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Please participate in EB3 PollSee my details in Signature
we_can
01-03 11:06 PM
Posted on immigration.about.com
http://forums.about.com/n/pfx/forum.aspx?tsn=1&nav=messages&webtag=ab-immigration&tid=13888
http://forums.about.com/n/pfx/forum.aspx?tsn=1&nav=messages&webtag=ab-immigration&tid=13888
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logiclife
02-17 04:47 PM
Immigration Voice is a volunteer organization. It has been assured several times here on this thread that it is a part of "transparency" issue on IV goals as mentioned in the Brochure. Transparency includes everything. Including name-check process.
Its a sub-item and not a main item because it is ONE OF THE SEVERAL administrative issues facing us.
However, if people feel that this issue is not receiving enough attention, then there are few things to do besides posting here in this thread (posting is welcome):
1. Call the phone number and speak to a volunteer. You will be connected to someone who is admin/founder of this organization. The phone number is under "Contact Us" menu.
2. Go to resources menu and find out how to contact your lawmaker. See if you can find an appointment and apprise them of the issue. Although there is no legislative solution to this problem and it remains an enforcement/administrative issue, the basic feature of the government includes the congressional oversight on the executive(DOS, FBI, USCIS etc in this case).
3. Ask your lawyer to file a lawsuit against the FBI for causing you irreparable damage due to mental agony, loss of pay due to missed promotions, job opportunities etc.
4. Call your local media or national media and tell them the our dear FBI takes 36 months to check if a permenant residency applicant is a terrorist/criminal/shop-lifter/DUI/DWI etc or not while that applicant is free to work on provisional work-permit called EAD issued by USCIS. Two things: if there is nothing wrong with the guy, he suffers long wait for his greencard. If he is a criminal, he works and enjoys the American dream on his EAD instead of being deported.
5. Send letters to Department of Justice (top levels) since FBI I think falls under Department of Justice.
--logiclife.
Its a sub-item and not a main item because it is ONE OF THE SEVERAL administrative issues facing us.
However, if people feel that this issue is not receiving enough attention, then there are few things to do besides posting here in this thread (posting is welcome):
1. Call the phone number and speak to a volunteer. You will be connected to someone who is admin/founder of this organization. The phone number is under "Contact Us" menu.
2. Go to resources menu and find out how to contact your lawmaker. See if you can find an appointment and apprise them of the issue. Although there is no legislative solution to this problem and it remains an enforcement/administrative issue, the basic feature of the government includes the congressional oversight on the executive(DOS, FBI, USCIS etc in this case).
3. Ask your lawyer to file a lawsuit against the FBI for causing you irreparable damage due to mental agony, loss of pay due to missed promotions, job opportunities etc.
4. Call your local media or national media and tell them the our dear FBI takes 36 months to check if a permenant residency applicant is a terrorist/criminal/shop-lifter/DUI/DWI etc or not while that applicant is free to work on provisional work-permit called EAD issued by USCIS. Two things: if there is nothing wrong with the guy, he suffers long wait for his greencard. If he is a criminal, he works and enjoys the American dream on his EAD instead of being deported.
5. Send letters to Department of Justice (top levels) since FBI I think falls under Department of Justice.
--logiclife.
more...
logiclife
08-03 02:30 PM
Copying from the reply I posted here:
http://immigrationvoice.org/forum/showthread.php?p=133404#post133404
I consulted a high profile ($200 per 15 minutes) lawyer to discuss this issue. 1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got today.
Thanks
If you are resubmmitting or planning to resubmit, one tip...you need medical originals again, so call your doctor and ask him to create new sealed envelopes with original I-693...do this ahead of time coz this is only thing not in your control when filing a second 485. I am sure you might have thought about this, but just in case if you havent, then remember you will need I-693 original with your and doctor's signature with other stuff in sealed envelopes again.
Wish you all the luck Abhijit.
http://immigrationvoice.org/forum/showthread.php?p=133404#post133404
I consulted a high profile ($200 per 15 minutes) lawyer to discuss this issue. 1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got today.
Thanks
If you are resubmmitting or planning to resubmit, one tip...you need medical originals again, so call your doctor and ask him to create new sealed envelopes with original I-693...do this ahead of time coz this is only thing not in your control when filing a second 485. I am sure you might have thought about this, but just in case if you havent, then remember you will need I-693 original with your and doctor's signature with other stuff in sealed envelopes again.
Wish you all the luck Abhijit.
2ndJuly
09-11 11:53 AM
Here is the info from NumbersUSA:
Vote on Foreign-Worker Bills Postponed Amid Growing Opposition
Updated Thursday, September 11, 2008, 10:00 AM
The House Judiciary Committee yesterday postponed consideration of bills containing massive foreign worker increases (H.R. 5882 and H.R. 5924) after the committee's debate stalled during discussions on the armed forces amnesty bill (H.R. 6020). The committee is expected to resume consideration of all three bills on September 18
Vote on Foreign-Worker Bills Postponed Amid Growing Opposition
Updated Thursday, September 11, 2008, 10:00 AM
The House Judiciary Committee yesterday postponed consideration of bills containing massive foreign worker increases (H.R. 5882 and H.R. 5924) after the committee's debate stalled during discussions on the armed forces amnesty bill (H.R. 6020). The committee is expected to resume consideration of all three bills on September 18
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goel_ar
08-08 09:47 AM
I work at one of these companies & they applied for my GC.
