Legal
07-05 12:42 PM
I called the congresswomen and senator from our constituencies. They do not have any idea what I am talking about. I think I made them more confused than ever.
We need to come up with a letter format, which can be printed and send it to them by mail as well as we need to have web fax with a clear message.
Dear Senator,
I am an immigrant who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as green card for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get the green card for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, back logs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS).
Several categories of EB immigrant visa numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, for many of us these delays have led to indentured servitude. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been shattered.
For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant .visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date�, all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.
This announcement by DOS on 6/13/2007 would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as job mobility, some freedom from the employer, work authorization for our spouses and a travel authorization known as �advance parole�. This authorization would allow us to travel outside US without fear of not being able to re-enter the country.
We spent thousands of dollars in legal fees, immigration medical exams, vaccinations, blood tests, x-rays and getting various supporting documents ready to file our immigrant petitions to USCIS. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our native countries. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all our petitions would be rejected. Within a span of 2 weeks, to be precise -in 12 working days- USCIS claims to have approved 60,000 EB immigrant visa petitions. This unprecedented rapid action of USCIS has led to exhaustion of all the available visa numbers for this fiscal year. Meanwhile it is prognosticated that in the next fiscal year which begins on October 1, 2007 our plight and delays would actually worsen.
Interestingly USCIS has never processed so many applications this fast, and it is unclear why they did not convey this potential exhaustion of visa numbers to DOS before June 13, 2007.
For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.
We sincerely seek immediate congressional/ legislative remedial measures which would
(1) Reduce the enormous backlogs of green card petitions of legal skilled immigrants
(2) Ensure and enable USCIS not to reject our immigrant visa petitions and give us interim benefits of a pending immigrant visa petition.
I make this sincere request on behalf of all legal skilled immigrants with the hope that people who played by the rules will be rewarded.
Yours Sincerely,
We need to come up with a letter format, which can be printed and send it to them by mail as well as we need to have web fax with a clear message.
Dear Senator,
I am an immigrant who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as green card for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get the green card for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, back logs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS).
Several categories of EB immigrant visa numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, for many of us these delays have led to indentured servitude. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been shattered.
For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant .visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date�, all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.
This announcement by DOS on 6/13/2007 would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as job mobility, some freedom from the employer, work authorization for our spouses and a travel authorization known as �advance parole�. This authorization would allow us to travel outside US without fear of not being able to re-enter the country.
We spent thousands of dollars in legal fees, immigration medical exams, vaccinations, blood tests, x-rays and getting various supporting documents ready to file our immigrant petitions to USCIS. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our native countries. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all our petitions would be rejected. Within a span of 2 weeks, to be precise -in 12 working days- USCIS claims to have approved 60,000 EB immigrant visa petitions. This unprecedented rapid action of USCIS has led to exhaustion of all the available visa numbers for this fiscal year. Meanwhile it is prognosticated that in the next fiscal year which begins on October 1, 2007 our plight and delays would actually worsen.
Interestingly USCIS has never processed so many applications this fast, and it is unclear why they did not convey this potential exhaustion of visa numbers to DOS before June 13, 2007.
For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.
We sincerely seek immediate congressional/ legislative remedial measures which would
(1) Reduce the enormous backlogs of green card petitions of legal skilled immigrants
(2) Ensure and enable USCIS not to reject our immigrant visa petitions and give us interim benefits of a pending immigrant visa petition.
I make this sincere request on behalf of all legal skilled immigrants with the hope that people who played by the rules will be rewarded.
Yours Sincerely,
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quizzer
08-20 05:11 PM
My wife's DL renewal is pending for more than 2 months...When we contacted DMV they said its pending clearance from DHS (homeland security) and it could take take 120+ days to get their approval.
Has anybody encountered this recently?
Thanks
Has anybody encountered this recently?
Thanks
ramkigr@hotmail.com
05-10 05:27 PM
HSBC has rejected my refinance application because neither I hold a valid H1B nor a GC. They are rejecting, if you are in AOS not have one of the above docs. BEWARE. Don't loose time and money trying with this bank, if you are in this situation. I heard some success stories, with other banks though. Good luck.
