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  • amitjoey
    12-22 02:29 PM
    Dear Sir/Madam

    I have been in the country Legally on a student visa and then on a work visa for 10 years. I have been in line and have applied for a greencard 6 years ago and my application has been shuttled through various departments and agencies in a 4 step procedure and now being stalled for want of a number (An immigrant number) for a highly skilled immigrant. There are an estimated 1/2 million legal law abiding, tax paying individuals in a similar situation who need your attention. All of them are in the country on a work visa and are in line to recieve an employment based green card.

    The Employment based green card system is completely broken due to excessive delays and backlogs in petitions of nearly half a million highly skilled workers who are certified by US Government to be doing a job that no US citizen is willing, qualified or able to do. The delays in obtaining a permanent residency are due to 2 reasons: Numerical caps on employment-based green cards and processing delays in adjudication of files. Today the system takes anywhere between 6-12 years to grant Green cards to some of the best and brightest of the world who have chosen America as their future home.

    These future Americans are facing huge quality of life issues and their employers are facing difficulty in attracting more of the best and brightest of the world due to the broken system. The system prevents these workers from accepting promotions and switching jobs for the time-period it takes to process their files. By stagnating career growth and suffocating the creativity of the most innovative and technical minds of the world.
    The processing delays mock America�s respect for those who �play by the rules� and get in line. At the same time USCIS awards 10s of thousands of greencards to people every year outside of USA based on a pick or lottery.

    At the end of 2006, there were an estimated 200,000 employment-based principals waiting for labor certification, which is the first step in the U.S. immigration process. The number of pending I-140 applications, the second step of the immigration process, stood at 50,132. This was over seven times the number in 1996. The number of employment-based principals with approved I-140 applications and unfiled or pending I-485s, or the last step in the immigration process, was 309,823, a threefold increase from a decade earlier. Overall, there were 500,040 employment-based principals (in the three main employment visa categories of EB-1, EB-2, and EB-3) waiting for legal permanent residence. And the total including family members was 1,055,084.

    These numbers are particularly troubling when you consider there are only around 120,000 visas available for skilled immigrants in the EB-1, EB-2, and EB-3 categories. To make things worse, no more than 7 percent of the visas are allocated to immigrants from any one country. So immigrants from countries with large populations like India and China have the same number of visas available (8,400) as those from Iceland and Poland.

    At the same time, a debate rages about H-1B visas and this gets considerable press coverage. Companies such as Microsoft, Intel, and Oracle have been lobbying for visas to bring in skilled immigrants, but have focused on expanding the numbers of H-1B visas available. Why? Perhaps because workers on these visas are desirable, as they are less likely to leave their employers during the decade or more they are waiting for permanent residence.

    So we want skilled immigrants, but we want them to come on the right visas as permanent residents. The battles being fought are about bringing in more people with H-1B visas�not about those who are already here with them and stranded in �immigration limbo.�

    Unlike many of the problems facing the United States, this one isn�t hard to fix. All we have to do is to increase the number of visas offered to skilled workers in the EB-1, EB-2, and EB-3 categories from 120,000 to around 300,000 per year. And we need to remove the per-country limits. Instead of requiring graduates from top universities who receive jobs from American corporations to go through the tedious H-1B visa process, we should provide a direct path to permanent residence. We are now competing with the rest of the world for the best talent. We need to do all we can to attract and keep skilled immigrants, rather than bring them here temporarily, train them, and send them home.
    One more most important aspect is also to provide an oversight over USCIS. Presently, processing delays, lost paperwork, incourteous and bad customer service and above all a non-transparent system is what immigrants face. Why should legal tax paying immigrants wait in line patiently for half a decade and pay high fees to get lousy customer service and no accountability for fees?.


