jkays94
04-26 01:42 PM
BTW, I want to use this opportunity to thank IV members virtual55, jkays94, and cpolisetti for setting this whole ball in motion.
You're most welcome, a big thank you to the core team for having followed up and for doing what was necessary to turn this into reality. I have shared the article with some of my colleagues, and they all agree that the article hit the nail on the head in as many words in regards to the problems that we all undergo as GC and LC applicants, problems that the public at large does not know about and would not otherwise not have knowledge about were it not for IV. Lets keep up the team spirit, the momentum and steer IV to even greater heights! We can do it and we certainly will.
You're most welcome, a big thank you to the core team for having followed up and for doing what was necessary to turn this into reality. I have shared the article with some of my colleagues, and they all agree that the article hit the nail on the head in as many words in regards to the problems that we all undergo as GC and LC applicants, problems that the public at large does not know about and would not otherwise not have knowledge about were it not for IV. Lets keep up the team spirit, the momentum and steer IV to even greater heights! We can do it and we certainly will.
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singhsa3
08-13 10:25 PM
Good job Macaca. Just one thing though, it looks like 1M includes all pending AOS and not just EB. Please see http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3b_backlog s.pdf
Employment Based (EB) Green Card (GC) Numbers Situation
The yearly EB GC quota is 140K. This includes visas for spouses and children. On an average, it is given to ~ 60K families.
Each country is allocated 7% (of 140K) GCs with almost equal distribution for EB-1, EB-2 and EB-3 plus any unused visas from other countries. Each country gets approximately 9800 GCs (~4K families).
The Ombudsman estimates submission of 500K-750K (yes 500K) AOS applications between June 1 and August 17 2007. Most of these applications will be from India and China.
According to Ombudsman's 2007 report, there were ~1M AOS applications pending as of March’07.
So far EAD renewal has been taking ?? months. With the additional applications it will take ?? months and we will have to apply for renewal after ?? months.
The security check backlog appears likely to get worse, if a new immigration bill is enacted as millions of undocumented immigrants would also apply for legalization.
If you were unmarried at the time of filing, you will need to continue on current status (e.g. H-1B) otherwise you cannot bring your spouse.
USCIS is a self-funded organization i.e. it runs on fees it receives and is short on resources.
What do these numbers mean?
There will be 1.4M+ AOS applications by Aug 17 which will take 1.4M/140K = 10+ years. That is, priority dates (PD) will remain retrogressed for several years.
Those who could not file their I-485 now will now have to waitttttt…..
Due to resource constraints, security checks may take years.
Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
Endless cycle of EAD renewals and Advance paroles.
If working on EAD and for any reason, if any of your EAD gets rejected, you will need to stop working, In other words, need to leave your job.
You need to be in the same position with same job responsibilities for an indefinite time period otherwise you Green Card application will be rejected.
EADs are valid for one year and several employers (and rightly so) view it as a temporary permit and hence reluctant to hire you.
Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
So virtually you have three options: a) Struggle for several years b) Leave the USA c) Join us.
Legislative Efforts
EB Immigration reforms do not find enough support on the senate floors (Failure of SKIL, STEM etc Bills). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting on the bills.
IV grassroot effort (flower campaign and SJ rally) was a very important reason for retraction of July Visa Bulletin.
Employment Based (EB) Green Card (GC) Numbers Situation
The yearly EB GC quota is 140K. This includes visas for spouses and children. On an average, it is given to ~ 60K families.
Each country is allocated 7% (of 140K) GCs with almost equal distribution for EB-1, EB-2 and EB-3 plus any unused visas from other countries. Each country gets approximately 9800 GCs (~4K families).
The Ombudsman estimates submission of 500K-750K (yes 500K) AOS applications between June 1 and August 17 2007. Most of these applications will be from India and China.
According to Ombudsman's 2007 report, there were ~1M AOS applications pending as of March’07.
So far EAD renewal has been taking ?? months. With the additional applications it will take ?? months and we will have to apply for renewal after ?? months.