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anujcb
03-09 10:47 AM
indio, which title are they ralking abt? right now?
more...
add78
06-11 09:41 AM
Even if one member donates $100 in one calendar year to IV, it will make a huge impact in your own cause. And that just comes to 27 cents a day!!!!. Think about how much you spend on a cup of coffee or that vending machine at work or tipping at restaurants or a hair salon, folks, I am sure you can set aside 27 cents a day to help your own cause. Please donate at least $100 in a year to IV. As you have already seen, this small investment does pay handily in rewards like July visa bulletin, Admin fixes, EADs and other numerous bills/fixes/reliefs.
Donate generously, and get others to join IV.
Thank You.
Donate generously, and get others to join IV.
Thank You.
boom
05-19 08:21 PM
Congrates Ind_game,
You deserved it.Your continued and vigrous effort made the difference.
You deserved it.Your continued and vigrous effort made the difference.
more...
abhidos37
08-21 02:54 PM
Last week I went to Trenton for DL renewal with H1 extension receipt (original), letter from employer, but in vain. They need approved docs. Luckily this week I got the H1 extended and today I carried the original approved H1 I-797A and got the DL extended. I got only 2 years H1/DL extension after 6 year completion with I-140 approved and 485 in progress. Fyi
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vbkris77
06-25 06:48 PM
Reverse Brian Drain. I believe it is already been identified and some of the State governors wrote to Washington that they are observing a reverse brain drain and it is not good for the country.
I just started my GC Process, But I kept a 5 Year time frame to try this out. That is my breaking point. I am sure everybody will have some or other breaking point. I don't think I want to browse IV website lifetime.
We do need to fight and give a sincere try to achieve this before the whole thing breaks out. But if it breaks out, I am sure both ends lose. I lose an opportunity to enjoy American dream.
Of course, America loses, jobs that I am indirectly creating. Taxes that I am paying. Social security. More than everything my experience.
In all this, my home country gains. All my savings and experience will work for India. I think it is an opportunity loss for America.
Imagine, 1M people, with an average saving of 20K per year with atleast 10 Years of compounding and then sending all this money to Home country to go back and settle there. It will create enough financial turbulence for any country.
On the contrary, Imagine the other way, if they give say citizenship faster, All those Indian Savings, repatriate to America. All of a sudden, America will add lot of fortune to their GDP for free.
I just started my GC Process, But I kept a 5 Year time frame to try this out. That is my breaking point. I am sure everybody will have some or other breaking point. I don't think I want to browse IV website lifetime.
We do need to fight and give a sincere try to achieve this before the whole thing breaks out. But if it breaks out, I am sure both ends lose. I lose an opportunity to enjoy American dream.
Of course, America loses, jobs that I am indirectly creating. Taxes that I am paying. Social security. More than everything my experience.
In all this, my home country gains. All my savings and experience will work for India. I think it is an opportunity loss for America.
Imagine, 1M people, with an average saving of 20K per year with atleast 10 Years of compounding and then sending all this money to Home country to go back and settle there. It will create enough financial turbulence for any country.
On the contrary, Imagine the other way, if they give say citizenship faster, All those Indian Savings, repatriate to America. All of a sudden, America will add lot of fortune to their GDP for free.
more...
a1b2c3
09-10 12:39 PM
I don't know if anybody has noticed it but the dates for EB-2 for VB October 2007 was April 1, 2004 and for VB October 2008 is April 1, 2003. That is a retrogression of 1 year - not good. :mad:
And then you must have also noticed that in Dec 07, it moved to Jan 1, 02.
Jan 00 in Jan 08, U in Feb-March and then April 03 in April 07.
With due respect, I don't think what you have observed really points to anything, either way.
Eventually, EB2-I will move forward, probably next April or so. And yes, this is all good old speculation, it doesn't mean anything really.
And then you must have also noticed that in Dec 07, it moved to Jan 1, 02.
