Saturday, June 11, 2011

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  • immm
    07-07 01:45 PM
    (Admins, please delete this thread if already covered)

    http://www.mercedsunstar.com/opinion/story/13765761p-14347307c.html

    Our View: Feds play games with immigrants
    They said they had an abundance of green cards and then rescinded the offer in a matter of weeks.
    Last Updated: July 7, 2007, 03:16:02 AM PDT

    If you want to know what's really wrong with our immigration system, consider the July debacle at the Citizen and Immigration Service.
    Individuals and businesses typically have to wait years to apply for "green cards" for permanent residency based on job skills. The backlogs have been so severe that an engineer from India or China has had to wait six years to apply for a green card. In other employment categories, the wait can be nine to 11 years. For people from the Philippines, the wait in some work categories is 22 years.

    But then in the monthly Visa Bulletin issued June 13, the State Department said that employment-based visas would be available.

    This set off a rush among sponsoring businesses and individuals who have waited in line for years to apply for green cards. Thousands prepared applications and mailed them in time for the immigration service to receive them by July 2, the first day of the application window.

    Then on that very day, the State Department issued a "never mind" update, announcing that the 60,000 green cards it had expected to offer would no longer be available. The thousands who submitted applications will have their applications sent back to them. As Los Angeles immigration attorney Carl Shusterman said Tuesday, "We're right back to square one, with scientists, engineers, teachers and health care workers having to wait in endless lines for employment-based visas." Rep. Zoe Lofgren, D-San Jose, chairwoman of the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law sent irate letters to the Secretary of State and Secretary of Homeland Security. She said that changing course midmonth is contrary to years of practice, would result in the loss of thousands of dollars already expended by sponsoring businesses and individuals to prepare applications and, more important, would "threaten the integrity and predictability of our immigration system." This is no way to treat people who try to play by the rules.

    The Citizenship and Immigration Services Ombudsman notes in his 2007 annual report to Congress that the nation has a "perpetual backlog" of employment-based green card applications. This backlog means that even green cards that should be available aren't used. This contributes to the backlog; if green cards are not issued in the year they are authorized, they are lost. In 2006, more than 10,000 employment-based green cards were lost, even though the immigration service had 100,000 to 150,000 applications waiting to be processed. Since 1994, nearly 219,000 employment-based green cards have been lost because the immigration service isn't processing enough applications in a timely manner.

    It gets worse. The funds appropriated by Congress to jumpstart a backlog elimination project expired Sept. 30. The backlog will continue.

    In the long term, this country needs to increase the number of employment-based green cards to meet demand. But if the immigration service cannot even process applications in a timely fashion for the current numbers of employment-based green cards that are supposed to be available, what's the point? In the short term, if Congress and the president do nothing else regarding immigration reform, they should at least make sure that the immigration service processes green card applications in timely fashion. The backlog is inexcusable and contributes to the nation's illegal immigration problem. If we want people to play by the rules, we have to make it possible for them to do so.





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  • vivaforever
    08-12 11:08 PM
    Guys you think Sept Visa Bulletin is coming soon?





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  • gauravster
    05-06 12:10 PM
    While we are discussing this, I have another question. What if someone moves to a different company with similar role. I get it that the new employer will have to file for PERM and I-140, but is there something that can be done so that priority date is ported, assuming the previous I-140 has been approved when the shift happened and there is still more than 1 year left on H1B (either because < 6 years or because of 3 yr extensions after I-140 has been applied).

    Thanks,
    Gaurav





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  • sukant71
    02-12 08:54 PM
    Because you , me and many like us have bad luck!!!! EB categories are now unofficial lottery system. If you lucky you will not wait!