The security check backlog appears likely to get worse, if a new immigration bill is enacted as millions of undocumented immigrants would also apply for legalization.
If you were unmarried at the time of filing, you will need to continue on current status (e.g. H-1B) otherwise you cannot bring your spouse.
USCIS is a self-funded organization i.e. it runs on fees it receives and is short on resources.
What do these numbers mean?
There will be 1.4M+ AOS applications by Aug 17 which will take 1.4M/140K = 10+ years. That is, priority dates (PD) will remain retrogressed for several years.
Those who could not file their I-485 now will now have to waitttttt…..
Due to resource constraints, security checks may take years.
Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
Endless cycle of EAD renewals and Advance paroles.
If working on EAD and for any reason, if any of your EAD gets rejected, you will need to stop working, In other words, need to leave your job.
You need to be in the same position with same job responsibilities for an indefinite time period otherwise you Green Card application will be rejected.
EADs are valid for one year and several employers (and rightly so) view it as a temporary permit and hence reluctant to hire you.
Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
So virtually you have three options: a) Struggle for several years b) Leave the USA c) Join us.
Legislative Efforts
EB Immigration reforms do not find enough support on the senate floors (Failure of SKIL, STEM etc Bills). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting on the bills.
IV grassroot effort (flower campaign and SJ rally) was a very important reason for retraction of July Visa Bulletin.
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ganesha
02-15 12:32 PM
Can you please name those companies for the benefit of everyone...
Dude, just because you don't see the word "some" in my post, don't tell me that i am generalizing.
I do make a clear distinction between good players and bad apples. If you cannot understand, let me know I will put it in simple words!!! Doh!!!
Dude, just because you don't see the word "some" in my post, don't tell me that i am generalizing.
I do make a clear distinction between good players and bad apples. If you cannot understand, let me know I will put it in simple words!!! Doh!!!
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gunsnkars
07-18 04:25 PM
what kind of attitude is this. If he/she is eligible to apply they should apply.
Sorry!If it was rude!!No offence meant...Me thinks it is more of a pain than gain!!Like what if your 485 gets approved b4 u file for your spouse's...There are still solutions as much as problems!!It would only benefit guys who are desperate for EAD but then again if you have your I-140 cleard and with serious retrogressions expected you could still get 3 year H1B extensions!!!
Sorry!If it was rude!!No offence meant...Me thinks it is more of a pain than gain!!Like what if your 485 gets approved b4 u file for your spouse's...There are still solutions as much as problems!!It would only benefit guys who are desperate for EAD but then again if you have your I-140 cleard and with serious retrogressions expected you could still get 3 year H1B extensions!!!
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gvenkat
02-23 10:41 AM
It took a richard attenborough to show case Gandhi and it took Danny Boyle to show case Rahman's talent. as simple as that.. people who cant rejoice at this moment are sore frigging losers. end of story. :D
chanduv23
10-02 02:42 PM
^^^^^^^^^^^^^
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ksrk
01-15 06:03 PM
Note that when you call Customer Support, they recognize Receive Date what you see in your online status as "...your case was received on...", which may be quite different than RD on your receipt. [/QUOTE]
Yes, I agree - my experience has been the same. The customer service representative insisted the receive date was whatever showed up in the online status, even though it was ~45 days after the receipt date printed on my receipt notice.
Btw, I have a question about background/namecheck. I remember reading someplace (official) that fingerprints are valid for a period of 15 months. Now imagine this - at the end of that period, you are fingerprinted again, and while the background/namecheck is in progress the "annual lottery" period opens up in Jul/Aug/Sept. Is that file skipped again since background check is pending?
Regardless of what laws USCIS vouches for, I believe this is what happened during last year "lottery season" in Aug/Sept. My background check was completed and entered in the system mid-Aug., while the USCIS ran out of visa numbers a week or two later.
