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  • 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.





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  • AuntyDan
    10-17 07:55 PM
    Spouse working - Yes, in theory they could allow H4 to work. However would that be any job? If so then the H4 would actually be far better off than the H-1B who is restricted by job category and employer qualification

    Long term - Yes, in theory, a 20 year H-1B takes some of the stress off. But what of Citizenship? If you stay 20 years you'd want to at least have the option of becoming a US citizen. At present I believe only a GC holder has the option to progress to citizenship.

    Employer based - This is the key. Unless an H-1B is no longer employer sponsored but self-sposored then the H-1B holder is still living on a knife-edge and can be sent back home at any moment if their employer fires them or goes under and they cannot secure another similar job quickly enough.

    So yes, they could make H-1B 20 years, allow spouse to work, allow application for citizenship and make it self-sponsored and not employer dependant. But why do that? They already have this kind of Visa. It's called a Green Card.





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  • jcrajput
    09-05 03:00 PM
    EB2
    PD - OCT 2006
    I485 Applied # July 2nd reached at NSC
    No receipts, no check cashed





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  • psethi
    06-30 03:36 PM
    I am trying to efile AP and there is a question regarding date of intended departure and expected length of the trip. I don't have any plans to use AP and is applying for emergency travel. Please let me know what to fill if any one is in the same situation who have e-filed.



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  • reddy2cool
    09-29 05:00 PM
    There are 3 work categories,
    at least 3 queues each for three stages.
    the first queue had at one time, rir, regular and then bec, perm added to the mix.
    EB portings.
    07/07 havoc
    name check delays.

    a single queue at the end.

    bottomline, PD monthly graph is arbitrary.
    if your PD remains current for at least three months in a row and everything else is clear, there is good chance you are out of the pipeline.

    Excellent point. I think it would be almost impossible to predict an exact number since people would be in and out of the line becz of above factors but atleast they should be more reasonable than from all current to all na to 06 to 03....





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  • potatoeater
    08-03 03:51 PM
    Justaju jiski thi, usko to na paya humne..
    Is bahane magar dekh li duniya humne.

    (Song from Umrao Jaan)

    After wandering through 12 US states in past 12 years, thats what accurately sums up my quest for GC. :)


    EB3 I = June '03
    EB2 I = C


    "Unke dekhe se jo aa jaatee hai MuNh par raunaq
    Woh samjhte haiN ke beemar ka haal achaha hai
    .
    .
    .

    hamko ma'aloom hai jannat ki haqeeqat lekin
    dil ke Khush rakhne ko, 'GHalib' yeh KHayaal achaha hai"
    Ref: Ghazal by Mirza Ghalib :)



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  • floridasun
    01-01 07:17 PM
    The price of GC is what you assign to it. The value of GC is not what other people tell you it is. If you get depressed, make your life hell - it's because you chose it. My PD is 2010 in EB2 and I came here in 2004. I know what I'm getting into and it's my decision so I won't fret about it or get depressed. GC is just a document, it should not define you or your life.

    Enjoy time with your Family, wife, kids - it's priceless.....a new sports car will also help. Life is a great gift and will have ups and downs....don't let GC define who you are. I rejected filing in EB3 3 years back with a big 4 consulting firm and changed jobs. I also feel this "promotion" thing but I chose to be in that position. My friends in India are all PM's and Sr PM's.....they got what they chose.

    Life is decided by the choices we make, not GC. GC is just a document. Enjoy and celebrate life.

    My dear Mr. smuggymba -
    for your kind information, sorry for starting rats comparison here but I came to US about half a dozen years before you. my priority date is 2006 and EB3. also I recognize that there are ppl out there who came earlier than me too. Its very easy to preach 'Life is decided by choices we make', 'your luck/fate, success is decided by your own effort, talent', 'if you have it, ppl will notice it and you will succeed' etc. when you spend the most energetic, productive part of your life in a country, you would expect that country reward you with atleast opportunities to prove your mettle. not to say its immensely painful when ppl who came years and years after you get GC and grow leaps and bounds right in front of your eyes.
    P.S. I am not questioning your qualifications or anything.





