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  • unitednations
    02-13 12:08 PM
    I'm not sure that your numbers add up. There's no guarantee that anybody would receive a green card before their 90 or 180 day I-94 expires. Leaving the US and reentering to remain in status then runs the risk of putting immigration application in danger. In reality - PERM takes a couple of months to complete with advertising, interviewing, preparing documents and filing. The I-140/485 process takes another 6-8 months assuming that there are no RFEs and your case is processed in the faster service centers. This timescale only works for ROW applicants if they meet the EB-2 standard. This is not an easy standard to meet for many people who have worked at the same employer for a number of years.

    On a separate note, CIS is supposed to meet a standard where most green card applications are evaluated within less than a year. They claim to meet this standard by quickly approving applications whose dates are current and then not including backlogged applications in their calculations. One more example of fuzzy math at the CIS...


    This is how the law works:

    To file I-485; one has to be admissable and in non immigrant status(not subject to J-1 requirements, no major medical issues, no serious criminal issue). If there is a labor and priority date is current then you go straight to 140/485.

    many times a company may have already filed a labor for you before you even get into USA.

    There is protection of 245k which basically gives a buffer of 6 months. Essentially; one can file a 485 if they were out of status; worked without authorization or were in non immigrant status within six months of filing 485.

    So what this means is if your I-94 card expires in March 31, 2007; you have protection to file 485 until about September 30, 2007. There is more then enough time to be able to file the 485. The big hiccup happens if the priority date moves backwards and you can't file the 485.

    Last year there were a few people who had posted on immigration.com who had their 485's retruned by uscis. They came on visitor visa and labor approved but filed in eb3. Their stupid lawyers didn't realize the dates were retrogressed or when they started the process there was word of law change and they figured that by the time labor cleared; the visa dates would be current.

    I wouldn't fight this much; it is well established that people do this and it goes on. This is one of the reasons why I was pretty much against filing 485 without priority date being current. There would be a mass flood of people who would file. People who currently file in political asylum or get married to us citizens or people who have family sponsorship and are waiting visa dates would all flip over to employment base and would cause millions of applications with never ending retrogression. it would have pretty much been a disaster.





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  • PlainSpeak
    01-14 10:06 AM
    Plainspeak wasting time.
    He was member 2006 onward. Did nothing. Wasted time. Now facing job problem. Need Greencard and now want IV to do for him.
    Typical of some lowskill EB3I do nothing and blame. Go do something. Learn some . Become expert and apply EB1 if you so bright. IV does not value Plainspeak. See no reply from admin yet. Proves he wasting his time.
    He was member 2006 onward. Did nothing. Wasted time.
    Yes i am a meber since 2006 and yes helping others does not just mean be an IV DONOR and volunteer. Helping others can be done is other ways also

    Now facing job problem. Need Greencard and now want IV to do for him. My friend it is because my job has become secure now is teh reasn why i am able to concentrate more on this. IV does not do anything for anyone. We do it for ourselves and the we includes not just you but even me my friend

    Go do something. Learn some . Become expert and apply EB1 if you so bright. IV does not value Plainspeak. See no reply from admin yet. Proves he wasting his time.
    As i said it before i started a GC process once and i am damn well NOT going to start a new process. Why should i start a new process in EB2 or EB1. I wil lfight for this EB3 gc even if it takes 10 years (Who am i kindding it will takle more than that but th espirit to fight i never diminished)

    Typical of some lowskill EB3I do nothing and blame.
    To get to the point my friend there is a saying in America called as DIGNITY OF LABOUR. What is means (And i have to explain to you bceause obviously you do not undestand) what ever the skills and labour a person is doing whether he is a rocket scientist or whether he si a garbage collector every job is a lobour of hard work and every job deserves a respect. Now that we go that out of the way what was that you were saying about my low skills EB3I. Are you even aware of what you are doing. You are abusing a person for being EB3I. That is not there on IV charter. You are going against the charter

    Ok i am waiting for all the senior members and donors to jump inhere an do the right thing. Dont you always talk about righta nd wrong and that therte is no difference between EB2 and EB3 and here you havea guy abusing some one jst becasue he is EB3India

    Sileeeeeeeeeeeeeeeeeeeeeeence croack croack No Reply





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  • hydboy77
    06-04 01:13 PM
    This is what I was also proposing in another thread. we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india, in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears. Administrative fix like this can happen without passing a law, for example USCIS started issuing 2 year EAD for retrogressed applicants as an administrative fix. We dont even need a interim green card we can continue on EAD with the administrative fix to exempt cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement.

