swo
07-20 06:47 PM
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.
My friend, there is validity in what you say. I think there is a general shortage of visas, period. That is the root of the issue. However, we did know that going in. So when we get stuck in that situation we have to remember to distinguish between calling for change and demanding it.
Also, with all due respect to IV, I think the thing that most likely led to the USCIS turnaround was not our voices, but rather the fact that a law suit would have revealed SERIOUS rule breaking - particularly with regard to issuing of visas to non-security cleared people. I think the USCIS's fear of dealing with a) discovery during court proceedings and b) potentially huge finanicial damages, were the main motivating factors to the turnaround.
There is no doubt though, that the voices of immigrants did make a difference.
By the way, this morning I wrote to both Senators Cornyn (for) and Clinton (against) in response to their amendment votes yesterday. I thanked him from trying to bring relief and urged her to show more bravery in solving the crisis at a future opportunity. I urge you all to do the same.
- 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.
My friend, there is validity in what you say. I think there is a general shortage of visas, period. That is the root of the issue. However, we did know that going in. So when we get stuck in that situation we have to remember to distinguish between calling for change and demanding it.
Also, with all due respect to IV, I think the thing that most likely led to the USCIS turnaround was not our voices, but rather the fact that a law suit would have revealed SERIOUS rule breaking - particularly with regard to issuing of visas to non-security cleared people. I think the USCIS's fear of dealing with a) discovery during court proceedings and b) potentially huge finanicial damages, were the main motivating factors to the turnaround.
There is no doubt though, that the voices of immigrants did make a difference.
By the way, this morning I wrote to both Senators Cornyn (for) and Clinton (against) in response to their amendment votes yesterday. I thanked him from trying to bring relief and urged her to show more bravery in solving the crisis at a future opportunity. I urge you all to do the same.
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eb3_nepa
04-25 11:47 AM
Guys what about the type of visa? I mean shud the start date be ur H1B start date or ur F1 entry date? Coz if some people start on an H1 a lot of us also started on an F1. In that case doesnt it make more sense to root for the clause that says the immigrant can apply for his own GC that is employer independant? If i am not mistaken, is that not already a part of the PACE act?
Besides a lot of people are not sure for a while, if they even want to apply for their GCs or not initially. I personally know of atleast 3 such people. By putting the responsibility of application of the GC into the immigrant's hands, and empowering the applicant to apply for himself/herself, the process becomes a lot more transparent and fair. That way the day the immigrant decides to apply and applies is their PD. That way if someone does not start it as soon as he/she can, it is now up to them. Since the applicant Can apply for himself instead of being sponsored for a GC by an employer, it is no longer employer based, so no one can fault the employer saying that, "They didnt file for me for a year".
In my opinion, just pushing ur PD to the date u entered will not really help a lot. Coz say ur current PD is Feb 2002 EB3 but u had entered in 1998. DOL/UCSIS will say, ok lets do that, and the next day they will say, Now the Retrogression goes back to the year 1996. Is that not possible? Currently what we need is the immigrant to be in total control of his/her GC process. That way the GC can take even 10 years, so long as the applicant and dependants can avail of EADs and Travel permits which are longer than just 1 year increments. If we are thinking long term, then shudnt we be looking at this aspect? The GC itself represents nothing more than total freedom in ur career and it's choices. If we can achieve the same thing without the actual GC, isint that our goal?
Besides a lot of people are not sure for a while, if they even want to apply for their GCs or not initially. I personally know of atleast 3 such people. By putting the responsibility of application of the GC into the immigrant's hands, and empowering the applicant to apply for himself/herself, the process becomes a lot more transparent and fair. That way the day the immigrant decides to apply and applies is their PD. That way if someone does not start it as soon as he/she can, it is now up to them. Since the applicant Can apply for himself instead of being sponsored for a GC by an employer, it is no longer employer based, so no one can fault the employer saying that, "They didnt file for me for a year".
