atlfp
04-26 08:35 AM
Nicely done
wallpaper A Pink Flower by pushkin
s_r_e_e
08-22 03:36 PM
Well, I don't think I am at the end of line of 300,000 people. There must be lots and lots of people whose priority date is after April 2004 might have filed. This includes 2004, 2005, 2006 and 2007.
So I think 3 years is intelligent guess. But who knows I am just trying to make myself happy and trying to stay positive.
Also remeber there is a big number of LC BACKLOG cases, all with PD prior to 2005, that will be cleared by end of next month and would get to apply AOS some time soon.
So I think 3 years is intelligent guess. But who knows I am just trying to make myself happy and trying to stay positive.
Also remeber there is a big number of LC BACKLOG cases, all with PD prior to 2005, that will be cleared by end of next month and would get to apply AOS some time soon.
sidbee
02-15 10:17 AM
http://www.computerworld.com/action/article.do?command=viewArticleBasic&taxonomyName=Outsourcing&articleId=9127943&taxonomyId=72&pageNumber=1
Now that Desi consultant companies are under scanner, i hope employees working for them get their long overdue justice.
H1B has become synonym for visa abuse bcoz of these moron's. I hope the system comesout clean.
I really wish all the desi companies,who get people from India,and put them on bench to find a project ,be banned. They screwed H1B, and in turn all the deserving H1B candidates.
Now that Desi consultant companies are under scanner, i hope employees working for them get their long overdue justice.
H1B has become synonym for visa abuse bcoz of these moron's. I hope the system comesout clean.
I really wish all the desi companies,who get people from India,and put them on bench to find a project ,be banned. They screwed H1B, and in turn all the deserving H1B candidates.
2011 Sweet Pink Bunny Rabbit
hindu_king
04-07 02:08 PM
There will be no movement in May bulletin, but June bulletin will be Jan 1 2006 for EB2. I'm guessing this based on last 3 years, where there was no movement in May but had significant jump every June.
more...
leoindiano
07-02 05:56 AM
upgraded to PP on 19th. No news, No LUD so far....Even though, they saif July 2nd is cutoff date. Something went wrong around 6/20. Dont see any approvals after that.
bluekayal
12-07 05:26 PM
So EAD is screwed for lots of people, in our case its the E-filed AP. Filed on July 12 and booked tickets to India on Dec 26th and no sign of AP. Looks like we'll have to postpone or cancel the ticket. Thanks to friendly IO in TSC we heard that the photos (sent later thru snail mail) were not attached to the applications...So on the IO's suggestion we sent off a 2nd batch of pics...
Well, I've got all my fingers crossed...but I kind a know there may not be sights of lush green fields and beautiful kayals--aka backwaters in my immediate future...urgh..
Well, I've got all my fingers crossed...but I kind a know there may not be sights of lush green fields and beautiful kayals--aka backwaters in my immediate future...urgh..
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kumarc123
06-12 01:47 PM
People I am trying to introduce the contents on a new thread
Pappu,
I appreciate your input, but IV members have been talking about numbers and numbers and numbers for last 2 years in a row.
What will the numbers reveal? I had been a regular blogger at IV, but I stopped coming up here because.
1. All talk and no Walk
2. New members come aboard, are rude and offer no pragmatic approach.
3. All these bloggers give ideas and critique each other.
4. What happened to the March1 09st rally in DC?
Why has IV not taken a pragmatic approach, don't take me wrong I respect what you have done and other approaches in the past. But IV is using same approach for a new problem, the end result-----Failure
I joined this community after july fiasco, and have kept close watch on dates, everyday members keep suggesting something or the other. I don't mind being a donor to IV or contributing little what I have, But I need to see some big movement and results.
I did all the stupid calling to congress senators
Did sending of letters to the White house
what was the result? If IV wants core members and new members to donate and be a part of something bigger than a website, then please initiate something big like a rally.
Just because their are less members to join, does not excuse a true purpose of a rally.
Some of core members of IV keep telling other members:
1. Join your local chapter
2. Be a donor,
I understand all this, but I as a visiting members and the people coming on here, want to see a true and real reason to be a part of IV and not just a website where immigrants come and breathe out their frusturations July Fiasco turned to be advantageous to a few members, but was a mistake for members like me and other members who could not file at that time.
