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  • h1techSlave
    04-30 04:58 PM
    I have a feeling that some positive will come out of this meeting. It might appear that USCIS is not understanding our plight. But they are made aware of our situation by this meeting. They sure will respond to our complaints.
    For all those who are upset with the House hearing, please take it easy. Please do not expect the hearing to discuss the details of each and every GC applicant's case. The objective of the hearing was to bring the folks involved in visa bulletins and GC processing, and make them all publically say and agree that Lofgren-Sensenbrenner bill will not flood the country with new people on the borders but at the same time since the federal agencies did not do their job properly, so it would make sense to recapture the visa numbers, and that's it.

    I think that this objective was achieved pretty handsomely without much opposition. So everybody was on the same page, other than Ranking member King, whose job in such meetings is to oppose whatever the committee chair is proposing. Rep. King did not have much to say as Rep. Sensenbrenner has co-sponsored the bill. Noticeably, Rep. Gutierrez supported the bill, which means Hispanic Caucus may not oppose it either, hopefully. So it was all good.




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  • Legal
    07-05 12:42 PM
    I called the congresswomen and senator from our constituencies. They do not have any idea what I am talking about. I think I made them more confused than ever.

    We need to come up with a letter format, which can be printed and send it to them by mail as well as we need to have web fax with a clear message.

    Dear Senator,
    I am an immigrant who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as green card for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get the green card for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, back logs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS).

    Several categories of EB immigrant visa numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, for many of us these delays have led to indentured servitude. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been shattered.

    For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant .visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date�, all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.

    This announcement by DOS on 6/13/2007 would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as job mobility, some freedom from the employer, work authorization for our spouses and a travel authorization known as �advance parole�. This authorization would allow us to travel outside US without fear of not being able to re-enter the country.

    We spent thousands of dollars in legal fees, immigration medical exams, vaccinations, blood tests, x-rays and getting various supporting documents ready to file our immigrant petitions to USCIS. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our native countries. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all our petitions would be rejected. Within a span of 2 weeks, to be precise -in 12 working days- USCIS claims to have approved 60,000 EB immigrant visa petitions. This unprecedented rapid action of USCIS has led to exhaustion of all the available visa numbers for this fiscal year. Meanwhile it is prognosticated that in the next fiscal year which begins on October 1, 2007 our plight and delays would actually worsen.

    Interestingly USCIS has never processed so many applications this fast, and it is unclear why they did not convey this potential exhaustion of visa numbers to DOS before June 13, 2007.

    For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.
    We sincerely seek immediate congressional/ legislative remedial measures which would
    (1) Reduce the enormous backlogs of green card petitions of legal skilled immigrants
    (2) Ensure and enable USCIS not to reject our immigrant visa petitions and give us interim benefits of a pending immigrant visa petition.

    I make this sincere request on behalf of all legal skilled immigrants with the hope that people who played by the rules will be rewarded.
    Yours Sincerely,




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  • makemygc
    07-06 05:39 PM
    I dont see anything about the law suit on OH site.

    Clear you cache by hitting CTRL + F5




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  • waitnwatch
    04-25 02:31 PM
    It sure seems that there a lot of frustrated people on a short fuse. Staying focused definitely helps because of both our limited resources and influence. One thing that should be considered though is the greater good. Lot's of things could help an individual's cause. If I had the power to change the law I would start of by issuing green-cards within a month of getting an H1-B. But I don't have the wishing well in my backyard. I wish one of us could locate one and that would be the end of all this confrontation!

    my two cents



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  • amitjoey
    07-05 05:08 PM
    Can you please tell me the senators office you called so that I can call them too ..:) more calls the better

    CALL your state senators. State senators are interested in listening from people who reside in their respective states, Cause they technically represent them. So they want to hear what affects their constituents.
    Call your state senators first, then call your house reps, (remember logfren is a house rep) and then the others.




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  • qplearn
    12-18 04:35 PM
    qplearn that was a good one. !!!!!!:)

    For the benefit of non-Indian members of our group. "-giri" is the slang for "-ism" in hindi(one of India's many languages.) So Gandhism translates to Gandhigiri....

    LOL I should have guessed that. My Hindi is getting rusty :(



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  • GCwaitforever
    06-30 01:30 PM
    Got my LC approved June 05 2006.
    Took only (!) 4 years from first application...

    DOL recevied: Dec 5, 2002.
    Got my 45 day letter in Feb 2005.
    EB3-RIR
    Filed in Philly DOL.
    3 others from the same company got theirs LC approved 2.5 years ago and 2 of them have their green card since a year ago. And Im the only one with a US masters degree. Great system...

    Congratulations and good luck with remaining stages in GC. Believe me, we need lots of luck not to get stuck in other stages. I am still waiting ever since filing labor petition in November 2001.




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  • HV000
    07-23 12:42 PM
    DEMOCRATIC SENATORS like Hilary, Biden, Obama, Kerry, Kennedy,
    Dodd, Durbin blah blahed a lot for ILLEGAL IMMIGRATION but DID NOT HELP SKILLED IMMIGRANTS!!!