In my opinion, just pushing ur PD to the date u entered will not really help a lot. Coz say ur current PD is Feb 2002 EB3 but u had entered in 1998. DOL/UCSIS will say, ok lets do that, and the next day they will say, Now the Retrogression goes back to the year 1996. Is that not possible? Currently what we need is the immigrant to be in total control of his/her GC process. That way the GC can take even 10 years, so long as the applicant and dependants can avail of EADs and Travel permits which are longer than just 1 year increments. If we are thinking long term, then shudnt we be looking at this aspect? The GC itself represents nothing more than total freedom in ur career and it's choices. If we can achieve the same thing without the actual GC, isint that our goal?
silibili
05-11 11:01 AM
Hello all,
I have finished calling all the republicans from the list. here are my
experiences. Most senator aides were patient and took down messages, i
have listed the different ones.
Senator Judd Gregg (R-New Hampshire) : does support high skilled
provisions...*yay*
Senator Michael Enzi (R-Wyoming) : aide was very patient and chatted
abt legal immigration reform and took name, number, zip , msg to pass
to senator.
Senator Lindsey Graham (R-South Carolina) : went to vm twice. left vm
Senator John Cornyn (R-Texas) : aide not very patient. asked to call
my state senator.
Senator John Kyl (R-Texas) : aide was very patient, and understanding,
and had a chat about current immigration scenario. Senator Kyl is
supportive of legal immigration, he intro/supported one bill for us in
2007 but it failed to pass. He said that the senate politics is not
letting high skilled immigration reform pass. he does not support
amnesty, he wants border secured, etc before fixing broken legal
system
Please call and share your experience.
Thanks.
__________________
* Contributed money to IV
* Trying to get locals involved
I have finished calling all the republicans from the list. here are my
experiences. Most senator aides were patient and took down messages, i
have listed the different ones.
Senator Judd Gregg (R-New Hampshire) : does support high skilled
provisions...*yay*
Senator Michael Enzi (R-Wyoming) : aide was very patient and chatted
abt legal immigration reform and took name, number, zip , msg to pass
to senator.
Senator Lindsey Graham (R-South Carolina) : went to vm twice. left vm
Senator John Cornyn (R-Texas) : aide not very patient. asked to call
my state senator.
Senator John Kyl (R-Texas) : aide was very patient, and understanding,
and had a chat about current immigration scenario. Senator Kyl is
supportive of legal immigration, he intro/supported one bill for us in
2007 but it failed to pass. He said that the senate politics is not
letting high skilled immigration reform pass. he does not support
amnesty, he wants border secured, etc before fixing broken legal
system
Please call and share your experience.
Thanks.
__________________
* Contributed money to IV
* Trying to get locals involved
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Winner
05-12 11:30 AM
Called Senator Ensign and Hatch's office again.
They both listened to what I had to say and assured that they will pass the message on to the Senators.
One of the aides sounded surprised when I told her average wait time is at least 10+ years, please call senators in the list.
They both listened to what I had to say and assured that they will pass the message on to the Senators.
One of the aides sounded surprised when I told her average wait time is at least 10+ years, please call senators in the list.
more...
satishku_2000
02-08 04:18 PM
Guys
Any one got a chance to look at the statistics of BECS, I read only 33% of the applications are certified so far . I think its a good thing ..
Any one got a chance to look at the statistics of BECS, I read only 33% of the applications are certified so far . I think its a good thing ..
Ahimsa
02-26 03:42 PM
After 3 years and 3 months, my labor case is certified online today 2/26/07
more...
arnab221
07-28 05:08 PM
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shantanup
06-11 01:05 PM
multiple year eads & ap - may or may not happen
visa recapture - no chance
visa increase - will not happen
still contribute??
Do you usually get paid first and then work? Do you get the returns first then you invest? Do you get the overpaid tax back first and then you file the tax return?
How do you know in advance that visa recapture and visa increase will not happen?
visa recapture - no chance
visa increase - will not happen
still contribute??
Do you usually get paid first and then work? Do you get the returns first then you invest? Do you get the overpaid tax back first and then you file the tax return?
How do you know in advance that visa recapture and visa increase will not happen?
more...
CADude
11-14 05:21 PM
It's call reseach topic.. We have to find some USCIS support documents for each case. We need some earlier USCIS decisions for each senarios/theories.
RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.
It's confusing indeed.
I went thru' both links posted above in thread.
It seems that according to RG, EAD will remain valid till the time to file appeal (MTR), once appeal is filed the applicant would be able to work. He also suggested to go on EAD to save any time remaining from initial 6 years.