Jan 00 in Jan 08, U in Feb-March and then April 03 in April 07.
With due respect, I don't think what you have observed really points to anything, either way.
Eventually, EB2-I will move forward, probably next April or so. And yes, this is all good old speculation, it doesn't mean anything really.
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test101
07-06 05:26 PM
http://www.immigration-law.com/ under breaking news.
also they just updated the following
07/06/2007: Temporary Restrain Order of July Visa Bulletin Lawsuit Filed in the U.S. District Court for the Northern District of Illinois as Separate from AILF Class Action
On July 6, 2007, the attorneys of Azulay, Horn & Seiden lawfirm filed this lawsuit individually in Illinois.
seriously i'm about to loose my marbels from today confusing news.
also they just updated the following
07/06/2007: Temporary Restrain Order of July Visa Bulletin Lawsuit Filed in the U.S. District Court for the Northern District of Illinois as Separate from AILF Class Action
On July 6, 2007, the attorneys of Azulay, Horn & Seiden lawfirm filed this lawsuit individually in Illinois.
seriously i'm about to loose my marbels from today confusing news.
more...
vkotval
07-17 11:59 PM
What is this Receipt date? Is it the date when your AOS petition reaches USCIS?
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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gc9906
01-09 06:00 PM
CA-EB2-RIR
Case Source: Region
Priority Date: 12/02/2003
Case Received Date: 12/08/2004
My attorney received a letter from DOL 11/21/2005 noticed the case closure, replied the next day mentioned this is an error to close this case.
FedEex another letter to DOL to reiniate reopen this case on 11/29/2005.
Still no message from DOL now.
ETA#: P-04324-XXXXX
45DL Sent: 03/10/2005 - Attorney & Company did NOT receive it
Notice of Case Closure: 11/21/2005
Try to reopen now
What should I do for this error cause by DOL or USPS?
Case Source: Region
Priority Date: 12/02/2003
Case Received Date: 12/08/2004
My attorney received a letter from DOL 11/21/2005 noticed the case closure, replied the next day mentioned this is an error to close this case.
FedEex another letter to DOL to reiniate reopen this case on 11/29/2005.
Still no message from DOL now.
ETA#: P-04324-XXXXX
45DL Sent: 03/10/2005 - Attorney & Company did NOT receive it
Notice of Case Closure: 11/21/2005
Try to reopen now
What should I do for this error cause by DOL or USPS?
more...
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prashanthg
09-10 05:06 PM
I guess the reason for moving back eb2 I dates is strategic. Since they have the whole year to use the 140 K visas, they might be trying to start the year conservatively, trying to honor FIFO.
The aggressive movement of dates in last quarter was ONLY to prevent the visa number wastage.
I think the reason for the retrogression in EB2-I is obvious.
There are only 800 visas available for EB2-I for any given quarter (remember the 7% country quota). The spill overs from EB2-ROW and EB1 start only after few months.
EB2-I will move after the DOS looks at the unused visa numbers from EB2-ROW and EB1, hope fully next quarter.
There are no spill overs into EB3-I, so it won't move any time soon.
Note: I am not commenting on USCIS approving cases with later dates before older priority dates.
The aggressive movement of dates in last quarter was ONLY to prevent the visa number wastage.
I think the reason for the retrogression in EB2-I is obvious.
There are only 800 visas available for EB2-I for any given quarter (remember the 7% country quota). The spill overs from EB2-ROW and EB1 start only after few months.
EB2-I will move after the DOS looks at the unused visa numbers from EB2-ROW and EB1, hope fully next quarter.
There are no spill overs into EB3-I, so it won't move any time soon.
Note: I am not commenting on USCIS approving cases with later dates before older priority dates.
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eastindia
09-27 12:52 PM
I am waiting for 14 yrs.
Arrival 1996 Jan
F1 1996
EB3
GC filed 2003 Aug.
HAVE MS in US. But employer filed in EB3. STUCK
STILL WAITING FOR GREEN.
You are only waiting for 7 years. Wait time is calculated from Priority date not the date you enter the country.