    I just used t he term Interim GC to convey the idea, it could be named anything. EAD is a also a partial GC, it gives you rights of a GC holder pending administrative processing of your application - to work with any employer. The interim GC may provide all rights of a GC holder, awaiting final count in the legal register (due to legal need of numeric limitations) and the final card, just like a temporary driver license you get immediately after the road test. The idea is that once this stage is passed, no further questions on employment, etc. should be asked.





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  • shukla77
    05-29 03:32 PM
    I am not sure if I agree with doing two things at the same time. We can try to solve 12 things at the same time, but at the end are we effective? As an organization,If by focusing on eliminating EB1 fraud gives us significant advantage in short and long term then I am all for it. Numbers do not suggest that.However if we focus our energy on legislative fixes to eliminate the backlog, most of the categories will benefit.Question is do we suggest 20 things and dont complete anything or take one important initiative to the finish line. In my limited experience, I have seen second one works better.


    Some members were trying to say we should not fight fraud because the root cause is insufficient visa number (and country quota). While he was right about the root cause, that does not mean we can't do the two things at the same time.

    .



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  • andy garcia
    02-23 09:51 AM
    whatamidoinghere,
    what is the source of you information.
    Can we maintain a information on such numbers on IV itself so that we have one place to see it.

    Here is the link:
    http://www.flcdatacenter.com/CaseData.aspx





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  • immigrant2007
    08-20 10:38 PM
    I agree
    I hope we spend this much time in supporting or PLANNING WHAT WE DO NEXT. I still believe if we all of us make a combine effort we can get our backlog issue resolved



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  • kondur_007
    09-17 12:45 PM
    Here is what I want to understand.

    EB2 ROW is CURRENT except INDIA AND CHINA. EB2 ROW will get 28.6% of 140000.
    This means 40040. How they are going to divide these visa between INDIA and CHINA?
    This is NOT SpillOver. I know there is 7% rule, but other countries are always Current.

    And EB1 is CURRENT and considering Bad economy very few cases will be filed under EB1.

    What will happen to those 40040 Visa? If those spillover to EB2 ROW, we may see a large quantity of Visa numbers for EB2.

    Considering 50% of each EB1 and EB2 visas consumed by other than INDIA AND CHINA, still we should get aroud 40040 visas this year.If you furher divide 50% between INDIA and CHINA, both will get 20020, Which might be sufficient to cross 2005.

    You are right on the point. In fact (I may be overly optimistic here), I would not be surprised at all to see PD of EB2I in 2007 or 2008 in the last quarter (Aug-Sept) and it may even see the magincal "C" in Sept 2010. (Making the dream come true for VDLRAO!!)

    (Remember, with preadjudications, there are no more pending EB2-ROW (except for the new adjudications) and EB2 China has been in 2006 for quite some time as well in the past)





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  • katrina
    02-01 02:34 PM
    US news has covered a book by David Heenan -- "Flight Capital" that essentially deals with the fact that high powered immigrants are leaving this country -- for whatever reason -- and how its bad for America. BAD FOR AMERICA. forget about it being bad of GC aspirants. ITS BAD FOR AMERICA. And we have one of america's own high powered former CEO saying that

    http://www.flight-capital.com/

    This man has no vested interested in talking about this. Obviously he does not need a GC and he is not on H1. He makes our case. How anti-immigration congressional measure are hurting America as a nation as much as it hurts aspiring immigrants.

    This is an independent non-partisan source who can be quoted in our cause.

    http://www.greatandhra.com/business/greencard_usa.html

    and there is another good article with the same topic.

    Check out this article in the Wall Street Journal - by Gary Becker, a Nobel Price Winner..alas this administration in immune to such logic

    Give Us Your Skilled Masses

    By GARY S. BECKER
    November 30, 2005; Page A18

    With border security and proposals for a guest-worker program back on the front page, it is vital that the U.S. -- in its effort to cope with undocumented workers -- does not overlook legal immigration. The number of people allowed in is far too small, posing a significant problem for the economy in the years ahead. Only 140,000 green cards are issued annually, with the result that scientists, engineers and other highly skilled workers often must wait years before receiving the ticket allowing them to stay permanently in the U.S.

