it to Dec 2005, but they moved it to June 2006 because they have the ACTUAL GC numbers (unlike us:)) and they have an estimate of how many could be adjudicated.
Wishful thinking? May be. But everything points to above.
hair Justin Bieber performs
polapragada
09-24 12:31 AM
Matt_Kelly@Specter.senate.gov ID is bouncing
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kumar1
07-10 10:34 PM
I forgot to mention something - If you have worked here for 7-8 years, do not go home till you complete 10 years and accumulate 40 points in Social Security System. Once you have 40 points accumulated, you are entitled to get your money after the age of 65. I have spent 7 years and I have 28 points in the system. May be that's why H1-B was only given 6 years, you pay Social Security, Medicare and get nothing but a thank you from both the systems. I will make sure that I get 40 points and then only I will make a move. And yes, whether you are Indian/Pakistani/Polish.......does not matter, you accumulate 40 points, you will get the benifit. If you do not believe me, go to http://www.ssa.gov/immigration/
Guys, let me know if you feel otherwise.
Guys, let me know if you feel otherwise.
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punjabi
07-31 12:23 AM
Remember? In I-485 form, we have to fill Yes/No answers for questions like - have you ever been convicted of a high crime, did you ever involve yourself as a prostitute, etc. etc.
Very soon, USCIS will issue an updated I-485 with added questions like:
a) Have you ever been involved with Quixstar or Amway?
b) If yes, did you ever get successful in rubbing Quixstar shit on other desi(s) whose I-485s are pending with us?
c) Did you ever get f****ed up by your Up-line members?
d) If yes, please provide a notarized documentation on it otherwise you'll see an RFE from us.
e) Do you feel the urge to ask directions from innocent-looking-desi(s) in malls when your wife is accompanying you as well?
f) If yes, beware - she might be explaining the Pyramid Scheme in detail to your guy in your absence. (Some of our 485 applicants are really good, no matter how many detours they need to take in order to reach the top of a pyramid. You might be inviting The One into your life in Walmart Aisle # 17. And "your application" will remain pending forever from there on.)
Very soon, USCIS will issue an updated I-485 with added questions like:
a) Have you ever been involved with Quixstar or Amway?
b) If yes, did you ever get successful in rubbing Quixstar shit on other desi(s) whose I-485s are pending with us?
c) Did you ever get f****ed up by your Up-line members?
d) If yes, please provide a notarized documentation on it otherwise you'll see an RFE from us.
e) Do you feel the urge to ask directions from innocent-looking-desi(s) in malls when your wife is accompanying you as well?
f) If yes, beware - she might be explaining the Pyramid Scheme in detail to your guy in your absence. (Some of our 485 applicants are really good, no matter how many detours they need to take in order to reach the top of a pyramid. You might be inviting The One into your life in Walmart Aisle # 17. And "your application" will remain pending forever from there on.)
more...
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vdlrao
07-18 08:19 PM
this is not correct. ROW continues to get preference.
what has changed is that for a while USCIS chose to interpret the law in a way that gave EB2 GC numbers (the law mandated 28.6%) to EB3 ROW rather than spill them over the EB2 I/C. now they have corrected that and EB2 numbers (which include any spillover from EB1) are first used in EB2 ie category numbers are given priority.
so the bonus advantage that EB3 ROW got for 1-2 years has been withdrawn. however with EB3 retrogressed and with EB2 I/C retrogressed, EB3 ROW continues to get all EB3 numbers except the 7% each for the retrogressed nation states.
i would also like to know where the 20K number is coming from if anyone has a source please share it.
Hi Paskal,
We dont have any official source of available visas for EB2 India as of now.
But based on the information availale it seems there would be about 30k visas, which are about 10 times more than what its been now (3,267 VISAS for EB2 India), available for EB2 India. Even though China shares with us for these visas, it would be minimal for china sharing as because china had already a cutoff date of Jan 2006 by Jul 2007. EB2 India has to be current pretty soon as of the increase in visa numbers allotment to almost about 10 times due to the horizontal fallout.