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  • bhasky25
    02-10 09:09 PM
    Mr. GC_Rip,

    Your are definitely a EB2 worth candidate. A company willing to support you and a good attorney is all you want. There are plenty who have qualified for EB2 with these qualifications.

    Instead of MS, look for a good consultancy or a perm job which will do the trick for you. I do know/understand that it is hard to get consulting jobs and maintaining visa's for family members but look at the bright side, labor nowadays takes only about 3 weeks and 140 if you apply through PP, then you are talking 2 weeks again. You have a possibility to get out of this mess.

    If kids from college gets into EB2 and gets GC in two years, You sure do sir...

    OK now to members who think I am wrong can bash me but this is what I believe in, if a system can tie you down with stupid rules and no accountability on its workers, I am ok with a deserving candidate cutting the line ahead and getting his GC. Hail common sense.



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  • Macaca
    10-06 09:35 AM
    Macaca, don't get me started on your name

    Dr Ona stands out

    I wish they hadn't closed the blog, I wanted to post on there. I don't see any posts on the link you have provided for the H2B blog on WSJ. Am I looking in the right place?

    No one commented at this H2B blog. This blog appeared without an article as compared to the other which had an article + a blog. BTW, WSJ has more articles on H2B then on EB GC issues.

    Some blogs come and go like immigration bills on the Hill. Have writeups for all occasions.

    Mercury News blog (http://www.mercurynews.com/politics/ci_7091661#recent_comm) is still open. Blog your issues/opinions; needs account. Keep in mind that Mercury News has published EB GC articles but more articles won't hurt!





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  • terriblething
    06-12 12:20 PM
    In our pre-trial conference, we don't have chance to say any words in our case. Judge only asked my wife if she need no-contact or peaceful contact with me. My wife said no for either. But that DA still insist peaceful contact. Finally judge set peaceful contact for us.

    SO far my wife's police statement is only words from her. Definitely my wife support me, she even asked my attorney if she plead guilty to peace disturbance, is that possible to dismiss my battery charge. Sure I don't want to risk her for any bad record. I will say we are in good marriage although we play around all the time. (Definitely we much careful since that terrible event)

    Is that useful we find some witness, my wife's colleague and friends to demonstrate we are in good relationship?

    Thanks!!!

    Dude r u kidding? :eek:

    If your wife say's it was a bad joke, then the whole case is over?



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  • pointlesswait
    02-23 11:37 AM
    my dear.. pretentious pseudo middle class desi...
    i know ppl like you...
    you wear an armani to office but still carrying curd rice and pickel for lunch...
    you rejoice the success of slumDOG..with your liberal friends...with a martini glass filled with water..in hand..because ur amma told u not to drink alcohaal..;)

    according to u ...we are losers because we dont like being called a DOG in 21st century...

    if you want to wag ur skinny brown ass ..eveytime SlumDOG is uttered..thats ur problem..

    It took a richard attenborough to show case Gandhi and it took Danny Boyle to show case Rahman's talent. as simple as that.. people who cant rejoice at this moment are sore frigging losers. end of story. :D





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  • ras
    12-16 10:51 PM
    Yes you said it right. See if IV can come up with some provision to encourage those who have expressed to shell out only few dollars. It doesn't look good critisizing those who have expressed their geniune feelings.

    The question here is not asking the Poster to donate more but rather tell him the provisions to contribute less as well.
    No two individuals are at the same thinking level. so his thoughts are that he can contribute less frequently if allowed. So let him know how he can do that. There may be many in the same boat like him.

    For the sake of generating more funds, let IV act like collection agency and look at the member as a customer/defaulter(those fence sitters). Collection Agencies make all sorts of efforts and provisions to collect money from these people. Finally they end up some how getting the money paid. There could be a payment installments based on the capability, lesser or higher amount, reminders etc. I am not sure if this anology is good for IV or not. The ultimate goal is to generate funds with the willingness from the members...


