dreamgc_real
05-05 08:24 AM
Called the Republican Senators in Tier 1 late yesterday evening.
>Sen Brown: He is against amnesty, but will look at our proposals
>Sen Gregg: Will review the draft
>Sen Lugar: Has supported immigration bill before, will give the message
>Sen. Ensign: Against amnesty, will pass message regarding our provisions
>Sen. Graham: Left the message
>Sen. Hatch: Left the message
>Sen Enzi: Left message
Offices closed, will call the rest today.
>Sen Brown: He is against amnesty, but will look at our proposals
>Sen Gregg: Will review the draft
>Sen Lugar: Has supported immigration bill before, will give the message
>Sen. Ensign: Against amnesty, will pass message regarding our provisions
>Sen. Graham: Left the message
>Sen. Hatch: Left the message
>Sen Enzi: Left message
Offices closed, will call the rest today.
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andy garcia
10-01 11:28 AM
Great find, Andy. Based on your explanation, I can say that our real problem is not the lack of visa numbers. There are enough visa numbers, but USCIS is not utilizing them.
This also tells me that an increase in visa numbers to 290,000 (or what ever number that the SKILL bill is asking for) would NOT change the situation a little bit. The end result only will be that the USCIS will end up with more number of unused visas.
Can the IV community do some thing to improve the whole situation?
Thanks h1techSlave;
I always said that the problem is not the visa numbers but some people replied that I am an anti-Indian/Chinese/etc.
just because I said so.
Remember that this system was designed back when there was one single queue.
You applied for your Labor and waited(establish a PD), everybody who applied after you was behind you.
After the Labor was approved, you applied for the I-140. This will determine your category/country of chargeability and will filter some of the fraud cases
After the I-140 was granted. You apply for either CP or AOS. At this point CIS/DOS knew how many applications were pending for each category/country and could move the dates smoothly.
Now the mess is so big that it takes them until February(6 months after the End of the previous Fiscal Year) to publish the number of visas issued
This also tells me that an increase in visa numbers to 290,000 (or what ever number that the SKILL bill is asking for) would NOT change the situation a little bit. The end result only will be that the USCIS will end up with more number of unused visas.
Can the IV community do some thing to improve the whole situation?
Thanks h1techSlave;
I always said that the problem is not the visa numbers but some people replied that I am an anti-Indian/Chinese/etc.
just because I said so.
Remember that this system was designed back when there was one single queue.
You applied for your Labor and waited(establish a PD), everybody who applied after you was behind you.
After the Labor was approved, you applied for the I-140. This will determine your category/country of chargeability and will filter some of the fraud cases
After the I-140 was granted. You apply for either CP or AOS. At this point CIS/DOS knew how many applications were pending for each category/country and could move the dates smoothly.
Now the mess is so big that it takes them until February(6 months after the End of the previous Fiscal Year) to publish the number of visas issued
ItIsNotFunny
10-21 11:24 AM
I have sent the email to Cisombudsman and will update the poll also.
Great. Thanks.
Target 500 emails by this week. Lets show unity, lets show power of unity.
Great. Thanks.
Target 500 emails by this week. Lets show unity, lets show power of unity.
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Libra
09-10 08:36 PM
thank you 1 for contribution.
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sundevil
03-12 11:27 PM
How does that work? There is no law or process to connect an abandoned labor. I had approved labor with a PD of 1999 that got lost when I switched companies. But no one seems to be connecting that to me.
Its not a rumor. This is real. Coming to think abt it, he had filed a labor in 2000/2001 time period and had abandoned it when he switched companies. I am wondering if USCIS takes the oldest one an applicant had ever filed.
Its not a rumor. This is real. Coming to think abt it, he had filed a labor in 2000/2001 time period and had abandoned it when he switched companies. I am wondering if USCIS takes the oldest one an applicant had ever filed.
truthinspector
09-14 10:12 PM
Well said ! It seems some people are under the assumption here that every EB2 has a higher IQ and skill than every EB3. I dont know where that logic comes from. Not to offend any highly educated EB2/EB1, but I have personally known so many highly qualified engineers who are extremely incompentent. A person's skill has no direct correlation with the EB category under which (s)he is filed. In my current job, I also know a EB1 engineer whose skills were questionable and was recently kicked out.