We need your inputs as well, on this calculation of estimated visas for EB2 India.
.................................................. ...
Originally Posted by sumagiri :
There are some significant flaws in your analysis. If you correct them, the number comes to around 25K.
First. The family spill over has to be applied to all categories. So the total number is 140,000 + 19,000.
Second. You calculated EB1/2/3 gets 1/3 which is not correct. They use only 28.6% not 33.3% This makes difference.
Third. The EB1+EB2 combined 70K already counted 9,800 visas for India. We should not add them again.
According to USCIS/DOS testimonies they will usually end up using only 95% of total quota. They go conservatively because they must ensure that they won't use up even a single visa more than what law allows.So total available is approximately 159000*.95 = 151050
Third. EB1, EB2, EB3 each will get 28.6%. Not one third (33.3%). That makes lot of difference. So each category will get around 43,200.
EB4 and EB5 combined will get around 21,449
Now again, going by statistics and your assumptions that EB1 and EB2 takes up 70K and EB4, EB5 takes up around 10K. The unused visas are
((43,200*2)+21,449) - (70,000+10000) = 27849.
So the total EB2 visa usage will be around 70K + 25K =95K.
http://immigrationvoice.org/forum/showthread.php?t=20167&highlight=vdlrao&page=7
what has changed is that for a while USCIS chose to interpret the law in a way that gave EB2 GC numbers (the law mandated 28.6%) to EB3 ROW rather than spill them over the EB2 I/C. now they have corrected that and EB2 numbers (which include any spillover from EB1) are first used in EB2 ie category numbers are given priority.
so the bonus advantage that EB3 ROW got for 1-2 years has been withdrawn. however with EB3 retrogressed and with EB2 I/C retrogressed, EB3 ROW continues to get all EB3 numbers except the 7% each for the retrogressed nation states.
i would also like to know where the 20K number is coming from if anyone has a source please share it.
Hi Paskal,
We dont have any official source of available visas for EB2 India as of now.
But based on the information availale it seems there would be about 30k visas, which are about 10 times more than what its been now (3,267 VISAS for EB2 India), available for EB2 India. Even though China shares with us for these visas, it would be minimal for china sharing as because china had already a cutoff date of Jan 2006 by Jul 2007. EB2 India has to be current pretty soon as of the increase in visa numbers allotment to almost about 10 times due to the horizontal fallout.
We need your inputs as well, on this calculation of estimated visas for EB2 India.
.................................................. ...
Originally Posted by sumagiri :
There are some significant flaws in your analysis. If you correct them, the number comes to around 25K.
First. The family spill over has to be applied to all categories. So the total number is 140,000 + 19,000.
Second. You calculated EB1/2/3 gets 1/3 which is not correct. They use only 28.6% not 33.3% This makes difference.
Third. The EB1+EB2 combined 70K already counted 9,800 visas for India. We should not add them again.
According to USCIS/DOS testimonies they will usually end up using only 95% of total quota. They go conservatively because they must ensure that they won't use up even a single visa more than what law allows.So total available is approximately 159000*.95 = 151050
Third. EB1, EB2, EB3 each will get 28.6%. Not one third (33.3%). That makes lot of difference. So each category will get around 43,200.
EB4 and EB5 combined will get around 21,449
Now again, going by statistics and your assumptions that EB1 and EB2 takes up 70K and EB4, EB5 takes up around 10K. The unused visas are
((43,200*2)+21,449) - (70,000+10000) = 27849.
So the total EB2 visa usage will be around 70K + 25K =95K.
http://immigrationvoice.org/forum/showthread.php?t=20167&highlight=vdlrao&page=7
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dilipcr
06-16 01:50 PM
Easy for you to say when you are applying for your citizenship. You sir, are an idiot. And if you were really on H1 for as long as you claim, you are a mean idiot, no less.
Retrogression is a scar on the face of EB immigration.