    You gave perfect examples here. Let's take a close look.

    If you think the atterney fee worth $10, you wouln't hire an atterney asking for $6k. Samething with the restraunt check. Samething with IV contribution. If you think $100 is too high, you don't pay it. But if you think it worth $10 you simply ask for it, like everybody will do. Imagine a car saleman responds to his potential buyer's request to a lower price of a car with insulting remarks, he'll loose this customer and many more.

    And IV ALLOWED everyone ...? You went too far, pal.



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  • chanukya
    04-13 02:22 PM
    It will be intersting to see how Indian Economy will flare, which is essantially driven by Outsourcing, which will take the greatest hit.

    Remember Indian Economy's engine is outsourcing, once it starts to see the $ exchange pressure, forget about people coming to US, think of what will happen to standard of lving in Inida.

    Can India still maintain the new glow with dollar coming down , I doubt as the Govt of India has not made any big steps to make permanent changes to infrastructure set up.





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  • m306m
    08-02 12:48 PM
    gc101, if you are not able to get married before you you file your I485 (by Aug 17th). I would recommend that you file alone. these are my reasons for this recommendation:
    1) You have more options open to you for your wife after you file I485 (ie. throught family based categories, even though the wait time is 7 years).
    2) If you don't file now and have to wait for you PD to get current, with the current laws that might be close to 6-7 years. In this time you might get your GC and your citizenship too. After citizenship your wife can get her GC very quickly.



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  • waitingnwaiting
    05-31 08:25 AM
    ‘(C) Establishing cooperative interdisciplinary training between schools of nursing and schools of allied health, medicine, dentistry, osteopathy, optometry, podiatry, pharmacy, public health, or veterinary medicine, including training for the use of the interdisciplinary team approach to the delivery of health services.

    ‘(D) Integrating core competencies on evidence-based practice, quality improvements, and patient-centered care.

    ‘(E) Increasing admissions, enrollment, and retention of qualified individuals who are financially disadvantaged.

    ‘(F) Increasing enrollment of minority and diverse student populations.

    ‘(G) Increasing enrollment of new graduate baccalaureate nursing students in graduate programs that educate nurse faculty members.

    ‘(H) Developing post-baccalaureate residency programs to prepare nurses for practice in specialty areas where nursing shortages are most severe.

    ‘(I) Increasing integration of geriatric content into the core curriculum.

    ‘(J) Partnering with economically disadvantaged communities to provide nursing education.

    ‘(K) Expanding the ability of nurse managed health centers to provide clinical education training sites to nursing students.

    ‘(5) The school will submit an annual report to the Secretary that includes updated information on the school with respect to student enrollment, student retention, graduation rates, passage rates on the National Council Licensure Examination for Registered Nurses, the number of graduates employed as nursing faculty or nursing care providers within 12 months of graduation, and the number of students who are accepted into graduate programs for further nursing education.

    ‘(6) The school will allow the Secretary to make on-site inspections, and will comply with the Secretary’s requests for information, to determine the extent to which the school is complying with the requirements of this section.

    ‘(f) Reports to Congress- The Secretary shall evaluate the results of grants under this section and submit to Congress--

    ‘(1) not later than 18 months after the date of the enactment of this section, an interim report on such results; and

    ‘(2) not later than September 30, 2012, a final report on such results.

    ‘(g) Application- An eligible school of nursing seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require.

    ‘(h) Authorization of Appropriations- In addition to the amounts in the Domestic Nursing Enhancement Account, established under section 833, there are authorized to be appropriated such sums as may be necessary to carry out this section.

    ‘SEC. 833. DOMESTIC NURSING ENHANCEMENT ACCOUNT.

    ‘(a) Establishment- There is established in the general fund of the Treasury a separate account which shall be known as the ‘Domestic Nursing Enhancement Account’. Notwithstanding any other provision of law, there shall be deposited as offsetting receipts into the account all fees collected under section 106(f) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note). Nothing in this subsection shall prohibit the depositing of other moneys into the account established under this section.