Please prove me wrong and IV to be something more than a website, please initiate something big and real, and not just comments. I an aware of the achievements in the past, but it was past 3 years ago. For last three years immigrant's feelings have been played around too many times. Same old talks will not bring upon a change, SOMETHING BIG NEEDS TO BE DONE NOW BEFORE THE CIR BILL takes place. So people are more aware.
Show us IV core is more than words! Conduct something bigger that will attract new members and donors to this organization.
I as a professional can tell you all now--- passive movement, sending letters, long term planning with no actions will not help
People have left IV, who are so disheartened and believe this organization has lost its eedge and is all talk and no walk above all a money scam.
Prove them wrong and do something big, above all Practical
Pappu,
I appreciate your input, but IV members have been talking about numbers and numbers and numbers for last 2 years in a row.
What will the numbers reveal? I had been a regular blogger at IV, but I stopped coming up here because.
1. All talk and no Walk
2. New members come aboard, are rude and offer no pragmatic approach.
3. All these bloggers give ideas and critique each other.
4. What happened to the March1 09st rally in DC?
Why has IV not taken a pragmatic approach, don't take me wrong I respect what you have done and other approaches in the past. But IV is using same approach for a new problem, the end result-----Failure
I joined this community after july fiasco, and have kept close watch on dates, everyday members keep suggesting something or the other. I don't mind being a donor to IV or contributing little what I have, But I need to see some big movement and results.
I did all the stupid calling to congress senators
Did sending of letters to the White house
what was the result? If IV wants core members and new members to donate and be a part of something bigger than a website, then please initiate something big like a rally.
Just because their are less members to join, does not excuse a true purpose of a rally.
Some of core members of IV keep telling other members:
1. Join your local chapter
2. Be a donor,
I understand all this, but I as a visiting members and the people coming on here, want to see a true and real reason to be a part of IV and not just a website where immigrants come and breathe out their frusturations July Fiasco turned to be advantageous to a few members, but was a mistake for members like me and other members who could not file at that time.
Please prove me wrong and IV to be something more than a website, please initiate something big and real, and not just comments. I an aware of the achievements in the past, but it was past 3 years ago. For last three years immigrant's feelings have been played around too many times. Same old talks will not bring upon a change, SOMETHING BIG NEEDS TO BE DONE NOW BEFORE THE CIR BILL takes place. So people are more aware.
Show us IV core is more than words! Conduct something bigger that will attract new members and donors to this organization.
I as a professional can tell you all now--- passive movement, sending letters, long term planning with no actions will not help
People have left IV, who are so disheartened and believe this organization has lost its eedge and is all talk and no walk above all a money scam.
Prove them wrong and do something big, above all Practical
2010 Clipart Pink Flower
nixstor
10-12 01:45 PM
[QUOTE=nelsonagn]"So who ever were able to sneak in under that category, will get their GC."
Not if they are the 50,001st they won't.
-> I am totally with you on that. I am sure pmpforgc and bluekayal filed way ahead of the 50K limit.
Only 50,000 Schedule A's will be approved. Any who submitted I-485s above that number will have to be approved under another category.
-> I was refering to people who have filed in Jul of Aug of this year under Schedule A. Do you think that their 485 will be frozen as well? I dont think so. I know a PT who filed hers in Aug. I will ask her what USCIS is gonna say.
Just because someone submits an I-485 when a category is available does not mean they are guaranteed to see it through to end.
-> So what you are saying is, If a person whose EB2 PD is Jun 02 files 485 by the end of this month and lets say EB2 retrogresses to Apr 02 after 5 months from now, his/her application will be left at that point. So an Analyst will basically check if the PD is current every time they take up the file.
How ever, I doubt thats the same with Schedule A as it is a one time category. They will mark the 1st 50K apps into schedule A and give the overflow back to the applications for reg processing.
Remember that when Sched A started, those who were already in the system (in EB2 or 3) were switched to that category, if their petition was considered Schedule A.
-> Sure, lot of nurses and PT's might have jumped into Schedule A from EB3 and as you said all of those applications from 50,001 will go into EB3. I mean nurses and PT's. Who ever filed under Schedule A EB2 will go to EB2.
USCIS will just as easily switch those left to another category when the 50K are used up.
