GC_SUCK
10-17 01:56 PM
I am finally moving to canada in 2-3 months. Deadline for landing is March 3rd 2007.
I am done with US Green Card and can not take this stress any more. Starting to sell my house and other stuff soon.
I am done with US Green Card and can not take this stress any more. Starting to sell my house and other stuff soon.
wallpaper Blake Lively, Penn Badgley
roseball
06-28 08:27 PM
June 28, 2007
USCIS: RUMORS OF EARLY VISA RETROGRESSION
Late Wednesday, rumors emerged that the USCIS may attempt to retrogress the July immigrant visa numbers early in July and reject I- 485 (adjustment of status) applications filed early in the month. USCIS has taken such action already with respect to the �other worker� visa category involving non-professional workers.
Visa availability is based on the U.S. Department of State Visa Bulletin, which is published monthly, not on a rolling basis. If USCIS cuts off visa numbers in mid-month, this would be a clear violation of Federal law and agency policy. If the USCIS were to take this arbitrary action, it would cause significant problems for applicants and employers alike.
If USCIS cuts off applications on a certain date in early July, this will most likely occur without advance warning. In that case, not all applications will be accepted for processing. Be aware that that USCIS will reject an application unless it contains certain minimum supporting documents. For I-485 applications, minimum documents include a completed medical examination and birth certificates (or secondary evidence of birth, which must meet specific USCIS requirements). Applications for dependent spouses must include a marriage certificate. We strongly recommend that I-485 applicants obtain these and other requested documents as soon as possible. Until further notice, please do not plan to travel internationally during the month of July.
We will work as hard and as diligently as possible to get I-485 applications filed quickly. This will require active cooperation by all applicants to obtain needed documents. Again, please understand that the proposed USCIS action is just rumor at this point, but if the USCIS takes such action, it will likely be without warning. Further, it is possible that there could be retroactive rejections of applications once filed. Unfortunately, this is all we know at this time. We do not know when and if any such actions will occur; we will also not know immediately which, if any, cases are rejected once they have been submitted.
The attorneys at XXXXX are shocked and disappointed that the government could take such ill-thought and arbitrary steps and we will work to fight any illegal action by the USCIS. We are continuing to monitor the USCIS� actions and will provide updates as they become available
USCIS: RUMORS OF EARLY VISA RETROGRESSION
Late Wednesday, rumors emerged that the USCIS may attempt to retrogress the July immigrant visa numbers early in July and reject I- 485 (adjustment of status) applications filed early in the month. USCIS has taken such action already with respect to the �other worker� visa category involving non-professional workers.
Visa availability is based on the U.S. Department of State Visa Bulletin, which is published monthly, not on a rolling basis. If USCIS cuts off visa numbers in mid-month, this would be a clear violation of Federal law and agency policy. If the USCIS were to take this arbitrary action, it would cause significant problems for applicants and employers alike.
If USCIS cuts off applications on a certain date in early July, this will most likely occur without advance warning. In that case, not all applications will be accepted for processing. Be aware that that USCIS will reject an application unless it contains certain minimum supporting documents. For I-485 applications, minimum documents include a completed medical examination and birth certificates (or secondary evidence of birth, which must meet specific USCIS requirements). Applications for dependent spouses must include a marriage certificate. We strongly recommend that I-485 applicants obtain these and other requested documents as soon as possible. Until further notice, please do not plan to travel internationally during the month of July.
We will work as hard and as diligently as possible to get I-485 applications filed quickly. This will require active cooperation by all applicants to obtain needed documents. Again, please understand that the proposed USCIS action is just rumor at this point, but if the USCIS takes such action, it will likely be without warning. Further, it is possible that there could be retroactive rejections of applications once filed. Unfortunately, this is all we know at this time. We do not know when and if any such actions will occur; we will also not know immediately which, if any, cases are rejected once they have been submitted.
The attorneys at XXXXX are shocked and disappointed that the government could take such ill-thought and arbitrary steps and we will work to fight any illegal action by the USCIS. We are continuing to monitor the USCIS� actions and will provide updates as they become available
sunny1000
12-13 03:30 PM
The OP was whether the country quota is constitutional. My interest was to find out if the current laws and regulations are violated by the country quota.
As lazycis pointed out, SC seems to uphold the current situation.
I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.
To change the law, we as IV are lobbying and meeting lawmakers already.
Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.
You are right. The courts have long taken a position wherein they give a lot leeway to the Congress and the Executive when it comes to Foreign policy and immigration definitely falls under foreign policy.
As lazycis pointed out, SC seems to uphold the current situation.
I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.
To change the law, we as IV are lobbying and meeting lawmakers already.
Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.
You are right. The courts have long taken a position wherein they give a lot leeway to the Congress and the Executive when it comes to Foreign policy and immigration definitely falls under foreign policy.
2011 Blake Lively and Penn Badgley
BharatPremi
12-13 09:40 PM
As you use the phrase Check Mate....