Thats the reason every immigration bill so far related to EB has tried to resolve this issue. Anyone who says retrogression is good is either misinformed or a pychopathic specimen that needs instant mental evaluation, followed by treatment and observation in an asylum. The observation should continue for as long as it takes a typical EB3-India case to get approved. To paraphrase your quote: "The truly cured would still be observed until their turn for release comes"
Why do you have to resort to calling names ? Are ad hominem arguments the best you could come up with ? Let me give you an analogous case wherein people say that a recession is a good thing. Recession occurs in order to cleanse the economy of bohemian excesses and inefficiencies. Do you think that such people are sadists and belong to the mental asylum ? Of course there are people who get affected in a recession. Does it mean it is not desired ? In a similar vein, you need to understand that there were and are huge gaping inefficiencies in the current immigration process. There has to be a way to curb these excesses and inefficiencies. Retrogression may not be the best way but it is the only way utilized right now. If you still believe that I have to subscribe to these inefficiencies despite having gone through the immigration process, I am sorry I beg to differ.
Retrogression is a scar on the face of EB immigration.
Thats the reason every immigration bill so far related to EB has tried to resolve this issue. Anyone who says retrogression is good is either misinformed or a pychopathic specimen that needs instant mental evaluation, followed by treatment and observation in an asylum. The observation should continue for as long as it takes a typical EB3-India case to get approved. To paraphrase your quote: "The truly cured would still be observed until their turn for release comes"
Why do you have to resort to calling names ? Are ad hominem arguments the best you could come up with ? Let me give you an analogous case wherein people say that a recession is a good thing. Recession occurs in order to cleanse the economy of bohemian excesses and inefficiencies. Do you think that such people are sadists and belong to the mental asylum ? Of course there are people who get affected in a recession. Does it mean it is not desired ? In a similar vein, you need to understand that there were and are huge gaping inefficiencies in the current immigration process. There has to be a way to curb these excesses and inefficiencies. Retrogression may not be the best way but it is the only way utilized right now. If you still believe that I have to subscribe to these inefficiencies despite having gone through the immigration process, I am sorry I beg to differ.
more...
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JazzByTheBay
07-03 07:05 PM
Posting here as asked by Pappu:
------
Hi Jessie,
I am contacting you today regarding the recent chain of events concerning employment-based immigrants.
I am positive you are aware of the recent debacle skilled professionals waiting for years in the immigration backlog have sufferred thanks to the Dept of State and the USCIS.
Some Facts:
- On June 13, DoS announced the July Visa Bulletin which made visa numbers available for all categories of employment-based immigrant visas, for all countries of chargeability. The July Visa Bulletin made all categories for all countries "CURRENT", giving a ray of hope to skilled professionals waiting in line for years to get a green card.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2ftravel.state.gov%2fvis a%2ffrvi%2fbulletin%2fbulletin_3258.html)
- Faced with this news, applicants and their families spent significant time and resources to put together the required documentation in a very short time, in many cases procuring important documents from their home countries and getting them couriered at considerable expense; and having family members like spouses and children fly in to the U.S. to be able to apply for a green card. Thousands of dollars were spent on this, and on the required medical checkups, and in many cases lawyers' fees, in order to submit the applications for the final stage of green card - Adjustment of Status (AOS), by filing Form I-485 by end of June so it reaches USCIS by July 2.
- Once a Visa Bulletin for the next month is announced, USCIS accepts all applications to adjust status that are received in that month. They may not have enough visa numbers for all applications received, and as such are not bound to actually issue green cards to all applicants in the month. However, applicants and their family members can receive interim benefits after filing e.g.:
1. Employment Authorization (EAD): This is particularly important for spouses, who are often unable to work because they are on H4 visas, and do not belong to specialized occupations that would entitle them to get an H1B visa.
2. Advanced Parole: Allowing applicants to travel freely.
3. Portability: Allows applicants to change employers 180 days after filing AOS, if the new job is the same as the one they based their positions/original green card applications on. This is very important for most professionals, who are bound to a particular employer for years during the green card processing, marred by its delays and complexity.
- Early on July 2, the first day when USCIS started receiving applications for AOS, the Dept of State announced an updated Visa Bulletin, stating that USCIS has issued extraordinary number of immigrant visas (60,000) for employment-based immigrants (between the July 2007 Visa Bulletin announcement on June 13 and end of June = June 29), thus running out of any available visa numbers for the rest of the year!