Your earlier statemement that 'once you have a receipt number your I-485 will either be approved or denied' is also misleading. Mere issuance of a receipt does not guarantee continuous processing unless until the cut-off for that category is later that your PD (and yes, even those who don't go thru LC have a PD: it's their I-140 RD). If not, your I-485 just sits.
-> My understanding of PD's being current is you can file for 485 and can get some decision sooner or later. I am not aware of the fact that 485 processing becomes stop and go as PD for that category oscillates back and forth.
That's what retrogression does: it takes I-485s already in the system and freezes them.
-> may be you are right. How ever my post wasnt intended to mislead any one. I felt that the 2 members who filed in Jul and Aug under Schedule A should be fine.
So what do you think will happen to these folks who have filed for 485 when Schedule A is removed from the VB? Does that mean that their PD's have become current? From what you are saying, all the unadjuciated 485's filed on after the cutoff date in VB (in this case 10/05 for schedule A as of now ) will not be processed and will be freezed. What will happen to the 765/131 that were filed along with the 485?
Not if they are the 50,001st they won't.
-> I am totally with you on that. I am sure pmpforgc and bluekayal filed way ahead of the 50K limit.
Only 50,000 Schedule A's will be approved. Any who submitted I-485s above that number will have to be approved under another category.
-> I was refering to people who have filed in Jul of Aug of this year under Schedule A. Do you think that their 485 will be frozen as well? I dont think so. I know a PT who filed hers in Aug. I will ask her what USCIS is gonna say.
Just because someone submits an I-485 when a category is available does not mean they are guaranteed to see it through to end.
-> So what you are saying is, If a person whose EB2 PD is Jun 02 files 485 by the end of this month and lets say EB2 retrogresses to Apr 02 after 5 months from now, his/her application will be left at that point. So an Analyst will basically check if the PD is current every time they take up the file.
How ever, I doubt thats the same with Schedule A as it is a one time category. They will mark the 1st 50K apps into schedule A and give the overflow back to the applications for reg processing.
Remember that when Sched A started, those who were already in the system (in EB2 or 3) were switched to that category, if their petition was considered Schedule A.
-> Sure, lot of nurses and PT's might have jumped into Schedule A from EB3 and as you said all of those applications from 50,001 will go into EB3. I mean nurses and PT's. Who ever filed under Schedule A EB2 will go to EB2.
USCIS will just as easily switch those left to another category when the 50K are used up.
Your earlier statemement that 'once you have a receipt number your I-485 will either be approved or denied' is also misleading. Mere issuance of a receipt does not guarantee continuous processing unless until the cut-off for that category is later that your PD (and yes, even those who don't go thru LC have a PD: it's their I-140 RD). If not, your I-485 just sits.
-> My understanding of PD's being current is you can file for 485 and can get some decision sooner or later. I am not aware of the fact that 485 processing becomes stop and go as PD for that category oscillates back and forth.
That's what retrogression does: it takes I-485s already in the system and freezes them.
-> may be you are right. How ever my post wasnt intended to mislead any one. I felt that the 2 members who filed in Jul and Aug under Schedule A should be fine.
So what do you think will happen to these folks who have filed for 485 when Schedule A is removed from the VB? Does that mean that their PD's have become current? From what you are saying, all the unadjuciated 485's filed on after the cutoff date in VB (in this case 10/05 for schedule A as of now ) will not be processed and will be freezed. What will happen to the 765/131 that were filed along with the 485?
more...
dilbert_cal
04-03 04:43 PM
Thanks to everybody for this heated debate. While reading through it - there were times I was left thinking - instead of spending 5 minutes writing stuff here , why dont we use that 5 minutes to call up a friend and get him to register and webfax. I was about to write it when I realized I can myself do it - so I went around my office and there are 8 people who sent webfaxes already in the last 10 mins - now I think I've the right to write this :-)
I agree we all are going through a stressful period and we can decide to either sit back and hope things work out as and when they do or to go ahead and try to do something ourselves. Initially, I wasnt very sure if IV would be able to achieve much and hence, didnt even register here. But lately I realized even if they dont achieve much, atleast they are trying their best. And I believe its better to try and fail rather than do nothing and think of what if situations.
I dont know whether IV will be able to get an amendment, whether I'll get my GC in the near future, will I get to the point in my career where I should be and where I'm not coz of GC but one thing for sure, I'll know I tried to change the system and this is something I can pass on to my next generation as a matter of pride.