    Yours truely,
    Frustrated, law abiding, tax paying immigrant





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  • my2cents
    11-10 03:33 PM
    That was a great one jthomas. 100% agree.
    Have decided to dump my H1 for good and start EAD on my new AC21 job soon.

    getting job on EAD is much easier than h1b sponrsorship. AC-21 law was created to protect employee because of processing time taken by INS at that time.
    At that time, USCIS ( former INS ) was taking probably more than 1 year.
    By law, you can safely jump on 181 days and a lot of people are thinking of that for whatever reason. But my take will be that you should not jump on new job if
    - If you are relatively stable in ur job and compensated ok.
    - ur PD is very old (2001-02) because you case may be close to adjustication.
    - You may have greater challange keeping ur new job if economy went south

    if you get laid off from a job then it is much better to get a job on EAD rather than H1b. Probably underlying intention was AC-21 to protect alien in case he gets laid off. I know a lot of people take taken advantage of AC-21 and it is good.
    BUT final regulation has not been published and USCIS final rule of AC-21 may be severely restircted in final rule (especially with July VB fiasco)


    just my 2 cents





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  • Humhongekamyab
    07-02 03:00 PM
    I am not contradicting you but just guaging the effect on employers. I aggree that if complaints keep pouring in, the equation changes. But as of now, I see only a few employers on that website and they have just been barred for few years

    Sorry for jumping the gun; it sounded like a contradiction. My bad.

    If you look at the ICE's public releases you will see they start investigating a case months before they announce their conclusions. I know in some cases the employers will be able to get away with small fines but we should not let this stop us.





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  • sravani
    05-24 02:37 PM
    You know what RFES for Z1 visa would be easy to answer than for H1B visa.

    RFEs for Z visa? No way...!

    USCIS is not allowed to send RFEs for the mighty Z visa applicants. All they need is a letter from friend saying they crossed the border before Jan 1, 2007 and they will get the Visa with in 24 hours.



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  • shana04
    06-17 01:11 AM
    Hi,

    Today I met an attorney..

    Any thoughts??

    My Friend I will pray for you and your family.

    All I can say is pray to Durga Ma and she will protect you and your family.

    All friends from IV have given you good suggestions. But my friend take cash out of bank and keep some liquid cash or safe with a friend whom you can trust, you cannot believe/trust these bunch of A** H***S.

    Keep faith in God and give some support to your wife and kids, do not get dis hearted, all you can finally do is file for bankrupcy.

    Good Luck to you and GOD BLESS YOU AND YOUR FAMILY.

    JAI DURGA MA





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  • mhathi
    09-17 11:20 AM
    seeing more and more members coming... hopefully that means the house session is ending soon



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  • kubmilegaGC
    09-17 09:28 PM
    Thanks kubmilegaGC!

    I will call the senators immigration liaison tomorrow. Hopefully she will not tell me that they cannot do anything besides what they have done because that is what they told me in September last year when I got a standard response last year.

    Unfortunately nobody understands the pain and agony we are going through. For them, its just another day at the office, they couldnt care less. Nevertheless, I am going to try tomorrow.....hey, cant give up that easy.

    I will call CS again tomorrow, I dont mind being yelled at and I am gonna tell her this time that I have not opened a SR. Atleast, she will then transfer my call to a IO.

    Let's see what tomorrow has in store for me!!

    do you have SR opened for your wife?





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  • dpp
    06-13 10:31 AM
    Nice post, containing real facts.

    You are purely thinking about your perspective and neglecting the purpose of GC for the country.
    To qualify in EB1/Eb2/EB3 depends on some factors:

    EB1: Extra ordinary candidate, may or may not be represented by employer
    EB2: Senior Level: Job duties have to justify need for advance degree candidate (or BS + 5yrs exp) and then candidate must qualify too
    EB3: 16 years of education (ideally) with degree in related field (lets talk IT for now)

    Now current status and its cause:

    EB1: - No jumping, no gaming system : Hence NO DELAYS

    EB2: - Good chunk with genuine apps, some gaming system where applicant qualify but not the job, some gaming system and taking very high risk by showing BS +5 yrs (they actually don't have +5 factor), other jumping the category (legally :D) but taking very high risk for RFE