Arrival 1996 Jan
F1 1996
EB3
GC filed 2003 Aug.
HAVE MS in US. But employer filed in EB3. STUCK
STILL WAITING FOR GREEN.
You are only waiting for 7 years. Wait time is calculated from Priority date not the date you enter the country.
more...
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Milind123
09-13 11:36 AM
Hello guys
For many of us, today is payday. What better day than today to make your first time contribution. I understand most of the money that we get is earmarked for something or the other. In a few days we again start our long wait for the next paycheck. On CNBC, I heard one commentator talking about consumers and how apt they were to rearrange their expenditure to the changing environment. For us, the environment is pretty static in the Green card world and there is very little change in the last several years.
So I urge you to rearrange your expenditure and contribute and see the environment change.
Please remember I will contribute $25 for each contribution of $100 from a member who is making this contribution for the first time.
Thanks for listening
Milind123
For many of us, today is payday. What better day than today to make your first time contribution. I understand most of the money that we get is earmarked for something or the other. In a few days we again start our long wait for the next paycheck. On CNBC, I heard one commentator talking about consumers and how apt they were to rearrange their expenditure to the changing environment. For us, the environment is pretty static in the Green card world and there is very little change in the last several years.
So I urge you to rearrange your expenditure and contribute and see the environment change.
Please remember I will contribute $25 for each contribution of $100 from a member who is making this contribution for the first time.
Thanks for listening
Milind123
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gc_chahiye
07-20 06:37 PM
July filers SCREAMED for the right to simultaneously file after the government realized they had to reneg on their bulletin precisely because they could NOT cope with these numbers. AILA screamed that it had to do it or they would sue.
Well it's done. Happy now?
I remember talking of how the all current bulletin was a big mistake in the first place because of the jam it would create and i was shot down for suggesting such a thing.
And now the massive backlog is the result.
You can't have your cake and eat it too.
No sooner do some get the right to file for EAD than they are bitching about how long it will take to get it.
I urge you to show some patience. Receipting alone is taking monumental amounts of time. So chill, focus on other things and enjoy whatever privileges you have.
Rampant speculation built on figures from people like Mathew Oh and assumptions about how and when resources are allocated to EAD processing are just one assumption built upon another. They do nothing but terrify people.
It's hard waiting. I came here in 2000. Still I wait. Almost 8 years now. And I hate it. But make no mistake about it. We are, for now at least, guests in this country and we have all, almost without exception, learned early in this process that there would be many frustrating delays.
One thing people forget is that the USCIS is WHOLLY self funded. This pre-fee-raise deluge just knocked 250 million out of the operating budget. And we wanted it that way. Now, sadly, we'll need to show some patience.
Perhaps with a little luck, they will again introduce interim EADs from local SA offices. Keep your fingers crossed.
thats one way to look at it. The other way to see this is that:
- given enough people making noise its possible to get DOS/USCIS to make changes and fix things. this has now been proven.
-there is a lot more visibility for EB related issues now, so much better chance of recapture or exemption for spouses from VB calculations etc.
- instead of focus being on filing 485 without visa numbers (which is what IV focussed on for a while) everyone will now focus right at the root of the problem. All 500K are now focussed on solving the main issue.
Well it's done. Happy now?
I remember talking of how the all current bulletin was a big mistake in the first place because of the jam it would create and i was shot down for suggesting such a thing.
And now the massive backlog is the result.
You can't have your cake and eat it too.
No sooner do some get the right to file for EAD than they are bitching about how long it will take to get it.
I urge you to show some patience. Receipting alone is taking monumental amounts of time. So chill, focus on other things and enjoy whatever privileges you have.
Rampant speculation built on figures from people like Mathew Oh and assumptions about how and when resources are allocated to EAD processing are just one assumption built upon another. They do nothing but terrify people.
It's hard waiting. I came here in 2000. Still I wait. Almost 8 years now. And I hate it. But make no mistake about it. We are, for now at least, guests in this country and we have all, almost without exception, learned early in this process that there would be many frustrating delays.
