conchshell
05-11 08:49 PM
Its amazing how this community reacts to these set backs. For last few months I have been consistently seeing people with EB-3 complaining and pleading to the community to come together and join hands to eliminate the country cap. But most of the words fell of dumb ears. Most of the EB-2 members did read the pleads and requests, but did not bother to take and concrete actions or even comment on it.
Now that the EB-2 is regrogressed to 2000, suddenly all the EB-2 members jump in. What happened, friends?
This is plain selfishness - on the part for few lil stratured people. They should be ashamed of themselves or even to comment on these forums and come up with ideas.
You got it just right. Dear friend, this is the truth for immigrant community. Everyone here stands for their own GC, how can we expect others to fight for you. So as and when USCIS hurts different categories, people come here and form a loosely coupled organization.
Now that the EB-2 is regrogressed to 2000, suddenly all the EB-2 members jump in. What happened, friends?
This is plain selfishness - on the part for few lil stratured people. They should be ashamed of themselves or even to comment on these forums and come up with ideas.
You got it just right. Dear friend, this is the truth for immigrant community. Everyone here stands for their own GC, how can we expect others to fight for you. So as and when USCIS hurts different categories, people come here and form a loosely coupled organization.
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Amma
02-24 08:07 AM
Thanks for your help the common cause.
Keep it up.
Keep it up.
sammyb
11-17 05:23 PM
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Senator Franken (D-MN)
Senator Klobuchar (D-MN)
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alterego
03-08 06:27 PM
Very well written. I can tell you through my observations of living in this society for 35 years:
1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)
2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)
3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.
4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.
5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).
Now I don't want to get people upset but let's look at some things that have happened since 2005:
There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.
In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.
In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas
Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.
Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.
Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?
This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.
In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I + C.
As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time, I believe that there are many Eb3ROW folks with PDs later than mine that have sailed through ahead of me! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
In the mean time, those like me have dealt with a barrage of other processing changes that have also affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.
1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)
2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)
3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.
4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.
5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).
Now I don't want to get people upset but let's look at some things that have happened since 2005:
There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.
In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.
In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas
Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.
Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.
Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?
This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.
In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I + C.
As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time, I believe that there are many Eb3ROW folks with PDs later than mine that have sailed through ahead of me! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
In the mean time, those like me have dealt with a barrage of other processing changes that have also affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.
more...
diptam
06-22 07:19 PM
You have a good suggestion but signing a BOND would be the last option..
I'm already paying for 485 fees - 395 + 350(med) + 170 + 180 almost $1100
I can't afford to hire a lawyer - how much they charge ?
Get on with sweet talks with him, do whatever he tells u to do (like sign a contract, pay ur GC cost etc). After filing u have an option to change the employer after 6 months and then no employment bond works. He will just ask for money when ur leaving him and if he doesnt give ur salary, talk to him polietly and mention the words 'Dept of Labor' in your conversation.
BTW, I got my wife salary from her employer and one of my friend was also 'bonded' ..got rid of his employer too ...using those words.
My employer is desi consultant too and is very good in such matters, quite helpful. I would recommend him to anyone. Most desi consultants are blood suckers but not all.
Good luck.
I'm already paying for 485 fees - 395 + 350(med) + 170 + 180 almost $1100
I can't afford to hire a lawyer - how much they charge ?
Get on with sweet talks with him, do whatever he tells u to do (like sign a contract, pay ur GC cost etc). After filing u have an option to change the employer after 6 months and then no employment bond works. He will just ask for money when ur leaving him and if he doesnt give ur salary, talk to him polietly and mention the words 'Dept of Labor' in your conversation.
BTW, I got my wife salary from her employer and one of my friend was also 'bonded' ..got rid of his employer too ...using those words.
My employer is desi consultant too and is very good in such matters, quite helpful. I would recommend him to anyone. Most desi consultants are blood suckers but not all.
Good luck.
hari_babu22
11-17 05:31 PM
done
more...
ashwin_27
11-19 01:25 PM
The goal of this action item is to get as many impacted EB folks to write to/talk to their lawmakers. i assume that is why this action item was announced on the public forum.
For every anti-immigrant who might view this message, we hope that there will be 20-50 EB folks who speak up and act on the action item. We cannot be scared of opposition and limit every action item to members only...that way we will never get a mass response that is required for such an initiative.
We have 29 guests viewing this thread as I type! Can we make this forum members only? IMHO they are not adding any value and may contain prying anti's in their mix....
For every anti-immigrant who might view this message, we hope that there will be 20-50 EB folks who speak up and act on the action item. We cannot be scared of opposition and limit every action item to members only...that way we will never get a mass response that is required for such an initiative.
We have 29 guests viewing this thread as I type! Can we make this forum members only? IMHO they are not adding any value and may contain prying anti's in their mix....