Just my 2 cents and thanks for bearing with me if you read through it all.
Now, I need to get on the phone and see if I can get more people involved in this.
I agree we all are going through a stressful period and we can decide to either sit back and hope things work out as and when they do or to go ahead and try to do something ourselves. Initially, I wasnt very sure if IV would be able to achieve much and hence, didnt even register here. But lately I realized even if they dont achieve much, atleast they are trying their best. And I believe its better to try and fail rather than do nothing and think of what if situations.
I dont know whether IV will be able to get an amendment, whether I'll get my GC in the near future, will I get to the point in my career where I should be and where I'm not coz of GC but one thing for sure, I'll know I tried to change the system and this is something I can pass on to my next generation as a matter of pride.
Just my 2 cents and thanks for bearing with me if you read through it all.
Now, I need to get on the phone and see if I can get more people involved in this.
hair Flower Clipart
anadimisra
09-15 03:14 PM
But this is not the right forum. All I'll say is it's everyone's perception and cannot comment more because I don't know anything else about you. But even you compromised by getting your kids raised in day care. Many people might consider raising there kids fulltime worth millions.
I am trying to say something about my financial success instead of lifestyle.
But I have a good lifestyle too. I socialize, have parties all the time, have 2 nice kids and a nice house and a nice family. What else you want in life.
but after some time, you get bored by these things, you want to go up in your career(I am just maintaining status quo), want to do some other things, for which I need GC.
I am trying to say something about my financial success instead of lifestyle.
But I have a good lifestyle too. I socialize, have parties all the time, have 2 nice kids and a nice house and a nice family. What else you want in life.
but after some time, you get bored by these things, you want to go up in your career(I am just maintaining status quo), want to do some other things, for which I need GC.
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styrum
02-08 04:12 PM
I filed an apeal for my first PERM too and preparing to file another one (through another company - you can't file another PERM via the same company while your first PERM is in appeal). Your's is there for longer than mine. I heard 4 to 6 months would be the time. Please let us know when and how yours is resolved.
hot pink flower clip art free.
eb_retrogession
03-03 09:19 AM
I just PayPaled $300 yesterday. Please, keep all of us PBEC and DOL victims in mind as well. We need your help!!
Thanks a ton anaintchev. PBEC and DOL issues are very much part of our efforts, we have several volunteers stuck at that stage.
Once again, thanks a lot.
Thanks a ton anaintchev. PBEC and DOL issues are very much part of our efforts, we have several volunteers stuck at that stage.
Once again, thanks a lot.
more...
house hair clipart flower pink. pink
SGP
12-30 09:53 PM
thats the problem.... I cannot switch to another job as I am in the 7th year of H1B and I-140 approved but did not apply for I-485 yet. friends told me its risky to switch jobs now as I may be out of status.
Boss, I was exactly in same position as yours. You can call it a mirror image. I switched in 9th yr of h1 after being a white collar slave with same employer. I'll suggest before you loose self respect and confidence in your own eyes..... SWITCH.
If you will be benefited by “I-485 filing without current priority Date”, please vote YES on the Poll.
Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved.
Boss, I was exactly in same position as yours. You can call it a mirror image. I switched in 9th yr of h1 after being a white collar slave with same employer. I'll suggest before you loose self respect and confidence in your own eyes..... SWITCH.
If you will be benefited by “I-485 filing without current priority Date”, please vote YES on the Poll.
Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved.
tattoo Flower, Watercolor painting of
acecupid
07-19 01:39 PM
I was under the impression based on some posts I read on other websites that even if your I-485 is approved before you applied for I-485 for your spouse, you can still add her if you were married before your I-485 approval date. Can someone confirm this ?? I feel the best way to handle the situation would be to apply for the I-485 of spouse on the date the PD becomes current. Keep all documents and applications ready and file on the first date. Since visa bulletin comes out 15 days in advance its good lead time to make preparations even if the movement of date is sudden.
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pictures clip art flowers vines. clip
chanduv23
10-09 05:47 AM
^^^^^^^^^^^^^^^^^^^
dresses Pink Flower Outline
When485
09-13 03:30 PM
When my 140 approved, I bought my home thinking I will build Equity and own a home instead of paying rent. Now I am doubting if I did the right thing considering the slow down in Realty and uncertainty on GC. My spirits got dampened with the October visa bulletin. EB3 is once again back to world famous 2001 . Are there any 80000+ EB3-I petitions with a priority dates around 2001? Otherwise no logical reason in why this always go back to 2001? My friend and I went over the archives to find that over a period of 57 months, EB3 India crossed 2003 only twice - June and July 2007. So frustrating?