    Result: Got retrogressed

    EB3: Good chunk with genuine apps, some unfortunate ppl who do qualify but job doesn't support experience or higher pay, lot of gaming system with BS (3yr) in non Computer/IT and showing 1yr certifications etc, and everybody who does not qualify for EB1/EB2, lot of nurses (I heard someone said nurses in back)
    Result: Severely retrogressed with no hopes in horizon

    Now lets look at market demand ( we know supply of apps is pretty darn good)
    EB 1: Very very high : general pay range starts from $250k+ and goes up to $400k for fresher (PHDs) and in upper $150k for Int'l Managers

    EB 2:: High, general pay starts high $80k and goes somewhere $140k+,

    EB 3:: good, starts from upper $40k and goes somewhere $65-70k, (lots of job and lots of applicant)

    Now lets take a look at Supply of Apps (Assumption 1M apps already in system):
    EB1: say 50K (5%) - (fast processing - Express lane)
    EB2: may be 200K (20%) - (sounds good on paper but in realty slow but moving)
    EB3: everything else (75%) (OMG :eek: stampede : frustration with no visible progress)

    Now lets checkout preference:
    Preference from perspective of country, what benefits country the most:

    EB1: ohh : lets get them in ASAP
    EB2: yes yes we welcome you please come in (after some long wait)
    EB3: OMG its flood of ppl, use extra strong flood gate and keep them out as long as possible, and let them in with very low rate


    Now This:
    Like everything in the world, the fewer the qty the hotter the product,
    the abundance kills the market, applies perfectly with EB2, in 2000-2001 it used to take 12-24 months and you have GC in hand, and now .. may be by my kids turns 16yrs, and EB3: 2000-2001 use to take about 3 yrs and but right then we started getting flood, and thanks to 200K H1bs in 2001-2.

    End of the day EB1/EB2/EB3 all are immigrant and are victim of broken system (I�m sure EB1 disagree here with me because they enjoy express lanes), it need fix but is it high priority for law makers or we just think it is?
    how desperate we are to provide help? or we are just good at reading/writing here and using IV and other forums for venting out? ask yourself

    The list goes on and my analysis goes on, but these are just my thoughts thinking out loud,
    and trying to think for a solution.... Next thought -> Solution, I will post in coming days



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  • mallikonnet
    07-20 10:20 AM
    Zoooom & Anzerraja:
    The core membership may be modest and may not want to speak out much on this issue. It becomes our prerogative to drive this.

    Lets do this. Zooom do you mind opening a separate thread, "Reimburse past expenses to Aman & other IV Core members" or something like that. Please post a message asking people to "pledge" an amount towards that effort. Can you two drive this effort. I am also available for assistance.

    We will update members who pledge how to finalize their pledge by any of the following methods based on subsequent expert advice:
    1) Should they contribute to IV directly
    2) Send a personal check to Aman.
    3) Other method like IV reimbursing Aman and others from the common donation corpus.


    Hi Everybody it is a great idea to reimburse aman. Absolutely we have to do it through IV. it is not good idea giving personal checks. what happens when Aman submits his federal taxes. he has to mention everything about the money trail. In America everything should be trailable especially money matters.

    giving money through IV is safe for him and for everybody and there is an accountablity everywhere. As a core member he can collect his administrative costs.

    So whatever the pledge amouts we are doing should be sent to IV then to Aman.

    Any suggestions......





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  • chetanjumani
    03-14 02:15 PM
    We have seen that even after the PD being current, there have been many people whose cases have not been approved. We saw last year in July many cases with later priority date and later receipt dates were approved and people with earlier PD and earlier Receipt dates still waiting,

    Now with the 180 day rule for FBI name check, things could be expected to be little better, but we have to remember that since most of the cases are paper based, some one has to physically get to cases from a huge storage, sort it manually, distribute it manually and get it adjudicated.

    So even if the visa number is current, just beacuse the number of applications are so high that we still cannot say for sure whose cases are going to be approved.