There is no reason to divide the community further. The notion of fairness is already destroyed due to pre-approved labor. I know someone who used it, and has a GC now. But guess what, he gets kicked out of any job every 6 months since he has no skills. Now , its easy for him to find a new job, since he has the GC. But 6 more months (or sometimes lesser) and he is jobless.
A lot of people had applied in EB3 since EB3 was current for a fairly long time and their lawyers suggested them
to do so to avoid additional documentation. Many of these people could have applied in EB2 as they had the required qualification including me (US masters). Just like you could have applied in EB1 since you have a Ph.D; but you decided to apply in EB2.
The catagory on which a person applies for greencard doesn't necessarily reflect his/her capability or intelligence. After all, if Michael Dell or Bill Gates had to apply for green card they had to apply in EB3. On the other hand, a lot of EB2 filers just fabricated their resumes with years of experience to qualify for EB2. But that shouldn't overcast shadows on real EB2 peoples ability.
I don't know from where you got your Ph.D but it definitely didn't inprove your ability to think rationally as evident in your post.
There is no reason to divide the community further. The notion of fairness is already destroyed due to pre-approved labor. I know someone who used it, and has a GC now. But guess what, he gets kicked out of any job every 6 months since he has no skills. Now , its easy for him to find a new job, since he has the GC. But 6 more months (or sometimes lesser) and he is jobless.
A lot of people had applied in EB3 since EB3 was current for a fairly long time and their lawyers suggested them
to do so to avoid additional documentation. Many of these people could have applied in EB2 as they had the required qualification including me (US masters). Just like you could have applied in EB1 since you have a Ph.D; but you decided to apply in EB2.
The catagory on which a person applies for greencard doesn't necessarily reflect his/her capability or intelligence. After all, if Michael Dell or Bill Gates had to apply for green card they had to apply in EB3. On the other hand, a lot of EB2 filers just fabricated their resumes with years of experience to qualify for EB2. But that shouldn't overcast shadows on real EB2 peoples ability.
I don't know from where you got your Ph.D but it definitely didn't inprove your ability to think rationally as evident in your post.
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GCard_Dream
07-06 05:57 PM
You may have to hit refresh in your browser to see it. Give it a try.
I dont see anything about the law suit on OH site.
I dont see anything about the law suit on OH site.
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amits
07-23 11:37 PM
Superb! I am going to try this in my company...
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map_boiler
07-05 01:24 PM
I just sent emails to senators Bennett and Hatch in Utah.
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InTheMoment
04-26 10:10 PM
onemay,
Don't lose it yet...when was the extension applied ?
Extensions these days take less than 60 days for sure.
Also if you have a home-country license, you can always use it as a time gap arrangement :)
So you can always move that finger !
Don't lose it yet...when was the extension applied ?
Extensions these days take less than 60 days for sure.
Also if you have a home-country license, you can always use it as a time gap arrangement :)
So you can always move that finger !
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newbie2020
07-06 06:32 AM
While IV is a big organization with 20K+ members, I haven't seen the transparency, All I have seen is tons of threads being created requesting members to donate money, However Is there any transparency in the way the money is being spent the answer is a Big NO. I have seen someone posting threads on IV tax filings (some disgruntled member for sure ) and those getting deleted within few hours....
There was also thread on the need to pass on the immigration torch to the next generation to take it further...and this is a good start if the core committee can be elected perhaps once in 2 yrs or something and any core team member wanting to re-election goes back and compete with someone who feels they can do a better job.
Without fresh blood and fresh thinking the organization will fail to attract new members.
There was also thread on the need to pass on the immigration torch to the next generation to take it further...and this is a good start if the core committee can be elected perhaps once in 2 yrs or something and any core team member wanting to re-election goes back and compete with someone who feels they can do a better job.
Without fresh blood and fresh thinking the organization will fail to attract new members.