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2ftravel.state.gov%2fvis a%2ffrvi%2fbulletin%2fbulletin_3263.html)
- Following that, displaying amazing coordination, USCIS posted an update on its web site stating any AOS applications receivedi n the month of July will be rejected, effective immediately (July 2).
http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.uscis.gov%2ffiles% 2fpressrelease%2fVisaBulletin2Jul07.pdf)
In effect, this closed the available window for filing AOS applications - the entire month of July - even before it opened!
- The fact that a Visa Bulletin gets updated mid-month is unprecedented.
- The fact that the USCIS processed and adjudicated roughly the same number of AOS applications in about 15 days as they have done in the previous 10 months is both alarming and shocking!
- The American Immigrant Law Foundation is considering a class-action lawsuit agains USCIS/DoS.
- Immigration Voice (www.immigrationvoice.org (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.immigrationvoice.o rg%2f)), an organization of skilled professionals/documented immigrants is considering the same.
- Here's a Press Release from ImmigrationVoice.org:
http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.prlog.org%2f100226 48-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html)
- Also of interest, the following blog post by immigration lawyer Greg Siskind:
Full-Blown Scandal
http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fblogs.ilw.com%2fgregsi skind%2f2007%2f07%2ffull-blown-scan.html)
- Congresswoman Zoe Lofgren has issued a statement against this move, and written to both USCIS and DoS:
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808 (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2flofgren.house.gov%2fPR Article.aspx%3fNewsID%3d1808)
- Following link is from Forbes, a wire story by AP that got picked up by many media outlets in the last 24 hours:
Legal Workers Lose Chance at Green Cards
http://www.forbes.com/feeds/ap/2007/07/02/ap3879453.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.forbes.com%2ffeeds %2fap%2f2007%2f07%2f02%2fap3879453.html)
Hoping you will be able to highlight the plight of tens of thousands of such folks who got their single glimmer of hope taken away from them in a flash, before it even became available. (Ironically, all this happened whilst in the background lawmakers were considering legalizing 12-20 million undocumented immigrants.)
Thanks,
------
Hi Jessie,
I am contacting you today regarding the recent chain of events concerning employment-based immigrants.
I am positive you are aware of the recent debacle skilled professionals waiting for years in the immigration backlog have sufferred thanks to the Dept of State and the USCIS.
Some Facts:
- On June 13, DoS announced the July Visa Bulletin which made visa numbers available for all categories of employment-based immigrant visas, for all countries of chargeability. The July Visa Bulletin made all categories for all countries "CURRENT", giving a ray of hope to skilled professionals waiting in line for years to get a green card.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2ftravel.state.gov%2fvis a%2ffrvi%2fbulletin%2fbulletin_3258.html)
- Faced with this news, applicants and their families spent significant time and resources to put together the required documentation in a very short time, in many cases procuring important documents from their home countries and getting them couriered at considerable expense; and having family members like spouses and children fly in to the U.S. to be able to apply for a green card. Thousands of dollars were spent on this, and on the required medical checkups, and in many cases lawyers' fees, in order to submit the applications for the final stage of green card - Adjustment of Status (AOS), by filing Form I-485 by end of June so it reaches USCIS by July 2.
- Once a Visa Bulletin for the next month is announced, USCIS accepts all applications to adjust status that are received in that month. They may not have enough visa numbers for all applications received, and as such are not bound to actually issue green cards to all applicants in the month. However, applicants and their family members can receive interim benefits after filing e.g.:
1. Employment Authorization (EAD): This is particularly important for spouses, who are often unable to work because they are on H4 visas, and do not belong to specialized occupations that would entitle them to get an H1B visa.
2. Advanced Parole: Allowing applicants to travel freely.
3. Portability: Allows applicants to change employers 180 days after filing AOS, if the new job is the same as the one they based their positions/original green card applications on. This is very important for most professionals, who are bound to a particular employer for years during the green card processing, marred by its delays and complexity.