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makeup Rabbit Clipart #81861: Sweet
casinoroyale
06-20 09:27 AM
Based on my reading I would like to provide few AP Renewal FACTS for the I-485 pending cases:
1) You need to submit 2 recent photos.
2) You do not need to submit $80 FP fee.
3) As per the text, you do not need to provide the letter justifying your request for AP, but I think it would not harm giving one. The reason does not have to be an emergent situation, it could simply be "Family Visit".
Please correct (or) add more.
Editing on 06/25/2008 - Adding additional information (provided by one of the IV-members)
Templete Cover Letter for AP
http://immigrationvoice.org/forum/showpost.php?p=257924&postcount=20
Some more clarifications
http://immigrationvoice.org/forum/showthread.php?p=256903
1) You need to submit 2 recent photos.
2) You do not need to submit $80 FP fee.
3) As per the text, you do not need to provide the letter justifying your request for AP, but I think it would not harm giving one. The reason does not have to be an emergent situation, it could simply be "Family Visit".
Please correct (or) add more.
Editing on 06/25/2008 - Adding additional information (provided by one of the IV-members)
Templete Cover Letter for AP
http://immigrationvoice.org/forum/showpost.php?p=257924&postcount=20
Some more clarifications
http://immigrationvoice.org/forum/showthread.php?p=256903
girlfriend flower frame clipart. Pink
msp1976
03-03 08:29 PM
Legal Immigrants in Limbo
It is that time of the year again. Immigration reform is in the air. Recently, there were raids on many businesses and the resulting arrests were given wide publicity. The Bush administration is showing its zeal to pursue the 'illegal immigrants' and 'Undocumented workers' and enforce the immigration laws. The pro-immigration and anti-immigration organizations are ratcheting up their activities. One of the common refrains of the anti-immigration groups is 'If they want to come to this country, let them come legally'. So let us examine what the people trying to immigrate legally face.
A significant number of the high skilled immigrants who immigrate to the United States are categorized by the existing immigration law as 'Employment Based' immigrants. We would refer to this as the EB immigration in this article. The EB immigrants constituted almost 22% of the total immigrants to United States in year 2005. The EB immigration process consists of four steps. There might be minor variations but the time periods for the processing described in this article remain very close to reality.
1. Labor Certification - The US Department of Labor (DOL) administers this program. This process takes anywhere from 3 to 5 years. There are people in this queue who had applied for certification in 2001. Now imagine waiting that long for the first step. However, to its credit, the DOL has implemented a new program which has significantly reduced the time required for this process to less than 6 months. However, this program is beneficial to only those applicants who filed after December 2005.
2. Immigrant Visa application - After obtaining the Labor Certification, the employer petitions the USCIS for approving the certified immigrant for permanent residency. This process can take anywhere between 1 to 10 months.
3. Adjustment of Status - If a immigrant visa is available, (and there are only 140,000 that are available each year, with a cap of 7% of these per country) the USCIS then allows the immigrant to file for adjustment of status and if approved, formally grants permanent resident status more commonly referred to as the Green Card. It is during this stage that the immigrant is subjected to background checks by the FBI and medical checks by USCIS approved physicians. Currently, the FBI background checks are taking anywhere from 8 months to a whopping two years. Also, immigrants from countries like India and China which are the main source of high skilled immigrants find themselves unable to even file for the adjustment of status because of unavailability of visa numbers. Given the current scenario, it is unknown how long it will take for these immigrants to be able to file for adjustment of status, but it is very likely to exceed 4 to 5 years
4. Citizenship – Five years after the Green Card is approved, the immigrant may apply for citizenship to the USCIS. At this stage, he has to undergo an additional background check, take a citizenship test before being eligible for approval.
As can be seen from the description above, the whole process can take 5 to 10 years just to obtain the Green Card and an additional 5 years after that to obtain citizenship. There are people waiting to be sure of their status for even more than that. Given the uncertainty and lack of action from Congress to address the backlogs, some of the EB legal immigration applicants have come together and formed the organization http://immigrationvoice.org/. The goals include reduced waiting time for green card applications for EB immigrations, increased numbers for employment based green cards and ability to get certain benefits if the visa numbers are unavailable.