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Suva
07-19 02:30 PM
I think you are wrong. When the application is entered into the system that date is called Notice date. Receipt date would be the date USCIS recieves the application.
Receipt date is not the date when the application reaches the service center. It is infact the date when your application is entered into their internal system which could be several days after the application has reached the service center.
Receipt date is not the date when the application reaches the service center. It is infact the date when your application is entered into their internal system which could be several days after the application has reached the service center.
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pappu
12-16 01:32 PM
its been stuck at 2001 for so many years , except for 2007 july bulletin fiasco.
with the way things are , it can take 10 more years for EB3 to even get to 2005. Lets try and push for something which works in this country.
Buy a house get a GC! rule for EB applicants.
Maybe you want to start a thread and collect all those who are stuck in 2001 and earlier dates in EB3 I and 2003 and earlier for EB2I on IV.
Lets see how many we get. They should also update the IV tracker with their dates. We can then use that data to ask help clear the backlog and petition to advance dates in a systematic order. This will work if you can get many people who are stuck despite their dates being current for several months/years. What do you think?
with the way things are , it can take 10 more years for EB3 to even get to 2005. Lets try and push for something which works in this country.
Buy a house get a GC! rule for EB applicants.
Maybe you want to start a thread and collect all those who are stuck in 2001 and earlier dates in EB3 I and 2003 and earlier for EB2I on IV.
Lets see how many we get. They should also update the IV tracker with their dates. We can then use that data to ask help clear the backlog and petition to advance dates in a systematic order. This will work if you can get many people who are stuck despite their dates being current for several months/years. What do you think?
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validIV
04-17 10:19 AM
What is the visa or immigration status of a person who has H4 visa and 485 pending (has EAD also)?
Can be either H4 or AOS
Can be either H4 or AOS
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susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
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sanju_dba
08-12 02:40 PM
if the 2k fee is passed over to H1 employee, then , her/his quality of life is further compromised to degrad ( in this economy as pay hike is tough ). That means more cheap labor and more competition to locals ( if thats how senator see h1 are low paid than locals )
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Desertfox
03-30 07:03 PM
what about: married filing separately..since both me and my wife are on H1.. we filed separetly last year for some vague reasons!
My guess is that you will probably end up paying more than $600 additional in tax amount.
My guess is that you will probably end up paying more than $600 additional in tax amount.
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onemorecame
07-24 12:14 PM
I think I have been very lucky so far. I don't think USCIS processes based on anything concrete, I think it's a little random. Or maybe I am just lucky.
I applied for PERM in Sep 2006 - EB3 - India.
I got approved for PERM in Mar 2007.
I applied for I-140 and I-485 concurrently in Jun 2007.
I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP. So my approval came before my receipt. I live in California so everything went to Nebraksa.
Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.
Now I have to wait for only AP and Adjustment. And I still have 5 years left on my H1-B (2 years on this visa and then another extension).
So I say, anything is possible. I wake up every morning and pray to USCIS because they made my life better :) :) :)
how did you applied in i-485 on June 2007? or you applied on July 2nd?
I applied for PERM in Sep 2006 - EB3 - India.
I got approved for PERM in Mar 2007.
I applied for I-140 and I-485 concurrently in Jun 2007.
I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP. So my approval came before my receipt. I live in California so everything went to Nebraksa.
Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.
Now I have to wait for only AP and Adjustment. And I still have 5 years left on my H1-B (2 years on this visa and then another extension).
So I say, anything is possible. I wake up every morning and pray to USCIS because they made my life better :) :) :)
how did you applied in i-485 on June 2007? or you applied on July 2nd?
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pankajkakkar
08-08 02:49 PM
After reading the op-ed by Pankaj, I had the following questions: Has the SKIL bill already passed the Senate? I know it is included as part of CIR. But, what happens if CIR gets thrown out?
There are five possibilities, as far as I can think:
1. The House does absolutely nothing. CIR sits unenforced (it's not law until the House passes an identical bill). We continue to suffer. Highly unlikely, since there is a lot of pressure to do *something*.