Chess is all about thinking strategically several moves ahead.
Given the current political climate on immigration I think that we will be in a check mate position (on the loosing end) if we pursue that road.
The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing. If we lost in lower courts the Supreme Court would probably refuse to hear the appeal, in the mean time we'd have just stirred up the anti's hornets nest against us, just as much if not worse than against the illegals.
Asking Congress to make small changes in the existing laws annoys the anti's. Telling them or forcing them to wholesale rewrite their laws would make us public enemy #1. We would be lucky to have more than a handful of law makers willing to stand up for us. It would kill off all lobbying ability.
Think of lobbying as polite negotiation.
Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.
I would rather negotiate than fight, I would rather lobby than court challenge.
So yes, check mate, if we follow this route.
Alternatively, a British phase: Royally screwed!
It make sense to use the wisdom tooth and be practical. But even with lobbying we will still have cat (Anti's)... no way to bell it?
Chess is all about thinking strategically several moves ahead.
Given the current political climate on immigration I think that we will be in a check mate position (on the loosing end) if we pursue that road.
The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing. If we lost in lower courts the Supreme Court would probably refuse to hear the appeal, in the mean time we'd have just stirred up the anti's hornets nest against us, just as much if not worse than against the illegals.
Asking Congress to make small changes in the existing laws annoys the anti's. Telling them or forcing them to wholesale rewrite their laws would make us public enemy #1. We would be lucky to have more than a handful of law makers willing to stand up for us. It would kill off all lobbying ability.
Think of lobbying as polite negotiation.
Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.
I would rather negotiate than fight, I would rather lobby than court challenge.
So yes, check mate, if we follow this route.
Alternatively, a British phase: Royally screwed!
It make sense to use the wisdom tooth and be practical. But even with lobbying we will still have cat (Anti's)... no way to bell it?
more...
sivasiva
03-26 10:06 AM
gururs,
Is it possible to substitute labor as future employee?
Thanks
Is it possible to substitute labor as future employee?
Thanks
BharatPremi
05-19 09:33 PM
http://books.google.com/books?id=i4b6xmZI_XoC&dq=would+India+help+Sri+lanka+tamils&printsec=frontcover&source=in&hl=en&ei=plUTSsCPFoS08ASj_LCIBA&sa=X&oi=book_result&ct=result&resnum=13#PPA34,M1
more...
Aah_GC
08-15 09:54 PM
I warn you not to start the Muslims vs rest debate here....I would say most (not all) people are fanatics will do any attrocity in the name of religion. Blame it on your fellow fanatics for this mess. Yes, you need to pay the price for 9/11. DHS and TSA are created to protect the innocent civilian and its their duty. If you dont like dont come to USA.
What SRK - global icon you are talking about. He is not a leader of the nation...he is just an actor. He might be a god for you and he does not need to be the same for others. Think logically everyone is coming here with invitation only. For the IO at POE, he is just a visitor and if needed should be treated in the same way like any other visitor. When it happened to Mr.Kalam, yes we need to protest as he was a former Head of State. But that Noble person did not even speak about it. But this poor SRK saying his self-respect is hurt. What a loser.
Also I expressed to take the "Global icon" tag out of the picture and focus on the system itself. Make sure you read and understand posts before rhetorical reactions.
What SRK - global icon you are talking about. He is not a leader of the nation...he is just an actor. He might be a god for you and he does not need to be the same for others. Think logically everyone is coming here with invitation only. For the IO at POE, he is just a visitor and if needed should be treated in the same way like any other visitor. When it happened to Mr.Kalam, yes we need to protest as he was a former Head of State. But that Noble person did not even speak about it. But this poor SRK saying his self-respect is hurt. What a loser.
Also I expressed to take the "Global icon" tag out of the picture and focus on the system itself. Make sure you read and understand posts before rhetorical reactions.
2010 Blake Lively and Penn Badgley
chanduv23
08-17 12:10 PM
So, lets stop this here :)
SRK says - it is a procedure but it isn an unfortunate procedure. Which in my opinion is true.
I did go through secondary inspection once in Atlanta, GA back in 2004 and it was kinda absurd. My name did not flash on computer but here is what this officer told me "Something wrong with the Chennai computer they have not uploaded your visa information. Did you really get this visa from Chennai Consulate?". Well, being a software engineer, I did understand that it is a system glitch but what can I do? I showed him my i 797 and all documents including EVL etc..... and he said i have to go through secondary inspection. Then at thesecondary inspection they asked me if I picked my luggage, I was taken aback because u r allowed to pick luggage only after the clearance and I said "no". they had a separate "officials only elevator" to baggage claim and asked me to go through that and bring my baggage and I did that. They asked me to open my bags and I did that. Then asked me which service center approved my h1b visa? I said texas. they looked up on their computer for a while and then took my i 797, tore the i 94 portion folded it and stapled it along with the white i 94 card and said I can go. But I decided to get some clarification and I politely asked the officer, why did I have to go through this? She politely said "It is a process". I asked why did she tear the i 94 portion of my i 797 and staple it to my passport? Do I have to keep it and what is the significance. She wanted to get me off her shoulder without asking questions and said "Yes, it has to be there, it is a proof, thank you and do let me know if you have any more questions" and smiled.