    From www.immigration-information.com, it appears, the biggest factor in getting the GC visa number allocated to a case is, having a case ready to be adjudicated and in the hands of an immigration officer at a time, when both processing date and priority dates are current. It appears that even after the huge retrogression, there were not enough demand for AOS based approvals, so they had to PD current to allow CP based cases to use the visas and ensure they are not wasted. I like the fact that visa were at least not wasted, but I would have loved to see applicants who have been waiting for years to have a first opportunity to that visa, specially because they have done everything that any one could do.

    I have been pro-fee increase by USCIS, only provided that they will use this money to expedite the processing, make things eletronic, make things more transparent, and to be honest, I feel the overall improvements are happening. Though I still see a lot of scope for futher improvements.

    We have clearly seen that labor processing has been improved dramatically with PERM. Now waiting for years to get Labor is almost history. I hope that IV and all its members direct its efforts towards ensuring that we see the improvements in efficiency that we expected to happen with fee increases.

    Lets unite together to work for a system which is fair and efficient for everyone. Lets contribute to IV administrative fixes and any other efforts which will ensure a higher efficiency and better utilization of visa numbers for AOS applications.

    I would like to take this opportunity to ask all the smart and creative people here to put some effort and find out what real steps could be taken
    Like
    - Identify what was expected from the fees increases like
    =>more information online about the case status.
    => Some tracking on how much backlog is reduced each month
    => come up with a trend of how much time it would take to complete the backlog.
    => Use the statistics, to keep the pressure on the agencies, to improve effencies.
    - Verify that those steps (which needed fee increase) have actually taken place
    - Maintain Statistics to show how successful Fee Increase was ....
    - Ask for multi year EAD/AP
    - Ensure, that once a higher fees is paid for EAD/AP, every one should be treated equally(as in all other renewals should be free)

    Keep coming up with what all needs to be done. How we could track it. How could we maintain statistics which would put the needed pressure on agencies which need to improve....

    Again I would encourage to come with ideas which will unite the legal immigrants togther and be fair to every one instead of ideas that will divide us and help one group at the cost of other.

    We all deserve to get cases processed in a reasonable time. SO lets put ideas together....................



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  • trueguy
    08-12 11:17 AM
    Bump





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  • Wendyzhu77
    07-12 10:01 AM
    exactly. whatever they do, it will not be fair, so it is really a huge mess created by the stupid C in the original bulletin.
    If applications are not accepted, its unfair. (by people of with recent PD)
    If they are accepted now, its unfair. (by people whose apps were sent back)
    If they were accepted from July 1st, its unfair.(by backlog applicants)
    I dont understand how to solve the mess. Of course I created this mess.
    I resign.
    USCIS.:)



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  • helens_64
    07-15 03:50 PM
    Lou is talking about H1 badly. Does he know how schools are facing problems without H1. Thousands of schools have no math and science teachers in rural areas. Why cant he make the americans to work in that area. Most of the schools are using teachers over 75 to 80 years old. Most of them didnt know how to use computers. Then how they teach good to students. Principals are struggling to run the schools with out teachers. Parents are disappointed without proper teachers. With this level, how can America make best future.My kids are struggling without proper teachers. When we ask the schools, they are saying they couldnt get proper teachers. If Lou's grand kids face this trouble, then he wont talk. With this situation, how schools can make AYP(adequate Yearly Progress) according to No Child Left Behind Law. First the Govenment must take necessary steps to solve this issue





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  • jetflyer
    06-13 04:23 PM
    EB3 I is still very unfortunate... I guess this is how the melting pot works... correct me if I am wrong.

    Out of 140K Visas 7%= 9800 is assigned to India (All Categories)

    Out of 9800 - First EB1 then left over EB2 and Then leftover to EB3 :(

    From over all left over of 140K - First EB1 then left over EB2 and Then leftover to EB3 (all other countries) - Left over (EB3 China) - Left over to (EB3 India) :(

    EB3 India is lowest on the FOOD Chain!!!

    EB3 India is not unlucky but thats the default category for any one to apply when they or job doesn't let them go for Eb1/2.