    I dont have any other explanation.
    Explanation is simple-Lottery decided by prefrential people-preference spekas by u know well-no luck but if uknow someone create luck



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  • akred
    08-10 07:41 PM
    I was hired for a position that required Masters and I fortunately was in EB2, but a colleague of mine, who is doing the similar work, was put in EB3 because his manager created the position with a requirement of Bachelors. He had a Master's degree. Here employee suffered because of his manager's ignorance

    Wouldn't say it is ignorance on the part of the manager. Ignorance is easily abated by the employee talking to the manager. Plus any good lawyer will ask the manager if a master's degree is required for the job before proceeding with recruitment.

    More often there are other reasons such as ego issues ("I don't have a college degree so why does my report need a master's degree") or practical difficulties (necessity to raise the wage offered) that can cause an otherwise qualified person to be classified as EB3.





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  • paddy.
    02-04 05:38 PM
    I don't think your design skills are quite good enough yet to be starting a studio. No offense but I think you'd be better off with a bit more practice before you step out in to the world of the design industry.



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  • desigc
    12-22 05:03 PM
    Contributed $100 to IV.
    Reciept #87H393384E9981342
    Gaz

    I am in a similar situation. What did your friend end up doing? I would appreciate any feedback on this.
    My 140 is approved, 6th year expires in March 09, 485 has not been filed due to retrogression and there is a potential for a layoff. Can I transfer 140 to a new employer and file 3 yr extension at the same time?





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  • dealsnet
    07-13 10:52 AM
    If you are filed in EB2, you can file I-485 and I-140 concurent after getting the PERM approval using cross charge. (EB2 ROW is always current). If you are in EB3, you need to wait 3-4 years to file I-485. (Long wait).

    Hi

    My wife is on H4 and is planning to convert to F1 before joining graduate school to get scholarship. At same time my PERM is filed and once approved i was planning to use cross chargebility to file under my wife country of birth quota (UAE). i wanted to know following

    a) if she applied for conversion for F1 today, can she get scholarship before she gets ssn or she has to wait till she gets ssn

    B) If during her F1 processing time or grauate studies on F1, if my PERM gets approved, can i file for I-140 and I485 using cross chargebility with her being on F1 or i would have to wait for her to conert to H4? If there any risk to our green card processing

    C)If she continues on H4 visa, can she still get scholarship? if not once she graduates would she be in special US master degree quota for H1B?

    Any help on these would be great

    Thanks



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  • nat23
    02-13 08:29 AM
    I just read about the Lifetime learning credit and it says even the taxpayer can claim upto 20% for $10,000 out of his pocket





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  • sankap
    07-20 01:10 PM
    We're in a unique situation. My wife and I married in India and didn't register our marriage; we're now citizens of country X. To get our marriage (and birth) certificate, we went to the local Indian consulate, which provides these services. But we were told that, since we're no longer Indian citizens, we should go to X's consulate. Is there a way we can get the certificates? How about registering our marriage in the US?

    For BC, our parents sent us the affidavits and we were thinking to get a certificate of BC's non-availability through mymanindia.com. Is there a quicker solution?



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  • shadowbuddy
    03-15 02:14 AM
    Hi All,

    I need your help and suggestions. In November of last year my wife and I submitted our medicals and AOS applications. Our checks were never cashed. I informed my lawyer after a month of not seeing the checks cash and raised the question then. They replied that there is a lot of mail going through that room and just wait a bit more. Another month went by, nothing. Then another.

    Here it is March 2009 and my lawyer finally contacts USCIS to find out that they cannot find my original application. (no receipt notice was issued) During the entire last year and right up until March my Prioirty Date was always current. Now there is SEVERE retrogression and my PD date is now not current.

    We have to refile. I re-wrote the checks and we are submitting the package again.

    How can we demand that our application be accepted based on the original filing date of November when we were current?

    would the dated medicals prove that we submitted in November. Who would get their paperwork done then sit on it for months right?!?!?!

    How do we challenge USCIS based on their error. My lawyer said they have a delivery confirmation for the original application however I have not seen that.

    thanks!





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  • honge_kamyaab
    02-01 12:54 PM
    I am planning to drive to Canada. I have the paperwork Canadian embassy sent me.