While we all debate that procedures are followd in best interests of national security, at times we must also understand what these procedures are and how do they help.
Some argued that because of tight security another 9/11 could be averted.
Some argued that SRK is no VIP.
In my opinion SRK is "no matter what" a star and an icon. Those who trash him, must understand that people like him have capabilities that u or I lack and thest why he is such a star. They can win hearts of people "children, adults, youth" they can entertain you and make you happy and on top of it al for them it is life and career path and they are best possible candidates for ambassadors for anything ranging from peace to disease to unity etc.... everything because of their charm.
SRK managed to get DHS officials to speak and atleast give a statement which we as a community never managed to but we accept all this as part of life and think why should this guy not be treated like us.
Folks - it is not easy to become a star and gain all this popularity - it is challenging which includes a lot of dedication, efforts, luck, timing and so many different things people have to do. Life of stars is not that rosy as they "smile" and wave to people. For them every minute and second is a challenge - they are not like American Lawyers or Doctors who have ABA or AMA who control the flow and competition always keep theem rich.
The world is a small place and we all have to wake up to reality. Prof Gates gained such traction because he was having contacts with the president. Now if not for his incident, and not for the President vouching for him we would accept "it is how things are and live with it"
We accept everything and say "it is how things are" at workplaces, or anywhere we put ourselves down and say "It is a part of culture" we have to live with it.
The issue with us all is "We are highly educated and talented" but we never learned those lessons in schools where we stand up for causes - we are ready to blame and bash the victim - this is what exactly we do because first thing - we do not respect a victim, as it is not "us" and when it happens to us - we tend to live with it and not discuss it or do something about it.
So folks lets stop it here. Stop blaming SRK or CBP. If you do not want to see his movie, no one is forcing you to.
Things do happen for a reason, and it all depends to how you face situations like this in your life. Look at such incidents to get an idea of how to deal with things.
SRK says - it is a procedure but it isn an unfortunate procedure. Which in my opinion is true.
I did go through secondary inspection once in Atlanta, GA back in 2004 and it was kinda absurd. My name did not flash on computer but here is what this officer told me "Something wrong with the Chennai computer they have not uploaded your visa information. Did you really get this visa from Chennai Consulate?". Well, being a software engineer, I did understand that it is a system glitch but what can I do? I showed him my i 797 and all documents including EVL etc..... and he said i have to go through secondary inspection. Then at thesecondary inspection they asked me if I picked my luggage, I was taken aback because u r allowed to pick luggage only after the clearance and I said "no". they had a separate "officials only elevator" to baggage claim and asked me to go through that and bring my baggage and I did that. They asked me to open my bags and I did that. Then asked me which service center approved my h1b visa? I said texas. they looked up on their computer for a while and then took my i 797, tore the i 94 portion folded it and stapled it along with the white i 94 card and said I can go. But I decided to get some clarification and I politely asked the officer, why did I have to go through this? She politely said "It is a process". I asked why did she tear the i 94 portion of my i 797 and staple it to my passport? Do I have to keep it and what is the significance. She wanted to get me off her shoulder without asking questions and said "Yes, it has to be there, it is a proof, thank you and do let me know if you have any more questions" and smiled.
While we all debate that procedures are followd in best interests of national security, at times we must also understand what these procedures are and how do they help.
Some argued that because of tight security another 9/11 could be averted.
Some argued that SRK is no VIP.
In my opinion SRK is "no matter what" a star and an icon. Those who trash him, must understand that people like him have capabilities that u or I lack and thest why he is such a star. They can win hearts of people "children, adults, youth" they can entertain you and make you happy and on top of it al for them it is life and career path and they are best possible candidates for ambassadors for anything ranging from peace to disease to unity etc.... everything because of their charm.
SRK managed to get DHS officials to speak and atleast give a statement which we as a community never managed to but we accept all this as part of life and think why should this guy not be treated like us.
Folks - it is not easy to become a star and gain all this popularity - it is challenging which includes a lot of dedication, efforts, luck, timing and so many different things people have to do. Life of stars is not that rosy as they "smile" and wave to people. For them every minute and second is a challenge - they are not like American Lawyers or Doctors who have ABA or AMA who control the flow and competition always keep theem rich.
The world is a small place and we all have to wake up to reality. Prof Gates gained such traction because he was having contacts with the president. Now if not for his incident, and not for the President vouching for him we would accept "it is how things are and live with it"
We accept everything and say "it is how things are" at workplaces, or anywhere we put ourselves down and say "It is a part of culture" we have to live with it.