    An alternate route for highly skilled professionals -- especially information technology workers -- has been temporary H-1B visas, good for specific jobs for three years with the possibility of one renewal. But Congress foolishly cut the annual quota of H-1B visas in 2003 from almost 200,000 to well under 100,000. The small quota of 65,000 for the current fiscal year that began on Oct. 1 is already exhausted!

    This is mistaken policy. The right approach would be to greatly increase the number of entry permits to highly skilled professionals and eliminate the H-1B program, so that all such visas became permanent. Skilled immigrants such as engineers and scientists are in fields not attracting many Americans, and they work in IT industries, such as computers and biotech, which have become the backbone of the economy. Many of the entrepreneurs and higher-level employees in Silicon Valley were born overseas. These immigrants create jobs and opportunities for native-born Americans of all types and levels of skills.

    So it seems like a win-win situation. Permanent rather than temporary admissions of the H-1B type have many advantages. Foreign professionals would make a greater commitment to becoming part of American culture and to eventually becoming citizens, rather than forming separate enclaves in the expectation they are here only temporarily. They would also be more concerned with advancing in the American economy and less likely to abscond with the intellectual property of American companies -- property that could help them advance in their countries of origin.

    Basically, I am proposing that H-1B visas be folded into a much larger, employment-based green card program with the emphasis on skilled workers. The annual quota should be multiplied many times beyond present limits, and there should be no upper bound on the numbers from any single country. Such upper bounds place large countries like India and China, with many highly qualified professionals, at a considerable and unfair disadvantage -- at no gain to the U.S.

    * * *
    To be sure, the annual admission of a million or more highly skilled workers such as engineers and scientists would lower the earnings of the American workers they compete against. The opposition from competing American workers is probably the main reason for the sharp restrictions on the number of immigrant workers admitted today. That opposition is understandable, but does not make it good for the country as a whole.

    Doesn't the U.S. clearly benefit if, for example, India's government spends a lot on the highly esteemed Indian Institutes of Technology to train scientists and engineers who leave to work in America? It certainly appears that way to the sending countries, many of which protest against this emigration by calling it a "brain drain."

    Yet the migration of workers, like free trade in goods, is not a zero sum game, but one that usually benefits the sending and the receiving country. Even if many immigrants do not return home to the nations that trained them, they send back remittances that are often sizeable; and some do return to start businesses.

    Experience shows that countries providing a good economic and political environment can attract back many of the skilled men and women who have previously left. Whether they return or not, they gain knowledge about modern technologies that becomes more easily incorporated into the production of their native countries.

    Experience also shows that if America does not accept greatly increased numbers of highly skilled professionals, they might go elsewhere: Canada and Australia, to take two examples, are actively recruiting IT professionals.

    Since earnings are much higher in the U.S., many skilled immigrants would prefer to come here. But if they cannot, they may compete against us through outsourcing and similar forms of international trade in services. The U.S. would be much better off by having such skilled workers become residents and citizens -- thus contributing to our productivity, culture, tax revenues and education rather than to the productivity and tax revenues of other countries.

    * * *
    I do, however, advocate that we be careful about admitting students and skilled workers from countries that have produced many terrorists, such as Saudi Arabia and Pakistan. My attitude may be dismissed as religious "profiling," but intelligent and fact-based profiling is essential in the war against terror. And terrorists come from a relatively small number of countries and backgrounds, unfortunately mainly of the Islamic faith. But the legitimate concern about admitting terrorists should not be allowed, as it is now doing, to deny or discourage the admission of skilled immigrants who pose little terrorist threat.

    Nothing in my discussion should be interpreted as arguing against the admission of unskilled immigrants. Many of these individuals also turn out to be ambitious and hard-working and make fine contributions to American life. But if the number to be admitted is subject to political and other limits, there is a strong case for giving preference to skilled immigrants for the reasons I have indicated.

    Other countries, too, should liberalize their policies toward the immigration of skilled workers. I particularly think of Japan and Germany, both countries that have rapidly aging, and soon to be declining, populations that are not sympathetic (especially Japan) to absorbing many immigrants. These are decisions they have to make. But America still has a major advantage in attracting skilled workers, because this is the preferred destination of the vast majority of them. So why not take advantage of their preference to come here, rather than force them to look elsewhere?