    ‘(b) Use of Funds- Amounts collected under section 106(f) of the American Competitiveness in the Twenty-first Century Act of 2000, and deposited into the account established under subsection (a) shall be used by the Secretary of Health and Human Services to carry out section 832. Such amounts shall be available for obligation only to the extent, and in the amount, provided in advance in appropriations Acts. Such amounts are authorized to remain available until expended.’
    (c) Global Health Care Cooperation-

    (1) IN GENERAL- Title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.) is amended by inserting after section 317 the following:

    ‘SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING HEALTH CARE IN DEVELOPING COUNTRIES.

    ‘(a) In General- Notwithstanding any other provision of this Act, the Secretary of Homeland Security shall allow an eligible alien and the spouse or child of such alien to reside in a candidate country during the period that the eligible alien is working as a physician or other health care worker in a candidate country. During such period the eligible alien and such spouse or child shall be considered--

    ‘(1) to be physically present and residing in the United States for purposes of naturalization under section 316(a); and

    ‘(2) to meet the continuous residency requirements under section 316(b).

    ‘(b) Definitions- In this section:

    ‘(1) CANDIDATE COUNTRY- The term ‘candidate country’ means a country that the Secretary of State determines to be--

    ‘(A) eligible for assistance from the International Development Association, in which the per capita income of the country is equal to or less than the historical ceiling of the International Development Association for the applicable fiscal year, as defined by the International Bank for Reconstruction and Development;

    ‘(B) classified as a lower middle income country in the then most recent edition of the World Development Report for Reconstruction and Development published by the International Bank for Reconstruction and Development and having an income greater than the historical ceiling for International Development Association eligibility for the applicable fiscal year; or





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  • krishnam70
    03-13 05:29 PM
    let us start May 2009 predictions.

    EB3-I 2003 October

    Do you have any reason for just starting this thread? Anything you can do about the numbers moving by trying predict?

    Instead please focus on the efforts by IV core and support it in anyway you can so that we send out an united message.

    - cheers
    kris



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  • desi3933
    06-30 02:19 PM
    still something is wrong. USA does not descriminate based on country of birth, in this case there is a punishment for being born in india.

    I know, it is unfair and frustrating. But from legal point of view, you are mixing Employment Laws with Immigration Laws.


    .





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  • LostInGCProcess
    02-23 11:35 AM
    Only reason Attenborg's Gandhi was so magnificient is ...because it was an outsiders view on the life of gandhi...a less attached view of bapu's life.

    If a desi had made that movie he would be overcome with his personal view of gandhi..

    the movie on Gandhi is a masterpiece and slumdog is a piece of shit.

    Credits to rehman for being brilliant as usual...but deifinitely this is not his best.

    Slumdog made it to oscars only because a white dude directed it...if a Benegal or Mehra had directed it..it would never have made it past the shore..

    My question to all the white trash out there..why are they so fasinated/amused by the poverty in asia or developing country.

    Oh poor brown man..look he jumped into a pile of shit ...

    Slumdog was demeaning in its potrayal of desi's ... Boyel showed the grisly side of poverty..but he failed to mention abt the lakhpatis in Dharavi?

    I would have to agree with your point of view. But don't you think it time the Indian Government (with all the criminal politicians) would take a note of this and correct the image of India by at least starting some project to alleviate the problems for poor of the poorest? Don't you thing its high time that something is done about it?





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  • imneedy
    06-25 11:11 AM
    Guys,

    Could anybody please share the explanation letter required for AP? I am still on H1-B but do not intend to go for stamping. I would need only for emergency.

    Thanks


    krishna_brc posted it here (http://immigrationvoice.org/forum/showpost.php?p=257924&postcount=20)

    thank krishna_brc!





    Jaime
    09-22 08:13 PM
    This is an actual drain stopper....feel familiar???





    yebo123
    05-02 06:01 PM
    Great ideas in this thread :D. How about purchasing the nation of Mumbambo mentioned in the following news report:

    http://www.theonion.com/content/video/nation_of_andorra_not_in_africa



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