Let me make clear what this wait entails. When you are working on a work permit like H-1B, your employer sponsors you for a particular position in the future as a part of the EB immigration process. What that means in reality is that your employer cannot promote you even if you are capable and the employer is willing. In the convoluted logic of EB immigration, if you get a promotion you have to start from step 1 again. That means you are back at the end of the 5 to 10 year queue. Also, spouses of the applicants are not allowed to work even if they are qualified until the primary applicant can file for adjustment of status. Now keep trying to explain to your spouse to keep his/her career on hold for 10 years. The net result of these impediments is that a large number of these people prefer going back to their countries of origin or other countries that offer easier and faster ways to obtain permanent residency and citizenship. That is a big loss to this country.
And this is just for high-skilled and skilled workers, so our question and challenge to the anti-immigration lobby is ‘Are you willing to put your money where your mouth is and pressure Congress to pass a Comprehensive Immigration Reform to ensure that people can immigrate to the United States legally in a reasonable amount of time?’
United States is undergoing an unprecedented change in demographic situation. The Baby boomer generation consists of 77 million citizens born in the years 1946 to 1964. The leading edge of this generation is entering their 60s in 2006 and a large number of the baby boomers would start retiring soon. This is a double whammy to the US economy. Even now, the employers ranging from small businesses in the north-east to big corporations like Microsoft are facing serious labor shortages. When a large chunk of US labor force starts retiring every year, businesses are going to be even more hard pressed to find suitable workers. At the same time, the demands for social services from this large retiree population would keep growing. The US economy would find it harder and harder to support an ever larger population in need of Social services support. Unless something is done to deal with the coming labor crunch, United States is facing a huge economic and social services meltdown. The businesses would either fold in face of global competition or go where they can find labor that would allow them to be competitive leading to additional job cuts in the US. The immigration policy this country adopts would determine the future of this country. The only solution to deal with the labor crunch is to allow more employment based immigration.
As mentioned earlier, the total number of Employment based immigrants allowed per year by current law is 140,000 and it also includes the dependents of these immigrants. This limit was established in the early 90s when population of United States was smaller and a lot younger. This number has to undergo a sharp upward revision to account for the coming demographic challenge this country is facing.
The current immigration law has rules that prohibit immigration from any country in excess of 7% of the overall immigration. As far as employment based immigration is concerned, this limit is of 7% is illogical. Skills are not evenly distributed in the world and companies do not hire people based on the country they come from but for the skill set they possess to get the job done. As president Bush aptly described "It makes no sense to say to a young scientist from India, you can't come to America to help this company develop technologies that help us deal with our problems". This cap of 7% has caused the applicants from large countries like China and India to wait for years on end. As we all know, these countries are undergoing rapid growth. If the United States does not make an effort to retain this valuable human capital, those countries are going to benefit at United States’ cost.
Every year, thousands of students from various countries come to the United States to pursue higher education. In a fairly large number of cases, the universities and various endowments provide financial aid to these students. It would make sense for United States to make an effort to retain this talent that has been educated in a large number of cases by the American taxpayers. It is a reality that the talent is sorely needed. Abolishing the country limits on the employment based immigration would make it easier to retain this talent and help ease the skilled labor crunch.
The USCIS has serious issues in dealing with the magnitude of immigration benefits processing expected of the service. The Bush administration has made some not entirely successful attempts to improve the workings of the troubled federal agency. The United States does not become safer if an immigration benefits application sits entangled in a bureaucratic nightmare for years on end. The USCIS should be mandated to process all existing backlogs in a reasonable time frame and provided the resources and leadership to accomplish this goal.
In the cacophony of anti-illegal immigration rhetoric, no one seems to be paying attention to the plight of the legal immigration applicants waiting for years for their applications to get processed. The United States is supposed to be the land of opportunity. The Congress should make an effort to ease the hardships of the people who have followed the law and are trying to immigrate legally so that these deserving immigrants also get a chance to pursue their American Dreams.