The issue with us all is "We are highly educated and talented" but we never learned those lessons in schools where we stand up for causes - we are ready to blame and bash the victim - this is what exactly we do because first thing - we do not respect a victim, as it is not "us" and when it happens to us - we tend to live with it and not discuss it or do something about it.
So folks lets stop it here. Stop blaming SRK or CBP. If you do not want to see his movie, no one is forcing you to.
Things do happen for a reason, and it all depends to how you face situations like this in your life. Look at such incidents to get an idea of how to deal with things.
more...
narendra_modi
01-15 01:11 PM
It wont be an issue since you already gor your GC or I-485 filed. I failed to understand still what you are doing here.
If one filed I-485, isn't employee-employer relationship comes under a questionmark? what if that company is closed ? And if this memo is implemented, most of the GC filing IT Inc. will be shut down sooner and hence will be a big mess..they are the ones who are supporting for their GC.
If one filed I-485, isn't employee-employer relationship comes under a questionmark? what if that company is closed ? And if this memo is implemented, most of the GC filing IT Inc. will be shut down sooner and hence will be a big mess..they are the ones who are supporting for their GC.
hair Penn Badgley Actors Penn
garybanz
12-13 04:28 PM
Folks,
Since this can potentially be a great win for us, why don't we take the advice of a top constitutional attorney. I am sure the attorney will be able to tell us if we have a case. As for the cost, I think an hours time of any attorney will be peanuts compared to what we can afford.
What say LogicLife?
Thanks.
Since this can potentially be a great win for us, why don't we take the advice of a top constitutional attorney. I am sure the attorney will be able to tell us if we have a case. As for the cost, I think an hours time of any attorney will be peanuts compared to what we can afford.
What say LogicLife?
Thanks.
more...
rsdang1
08-18 02:48 PM
Excellent reply.
Guys,
In my humble opinion this is the best thing that could have happened!!! I feel bad for Mr. Khan suffering like a common man for a while but his suffering brought to light what we have to deal with every time we travel...
I think extreme cases bring home the point so I would encourage Indian government and the governments of all the south asian countries to take this up with the USCIS / Home land security and ask them to educate their staff...
Peace
Guys,
In my humble opinion this is the best thing that could have happened!!! I feel bad for Mr. Khan suffering like a common man for a while but his suffering brought to light what we have to deal with every time we travel...
I think extreme cases bring home the point so I would encourage Indian government and the governments of all the south asian countries to take this up with the USCIS / Home land security and ask them to educate their staff...
Peace
hot Penn Badgley Connor Paolo
JazzByTheBay
07-03 07:05 PM
Posting here as asked by Pappu:
------
Hi Jessie,
I am contacting you today regarding the recent chain of events concerning employment-based immigrants.
I am positive you are aware of the recent debacle skilled professionals waiting for years in the immigration backlog have sufferred thanks to the Dept of State and the USCIS.
Some Facts:
- On June 13, DoS announced the July Visa Bulletin which made visa numbers available for all categories of employment-based immigrant visas, for all countries of chargeability. The July Visa Bulletin made all categories for all countries "CURRENT", giving a ray of hope to skilled professionals waiting in line for years to get a green card.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2ftravel.state.gov%2fvis a%2ffrvi%2fbulletin%2fbulletin_3258.html)
- Faced with this news, applicants and their families spent significant time and resources to put together the required documentation in a very short time, in many cases procuring important documents from their home countries and getting them couriered at considerable expense; and having family members like spouses and children fly in to the U.S. to be able to apply for a green card. Thousands of dollars were spent on this, and on the required medical checkups, and in many cases lawyers' fees, in order to submit the applications for the final stage of green card - Adjustment of Status (AOS), by filing Form I-485 by end of June so it reaches USCIS by July 2.
- Once a Visa Bulletin for the next month is announced, USCIS accepts all applications to adjust status that are received in that month. They may not have enough visa numbers for all applications received, and as such are not bound to actually issue green cards to all applicants in the month. However, applicants and their family members can receive interim benefits after filing e.g.:
1. Employment Authorization (EAD): This is particularly important for spouses, who are often unable to work because they are on H4 visas, and do not belong to specialized occupations that would entitle them to get an H1B visa.
2. Advanced Parole: Allowing applicants to travel freely.
3. Portability: Allows applicants to change employers 180 days after filing AOS, if the new job is the same as the one they based their positions/original green card applications on. This is very important for most professionals, who are bound to a particular employer for years during the green card processing, marred by its delays and complexity.
- Early on July 2, the first day when USCIS started receiving applications for AOS, the Dept of State announced an updated Visa Bulletin, stating that USCIS has issued extraordinary number of immigrant visas (60,000) for employment-based immigrants (between the July 2007 Visa Bulletin announcement on June 13 and end of June = June 29), thus running out of any available visa numbers for the rest of the year!