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sledge_hammer
03-05 04:57 PM
I have voted on this poll.
Thanks!
Thanks!
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sanju
04-04 03:22 PM
I still believe this bill may help reshape current mad behavior of H1B application.
And how does "reshaping current mad behavior of H1B application" help fix green card backlog. Circulating debate around H-1b is the favorite trick of large IT companies. It is also the favorite trick of anti-green card reform groups like IEEE.
IT IS ABUSED. Actually, this gives rep another excuse to anti-h1b-cap increasing. For whatever reason, ICC should be curbed.
Just because the quota got over the first day it implies that the system is abused, right? Let me tell who is abused. People waiting for green card are abused. Not fixing green card delays and deliberately keeping the debate around H-1b is an abuse.
And how does "reshaping current mad behavior of H1B application" help fix green card backlog. Circulating debate around H-1b is the favorite trick of large IT companies. It is also the favorite trick of anti-green card reform groups like IEEE.
IT IS ABUSED. Actually, this gives rep another excuse to anti-h1b-cap increasing. For whatever reason, ICC should be curbed.
Just because the quota got over the first day it implies that the system is abused, right? Let me tell who is abused. People waiting for green card are abused. Not fixing green card delays and deliberately keeping the debate around H-1b is an abuse.
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stucklabor
07-24 01:52 PM
The law 245 (c) clearly states that the status of the applicant may be adjusted to that of permanent resident only if the visa number is available.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
What part of "an immigrant visa is immediately available to him at the time his application is filed" do you not understand?
And my comments about "The law is the law" and "There is no room for interpretation" refers only to this situation. It is clear as lagoon water that an immigrant visa needs to be available to the applicant at the time that the application is filed. As I said, any attempt to convince USCIS otherwise is a waste of time.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
What part of "an immigrant visa is immediately available to him at the time his application is filed" do you not understand?
And my comments about "The law is the law" and "There is no room for interpretation" refers only to this situation. It is clear as lagoon water that an immigrant visa needs to be available to the applicant at the time that the application is filed. As I said, any attempt to convince USCIS otherwise is a waste of time.
more...
rajivkane
07-20 10:42 PM
Hi!
My EB2 PD is Octo'2005 & receipt date of I-485 is Aug'17 2007 (receipt date on the receipt received from USCIS)to NSC(although online it shows first Aug'2007 & now October'2007). NSC online update shows Aug 10'2007. What are the chances that my application will be processed in Aug'2008? I received a soft LUD on 07/03/2008 on my I-485/ead/travel document but nothing after that.
Regards,
Raj
My EB2 PD is Octo'2005 & receipt date of I-485 is Aug'17 2007 (receipt date on the receipt received from USCIS)to NSC(although online it shows first Aug'2007 & now October'2007). NSC online update shows Aug 10'2007. What are the chances that my application will be processed in Aug'2008? I received a soft LUD on 07/03/2008 on my I-485/ead/travel document but nothing after that.
Regards,
Raj
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pkak
07-13 06:00 PM
All the data shows that we have 20K EB2 I/C with PD before 6/1/2006, and it is comparable with the unused 20K quota from EB1 and EB2-ROW. As stated by Openhemer, the 2 year jump is due to the spillover of 20K to EB2 instead of EB3-ROW and there will NOT be any significant retrogression in Oct. However, a petition is being organized in this forum to stopping this spillover. Only if the petition succeed, we will see EB2 date goes back to 2004.
EB2-India folks should also initiate a petition campaign (on lines of the EB3-India folks) to make sure that these 25K visas do get adjudicated before fiscal year �08 ends.
USCIS may well end up wasting a bulk of these visas, contending that since they are statutorily required to adjudicate all EAD applications within 90 days, and there is a surge in EAD renewals because of (a) July-07 visa bulletin fiasco; and (b) people applying for renewal this month, hoping to get 2 year EAD. Therefore, because of surge in EAD applications, they do not have resources to use up all of this year�s visa numbers.
If this happens even EB3 India will be potential losers also.
EB2-India folks should also initiate a petition campaign (on lines of the EB3-India folks) to make sure that these 25K visas do get adjudicated before fiscal year �08 ends.
USCIS may well end up wasting a bulk of these visas, contending that since they are statutorily required to adjudicate all EAD applications within 90 days, and there is a surge in EAD renewals because of (a) July-07 visa bulletin fiasco; and (b) people applying for renewal this month, hoping to get 2 year EAD. Therefore, because of surge in EAD applications, they do not have resources to use up all of this year�s visa numbers.
If this happens even EB3 India will be potential losers also.
more...
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andycool
02-11 11:50 AM
141,020 visa numbers used in FY2009
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Look at the last page.
The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.
__________________
Not a legal advice.