    Mr. Becker, the 1992 Nobel laureate in economics, is University Professor of Economics and Sociology at the University of Chicago and the Rose-Marie and Jack R. Anderson Senior Fellow at Stanford's Hoover Institution.



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  • chanduv23
    08-16 12:03 AM
    I just read through this thread and made some interesting observations.

    We all have our own opinions and I am bringing all this into context by considering the fact that most people on this thread are people of Indian origin.

    So here is my opinion too.

    Looks like there is a process followed by the security officials that flags people based on certain factors.

    Now, we can talk for hours and discuss and debate - but we really don't know how such a system is working. It might be working great in the POV of some people who claim that it helps with filtering out the terrorists.

    If it is a frequest occurance and is affecting everyone - then there is definitely issues with such a system - but do we hear such stories regularly? We don't. We hear stories of Abdul Kalam or Shilpa Shetty or Sharukh Khan because they are celebrities.

    It might be happening quite often and we never know.

    It looks like a lot of "discretionary" power lies in the hands of these officers and at times they may just not listen or heed to anyone.

    In my opinion a "discretionary" power is something that needs to be associated with good judgement. Rules and systems are in place to "help with things in a good way" and need not be the other way.

    If someone feels bad about something - it is not their fault as one cannot control one's feelings. This is exactly what President Obama explained at the "beer summit"

    In the modern world the definition of racism has changed. There is nothing called racism or discrimination which relate to their original meanings. For eg.. Indian students in Australia not necessarily be attacked by a particulal race - most time they are attacked by a mob of different kinds of people.

    In reality "all of us are living in today's world where there are issues - some are vocal about it, some deny it, some supportit and some oppose it.

    Lets think like a cynic - cynical people are good thinkers because all those cynics out there have become so due to series of different experiences the eventually changes the way they think.





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  • pointlesswait
    09-15 03:57 PM
    with everyone worried abt the economy and health reforms.. Immigration reforms are toast this year.

    While we must pursue the overall reforms,

    i suggest that we also seek temporary relief seeking lifting of the ban on filing for 485 for the next 2-3 months... this will help most EB3 and EB2 (I/C/) who missed the 2007 window.

    What are the chances of such a relief being provided?
    Will a mail campaign work?..plz raise your hand if you are interested..;)



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  • ItIsNotFunny
    02-13 10:50 AM
    I cannot agree more with the posts from lord_labaku and kuhelica2000. In 2000, during the startup boom I used to work with so-called "experts" in say java that would have a inflated resume, but absolutely no knowledge of what is happening. I am sure based on how their resume was structured, all of them are in the EB2 queue (I am in EB3 BTW). Last year in Nov, a group of us were talking about GC wait times when a friend who was about to apply for labor quoted..."but I do not need to worry, I am applying in Eb2". I have seen posts on this site where people have solely focussed on EB2. If EB2 becomes current, then these dudes would stop supporting IV....

    Removing the limited quota per country seems to be the ideal solution. But it would help if we do not focus only on the category our application is in. It would help if , after some of us get our GC, we still continue our support for IV.

    Be careful what you are talking on public forum.

    Please also keep in mind, some personal experience can not be generalized.





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  • stuckinmuck
    04-26 01:58 PM
    Hello all,
    Any news on what happened on the decision on suspension/removal of labor substitution? I searched in google but couldn't find any updates.

    Also, any idea of how much relief this would offer for GC retrogression?

    Thanks

    Contribution so far: $1000



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  • gc_kaavaali
    01-22 02:01 PM
    I pity people who have coming to USA is foremost objective. In my case, i came to USA 7 years ago. Atleast i earned few bucks. But people who are dreaming about USA and taking education loans with the intention to payoff once they land in USA. It also includes people coming here on F1 with intention to work here. I feel really sorry!!!