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2ftravel.state.gov%2fvis a%2ffrvi%2fbulletin%2fbulletin_3263.html)
- Following that, displaying amazing coordination, USCIS posted an update on its web site stating any AOS applications receivedi n the month of July will be rejected, effective immediately (July 2).
http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.uscis.gov%2ffiles% 2fpressrelease%2fVisaBulletin2Jul07.pdf)
In effect, this closed the available window for filing AOS applications - the entire month of July - even before it opened!
- The fact that a Visa Bulletin gets updated mid-month is unprecedented.
- The fact that the USCIS processed and adjudicated roughly the same number of AOS applications in about 15 days as they have done in the previous 10 months is both alarming and shocking!
- The American Immigrant Law Foundation is considering a class-action lawsuit agains USCIS/DoS.
- Immigration Voice (www.immigrationvoice.org (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.immigrationvoice.o rg%2f)), an organization of skilled professionals/documented immigrants is considering the same.
- Here's a Press Release from ImmigrationVoice.org:
http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.prlog.org%2f100226 48-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html)
- Also of interest, the following blog post by immigration lawyer Greg Siskind:
Full-Blown Scandal
http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fblogs.ilw.com%2fgregsi skind%2f2007%2f07%2ffull-blown-scan.html)
- Congresswoman Zoe Lofgren has issued a statement against this move, and written to both USCIS and DoS:
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808 (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2flofgren.house.gov%2fPR Article.aspx%3fNewsID%3d1808)
- Following link is from Forbes, a wire story by AP that got picked up by many media outlets in the last 24 hours:
Legal Workers Lose Chance at Green Cards
http://www.forbes.com/feeds/ap/2007/07/02/ap3879453.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.forbes.com%2ffeeds %2fap%2f2007%2f07%2f02%2fap3879453.html)
Hoping you will be able to highlight the plight of tens of thousands of such folks who got their single glimmer of hope taken away from them in a flash, before it even became available. (Ironically, all this happened whilst in the background lawmakers were considering legalizing 12-20 million undocumented immigrants.)
Thanks,
------
Hi Jessie,
I am contacting you today regarding the recent chain of events concerning employment-based immigrants.
I am positive you are aware of the recent debacle skilled professionals waiting for years in the immigration backlog have sufferred thanks to the Dept of State and the USCIS.
Some Facts:
- On June 13, DoS announced the July Visa Bulletin which made visa numbers available for all categories of employment-based immigrant visas, for all countries of chargeability. The July Visa Bulletin made all categories for all countries "CURRENT", giving a ray of hope to skilled professionals waiting in line for years to get a green card.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2ftravel.state.gov%2fvis a%2ffrvi%2fbulletin%2fbulletin_3258.html)
- Faced with this news, applicants and their families spent significant time and resources to put together the required documentation in a very short time, in many cases procuring important documents from their home countries and getting them couriered at considerable expense; and having family members like spouses and children fly in to the U.S. to be able to apply for a green card. Thousands of dollars were spent on this, and on the required medical checkups, and in many cases lawyers' fees, in order to submit the applications for the final stage of green card - Adjustment of Status (AOS), by filing Form I-485 by end of June so it reaches USCIS by July 2.
- Once a Visa Bulletin for the next month is announced, USCIS accepts all applications to adjust status that are received in that month. They may not have enough visa numbers for all applications received, and as such are not bound to actually issue green cards to all applicants in the month. However, applicants and their family members can receive interim benefits after filing e.g.:
1. Employment Authorization (EAD): This is particularly important for spouses, who are often unable to work because they are on H4 visas, and do not belong to specialized occupations that would entitle them to get an H1B visa.
2. Advanced Parole: Allowing applicants to travel freely.
3. Portability: Allows applicants to change employers 180 days after filing AOS, if the new job is the same as the one they based their positions/original green card applications on. This is very important for most professionals, who are bound to a particular employer for years during the green card processing, marred by its delays and complexity.
- Early on July 2, the first day when USCIS started receiving applications for AOS, the Dept of State announced an updated Visa Bulletin, stating that USCIS has issued extraordinary number of immigrant visas (60,000) for employment-based immigrants (between the July 2007 Visa Bulletin announcement on June 13 and end of June = June 29), thus running out of any available visa numbers for the rest of the year!
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2ftravel.state.gov%2fvis a%2ffrvi%2fbulletin%2fbulletin_3263.html)
- Following that, displaying amazing coordination, USCIS posted an update on its web site stating any AOS applications receivedi n the month of July will be rejected, effective immediately (July 2).
http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.uscis.gov%2ffiles% 2fpressrelease%2fVisaBulletin2Jul07.pdf)
In effect, this closed the available window for filing AOS applications - the entire month of July - even before it opened!
- The fact that a Visa Bulletin gets updated mid-month is unprecedented.
- The fact that the USCIS processed and adjudicated roughly the same number of AOS applications in about 15 days as they have done in the previous 10 months is both alarming and shocking!