    MOST OF THE REPUBLICANS HELPED US!!



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  • skoveta
    06-23 03:38 PM
    those are not the cases of India....




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  • chanduv23
    06-10 06:21 AM
    multiple year eads & ap - may or may not happen
    visa recapture - no chance
    visa increase - will not happen

    still contribute??

    What we are trying to achieve is not easy. If you are involved more closely with IV leadership - you will understand the hardships being faced at every stage.
    Issues can only be resolved if we are a strong voice, and thats what we all want to be. It takes time and we have to be patient. We are in a lot better shape than we were sometime back.



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  • Green.Tech
    06-04 02:11 PM
    Thanks to all who contributed...

    Others...wake up!




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  • indianabacklog
    07-28 10:32 PM
    Age Out Issue for filing I-485: Gurus, please advise me on the age out issue of my son.
    (1) Dates & Calculations effecting filing I_485: Here are the dates and the calculations I did which result in effective age of �21 yrs + 1 month + 1 day� thus making it Age-out issue for filing for I-485 for my son.

    (A) Priority date : Nov, 2005
    (B) I-140 receipt : 2/22/2006 I-140 approval : 3/22/2006
    (C) I-140 pending period : One month (too fast where it was not a help!)
    (I-140 was approved in my son�s 20th year � however, I learned that it is not of any help for filing his I-485)
    (D) Applied for I-485 (for rest of family � not for son) (Thanks to IV) : First week of July 2007
    (E) DOB of son : 3/30/1986
    (F) Currant age : 21 yrs + 4 months (Currently on F1 and doing his under grad in US)
    (G) Date to be considered for determining the age for filing I-485 : 6/1/2007
    (since the monthly bulletin is released on 6/12/2007)
    (H) Age as on above date (6/1/2007) : 21 yrs + 2 month + 1 day
    (I) Benefit from CSPA :(I-140) pending days (C) : 1 month
    (J) Effective age for filing I-485 during current window : (H) � (J) : 21 yrs + 1 month + 1 day
    (2) Since, he aged out for filing for I-485 (also based on attorney�s calculation), his papers were not included and only papers for rest of the family were filed in July, 2007. Friends, is there any other interpretation of CSPA � which could be helpful in this scenario?

    (3) Other Particulars (which could potentially offer any other solution / advice): I am from India and in US from sep 1998 (change of employer forced me to restart my GC process) and my son entered USA in Oct 1999 at his 13 � yrs and stayed continuously & studied in USA from 9th standard. Currently, he is in final yr of under graduate study and is on F1 visa from March 2007 (after completing 21 yrs) paying high (2.5 times the instate fee) international student fee.

    (4) Can I do any thing in the current window when dates are current (until 8/17/07): Friends, if there is any way of filing his I-485, it will be of great help � since he could continue his graduate study at reasonable cost (at instate tuition fee). Are there any other options in this situation? Is there any possibility of I-485 getting receipted (if filed) � since he is supposed to have his PD frozen for his application for family based I-485 at parent�s PD (if applied with in one year of parent�s I-485?) (I am referring to a clause in CSPA � which states that the application will automatically be converted to family based I-485 if applied with in one year � Of course, these dates are not current now).

    (5) I am not aware of how many others are affected with age-out issue in EB based cases. Can we come together through IV and identify potential action items? Can IV and immigration community help in addressing the age-out issue in bills proposed to be introduced (like DREAM / SKILL etc�) now on� (Particularly since the percentage of affected people may be very low with less voice that could be heard). I am thankful to IV & the core team for their extraordinary efforts and shall be contributing my part shortly.

    Sorry for the long note � I thought the complexity of the issue needs it.

    Thx GCVir
    I am sorry to hear about another child aging out. Those not affected can not imagine the anguish it causes. I also had to start my green card a second time because my first I140 application was denied. I have tried every which way to find a way round this issue. Constantly posting every time another person posts on this situation. IV to this point do not seem to be motivated to address this. While the parents on here will eventually get their green cards, these adult children lose their path. In reality these children are the real victims of labor backlogs and retrogression and it would be useful to use these instances to illustrate the misery that results from the backlogs and waiting periods. I am not down playing the plight of spouses who have to wait to be able to work, since my husband has been waiting (not always patiently) for eight years, so do understand this side of the problem as much as anyone else.

    Please IV see this issue for what it is and that is a very real human issue that is destroying families. It could be used to everyone's advantage and highlight the human side of the broken employment based immigration system.



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  • meridiani.planum
    12-13 11:41 PM
    What are the chances for the PD moving to Mid 2007 by end of 2010 ? :(

    are you referring to EB2-India? Without any legislative or administrative changes the chances of reaching 2007 next year are pretty much zero IMO.

    If I were to play the prediction game, based on the stats that USCIS released and their own statements in this months VB, this is what I would guess [Q1 meaning Jan-Feb-March: calendar quarter, not USCIS quarter which runs from Sept]:

    - Q1 2010 : EB2-I reaches Feb and or early March

    >> Reasoning: its already at Jan-end and there are tons of cases in March. because PERM was about to start from April 2005, lots and lots of companies pushed and filed for labor in March. So Jan will be crossed and most likely Feb also. But March is a big hump to cross.