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  • we_r_d_world
    07-28 02:32 PM
    #1 Landed in Texas in late 90's at a friends place. Friend took me to get SS# next day, dropped me at SS office during his lunch time and came in the evening at SS office to pick me up. While waiting outside, in a span of 20 minutes, had two people (one desi and another a colored person) approach me trying to befriend me...obviously I fall for it, second day and I meet such a nice person , offering me help if I needed. etc. Asked me for my cell or home #, I did not have any (was only going to stay at friends for few days and then going to Phoenix), so, i managed to get their business cards and I promised to call them.
    In the evening, friend picked me up, told him what happened, he laughed and said "they already got you....unbelievable..hit in just one day of landing... I asked him to explain what was going on, he said he explained me everything. He mentioned that his brother-in-law will be at his home in the evening for dinner (an IBO), and asked me to tell him that I was not interested as I wanted to focus on career first. We go inside, he introduced to his BIL, BIL immediately asked me when I came and what I do, and that he has an excellent business offer for me, which he would discuss with me after dinner. My friend blinked at me, I told him that I had a business proposal for him as well. He was surprised and asked me what it was. I told him that when I was in India, I was a IBO and I wanted him to be an IBO, after listening to what I had to say.

    He and my friend were astonished, my friend and his wife were laughing. BIL said he was going to talk about the same thing to me, I said, I am tired and if he already is a IBO, I will not talk about it at all, as I would rather sleep (jet lag). Got rid of him easily...


    Incident #2: After moving to Phoenix in 8 days, landed at my Desi consultant's, got a 2 Bedroom townhome shared by total of4 people. One of them was active in AMWAY...asked me if I wanted to go to a business meeting followed by Tea/snacks. I told him I could come only if he stops by grocery store first as I wanted to buy stuff. I did not have car so needed his help for groceries etc. I went with him and few of other FOBs that he had managed to "capture" (New Bakras for him). Went to his friends house who was a new IBO and hosting tea party/(Bakra kato seminar) first time, so he had lot of food/snacks etc. I enjoyed the snack, slept in the mkt. speech. ate good food. Told him that I was already an IBO when the form signing ceremony started, friend was mad why I did not tell him, I told him that I should be mad at him for wasting my time and not telling me where and what this meeting was about. Had a fun at his expense :-)
    in couple of weeks moved to Mid North East, where I did not face any AMWAY/QUI guy/s.



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  • gc4me
    03-28 03:52 PM
    Looks like yes. I think, I-140 need to be cleared before April 26th.
    Or the day the rule gets in effect.

    I'm more concerned about this:


    Does this actually say that unless the substitution is approved before the rule becomes effective, the labor cert. would be invalidated?

    :confused:





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  • _TrueFacts
    09-05 03:27 AM
    It seems like YSR was a very evil man. We must celebrate now that he has died.

    Good riddance to bad rubbish.

    Just as we celebrate Ravana's death with sweets and lights. Good riddance ... good for AP.



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  • kumarc123
    07-23 01:38 PM
    According to my analysis based on recipted/pending I-485 they processed some 80-90K (estimated range) EB I-485 applications which 57/65% of 140k by April 2008.

    May month usage was very low, i feel June/July not to bump too much so another 20k cases. We should still have FB rollover from 07 (31K) + another 10k visa in the pool for Aug/Sept visa.

    I agree, I read all the posts and went through some figures myself, the indication is that dates for EB2 will move much faster that we had all anticipated in the past. I do somewhere agree with my friend vldrao that dates could retrogress for a small period of time (say 1 month), but eventually dates will become current soon.


    Thanks:)





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  • samay
    07-15 05:36 PM
    I have a general question on an option in case of I-485 denial. I know that if underlying I-140 gets denied, I-485 is also denied. My question : is the vice versa true. ? If I-485 gets denied, will I-140 also gets denied.?

    If I-485 is denied (AC21 issue for example), can an applicant choose Consular processing on existing I-140, assuming that it is not revoked? Just like if COS is not granted, applicant leaves country and goes to consulate for stamping ?

    I do not know the specific facts of your case but the denial of I-485 can be appealed successfully. Therefore if your I-485 gets denied your underlying I-140 does not get denied.





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  • breddy2000
    09-03 11:50 PM
    This is not your YSR's factionist land to be afraid off. Same id or not, you can't pick a hair.

    With your utmost stupidity!!!!!

    Anyway thanks for the Humor from your stupidity...





    gc28262
    06-16 04:47 PM
    Merit = Achievement

    CEOs Without College Degrees (http://images.businessweek.com/ss/09/05/0522_no_college_ceos/index.htm)

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    abhijitp
    07-03 08:17 PM
    please let me know. i have prepared an excel spreadsheet of contacts from previous IV threads + couple other sites on the web



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