- Early on July 2, the first day when USCIS started receiving applications for AOS, the Dept of State announced an updated Visa Bulletin, stating that USCIS has issued extraordinary number of immigrant visas (60,000) for employment-based immigrants (between the July 2007 Visa Bulletin announcement on June 13 and end of June = June 29), thus running out of any available visa numbers for the rest of the year!
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2ftravel.state.gov%2fvis a%2ffrvi%2fbulletin%2fbulletin_3263.html)
- Following that, displaying amazing coordination, USCIS posted an update on its web site stating any AOS applications receivedi n the month of July will be rejected, effective immediately (July 2).
http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.uscis.gov%2ffiles% 2fpressrelease%2fVisaBulletin2Jul07.pdf)
In effect, this closed the available window for filing AOS applications - the entire month of July - even before it opened!
- The fact that a Visa Bulletin gets updated mid-month is unprecedented.
- The fact that the USCIS processed and adjudicated roughly the same number of AOS applications in about 15 days as they have done in the previous 10 months is both alarming and shocking!
- The American Immigrant Law Foundation is considering a class-action lawsuit agains USCIS/DoS.
- Immigration Voice (www.immigrationvoice.org (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.immigrationvoice.o rg%2f)), an organization of skilled professionals/documented immigrants is considering the same.
- Here's a Press Release from ImmigrationVoice.org:
http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.prlog.org%2f100226 48-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html)
- Also of interest, the following blog post by immigration lawyer Greg Siskind:
Full-Blown Scandal
http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fblogs.ilw.com%2fgregsi skind%2f2007%2f07%2ffull-blown-scan.html)
- Congresswoman Zoe Lofgren has issued a statement against this move, and written to both USCIS and DoS:
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808 (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2flofgren.house.gov%2fPR Article.aspx%3fNewsID%3d1808)
- Following link is from Forbes, a wire story by AP that got picked up by many media outlets in the last 24 hours:
Legal Workers Lose Chance at Green Cards
http://www.forbes.com/feeds/ap/2007/07/02/ap3879453.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.forbes.com%2ffeeds %2fap%2f2007%2f07%2f02%2fap3879453.html)
Hoping you will be able to highlight the plight of tens of thousands of such folks who got their single glimmer of hope taken away from them in a flash, before it even became available. (Ironically, all this happened whilst in the background lawmakers were considering legalizing 12-20 million undocumented immigrants.)
Thanks,
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hopefulgc
02-13 02:46 PM
Agreed ... lawsuits work. The links are very encouraging.
At the very least, we force them to respond & address the problem right away rather than just ignoring us like they have been doing all the time we have been lobbying.
In our case, the "outs" they have to make us go away are very convenient...
they would very likely agree to recapture.
Lawsuits do work. Apparently nobody checked the links I posted on page 1 so here are a few examples:
At the very least, we force them to respond & address the problem right away rather than just ignoring us like they have been doing all the time we have been lobbying.
In our case, the "outs" they have to make us go away are very convenient...
they would very likely agree to recapture.
Lawsuits do work. Apparently nobody checked the links I posted on page 1 so here are a few examples:
more...
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msp1976
02-13 03:07 PM
The 7% is a maximum.
They do not have to go to 7% if they don't want to. However; they can't go over it; if there is more demand then supply.
What about paragraph 5 that I have posted up somewhere ???
Does that allow the 7% limit to be exceeded or not ?
they can't go over it; if there is more demand then supply.
That is why we need more supply.....Once supply is more they can go over 7%...
They do not have to go to 7% if they don't want to. However; they can't go over it; if there is more demand then supply.
What about paragraph 5 that I have posted up somewhere ???
Does that allow the 7% limit to be exceeded or not ?
they can't go over it; if there is more demand then supply.
That is why we need more supply.....Once supply is more they can go over 7%...
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saketkapur
07-15 07:42 PM
Hi
I filed my I-485 in July last year. My PD is EB2-Feb 2007. I could not file for my wife since she is pursuing her medical residency on a J1 visa with the 2 year HRR requirement.