- The American Immigrant Law Foundation is considering a class-action lawsuit agains USCIS/DoS.
- Immigration Voice (www.immigrationvoice.org (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.immigrationvoice.o rg%2f)), an organization of skilled professionals/documented immigrants is considering the same.
- Here's a Press Release from ImmigrationVoice.org:
http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.prlog.org%2f100226 48-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html)
- Also of interest, the following blog post by immigration lawyer Greg Siskind:
Full-Blown Scandal
http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fblogs.ilw.com%2fgregsi skind%2f2007%2f07%2ffull-blown-scan.html)
- Congresswoman Zoe Lofgren has issued a statement against this move, and written to both USCIS and DoS:
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808 (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2flofgren.house.gov%2fPR Article.aspx%3fNewsID%3d1808)
- Following link is from Forbes, a wire story by AP that got picked up by many media outlets in the last 24 hours:
Legal Workers Lose Chance at Green Cards
http://www.forbes.com/feeds/ap/2007/07/02/ap3879453.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.forbes.com%2ffeeds %2fap%2f2007%2f07%2f02%2fap3879453.html)
Hoping you will be able to highlight the plight of tens of thousands of such folks who got their single glimmer of hope taken away from them in a flash, before it even became available. (Ironically, all this happened whilst in the background lawmakers were considering legalizing 12-20 million undocumented immigrants.)
Thanks,
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alterego
12-13 05:14 PM
This problem has arisen out of a desire for the labor but not wishing to give the immigration benefits due to concerns which are not always convenient or comfortable to state.
If H1b was also a quota system, this would all be a moot discussion. Since it is not, and we have an unlimited L1 program we have this situation.
A few points are truly ridiculous. Anguilla with its 5K citizens has the same quota as India or China? How does that promote diversity. If every Anguillan applied in EB their quota would not get filled. Yet India has more diversity of religion, language, caste and virtually anything else you can imagine except perhaps ethnicity, arguably it has more diversity than Europe.
The worst insult in my view is EB immigration being quota based in a so called meritocracy. Either you are a meritocracy or you are not. If you want to promote diversity, then you can do so in FB or diversity category or something like that. If you really want to promote diversity then, you can argue this country already has enough people of northern European, German, Irish, Italian ancestry etc.
Which brings me to the main point, which is that it may be inconvenient, and it may be uncomfortable to say, but immigration(of all types) has, does and perhaps for the foreseeable future will have racial undertones.
A constitutional challenge will invariably run into the issue of aliens not having the same rights as citizens since no other argument can realistically hold any sway.
If H1b was also a quota system, this would all be a moot discussion. Since it is not, and we have an unlimited L1 program we have this situation.
A few points are truly ridiculous. Anguilla with its 5K citizens has the same quota as India or China? How does that promote diversity. If every Anguillan applied in EB their quota would not get filled. Yet India has more diversity of religion, language, caste and virtually anything else you can imagine except perhaps ethnicity, arguably it has more diversity than Europe.
The worst insult in my view is EB immigration being quota based in a so called meritocracy. Either you are a meritocracy or you are not. If you want to promote diversity, then you can do so in FB or diversity category or something like that. If you really want to promote diversity then, you can argue this country already has enough people of northern European, German, Irish, Italian ancestry etc.
Which brings me to the main point, which is that it may be inconvenient, and it may be uncomfortable to say, but immigration(of all types) has, does and perhaps for the foreseeable future will have racial undertones.
A constitutional challenge will invariably run into the issue of aliens not having the same rights as citizens since no other argument can realistically hold any sway.
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svr_76
05-11 10:54 AM
And you have moved to the US. Participating in IV forums to see when/how the visa bulleting can be changed so your date becomes current and you get a GC and are free to hop and try to get a job of your dream. Why do you care about these things? Just wait for your card man...enjoy the wait in the line..rest of the stuff is not of your worry (unless offcourse you get laid off and then all of a sudden your patriotism wakens up...and u get all firedup to proove your mettle in your own land.?
Leave this pseudo-patriotism in your apartment dude as u are in the land of dreams that you dreamt about. Just worry about the time it takes for u to get GC and then wait 5 years to get citizenship.
Leave this pseudo-patriotism in your apartment dude as u are in the land of dreams that you dreamt about. Just worry about the time it takes for u to get GC and then wait 5 years to get citizenship.
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surabhi
07-21 05:35 PM
That seems to be correct interpretation. This makes me dizzy, too good to be true. :D
That's because of per country quotas. There may be millions waiting for 15 years under the brothers and sisters category, but once they hit the country limit they are done. The unused numbers may go to brothers and sisters of petitioners from non-backlogged countries. If not, these numbers will flow to EB.
All FB categories are retrogressed. No category is " Current" so that the visas should spill over. ANd the most recent availability is category 2A.( October, 2003)
Does this mean there are not enough approvable applications. Doesnt sound right to me with 5 years of minimum retrogression and upto 20 years in case of Philippines for FB category 4.