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485Mbe4001
03-08 02:24 PM
very well said... i encounter this all the time when i talk about IV to others...(extreme ignorance, indifference, lack of optimism, lethargy, let someone else do my work and finally superfical sympathy)
We have everything to gain and and little to loose, still no one cares...
your quote "After paying taxes, after following all immigration laws, after getting all the education in the world to become "Highly skilled", the highly skilled cant bring themselves to stand-up with a straight spine, thump their desk and talk to their lawmaker."
sums it all up.
Yes, and a lot of people know that there are highly skilled people who are depressed and that takes a toll on employee productivity.
....
.
We have everything to gain and and little to loose, still no one cares...
your quote "After paying taxes, after following all immigration laws, after getting all the education in the world to become "Highly skilled", the highly skilled cant bring themselves to stand-up with a straight spine, thump their desk and talk to their lawmaker."
sums it all up.
Yes, and a lot of people know that there are highly skilled people who are depressed and that takes a toll on employee productivity.
....
.
more...
psk79
08-29 09:44 AM
I filed late June at NSC trs to Texas and received on July 2nd. Just received my RN yesterday for my 485. On line it says that my ead has been approved and the notice went out on the 25th.
Did your checks cashed before you got the receipts? or receipts much faster?? Congrats!
Did your checks cashed before you got the receipts? or receipts much faster?? Congrats!
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sparky_jones
09-23 04:20 PM
* is expected to move very slightly forward
* are expected to move slowly
* is expected to move very slowly
* is expected to remain unchanged
* to move very slowly forward
I love english. You can say the same thing in 10 different ways without hurting others.
-- He could have done it with just two words as "Forget it" and closed the meeting.
Very well said. There was very little new information, yet the use of language makes it look like several new and significant facts are being disclosed. True hallmark of Washington DC!
* are expected to move slowly
* is expected to move very slowly
* is expected to remain unchanged
* to move very slowly forward
I love english. You can say the same thing in 10 different ways without hurting others.
-- He could have done it with just two words as "Forget it" and closed the meeting.
Very well said. There was very little new information, yet the use of language makes it look like several new and significant facts are being disclosed. True hallmark of Washington DC!
more...
zeta7
03-23 11:35 AM
First of all, when you land in Canada, do not tell them that you are there for a short while and you will go back to USA may be next day. They dislike it. I wasn't given the best treatment and they did not put a request for PR card in the system. It is their way of penalizing you for having Canada PR as a second option. I came back to USA very next day by road and called CIC Canda, they took my friend's address in Canada and mailed the PR card. She said, Immigration officer should have put a PR card request in the system. Canadian immigration officers very well know that there is 200 mile long GC line in the US and people are using Canada as a backup plan. I guess they dislike being a "backup plan".
Now, let us say that your US VISA is expired on your passport, you can still go to Canada and come back to USA after claiming your PR status in Cananda. Automatic VISA revalidation rule gives you the ability to come back to USA even with an expired VISA but approved I-797 under 2 conditions -
1. You stayed in Canda for less than 30 days.
2. You did not apply for US VISA in Canada and got rejected.
One more thing, when you fly back from Canada to USA, your immigration happens in Canadian airport itself. So you will land in US domestic airport and walk as if you are coming out of a domestic flight. Hope it helps. Good Luck.
Thanks for the reply kumar1. However, I never left the country after changing from F1 to H1b status, so I don't even have an "expired" H1b visa stamp in my passport, just an expired F1 stamp. I don't know if that will complicate AVR, so was planning on using my AP.
Were you in a pending 485 when you returned after landing in Canada? Any issues with US immigration? That is my main concern; I especially don't like the idea of having an RFE attached to my 485 because of this.
Also, can you comment on this plan I've been considering: I'd like to visit India too, so how about if I fly to Canada, get my Canadian landing taken care of, then fly to India from Canada, spend some two weeks in India, then return to the U.S. using my AP. Can you think of additional potential problems there?
Thanks!
Now, let us say that your US VISA is expired on your passport, you can still go to Canada and come back to USA after claiming your PR status in Cananda. Automatic VISA revalidation rule gives you the ability to come back to USA even with an expired VISA but approved I-797 under 2 conditions -
1. You stayed in Canda for less than 30 days.
2. You did not apply for US VISA in Canada and got rejected.
One more thing, when you fly back from Canada to USA, your immigration happens in Canadian airport itself. So you will land in US domestic airport and walk as if you are coming out of a domestic flight. Hope it helps. Good Luck.
Thanks for the reply kumar1. However, I never left the country after changing from F1 to H1b status, so I don't even have an "expired" H1b visa stamp in my passport, just an expired F1 stamp. I don't know if that will complicate AVR, so was planning on using my AP.
Were you in a pending 485 when you returned after landing in Canada? Any issues with US immigration? That is my main concern; I especially don't like the idea of having an RFE attached to my 485 because of this.