    I'll fill this paperwork and the list of items to be brought in later. Possibly answer
    any questions the officials at the POE ask. Anything else at POE that I need to do?

    After passing POE into Canada, possibly into a city, do I need to register at any office saying I landed? I am planning to come back very next day after landing.

    This going back and forth the POE to get Canadian PR status seems to be way too easy for immigration ;). Hence my concern.

    Please advice.



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  • abhi_jais
    12-03 11:35 PM
    I don't think consulate ask details of all employees if size is 5k or more. Further more you can tell officer that it is impossible to get wage details of all employee. I hear some time some desi companies gives w2 of all employees etc.. would consular officer show his/her w2 ? but since our desi companies feeding what they need , they ask what ever...

    In this case they did ask for the details of all the employees of the company, probably they want to make sure that the employer has hired some US citizens as well. The company size is about 500-1000 employees. Since they have asked for the employee detail the employer has to provide that information otherwise the employee would not be able to get the visa stamped.

    Let's see hoping for the best.





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  • zuhail
    05-08 11:27 AM
    This would help you in reviewing the content and format of AC21 letter.
    USCIS Guidelines on AC21:
    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    You can send it to your attorney for his perusal.
    Good Luck!



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  • ivgclive
    02-25 10:13 AM
    Still it can not beat the MAGIC "82" vs New Zealand, Auckland in 1993/94, that cranked up the run machine "SACHIN"





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  • sathyaraj
    10-26 03:36 PM
    I got my AP approved. We were not asked for any such proof.



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  • pankaj_singal
    08-20 07:41 PM
    any particular reason for pd pre 1/1/2006? i know coulple of folks who have this criteria.


    Looks like we are the only three so far..





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  • 485Mbe4001
    07-11 02:45 PM
    i guess its the overflow from other countries, which brings up a good question, why was EB3 ROW made unavailable earlier and the overflow sent to EB2 I ? Lawsuit anyone :confused:

    Only they know how they work. As for EB3 -I, the only certainty is that come October EB3 I will revert back to the July PD (i am EB3-I may 02:mad:).

    Yes. Its simple math. But if it was 10K visas a year, then why did they have to jump forward by more than 2 yrs? Nobody knows how USCIS works internally. The math that v have and the one that they have differ a lot and unexpected things (for good or bad) happen all the time.





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  • yabadaba
    07-24 08:07 AM
    <^^^^^^>
    <> <>
    |
    ____





    starscream
    03-24 04:19 PM
    Have you hear anything from your appeal? Please let me know.
    Thank you.


    Aura M/Hassan 11,

    I am assuming that when you guys say appeal - you mean request for review (RFR) for the LC that got denied. My LC was denied in November 06 and my employer's lawyer filed a Request for Review (RFR )because the said they were absolutely sure that DOL had denied the LC in error. Well, DOL approved the RFR and my LC was approved in Jan 08 - YES it took 14 months. The advantage is that if RFR is approved the priority date can be maintained. The lawyer's had told me that it does take a year for RFR to be approved (of course at that time nobody expected that the Pdates would become curent in summer of 07 so I missed that bus) - but anyways now I can maintain my original priority date.

    From whatever I have read online it seems the lawyers have to be absolutely sure that the LC is denied in error by DOL to expect any positive reply for the RFR.

    Best of luck to you both!!





    akkakarla
    09-06 07:04 PM
    Guys, this is another great reason of why to change your mind and ATTEND THE RALLY! Let's force CNN to put us on their screens and laugh in Lou Dobbs' face! We can at least reply to his lies in a forceful yet peaceful and educated way (something he isn't!)

    One thing I don't understand is how come this guy used the words bastard, communist china(all the time),cheap labor for computer programmers and he is so full of himself. Why does he have problem if US borrows flights from russia to transport vehicle?

    Guess this guy needs serious help and be instutionalized for a very long time.



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