It is that time of the year again. Immigration reform is in the air. Recently, there were raids on many businesses and the resulting arrests were given wide publicity. The Bush administration is showing its zeal to pursue the 'illegal immigrants' and 'Undocumented workers' and enforce the immigration laws. The pro-immigration and anti-immigration organizations are ratcheting up their activities. One of the common refrains of the anti-immigration groups is 'If they want to come to this country, let them come legally'. So let us examine what the people trying to immigrate legally face.
A significant number of the high skilled immigrants who immigrate to the United States are categorized by the existing immigration law as 'Employment Based' immigrants. We would refer to this as the EB immigration in this article. The EB immigrants constituted almost 22% of the total immigrants to United States in year 2005. The EB immigration process consists of four steps. There might be minor variations but the time periods for the processing described in this article remain very close to reality.
1. Labor Certification - The US Department of Labor (DOL) administers this program. This process takes anywhere from 3 to 5 years. There are people in this queue who had applied for certification in 2001. Now imagine waiting that long for the first step. However, to its credit, the DOL has implemented a new program which has significantly reduced the time required for this process to less than 6 months. However, this program is beneficial to only those applicants who filed after December 2005.
2. Immigrant Visa application - After obtaining the Labor Certification, the employer petitions the USCIS for approving the certified immigrant for permanent residency. This process can take anywhere between 1 to 10 months.
3. Adjustment of Status - If a immigrant visa is available, (and there are only 140,000 that are available each year, with a cap of 7% of these per country) the USCIS then allows the immigrant to file for adjustment of status and if approved, formally grants permanent resident status more commonly referred to as the Green Card. It is during this stage that the immigrant is subjected to background checks by the FBI and medical checks by USCIS approved physicians. Currently, the FBI background checks are taking anywhere from 8 months to a whopping two years. Also, immigrants from countries like India and China which are the main source of high skilled immigrants find themselves unable to even file for the adjustment of status because of unavailability of visa numbers. Given the current scenario, it is unknown how long it will take for these immigrants to be able to file for adjustment of status, but it is very likely to exceed 4 to 5 years
4. Citizenship – Five years after the Green Card is approved, the immigrant may apply for citizenship to the USCIS. At this stage, he has to undergo an additional background check, take a citizenship test before being eligible for approval.
As can be seen from the description above, the whole process can take 5 to 10 years just to obtain the Green Card and an additional 5 years after that to obtain citizenship. There are people waiting to be sure of their status for even more than that. Given the uncertainty and lack of action from Congress to address the backlogs, some of the EB legal immigration applicants have come together and formed the organization http://immigrationvoice.org/. The goals include reduced waiting time for green card applications for EB immigrations, increased numbers for employment based green cards and ability to get certain benefits if the visa numbers are unavailable.
Let me make clear what this wait entails. When you are working on a work permit like H-1B, your employer sponsors you for a particular position in the future as a part of the EB immigration process. What that means in reality is that your employer cannot promote you even if you are capable and the employer is willing. In the convoluted logic of EB immigration, if you get a promotion you have to start from step 1 again. That means you are back at the end of the 5 to 10 year queue. Also, spouses of the applicants are not allowed to work even if they are qualified until the primary applicant can file for adjustment of status. Now keep trying to explain to your spouse to keep his/her career on hold for 10 years. The net result of these impediments is that a large number of these people prefer going back to their countries of origin or other countries that offer easier and faster ways to obtain permanent residency and citizenship. That is a big loss to this country.
And this is just for high-skilled and skilled workers, so our question and challenge to the anti-immigration lobby is ‘Are you willing to put your money where your mouth is and pressure Congress to pass a Comprehensive Immigration Reform to ensure that people can immigrate to the United States legally in a reasonable amount of time?’
United States is undergoing an unprecedented change in demographic situation. The Baby boomer generation consists of 77 million citizens born in the years 1946 to 1964. The leading edge of this generation is entering their 60s in 2006 and a large number of the baby boomers would start retiring soon. This is a double whammy to the US economy. Even now, the employers ranging from small businesses in the north-east to big corporations like Microsoft are facing serious labor shortages. When a large chunk of US labor force starts retiring every year, businesses are going to be even more hard pressed to find suitable workers. At the same time, the demands for social services from this large retiree population would keep growing. The US economy would find it harder and harder to support an ever larger population in need of Social services support. Unless something is done to deal with the coming labor crunch, United States is facing a huge economic and social services meltdown. The businesses would either fold in face of global competition or go where they can find labor that would allow them to be competitive leading to additional job cuts in the US. The immigration policy this country adopts would determine the future of this country. The only solution to deal with the labor crunch is to allow more employment based immigration.