My queries are as follows:
1. For the interfiling to happen does she need to be done with her J1 waiver or even when she is pursuing it as that is a H1B visa and I will be the principal applicant?
3. If I get my green card before she is done with her waiver then can I still file for her later or will her case then be treated as a family based petition?
I will really appreciate if you can provide some insight regarding the same.
regards
Saket Kapur
I filed my I-485 in July last year. My PD is EB2-Feb 2007. I could not file for my wife since she is pursuing her medical residency on a J1 visa with the 2 year HRR requirement.
My queries are as follows:
1. For the interfiling to happen does she need to be done with her J1 waiver or even when she is pursuing it as that is a H1B visa and I will be the principal applicant?
3. If I get my green card before she is done with her waiver then can I still file for her later or will her case then be treated as a family based petition?
I will really appreciate if you can provide some insight regarding the same.
regards
Saket Kapur
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sachug22
09-24 06:45 PM
You also know what I am stating. You already have heard the word"Pre-adjudication" which means "To assign number" based on monthly bulletin based EB table dates and then put a file on shelf to eat dust till USCIS can "approve 485" /"Send Physical greencard" based on Prority date becomes active based on "country specific limit"
If assigning number is almost equivalent to granting visa in a few days then there should not be hundreds of applicants waiting in "pre-adjudication" queue. We all know that many people have been pre-adjudicated and now they are just waiting for their physical GCs.
The Terminology : Visa number is assigned when I-485 application is approved (given that their are visa numbers available) or at Consular post the interviewer approves your application.
If you mean assigning file number or alien number then that a different thing. Pre-approval (is like initial review which more or less check is all documents are correct and application is approve able). No visa is give to any pre-approved case.
If assigning number is almost equivalent to granting visa in a few days then there should not be hundreds of applicants waiting in "pre-adjudication" queue. We all know that many people have been pre-adjudicated and now they are just waiting for their physical GCs.
The Terminology : Visa number is assigned when I-485 application is approved (given that their are visa numbers available) or at Consular post the interviewer approves your application.
If you mean assigning file number or alien number then that a different thing. Pre-approval (is like initial review which more or less check is all documents are correct and application is approve able). No visa is give to any pre-approved case.
mbartosik
12-13 11:48 PM
Mark,
what say you?
In some states the courts are "Courts of equity and law" or is it "Courts of law and equity", in other words the court has a mandate to enforce fairness within the bounds of the law (NY State is one such state). This derives from English law. However, I do not believe that is the case for federal court.
If the courts were courts only of fairness, equity, what's right, etc., yes, indeed then I think that we would win. But the courts are courts of law. In our case the federal courts are courts of federal law. Congress writes those laws, and the courts are free to interpret those law but not change them. The courts can also throw out a law (this is often appealed to Supreme court). The Supreme court's job is to interpret the constitution, and to define how the lower courts must interpret the law, or to throw back the law to Congress.
We have next to no chance in lower courts.
Even if we appealed through courts up to Supreme court, and win we would loss because Congress would still be free to change the law to restrict in other ways, possibly with the same effect. In the mean time we would alienate those law makers on our side. Also USCIS would be free to stop ALL EB immigration, while the Congress decided how to rewrite the law.
In our case there is no interpretation other than the mess that we are in is the law. So the Supreme court would have to find that the law was against the constitution, which I highly doubt that it is.
Even if the supreme court found that the law was against the constitution, Congress could enact another similar law (akin to minimum sentence), that merely fitted within the framework of the constitution but achieved the same end result. A recent example of this was when the Supreme court found that Gitmo detainees must be given a right to review of their detention. The detainees were not immediately released because they were detained without review and against the constitution, no, Congress simply passed a law allowing review by military tribunal, that complied with the Constitution, and the detainees remained detained, with a totally meaningless review (not allowed to see evidence against them etc.).
Thus the branch of government that we need to convince is Congress (which by the way I think the Constitution or an amendment gives the right to government immigration).
I'm not saying do not fight, just fight smart.