According to RK, EAD will be invalidated, person is to be deported as soon as CIS denies 485 in error. He strongly suggest NOT TO GO on EAD if some one has H1 as an option.
According to Chandu's blog, RK seems to be correct; but then RG is also a very reputed and experienced immigration lawyer.
What is correct? Both are 180 degree opposite to each other? Any one?
RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.
It's confusing indeed.
I went thru' both links posted above in thread.
It seems that according to RG, EAD will remain valid till the time to file appeal (MTR), once appeal is filed the applicant would be able to work. He also suggested to go on EAD to save any time remaining from initial 6 years.
According to RK, EAD will be invalidated, person is to be deported as soon as CIS denies 485 in error. He strongly suggest NOT TO GO on EAD if some one has H1 as an option.
According to Chandu's blog, RK seems to be correct; but then RG is also a very reputed and experienced immigration lawyer.
What is correct? Both are 180 degree opposite to each other? Any one?
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conchshell
09-30 11:26 PM
Guys don't you think that once again flooding USCIS with flowers/shame-card as a protest is a good idea ??
more...
Humhongekamyab
04-30 02:35 PM
We have the sound now.
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uma001
09-27 09:44 AM
Landed on 03/1997 on H1B. Didn't file for GC until 2003 as plan was to work for 2-3 years, get into an MBA program, and then go back.
MBA resulted in loans of $120K which in turn meant spending some more time in the US which resulted in buying a house which resulted in even bigger loan.
Now living the American "dream" on EAD.
You must be earning more than the debts you have from MBA per year. With that you should have paid the loans.
MBA resulted in loans of $120K which in turn meant spending some more time in the US which resulted in buying a house which resulted in even bigger loan.
Now living the American "dream" on EAD.
You must be earning more than the debts you have from MBA per year. With that you should have paid the loans.
more...
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Macaca
09-13 09:45 PM
After Protest, U.S. to Take Green Card Applications (http://immigrationvoice.org/forum/showpost.php?p=121583&postcount=753) By Xiyun Yang Washington Post Staff Writer, July 18, 2007
Government Does U-Turn on Green Cards (http://immigrationvoice.org/forum/showpost.php?p=121613&postcount=755) By SUZANNE GAMBOA (sgamboa@ap.org) | Associated Press Writer, Jul 17
U.S. Reverses Visa Stance In Bid to Fix July Mix-Up (http://immigrationvoice.org/forum/showpost.php?p=122142&postcount=760) By Miriam Jordan (miriam.jordan.wsj.com) | The Wall Street Journal, July 18 2007
U.S. immigration relaxes rule for "green card" seekers (http://immigrationvoice.org/forum/showpost.php?p=121600&postcount=754) By JoAnne Allen (joanne.allen@reuters.com) | Reuters, Jul 17, 2007
Microsoft backs cricket to woo Indian employees (http://immigrationvoice.org/forum/showpost.php?p=162410&postcount=124) By Daisuke Wakabayashi (Daisuke.Wakabayashi@reuters.com) | Reuters, Mon Sep 10, 2007
Skilled Workers Win Reversal of Decision on Green Cards (http://immigrationvoice.org/forum/showpost.php?p=122141&postcount=759) By JACQUELINE PALANK (jpalank@nytimes.com) | New York Times, July 18, 2007
Government Does U-Turn on Green Cards (http://immigrationvoice.org/forum/showpost.php?p=121613&postcount=755) By SUZANNE GAMBOA (sgamboa@ap.org) | Associated Press Writer, Jul 17
U.S. Reverses Visa Stance In Bid to Fix July Mix-Up (http://immigrationvoice.org/forum/showpost.php?p=122142&postcount=760) By Miriam Jordan (miriam.jordan.wsj.com) | The Wall Street Journal, July 18 2007
U.S. immigration relaxes rule for "green card" seekers (http://immigrationvoice.org/forum/showpost.php?p=121600&postcount=754) By JoAnne Allen (joanne.allen@reuters.com) | Reuters, Jul 17, 2007
Microsoft backs cricket to woo Indian employees (http://immigrationvoice.org/forum/showpost.php?p=162410&postcount=124) By Daisuke Wakabayashi (Daisuke.Wakabayashi@reuters.com) | Reuters, Mon Sep 10, 2007
Skilled Workers Win Reversal of Decision on Green Cards (http://immigrationvoice.org/forum/showpost.php?p=122141&postcount=759) By JACQUELINE PALANK (jpalank@nytimes.com) | New York Times, July 18, 2007
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wandmaker
05-22 07:40 AM
Come forward and contribute for your own cause.