    - Q2 2010 : EB2-I goes "unavailable". Probably in May, or in June

    >> EB2-India should exhaust its annual quota for the quarter well within the cases from Jan/Feb/early-March. So now the VB would go unavailable.

    - Q3 2010 : EB2-I goes to April/May/June-2005 in July, then Dec 2005 by Sept VB.

    >> the big spillover of visa starts. Note that spillover has not yet happened. THere is speculation at this point, but traditionally whenever there is spillover (look at last 3 years VB) India and China have the same PD because thats how the visas can spill over equally to both of them. The state dept's own prediction is dates will reach December and thats likely. Note that in their prediction (in the VB) dates for India and China are identical as is expected when spillover takes place. This is the time when the big bump of cases at March should get levelled out.

    - Q4 2010 : EB2-I goes to Oct 2005

    >> 6 months past PERM the number of filings had picked up again, so based on the EB-I pending cases stats come October 2010 the date should roll back to October 2005. Spillover wont be in effect and India will be back to its annual 7% limit.

    - Q1 2011 : EB2-I goes to Dec 2005

    >> dates will creep along slowly/

    - Q2 2011 : Dec-2005 or 'U'.

    >> same story: India quickly exhausts its annual quota, and must now wait for spillover.

    - Q3 2011 : EB2-I goes to March/June 2006

    >> spillover happens, but unlike earlier there are lots and lots of cases from 2005-end to first half of 2006. So even with spillover the dates are unlikely to go past June 2006.




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  • add78
    07-11 02:51 PM
    "Demand for numbers will result in the Employment Third preference Other Worker category reaching the annual FY-2008 numerical limit. As a result, this category will become “unavailable” beginning in August and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and the Employment Third preference Other Worker cut-off date will return to 01JAN03 in October, the first month of the new fiscal year."

    Question is how long will it stay 01Jan03?

    My PD is feb 03 :mad:
    They are talking about the EB-3 Other Worker category, NOT EB-3 India (one row below EB-3-I in the bulletin)
    If you see July bulletin http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
    the EB-3 - Other Worker was 01Jan03 which is now U in August bulletin
    http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html



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  • anurakt
    01-03 01:49 PM
    I have somebody in my family who is suffering from an incurable disease , thus I wan't to stay in this country till a medicine comes out. This country is known as the pioneer in the reserach of medicines . It may take 10 years for it to be in market but it may take another 25 years to be in India. I have been working with lot of pharmatuticals firms which may come out with a treatment.

    GC is not important to me for money ! Never. I want to make sure that my family member gets the best treatment available in the world.




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  • gcpain
    04-25 04:41 PM
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  • vaishnavilakshmi
    08-07 12:15 PM
    hi all,

    USCIS has edited the reciept update of NEBRASKA EMPLOYMENT BASED I-485 TO 7/1/07.please go thru this link.This means it is still looking after the june end applications for reciepts.

    http://www.uscis.gov/files/pressrelease/ReceiptingTimes080307.pdf

    vaishu




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  • nixstor
    04-30 03:03 PM
    Lofgren asked one of the best Q of the day.

    What is CIS doing to improve utilization rate of visa numbers this year?

    Aytes says USCIS and DOS are talking every week to improve utilization.

    Time will tell what happened

    turned over to Steve King ranting is going to start. Talking about his own numbers :)




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  • singhsa3
    07-20 01:19 PM
    For my career sake, I hope you are right!
    H1Bs taken care by California and Vermont centers. 485, 131 and 765 are handled by Nebraska and Texas centers.

    Also, Nebraska is big and main center. They know how to handle load.

    Here are the EAD statistics (real numbers):

    Year Total received Approved
    2000 1,451,527 1,325,840
    2001 1,813,479 1,698,448
    2002 1,745,976 1,573,842
    2003 2,156,095 1,977,344
    2004 1,640,703 1,694,623
    2005 1,744,961 1,541,531
    2006 1,462,583 1,188,770

    By seeing above numbers, you can see how USCIS handles load of millions of EAD applications every year. so, 600K is not a surprise for them. In 2003, they got more 2 million applications, but they handled well. But it may be take one or two months extra, i.e. 3+2 = 5 months maximum to get your EAD. Thats for sure. They will be prepared for that when you they allow us to file.

    If you already applied for EAD now, then you will for sure have a EAD by December.




    skv
    08-12 02:55 PM
    Hi Lonedesi and team,

    I wish, I could move forward on this, unfortunately my employer a financial firm , will not sign or support the DHS Form 7001 due to legality, instead I can just send the letter by E-mail or mail to Ombudsman's office ?

    Does it make sense ? Please advise.

    Thank you!




    ashutrip
    06-21 01:41 PM
    I agree with you 100%... no point in being paranoid about what can happen ... if it does we will find a way to deal with it
    -M
    I am just hoping we do not mis the July Bus :cool:



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