Still doesnt make much sense to my how even with USCIS ineffeicienes should there be a spillover.
That's because of per country quotas. There may be millions waiting for 15 years under the brothers and sisters category, but once they hit the country limit they are done. The unused numbers may go to brothers and sisters of petitioners from non-backlogged countries. If not, these numbers will flow to EB.
All FB categories are retrogressed. No category is " Current" so that the visas should spill over. ANd the most recent availability is category 2A.( October, 2003)
Does this mean there are not enough approvable applications. Doesnt sound right to me with 5 years of minimum retrogression and upto 20 years in case of Philippines for FB category 4.
Still doesnt make much sense to my how even with USCIS ineffeicienes should there be a spillover.
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longq
02-19 05:32 PM
What you are talking here is the Eb1-EA category.. and not the general EB1 category..
The EB1 Category is primarily meant for inter company transfers. Most of the people who qualify to get GC under this category come to US through the inter company transfer route and are primarily on L1-A work visa. Folks under L1-A do not require a labor certification and directly file I-140 /485 unlike people who come on L1-b visa which is also inter company transfer and requires a person to file a labor certification in US and then file GC under Eb2 or Eb3 as the case may be.
It�s surprising that Eb1 is current for India. Going by the facts.. the top 3 IT companies had shipped most of their project folks infact every other person to US under L1-A in the last few years when H1-b was under scrutiny for these companies. Most of these people who came under L1-A should have applied for GC under Eb1 which should have retrogressed the dates for EB1 also. The only logical reason for this that these companies are being very selective in doing GC now unlike in the past when a lot of people had got GC under this category.. and the date for EB1 for India had retrogressed in beginning of 2006..
That apart the other reason why this category is current is that most of the staffing companies aka.. body shoppers cannot use this route to get people to US.. because they need to have full-fledged profitable operations overseas�. and the person being sponsored should have atleast worked for 365 days outside US for the company. The consulates do a complete check before giving an authorization under L1-A or L1-B category..
EB1-Multinational executives also mostly abused catagory. Due to this, the demand for EB1 is very much higer than EB2. See the statisctics 2005, DOS issed 66000 EB1 in 2005 compare to 44000 EB2. If any one things multinational executives are MBA or highly skilled, it is completly wrong. EB1-Mexico is much much higher than EB2-Mexico. Top IT companies in India will not sponser any GC except one or two guys. Like L1 be a short cut for H1, EB1 is shortcut for EB3 & EB2 and to avoid LC. There may be restarunt managers got GC thro EB1. I know one guy got GC thro EB1-Multinational manager thro a small consulting firm having less employees in both India and USA.
The EB1 Category is primarily meant for inter company transfers. Most of the people who qualify to get GC under this category come to US through the inter company transfer route and are primarily on L1-A work visa. Folks under L1-A do not require a labor certification and directly file I-140 /485 unlike people who come on L1-b visa which is also inter company transfer and requires a person to file a labor certification in US and then file GC under Eb2 or Eb3 as the case may be.
It�s surprising that Eb1 is current for India. Going by the facts.. the top 3 IT companies had shipped most of their project folks infact every other person to US under L1-A in the last few years when H1-b was under scrutiny for these companies. Most of these people who came under L1-A should have applied for GC under Eb1 which should have retrogressed the dates for EB1 also. The only logical reason for this that these companies are being very selective in doing GC now unlike in the past when a lot of people had got GC under this category.. and the date for EB1 for India had retrogressed in beginning of 2006..
That apart the other reason why this category is current is that most of the staffing companies aka.. body shoppers cannot use this route to get people to US.. because they need to have full-fledged profitable operations overseas�. and the person being sponsored should have atleast worked for 365 days outside US for the company. The consulates do a complete check before giving an authorization under L1-A or L1-B category..
EB1-Multinational executives also mostly abused catagory. Due to this, the demand for EB1 is very much higer than EB2. See the statisctics 2005, DOS issed 66000 EB1 in 2005 compare to 44000 EB2. If any one things multinational executives are MBA or highly skilled, it is completly wrong. EB1-Mexico is much much higher than EB2-Mexico. Top IT companies in India will not sponser any GC except one or two guys. Like L1 be a short cut for H1, EB1 is shortcut for EB3 & EB2 and to avoid LC. There may be restarunt managers got GC thro EB1. I know one guy got GC thro EB1-Multinational manager thro a small consulting firm having less employees in both India and USA.
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bfadlia
02-15 04:38 PM
America is about freedom and liberty and is a law abiding country. Country caps is discrimination with people of two countries which have almost half of the population in the world. I am not saying increase visas for India or China. I am only saying increase the total number of visas and then make the system FIFO so that every skilled person in this world have same access to immigration.
Finally an honest admission. You finally say there are more Indian and Chinese here because they have huge population.
If you can't see the insult in keeping to say "best and brightest" then I would have wasted my time.