As mentioned earlier, the total number of Employment based immigrants allowed per year by current law is 140,000 and it also includes the dependents of these immigrants. This limit was established in the early 90s when population of United States was smaller and a lot younger. This number has to undergo a sharp upward revision to account for the coming demographic challenge this country is facing.
The current immigration law has rules that prohibit immigration from any country in excess of 7% of the overall immigration. As far as employment based immigration is concerned, this limit is of 7% is illogical. Skills are not evenly distributed in the world and companies do not hire people based on the country they come from but for the skill set they possess to get the job done. As president Bush aptly described "It makes no sense to say to a young scientist from India, you can't come to America to help this company develop technologies that help us deal with our problems". This cap of 7% has caused the applicants from large countries like China and India to wait for years on end. As we all know, these countries are undergoing rapid growth. If the United States does not make an effort to retain this valuable human capital, those countries are going to benefit at United States’ cost.
Every year, thousands of students from various countries come to the United States to pursue higher education. In a fairly large number of cases, the universities and various endowments provide financial aid to these students. It would make sense for United States to make an effort to retain this talent that has been educated in a large number of cases by the American taxpayers. It is a reality that the talent is sorely needed. Abolishing the country limits on the employment based immigration would make it easier to retain this talent and help ease the skilled labor crunch.
The USCIS has serious issues in dealing with the magnitude of immigration benefits processing expected of the service. The Bush administration has made some not entirely successful attempts to improve the workings of the troubled federal agency. The United States does not become safer if an immigration benefits application sits entangled in a bureaucratic nightmare for years on end. The USCIS should be mandated to process all existing backlogs in a reasonable time frame and provided the resources and leadership to accomplish this goal.
In the cacophony of anti-illegal immigration rhetoric, no one seems to be paying attention to the plight of the legal immigration applicants waiting for years for their applications to get processed. The United States is supposed to be the land of opportunity. The Congress should make an effort to ease the hardships of the people who have followed the law and are trying to immigrate legally so that these deserving immigrants also get a chance to pursue their American Dreams.
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bobyal
08-11 06:13 AM
deleted
whattodo21
05-11 12:02 PM
Pappu,
Please let me know your thoughts..
I-140 is approved. I-485 was filed in July 2007. I have an opportunity to move to another company for a similar job profile. But the new company wants me to work as a contractor (hourly) on W2.
Is that a problem when filing AC-21?
Please advise.
You may be able to find answers in the IV wikki - have you tried it?
AC21 FAQ - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/AC21_FAQ)
Please let me know your thoughts..
I-140 is approved. I-485 was filed in July 2007. I have an opportunity to move to another company for a similar job profile. But the new company wants me to work as a contractor (hourly) on W2.
Is that a problem when filing AC-21?
Please advise.
You may be able to find answers in the IV wikki - have you tried it?
AC21 FAQ - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/AC21_FAQ)
pankaj_n
04-20 09:00 AM
Hi Pankaj,
Was your case rejected due to the number of years of education (10+2+3+2 = 17)?
What if it is 3 + 3 ( 3 year Bsc Physics + 3 Year MCA) 10 + 2+3+3 = 18? I am wondering if USCIS would consider this equivalent to US masters? Came across a memo used by Nebraska Service center that says USCIS would consider 3+3 equivalent to US masters, but that memo was from 2006.
yes my case rejected due to number of years of education.
My case they rejected because i have 3 year Bsc and 2 year master now funny thing is that i know my friend who did similar course from same university but he did same master degree like me but in part time so he complete in 3 years and he got approval in 2009.
Was your case rejected due to the number of years of education (10+2+3+2 = 17)?
What if it is 3 + 3 ( 3 year Bsc Physics + 3 Year MCA) 10 + 2+3+3 = 18? I am wondering if USCIS would consider this equivalent to US masters? Came across a memo used by Nebraska Service center that says USCIS would consider 3+3 equivalent to US masters, but that memo was from 2006.
yes my case rejected due to number of years of education.
My case they rejected because i have 3 year Bsc and 2 year master now funny thing is that i know my friend who did similar course from same university but he did same master degree like me but in part time so he complete in 3 years and he got approval in 2009.
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