One thing people forget is that the USCIS is WHOLLY self funded. This pre-fee-raise deluge just knocked 250 million out of the operating budget. And we wanted it that way. Now, sadly, we'll need to show some patience.
Perhaps with a little luck, they will again introduce interim EADs from local SA offices. Keep your fingers crossed.
thats one way to look at it. The other way to see this is that:
- given enough people making noise its possible to get DOS/USCIS to make changes and fix things. this has now been proven.
-there is a lot more visibility for EB related issues now, so much better chance of recapture or exemption for spouses from VB calculations etc.
- instead of focus being on filing 485 without visa numbers (which is what IV focussed on for a while) everyone will now focus right at the root of the problem. All 500K are now focussed on solving the main issue.
more...
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roseball
08-23 09:49 AM
AFAIK, this memo only applies to those I-140 petitions which do NOT require a labor certification approval. It does NOT apply to EB-2 Advanced degree holder petitions which require a certified labor and BS + 5 yrs or MS + 0 yrs of experience.
Though, for now, most of us who are filing in EB-2 Advanced degree holder category have nothing to worry, this definitely looks like a targeted approach where they are coming after everybody, one category at a time. So its just a matter of time it seems when they come up with something which targets everyone...
As per Matthew Oh's blog, this will be adopted on Sep 3rd.
Though, for now, most of us who are filing in EB-2 Advanced degree holder category have nothing to worry, this definitely looks like a targeted approach where they are coming after everybody, one category at a time. So its just a matter of time it seems when they come up with something which targets everyone...
As per Matthew Oh's blog, this will be adopted on Sep 3rd.
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DSLStart
08-23 10:10 AM
My friend EB2 is all ONE category. Please see the OR in that sentence.
to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
Its sad but its going to apply for all EB2 applicants.
I agree.
Here is INA 203(2)A:
This memo is in relation to "exceptional ability" category which is different from the category most EB2 filers apply.
to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
Its sad but its going to apply for all EB2 applicants.
I agree.
Here is INA 203(2)A:
This memo is in relation to "exceptional ability" category which is different from the category most EB2 filers apply.
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Becks
03-19 05:29 PM
I bought a home recently in PA. All I showed are I485 receipt, expired visa on passport,employment and other proof of income . They never asked me the EAD. Loan is through BOA. Most of the immigrants maintain good credit scores so there is good chance of getting loans approved.
MDix
03-10 11:23 AM
This is turning out to be TRUE.
Past week, I made this comment and some people made fun of it. But, it's turning out to be true. They are now fully focusing on EB3 and I think they will continue to do untill they finish all Eb3. Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB. They don't have to make EB3-ROW current to give some spill-over to EB3-I. What ever will be left at the end of quarter will be spilled across EB's.
I am expecting lot of REDs on this one.
Thanks,
MDix
That is not true, my lawyer who is very influential and he has some good contacts he told me that this year spill-over would be different form last year. I was stupid so didn’t believe him about July 2007, and paying it for now for not having EAD.
I know this is hard to believe especially if something comes from lawyer.
Thank's
MDix
Past week, I made this comment and some people made fun of it. But, it's turning out to be true. They are now fully focusing on EB3 and I think they will continue to do untill they finish all Eb3. Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB. They don't have to make EB3-ROW current to give some spill-over to EB3-I. What ever will be left at the end of quarter will be spilled across EB's.
I am expecting lot of REDs on this one.
Thanks,
MDix
That is not true, my lawyer who is very influential and he has some good contacts he told me that this year spill-over would be different form last year. I was stupid so didn’t believe him about July 2007, and paying it for now for not having EAD.
I know this is hard to believe especially if something comes from lawyer.
Thank's
MDix
Macaca
09-14 12:25 PM
S Mitra Kalita (kalitam@washpost.com) who has written many articles (http://pqasb.pqarchiver.com/washingtonpost/results.html?st=basic&uid=&MAC=50a23aa1f3f5c6104e90e36051420d61&QryTxt=mitra+kalita&sortby=REVERSE_CHRON&x=5&y=1) on us
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