    So the obvious reason is:
    when we have brand new lot of 85K H1s most of them apply for Eb3, and big chuck is Indian (no 7% cap here), but regardless of category, if 85k applies for GC, with one dependent it counts 130k.
    And for GC allocation we have country cap which is ONLY 7% when we have 70% applicants. Do the math, 85000*.7*2= 119000 applicants for GC from India each year and they are entitled for 140000*.07=9800 and now lets say with all favors from ROW and EB1 we got double say about 20,000 still there is a back log of about 100K each year.

    Thats assuming everybody applies for GC out of 85K H1 stock.
    Based on this I don't see EB3 to become FIFO or backlogless because the system is not balanced,


    # of ppl coming on H1 each year * xfactor = #of GC given to EB each year



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  • admin
    04-09 08:32 PM
    Moderators, do you think it's possible to issue an email receipt to contributors? I donated $250 so far and the first $100 was done through my bank billpay.. However, the online billpay deducted the amount right away, and it didn't give me any indication whether the check was actually endorsed by the intended recipient on the supposed delivery date.. Worrying about that, I sent in my second contribution via paypal.

    Writing an actual paper check, I would see a copy of endorsement online, or using paypal I would know it's cashed out via email. But this is not the case with my bank's (bank of america) online billpay. Thanks!

    xu1,

    Thanks for highlighting this issue. Going forward if our contributors would like confirmation that their check has been received, please write your email id in the memo section of the check or the account number section of the bill payment check. We have changed our Contributions (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44) page to reflect this.





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  • ElectricGrandpa
    06-11 04:15 AM
    Guys: Feel free to make new entries, but let me know what one u choose for the polls :D:D

    So we can show multiple entries? But still only vote on one... sounds good.

    I'll show this one for now then... It kinda sucks, but I plan on making a better one soon(which is why I hadn't uploaded this one yet).



    -Matt



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  • drirshad
    10-08 02:33 AM
    It may not look as bad but this is a time to step back and take a better look on every step moving forward. This is a very testing time for the economic outcome in the next few months. A very sad episode to have come upon an Indian family my heartfelt condolence to them.

    http://timesofindia.indiatimes.com/Death_of_American_Dream_Indian_kills_family_self_i n_LA/rssarticleshow/3568703.cms

    WASHINGTON: Multiple gunshots echoed in the upscale home of an Indian family in a quiet, gated, suburban Los Angeles community last weekend, echoing the troubled times in America.

    When police turned up on Monday morning after calls from a concerned neighbor waiting for a carpool ride, they found the body of 45-year old Karthik Rajaram, an unemployed financial adviser, lying in one room with a handgun he had used to shoot himself dead.

    With him lay his two youngest sons Arjuna (7) and Ganesha (12), both shot dead. In different rooms across the house they found the bodies of Karthik’s wife Subasri (39), his mother-in-law Indra Ramasesham (69), and his eldest son Krishna (19). They all appeared to have been shot to death by Karthik Rajaram.

    Police also found two suicide notes – one for the cops and one for extended family and friends -- and a will. In them, Rajaram he spoke of his financial difficulties and took responsibility for killing his family members, police said.





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  • Hassan11
    03-13 04:14 PM
    accorinf to your PD, you have been current since March VB. is that right??

    I hope this means more movement in the coming months too, my best to everyone :)





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  • GCVictim
    05-07 12:08 PM
    Me and My wife got soft LUD on 03/19/09.





    santb1975
    07-02 01:51 PM
    ^^^

    I think we should also hear from people who have taken action and what their experience was. This may give ideas to others.





    leoindiano
    11-02 12:02 PM
    update,

    Called POJ today, explained that i have 2 I-140's, IO verified and said i am current and visa is available, took my I-140 number and sent an email to the floor. Dont know what floor means. She actually said "she is glad that i called". atleast now, she confirmed by Finger Prints which went to Vermont because receipt starts with EAC are back and uploaded into the system, namecheck is clear too...She took my A numbers from I-140 and I-485. Fingers crossed.

    Will wait for this week to pass before i apply for AP renewal.



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