Yes, I agree - my experience has been the same. The customer service representative insisted the receive date was whatever showed up in the online status, even though it was ~45 days after the receipt date printed on my receipt notice.
Btw, I have a question about background/namecheck. I remember reading someplace (official) that fingerprints are valid for a period of 15 months. Now imagine this - at the end of that period, you are fingerprinted again, and while the background/namecheck is in progress the "annual lottery" period opens up in Jul/Aug/Sept. Is that file skipped again since background check is pending?
Regardless of what laws USCIS vouches for, I believe this is what happened during last year "lottery season" in Aug/Sept. My background check was completed and entered in the system mid-Aug., while the USCIS ran out of visa numbers a week or two later.
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gsc999
04-16 01:27 PM
Dear snehaledu, You raise a good point. Am I IV policeman? The answer is NO. Guess, it is the responsibility of all the members to police themselves. And I saw that it was not happening here, thus my question about the relevance of this thread.
I support Sanju.
Moreover, IV doesn't represent INDIAN employment based legal immigrants, this forum is for all nationalities. Threads like these make this forum seem like it is relevant to only Indians. We need to be mindful of other members who are not from India.
I support Sanju.
Moreover, IV doesn't represent INDIAN employment based legal immigrants, this forum is for all nationalities. Threads like these make this forum seem like it is relevant to only Indians. We need to be mindful of other members who are not from India.
more...
gvenkat
02-23 10:41 AM
It took a richard attenborough to show case Gandhi and it took Danny Boyle to show case Rahman's talent. as simple as that.. people who cant rejoice at this moment are sore frigging losers. end of story. :D
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HopeSprings
04-08 02:53 PM
Guys,
The visa bulletin is out and looks like most of us weren't even close. Nevertheless, this prediction thing is fun.
The visa bulletin is out and looks like most of us weren't even close. Nevertheless, this prediction thing is fun.
more...
gc_coming
09-23 10:12 PM
Hi,
The notice doesn't say that I-485 was denied. for I-140, it says notice of Automatic revocation. For I-485 it says Acknowledgement of withdrawl. It looks to me that my previous desi employer actually withdrawn the I-485 application and thats the reason it says the I-140 is automatically revoked.. But how can they withdraw my I-485 application ?
Thanks in advance for your reply.
The notice doesn't say that I-485 was denied. for I-140, it says notice of Automatic revocation. For I-485 it says Acknowledgement of withdrawl. It looks to me that my previous desi employer actually withdrawn the I-485 application and thats the reason it says the I-140 is automatically revoked.. But how can they withdraw my I-485 application ?
Thanks in advance for your reply.
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greyhair
05-24 09:00 AM
I have reserved the air tickets to do meetings in Washington. I am willing to buy tickets for 1 more person. If anyone needs help in buying tickets please send me a private message. Looking forward to working with everyone.
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ramaonline
09-07 01:16 PM
Thanks for your feedback. We dont have valid H1B stamp on the passport although we have a valid H1B approval. My wife needs to go for stamping.
My question is, Can I enter thru AP after a 4 week period whereas my wife can apply for a H1B visa at US consulate and enter using the stamp on her passport. I would be using H1B and working for GC sponsoring employer and wont use EAD during this period.
If you use AP to enter you will not be in H1B status but you will get Parolee status. If you enter using a valid h1b stamp, you will get into h1 status. Your spouse cannot get h4 stamp based on your parolee status but can get h1 stamp based on her own h1 petition.
It is also possible to be in AP status and use the H1 petition to continue working for the h1b employer. EAD is just a work authorization and is not mandatory in this case. Check this link for more information:
http://www.murthy.com/news/n_efftrv.html
My question is, Can I enter thru AP after a 4 week period whereas my wife can apply for a H1B visa at US consulate and enter using the stamp on her passport. I would be using H1B and working for GC sponsoring employer and wont use EAD during this period.