To me fighting smart means going to the law makers, politely, and persuasively. It is not aggressive, it is not radical, but it is fighting wisely. So I don't think that we are backing down in the face of things that are wrong, I think that we are standing up, but intelligently, and fighting where we can win.
It is Congress that ultimately decides, the Supreme court can only say to them, "sorry, not in compliance, try again".
what say you?
In some states the courts are "Courts of equity and law" or is it "Courts of law and equity", in other words the court has a mandate to enforce fairness within the bounds of the law (NY State is one such state). This derives from English law. However, I do not believe that is the case for federal court.
If the courts were courts only of fairness, equity, what's right, etc., yes, indeed then I think that we would win. But the courts are courts of law. In our case the federal courts are courts of federal law. Congress writes those laws, and the courts are free to interpret those law but not change them. The courts can also throw out a law (this is often appealed to Supreme court). The Supreme court's job is to interpret the constitution, and to define how the lower courts must interpret the law, or to throw back the law to Congress.
We have next to no chance in lower courts.
Even if we appealed through courts up to Supreme court, and win we would loss because Congress would still be free to change the law to restrict in other ways, possibly with the same effect. In the mean time we would alienate those law makers on our side. Also USCIS would be free to stop ALL EB immigration, while the Congress decided how to rewrite the law.
In our case there is no interpretation other than the mess that we are in is the law. So the Supreme court would have to find that the law was against the constitution, which I highly doubt that it is.
Even if the supreme court found that the law was against the constitution, Congress could enact another similar law (akin to minimum sentence), that merely fitted within the framework of the constitution but achieved the same end result. A recent example of this was when the Supreme court found that Gitmo detainees must be given a right to review of their detention. The detainees were not immediately released because they were detained without review and against the constitution, no, Congress simply passed a law allowing review by military tribunal, that complied with the Constitution, and the detainees remained detained, with a totally meaningless review (not allowed to see evidence against them etc.).
Thus the branch of government that we need to convince is Congress (which by the way I think the Constitution or an amendment gives the right to government immigration).
I'm not saying do not fight, just fight smart.
To me fighting smart means going to the law makers, politely, and persuasively. It is not aggressive, it is not radical, but it is fighting wisely. So I don't think that we are backing down in the face of things that are wrong, I think that we are standing up, but intelligently, and fighting where we can win.
It is Congress that ultimately decides, the Supreme court can only say to them, "sorry, not in compliance, try again".
unseenguy
05-29 02:54 PM
No one is arguing that lot of EB1Cs do not deserve the classification, however; that is not the root cause why we are backlogged. You might get 1000more visas , you would think but at the end of the day , you will close that gateway as well. 1000 EB1 visas are not a major relief for us. And if you think that will resolve the issue, you are mistaken.
There is a political decision to backdate the country dates and hence even if you take up Eb1 issue, they will close that line as well, but those visas will not translate into more visas for us. Bureaucrats can come up with gazillion excuses as to why spillover did not happen such as "there is now demand for religious workers".
So do not deviate the focus of the community. Our purpose is to get our GC, not stop someone else from getting a GC. Thinking otherwise mean , divisive and selfish mentality! or plain jealousy. Has anyone stopped you from working for Cognizant?
We need transparency and better predictability in the whole process. Someone said Oppenheim knows more than many of us. My question is why should we trust him? Shouldent there be a system that gives clear picture to everyone?
Bottomline is we need to choose our battles! EB1 is not the battle we need to fight right now.
There is a political decision to backdate the country dates and hence even if you take up Eb1 issue, they will close that line as well, but those visas will not translate into more visas for us. Bureaucrats can come up with gazillion excuses as to why spillover did not happen such as "there is now demand for religious workers".
So do not deviate the focus of the community. Our purpose is to get our GC, not stop someone else from getting a GC. Thinking otherwise mean , divisive and selfish mentality! or plain jealousy. Has anyone stopped you from working for Cognizant?
We need transparency and better predictability in the whole process. Someone said Oppenheim knows more than many of us. My question is why should we trust him? Shouldent there be a system that gives clear picture to everyone?
Bottomline is we need to choose our battles! EB1 is not the battle we need to fight right now.
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