Also, can you comment on this plan I've been considering: I'd like to visit India too, so how about if I fly to Canada, get my Canadian landing taken care of, then fly to India from Canada, spend some two weeks in India, then return to the U.S. using my AP. Can you think of additional potential problems there?
Thanks!
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Pineapple
10-26 11:31 AM
TheOmbudsman, what Exactly is the point you are trying to make? You have been moaning about pretty much everything under the sun, but I cannot see a coherent strategy being proposed as an alternative.
more...
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shantak
05-19 09:26 PM
I am a 2 July 2007 filer. Many SR's and calls later no FP.But I applied for EAD and AP renewal last week.I got the FP notice in mail today.
So I think that the renewal may trigger a FP notice.
-R
Did you efile your EAP and AP renewal.
So I think that the renewal may trigger a FP notice.
-R
Did you efile your EAP and AP renewal.
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vjkypally
07-20 09:34 AM
I pledge 100$.I know this is nothing compared to the sacrifices made by Aman.
more...
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GCNaseeb
11-21 07:26 PM
Hi Mehul,
I am so sad and speechless after reading this. The next moment, I remembered that, my Metlife Insurance agent's husband had the same story. But miracle happened; he survived. So don't loose your hope. Sometimes hope is the best medicine.
My prayers are there for you. You will live long years, don't worry.
To answer your question, though I am not aware of any laws for this type of situation, we can always try. I would try to get an appointment with either Zoe Lofgren or Nancy Pelosi. May be there are ways. If you need help, let us know we can accompany you.
I am so sad and speechless after reading this. The next moment, I remembered that, my Metlife Insurance agent's husband had the same story. But miracle happened; he survived. So don't loose your hope. Sometimes hope is the best medicine.
My prayers are there for you. You will live long years, don't worry.
To answer your question, though I am not aware of any laws for this type of situation, we can always try. I would try to get an appointment with either Zoe Lofgren or Nancy Pelosi. May be there are ways. If you need help, let us know we can accompany you.
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sayonara
08-24 03:24 PM
being anguished about the situation of not getting receipts and even worse - not being able to track or check status...I emailed the attorney and asked if he could check for encashed checks or if their firm is getting july 2nd receipts...
His response :
"We have just started getting receipts for some of the June applications we sent. I am surprised that July filers are already getting their receipts and somehow find it hard to beleive thats the case. Anyhow we have no updates on ur case."
:mad::mad::mad:
His response :
"We have just started getting receipts for some of the June applications we sent. I am surprised that July filers are already getting their receipts and somehow find it hard to beleive thats the case. Anyhow we have no updates on ur case."
:mad::mad::mad:
more...
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GCcomesoon
06-13 10:36 AM
Did your other set of checks cashed yet?:confused:
Nope, I haven't got the receipt nos for one set of checks yet, I guess people filing with TSC are getting receipt nos & also the notices.I know few friends of mine got thier notices too
Thanks
GCcomesoon
Nope, I haven't got the receipt nos for one set of checks yet, I guess people filing with TSC are getting receipt nos & also the notices.I know few friends of mine got thier notices too
Thanks
GCcomesoon
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vkallank
07-20 08:31 AM
I pledge $250 towards this fund.
i have been a active member for quite some time but i wasnt aware of the financial sacrifices IV Core team was making until I read the businessweek article. i have been contributing monthly recurring payments and one time contributions as and when necessary.
Thanks to whoever started this topic to refund some of the expenses core team has met. Thanks to IV core team for their unselfish acts and sacrifices.
i shall see if i can contribute more in the near future to this fund.
i have been a active member for quite some time but i wasnt aware of the financial sacrifices IV Core team was making until I read the businessweek article. i have been contributing monthly recurring payments and one time contributions as and when necessary.
Thanks to whoever started this topic to refund some of the expenses core team has met. Thanks to IV core team for their unselfish acts and sacrifices.
i shall see if i can contribute more in the near future to this fund.
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nepaliboy
05-21 06:06 PM
Hi,
Why did you have to pay $25? Is it for any official fees? Did you get a receipt for that 25$?
Just curious.
GCCovet
because my appointment date is may 28th , he asked if i will pay for him he will do that today so i did
Why did you have to pay $25? Is it for any official fees? Did you get a receipt for that 25$?
Just curious.
GCCovet
because my appointment date is may 28th , he asked if i will pay for him he will do that today so i did
akhilmahajan
02-09 05:25 PM
Thanks a lot srinivas.
Grand Total - $649
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Paid $50 through Bank Of America bill pay.
Confirmation number: 8MT87-N97Y8
Grand Total - $649
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Paid $50 through Bank Of America bill pay.
Confirmation number: 8MT87-N97Y8
waiting_4_gc
08-26 10:49 AM
July 5th filer.
Checks cashed on 08/13
Receipt notices received on 08/20.
Checks cashed on 08/13
Receipt notices received on 08/20.
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