If you use AP to enter you will not be in H1B status but you will get Parolee status. If you enter using a valid h1b stamp, you will get into h1 status. Your spouse cannot get h4 stamp based on your parolee status but can get h1 stamp based on her own h1 petition.
It is also possible to be in AP status and use the H1 petition to continue working for the h1b employer. EAD is just a work authorization and is not mandatory in this case. Check this link for more information:
http://www.murthy.com/news/n_efftrv.html
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desi3933
02-11 03:00 PM
**********************
You are applying on the basis of an immigrant petition for alien worker, for I140 filed on your behalf. However the same petition has been revoked.
Since the approval of the visa petition files on your behalf is no longer considered valued, your application is here by denied.
Please note that the Form I140 is no longer valid for porting purpose under section 106� of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be “unqualified” at the time of filing you are not eligible for relied under section 106� of AC21.
The regulation do not provide for an appeal from this decision.
*********************************
Who has revoked your I-140?
Is it beacuse of revocation request by Employer
OR
USCIS revoked it as it was approved in error.
There is a big difference between the two?
You are applying on the basis of an immigrant petition for alien worker, for I140 filed on your behalf. However the same petition has been revoked.
Since the approval of the visa petition files on your behalf is no longer considered valued, your application is here by denied.
Please note that the Form I140 is no longer valid for porting purpose under section 106� of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be “unqualified” at the time of filing you are not eligible for relied under section 106� of AC21.
The regulation do not provide for an appeal from this decision.
*********************************
Who has revoked your I-140?
Is it beacuse of revocation request by Employer
OR
USCIS revoked it as it was approved in error.
There is a big difference between the two?
more...
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pmpforgc
07-15 10:34 PM
Can some of experienced guyes answer my question about the DISABILITY INSURANCE.
Some of you guys looks like confusing DISABILITY RIDER in the TERM/WHOLE policy with DISABILITY INSURANCE.
DISABILITY INSURNACE will pay for (in Most case 60% of the last salary) if you become PERMANENTLY DISABLED and can not work up to the age of 62 or 65. After that SS will pay for you.
DISABILITY RIDER that you have with extra cost in the LIFE INSURANCE policy cancel payment requirement of your Life Insurance policy. So If you become Disabled You WILL NOT HAVE TO PAY PREMIUM for your TERM/WHOLE Life policy and still it will be effective.
Because of my one of the diseases I am always worried about DISABILITY insurance.
I always try to get Short term and Long Term disability insurances through employer.
But the problem is they always start with long preexisting exlusions and when you change jobs they dont continue so have to start new one which also has other new preexisting exlusions to start.
You can convert your longterm disability to the personal policy if you have that for long time. but they are not valid if you get new job.
Is there any private/personal (not employer sponsored) Short and long term DISABILITY Insurance policies that we can purchase out side of the job.? How are the premiums? Are they reliable?
also do any of you know case where LIFE INSURANCE was actually paid and how easy/hard the process was for family?
Also similar experiences if some one know if any one used DISABILITY INSURANCE and how hard it was?
Some of you guys looks like confusing DISABILITY RIDER in the TERM/WHOLE policy with DISABILITY INSURANCE.
DISABILITY INSURNACE will pay for (in Most case 60% of the last salary) if you become PERMANENTLY DISABLED and can not work up to the age of 62 or 65. After that SS will pay for you.
DISABILITY RIDER that you have with extra cost in the LIFE INSURANCE policy cancel payment requirement of your Life Insurance policy. So If you become Disabled You WILL NOT HAVE TO PAY PREMIUM for your TERM/WHOLE Life policy and still it will be effective.
Because of my one of the diseases I am always worried about DISABILITY insurance.
I always try to get Short term and Long Term disability insurances through employer.
But the problem is they always start with long preexisting exlusions and when you change jobs they dont continue so have to start new one which also has other new preexisting exlusions to start.
You can convert your longterm disability to the personal policy if you have that for long time. but they are not valid if you get new job.