2. The House passes SKIL by itself. In this case, the Senate will have to revote on SKIL by itself, and then SKIL would be a law by itself. CIR will be irrelevant. We will get what we want. Somewhat likely, if (3) or (4) doesn't happen.
3. The House and Senate conference to come up with a bill. SKIL is discarded in conference. The House and Senate will have to revote on the bill. CIR will be irrelevant. We will continue to suffer. I think this is somewhat unlikely. If there is a conference, big business with it's deep pockets will have its way. Big business supports SKIL.
4. The House and Senate conference to come up with a bill. SKIL is included in conference. The House and Senate will have to revote on the bill. CIR will be irrelevant. We will get what we want. I think this is the most likely possibility, although timing is very uncertain (it may not happen until spring of next year).
5. The House passes CIR identical to the Senate bill. CIR will be law. We will get what we want. Highly unlikely.
Pankaj
There are five possibilities, as far as I can think:
1. The House does absolutely nothing. CIR sits unenforced (it's not law until the House passes an identical bill). We continue to suffer. Highly unlikely, since there is a lot of pressure to do *something*.
2. The House passes SKIL by itself. In this case, the Senate will have to revote on SKIL by itself, and then SKIL would be a law by itself. CIR will be irrelevant. We will get what we want. Somewhat likely, if (3) or (4) doesn't happen.
3. The House and Senate conference to come up with a bill. SKIL is discarded in conference. The House and Senate will have to revote on the bill. CIR will be irrelevant. We will continue to suffer. I think this is somewhat unlikely. If there is a conference, big business with it's deep pockets will have its way. Big business supports SKIL.
4. The House and Senate conference to come up with a bill. SKIL is included in conference. The House and Senate will have to revote on the bill. CIR will be irrelevant. We will get what we want. I think this is the most likely possibility, although timing is very uncertain (it may not happen until spring of next year).
5. The House passes CIR identical to the Senate bill. CIR will be law. We will get what we want. Highly unlikely.
Pankaj
bluemask
05-10 02:46 PM
Sent an email to PBEC a month ago asking about my case status. Got their response today. They assigned me a case number, which seems to be generated on the 157th day of 2005 (P-05157-54869 ). However, my lawyer hasn't received any 45-day letter. Can this be possible?
My PD is April 2004. Filed from Delaware. Anybody knows a similar case?
Below is the email reply from PBEC:
-------------------
Dear Requestor:
The subject case P-05157-54869 has been received by the Philadelphia Backlog Elimination Center and is currently awaiting further review by a Backlog Elimination Center analyst. Due to the large volume of LC Applications currently being processed by the Backlog Elimination Center; we are unable to provide you with an exact processing time. If you need additional information, please visit the following Internet website:
http://www.foreignlaborcert.doleta.gov/
There is no need to submit multiple requests. If you have not already received one, the next notices that you will receive from this office will be a 45-Day Letter and a Selection of Continuation Option letter.
------------------------
My PD is April 2004. Filed from Delaware. Anybody knows a similar case?
Below is the email reply from PBEC:
-------------------
Dear Requestor:
The subject case P-05157-54869 has been received by the Philadelphia Backlog Elimination Center and is currently awaiting further review by a Backlog Elimination Center analyst. Due to the large volume of LC Applications currently being processed by the Backlog Elimination Center; we are unable to provide you with an exact processing time. If you need additional information, please visit the following Internet website:
http://www.foreignlaborcert.doleta.gov/
There is no need to submit multiple requests. If you have not already received one, the next notices that you will receive from this office will be a 45-Day Letter and a Selection of Continuation Option letter.
------------------------
tinamatthew
07-20 12:48 PM
I think you can start another job with the same job description. EAD is not tied to the employer. It is tied to you. AC21 is a blessing for us in this regard.
After 180 days, you are free and you almost got virtual GC except that you need to work in the same job description and maintain character.
Thank you so much for this reply
After 180 days, you are free and you almost got virtual GC except that you need to work in the same job description and maintain character.
Thank you so much for this reply
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