santb1975: Change the thread title to read as FUNDING DRIVE: Let us step up IV(I+We)'ans
santb1975: Change the thread title to read as FUNDING DRIVE: Let us step up IV(I+We)'ans
more...
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admin
03-15 11:49 AM
Any ideas on when this hearing is?
Just called up the Senate Judiciary Committee. Today's meeting is already over. They could not relay the hearings on their website due to the sudden change in the rooms. The record of today's meeting is not yet out. We'll have to check on other websites like AILA to see what amendments were included.
Tomorrow's meeting starts at 9 AM.
Just called up the Senate Judiciary Committee. Today's meeting is already over. They could not relay the hearings on their website due to the sudden change in the rooms. The record of today's meeting is not yet out. We'll have to check on other websites like AILA to see what amendments were included.
Tomorrow's meeting starts at 9 AM.
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breddy2000
03-12 10:40 AM
Looks like it only tracks people who donated for FOIA
more...
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wandmaker
10-27 08:35 AM
Thanks wandmaker for appreciation. It helps!
I got quite a few positive responses. On other side I got few negative messages, few pessimitics and few red dots on posts after I started this exercise. Sometimes it still bothers me but I guess I need to get out of this critics and appreciations and want to concentrate 100% on agenda: Fight against injustice in AC21 implementation.
To all,
If you appreciate me, please help me by motivating others to join the movement.
If you don't like me - please be generous and atleast tell me what should be done rather than just criticizing.
FYI - Five of my friends has emailed and sent out the letters.
I got quite a few positive responses. On other side I got few negative messages, few pessimitics and few red dots on posts after I started this exercise. Sometimes it still bothers me but I guess I need to get out of this critics and appreciations and want to concentrate 100% on agenda: Fight against injustice in AC21 implementation.
To all,
If you appreciate me, please help me by motivating others to join the movement.
If you don't like me - please be generous and atleast tell me what should be done rather than just criticizing.
FYI - Five of my friends has emailed and sent out the letters.
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newbie2020
04-30 04:17 PM
Yes it is legal to upload it, Since it is a public domain file. (Judiciary committee/USCIS may also make it available to public for review)
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avis
01-05 11:46 AM
My PD is Dec 2002. Still waiting for the 45 day letter.
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485Mbe4001
06-10 12:32 PM
From Ron Gotchers site:-
Something is seriously out of whack. EB3 is "unavailable." EB3 "other workers" however have a cutoff date. The applicable statute provides:
"
Quote:
203(b)(3) Skilled workers, professionals, and other workers.--
203(b)(3)(A) In general.--Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
. . .
203(b)(3)(B) Limitation on other workers.--Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii). "
That's not a set aside for "other workers" - it is a limit. In other words, "other workers are not guaranteed 10,000 visas each year, they are limited to no more than 10,000 visas out of the 28.6% of the overall quota that is guaranteed to EB3 applicants.
How can "other workers" have a cutoff date when the rest of EB3 is unavailable?
Something is seriously out of whack. EB3 is "unavailable." EB3 "other workers" however have a cutoff date. The applicable statute provides:
"
Quote:
203(b)(3) Skilled workers, professionals, and other workers.--
203(b)(3)(A) In general.--Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
. . .
203(b)(3)(B) Limitation on other workers.--Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii). "
That's not a set aside for "other workers" - it is a limit. In other words, "other workers are not guaranteed 10,000 visas each year, they are limited to no more than 10,000 visas out of the 28.6% of the overall quota that is guaranteed to EB3 applicants.
How can "other workers" have a cutoff date when the rest of EB3 is unavailable?
prakashv44
01-07 12:17 PM
Just send your I-140 approved docs to the bank. I got the approval with my I-140 itself
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