Is there any private/personal (not employer sponsored) Short and long term DISABILITY Insurance policies that we can purchase out side of the job.? How are the premiums? Are they reliable?
also do any of you know case where LIFE INSURANCE was actually paid and how easy/hard the process was for family?
Also similar experiences if some one know if any one used DISABILITY INSURANCE and how hard it was?
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lost_in_migration
05-14 03:57 PM
This thread is still relevant even after today's VB and even for folks with PD<Jun2003 so just /\/\/\/\/\/\/\/\ up :)
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Vsach
01-15 09:02 PM
It's here guys :
http://travel.state.gov/visa/frvi/bulletin/bulletin_4417.html
So what is the big deal...:mad:
http://travel.state.gov/visa/frvi/bulletin/bulletin_4417.html
So what is the big deal...:mad:
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lifestrikes
09-14 05:32 PM
I got my home in Jan 2007 ( 10% down and 80-10 loan) and expecting to file Labor by early next year.
It's your personal choice and amount of risk you are willing to take.
It's your personal choice and amount of risk you are willing to take.
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ujjvalkoul
05-12 11:15 AM
Us legals do not have enough numbers (we r like 2% of illegals) nor do we have a political clout like "illegals" here...I am sure that if comes to economics 330K of legals may be equally worth in dollars as 12 million illegals but since there is no way to track illegals, we get teh axe....IF this bill does not alleviate our position...we should plan a major "A Day/month without the legal immigrant " kind of a rally and go on a months vacation....see how that effects the US economy
validIV
03-17 03:18 PM
Thanks for inputs in the forums.
EB3-India cannot be discriminated.
Anyone in EB3 after 2-3 years waiting is qualified under EB2-I. And we see people waiting for much more. How can we be discriminated then. We have to do something.
And exactly how is India being discriminated? Do you have proof that they are giving India less visas than the per country limit?
EB3-India cannot be discriminated.
Anyone in EB3 after 2-3 years waiting is qualified under EB2-I. And we see people waiting for much more. How can we be discriminated then. We have to do something.
And exactly how is India being discriminated? Do you have proof that they are giving India less visas than the per country limit?
sbabunle
03-28 09:00 AM
Ladies & Gentlemen
I can understand the emotion and commotion among my fellow beings who are stuck with BECs. I waited agonizing 5 years to get my labor cleared. We all clearly understand what are you guys going through.
But the thing is that Labor Certification issues are taken care with PERM implementation. Also the administration set up 2 BECs to take care of them back logs. Now the issue is purely administrative and not law making. Also BECs made it clear that by Oct 2007 all the back logs will be cleared.
Right now big things are happening in the immigration law making. So I think we should concentrate to get the best out of it and achieve our goals on the Green Card Visa issues. As Tom Tancredo is going to fight with teeth and nail against Immi Bills, we have to do the same.
There are many others issues we can lobby for such as
1) Starting H1B stamping inside the US again( Which was stopped in 2005)
2) Allow H1B spouses to work. etc etc
But I believe our priority for the time being should be Retrogression. I request all of you to use this thread for finding a person to testify.
thanks
babu.
I can understand the emotion and commotion among my fellow beings who are stuck with BECs. I waited agonizing 5 years to get my labor cleared. We all clearly understand what are you guys going through.
But the thing is that Labor Certification issues are taken care with PERM implementation. Also the administration set up 2 BECs to take care of them back logs. Now the issue is purely administrative and not law making. Also BECs made it clear that by Oct 2007 all the back logs will be cleared.
Right now big things are happening in the immigration law making. So I think we should concentrate to get the best out of it and achieve our goals on the Green Card Visa issues. As Tom Tancredo is going to fight with teeth and nail against Immi Bills, we have to do the same.
There are many others issues we can lobby for such as
1) Starting H1B stamping inside the US again( Which was stopped in 2005)
2) Allow H1B spouses to work. etc etc
But I believe our priority for the time being should be Retrogression. I request all of you to use this thread for finding a person to testify.
thanks
babu.
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