Check this link
Report of the Visa Office 2009 Table of Contents (http://www.travel.state.gov/visa/frvi/statistics/statistics_4594.html)
Point V and part 2
the numbers come around 137000 ( which is 3000 ) Short of 140,000 ( I think the actual number will be 140,000 + Spill over FB Visas from 2008 If any )
Thanks
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Look at the last page.
The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.
__________________
Not a legal advice.
Check this link
Report of the Visa Office 2009 Table of Contents (http://www.travel.state.gov/visa/frvi/statistics/statistics_4594.html)
Point V and part 2
the numbers come around 137000 ( which is 3000 ) Short of 140,000 ( I think the actual number will be 140,000 + Spill over FB Visas from 2008 If any )
Thanks
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boreal
07-13 01:56 PM
I'm sure most cases have recd at least a computerized review by now, many of the LUDs are for fingerprinting, name checks, change of processing centers etc. Yes there is definitely activity.
However, it does not mean that all pre Jun06 cut-off cases have been pre-adjudicated.
I agree. Infact my application hasnt even been touched once (July 2, RD), no soft LUD either, even after FP .. makes me believe that there might be other applications out there too that have never been touched so far..so we cant assume that all the cases prior to July 2007 have already been pre-adjudicated, just because the processing-dates at NSC say July 2007. I think the processing dates reflect only those cases whose PD was current when the processing-dates timeframe came out. We will know more accurately when the processing-dates are updated next month. If the processing-dates, even after next month's update remain at July, 2007, then we can probably assume that our cases have already been pre-adjudicated. (still makes me wonder how that can happen without any soft LUDs at all, but anything is possible). I will keep my fingers crossed and hope for the best.
However, it does not mean that all pre Jun06 cut-off cases have been pre-adjudicated.
I agree. Infact my application hasnt even been touched once (July 2, RD), no soft LUD either, even after FP .. makes me believe that there might be other applications out there too that have never been touched so far..so we cant assume that all the cases prior to July 2007 have already been pre-adjudicated, just because the processing-dates at NSC say July 2007. I think the processing dates reflect only those cases whose PD was current when the processing-dates timeframe came out. We will know more accurately when the processing-dates are updated next month. If the processing-dates, even after next month's update remain at July, 2007, then we can probably assume that our cases have already been pre-adjudicated. (still makes me wonder how that can happen without any soft LUDs at all, but anything is possible). I will keep my fingers crossed and hope for the best.
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ItIsNotFunny
10-17 02:38 PM
What did we achieve? Didn't come out with common agenda!
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Hassan11
07-02 11:15 AM
This is a sad sad news
UPDATE ON JULY VISA AVAILABILITY
The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:
Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation
have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.
Department of State Publication 9514
CA/VO: July 2, 2007
UPDATE ON JULY VISA AVAILABILITY
The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:
Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation
have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.
Department of State Publication 9514
CA/VO: July 2, 2007
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trueguy
07-03 05:50 PM
Everyone,
Can we stick to the subject please?
Where is the online petition and how soon can we collect all the signature so they can help in getting those three bills approved.
Thanks
Can we stick to the subject please?
Where is the online petition and how soon can we collect all the signature so they can help in getting those three bills approved.
Thanks
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calabor2001
05-14 06:12 AM
PD is current now - lets see if it gets adjudicated! I-485 in TSC. Details in signature.
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Foster2007
07-09 04:42 PM
I agree 100%. They also issued green cards to ppl whose PD was not current in June. Even that is a violation of law.
ItIsNotFunny
10-15 12:05 PM
Guys,
I think this is a time to start another flower campaign to USCIS. It is ridiculuous to have 7 years of retrogression on EB3 India, same is true to good extend for EB2 India also.
I think this is a time to start another flower campaign to USCIS. It is ridiculuous to have 7 years of retrogression on EB3 India, same is true to good extend for EB2 India also.
Canuck
02-14 08:10 PM
This is the exact reason why USCIS has a country quota system ensuring ROW folks do not have to compete with OVERSUBSCRIBED countries.
What WILL NOT happen? - Removal of per country quota for EB Visas!!
Why are you in favour of per country quotas, having been born in an oversubscribed country? Are you a glutton for punishment? Do you enjoy waiting 6 years more than an equally qualified counterpart from another country who moves onto bigger and better jobs while you rot in the same position and pay grade for years?
Per country rationing is discriminatory for EB migration. The best jobs should go to the best people, regardless of national origin, race, or religion - this basic principle is enshrined in employment law, but when it comes to EB migration, it is disregarded! It is not about "giving everyone an equal chance" - this is not a charity, this is a business, and in business, only the best and the brightest get those jobs.
What WILL NOT happen? - Removal of per country quota for EB Visas!!
Why are you in favour of per country quotas, having been born in an oversubscribed country? Are you a glutton for punishment? Do you enjoy waiting 6 years more than an equally qualified counterpart from another country who moves onto bigger and better jobs while you rot in the same position and pay grade for years?
Per country rationing is discriminatory for EB migration. The best jobs should go to the best people, regardless of national origin, race, or religion - this basic principle is enshrined in employment law, but when it comes to EB migration, it is disregarded! It is not about "giving everyone an equal chance" - this is not a charity, this is a business, and in business, only the best and the brightest get those jobs.
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