Finally an honest admission. You finally say there are more Indian and Chinese here because they have huge population.
If you can't see the insult in keeping to say "best and brightest" then I would have wasted my time.
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Lasantha
12-14 02:43 PM
Yes BP, in that case Britain too will be oversubscribed just like IN,CH,MXa and PH.
7% ceiling applies to all the countries not just the ones that happen to be oversubscribed now.
O.K. Forget for a moment about IN,China,MX and Philipines. Let me understand the "Quota" witihin "ROW"
Example: Britain, Pakistan.
Let's say next year tons of nationals of Britain Choose to apply under EB.
Let's say total is more than 7% of Total 1,40,000 limit.
Is that allowed?
Same question for Pakistan...
7% ceiling applies to all the countries not just the ones that happen to be oversubscribed now.
O.K. Forget for a moment about IN,China,MX and Philipines. Let me understand the "Quota" witihin "ROW"
Example: Britain, Pakistan.
Let's say next year tons of nationals of Britain Choose to apply under EB.
Let's say total is more than 7% of Total 1,40,000 limit.
Is that allowed?
Same question for Pakistan...
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paskal
07-17 12:58 PM
Is it accurate to say that new way of allocating spill over visas effectively acheive same effect as eliminiating country limits?
this is not correct. ROW continues to get preference.
what has changed is that for a while USCIS chose to interpret the law in a way that gave EB2 GC numbers (the law mandated 28.6%) to EB3 ROW rather than spill them over the EB2 I/C. now they have corrected that and EB2 numbers (which include any spillover from EB1) are first used in EB2 ie category numbers are given priority.
so the bonus advantage that EB3 ROW got for 1-2 years has been withdrawn. however with EB3 retrogressed and with EB2 I/C retrogressed, EB3 ROW continues to get all EB3 numbers except the 7% each for the retrogressed nation states.
i would also like to know where the 20K number is coming from if anyone has a source please share it.
this is not correct. ROW continues to get preference.
what has changed is that for a while USCIS chose to interpret the law in a way that gave EB2 GC numbers (the law mandated 28.6%) to EB3 ROW rather than spill them over the EB2 I/C. now they have corrected that and EB2 numbers (which include any spillover from EB1) are first used in EB2 ie category numbers are given priority.
so the bonus advantage that EB3 ROW got for 1-2 years has been withdrawn. however with EB3 retrogressed and with EB2 I/C retrogressed, EB3 ROW continues to get all EB3 numbers except the 7% each for the retrogressed nation states.
i would also like to know where the 20K number is coming from if anyone has a source please share it.
unseenguy
08-16 02:35 PM
So what has that to do with supporting SRK here?
He is saying he is hurt and he even said there were fans calling him and still the officers did not understand he is SharRukh Khan. Now that is funny.
That sounds like if some xyz is detained and people start calling him by his name POE officers should understand who he is!
Well, explain to me, if an american celebrity, such as Brad Pitt or George Clooney is detained at IGI for 66 mins, taken aside for secondary in another chamber, made to wait,
if robert gates (defense secretary), is asked to remove his shirt
if ex president bush or clinton is frisked for secondary, would that be acceptable to americans?
NO. We agree on the answer atleast. Do people in India have to KNOW them?
He is saying he is hurt and he even said there were fans calling him and still the officers did not understand he is SharRukh Khan. Now that is funny.
That sounds like if some xyz is detained and people start calling him by his name POE officers should understand who he is!
Well, explain to me, if an american celebrity, such as Brad Pitt or George Clooney is detained at IGI for 66 mins, taken aside for secondary in another chamber, made to wait,
if robert gates (defense secretary), is asked to remove his shirt
if ex president bush or clinton is frisked for secondary, would that be acceptable to americans?
NO. We agree on the answer atleast. Do people in India have to KNOW them?
rick_rajvanshi
03-20 11:27 AM
You can renew your permanent resident card only if you lived in canada for atleast 2 years in 5 years. And to get the card, you need to get a guarantor signature who knows you for atleast 2 years e.g. a physician, attorney, etc
If you dont have guarantor - you can use any public notary - not a big deal . they 'll sign your PR Card application for $60 Canadian per application - This is only for people who are already a landed immigrant and do not have a plastic PR Card. You can also keep traveling to Canada without a Plastic PR Card ( for your US visa renewals etc. ) but in your own car only. But the max limit is 3 years from the date you have first landed - You must start maintaining your residence in Canada with in these 3 years before your residency becomes invalid.
If you dont have guarantor - you can use any public notary - not a big deal . they 'll sign your PR Card application for $60 Canadian per application - This is only for people who are already a landed immigrant and do not have a plastic PR Card. You can also keep traveling to Canada without a Plastic PR Card ( for your US visa renewals etc. ) but in your own car only. But the max limit is 3 years from the date you have first landed - You must start maintaining your residence in Canada with in these 3 years before your residency becomes invalid.
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