eb2dec2005
09-13 01:49 PM
I incorporated the points you made and the revisions are in fuchsia:
The Ombudsman
USCIS
September 10. 2008
Sir/Madam,
On behalf of the employment-based legal immigrant community in the United States of America, I am writing to highlight the ongoing egregious inefficiencies in the immigration �services� provided by the USCIS and the DOS. There have been numerous occasions when there have been erratic movements in the DOS published visa bulletin dates. This, as we understand it, is owing to USCIS under- or over-estimating the number of applicants available for adjustment of status. And in the rare instances when the date finally moves forward by a substantial window, USCIS tends to approve the more recent applications as opposed to the ones that were filed earlier. Let me explain with an example: in the July 2008 visa bulletin, the cut-off date for the India EB2 category was 01 April 2004. A month later, the cut-off date for Indian EB2 applicants abruptly moved forward two years and was set at 01 June 2006. Instead of approving applicants who applied in 2004 and 2005, USCIS approved applicants from 2006. Where is the justice in that??? Why bother publishing the cut-off date if approvals are to be randomly allocated???
We understand we have to stand in line and wait our turn. Each applicant is assigned a priority date which chronologically determines his/her turn for approval. To further complicate matters, once the I-485 is filed, a crop of other dates are issued by the USCIS � a receipt date, a notice date and a processing date. USCIS then takes the liberty to throw random rules at us � �Case adjudication is based on receipt date� �No, we process applications based on notice date�, �Actually, it�s the processing date that determines which applications are adjusted.� !!!
Please take a moment to consider how these conflicting statements and arbitrary decisions wreak havoc on our morale and psyches? No one, NOT even the USCIS, has a clue as to what exactly is happening in their processing centers. The USCIS has never been able to clearly state the exact number of applications languishing, excuse us, we meant pending, in their �service� centers! We, employment-based immigrants, are tax-paying, law-abiding, educated individuals contributing to America�s knowledge economy - yet we have been subjected to the worst aspects of the US employment-based immigration system. These include:
1) Extended wait times at each step of the immigration process.
2) Lack of transparency on the part of USCIS (re: priority date, receipt date, notice date).
3) Lack of USCIS customer service � once applications are submitted to USCIS they disappear into a black hole. Barring a website where one can nominally check one�s case status (but which in reality remains static for months, even years!) there is no concept of updating an applicant on where his case stands. And this is despite the applicant paying immigration fees that often run into thousands of dollars over the years. We are simply expected to wait in a complete void of information, for however long it may take, until approval.
4) Lost opportunities owing to the lack of job portability during the process (a time period spanning an average of five years, whereas an applicant from any country besides India gets his/her PR card in under two years).
Another inconsistency, surfacing in August 2008, begs redressal � while I-485 applicants (albeit those from 2006 instead instead of earlier years) at the TSC were being approved in a steady stream, the NSC was almost completely inactive resulting in only a very few cases being approved prior to August 20th. After this date, the NSC appeared to completely hold off on all I-485 approvals while approvals continued at the TSC. Could somebody please account for this preferential treatment for I-485 applicants at the TSC versus those at the NSC? Furthermore, when complaint faxes were sent in to the NSC in protest, instead of issuing a formal statement to explain their approach, the NSC retaliated by issuing a bunch of RFEs. Is the USCIS trying to intimidate us so that we remain quiescent??
While we are grateful for the opportunity to partake in the American dream, it is ironic that we arrive in America and find that our freedom is shackled � we are bound to our sponsoring employer from the start to the end of an extremely lengthy process. Although legal immigration reform is our ongoing aim, for now, we sincerely request you to investigate the process whereby the monthly visa bulletin is set and to ensure FIFO (first in, first out) adjustment so that those of us who have been waiting longer receive attention prior to those who have applied later. We want USCIS to be accountable to us, its paying customers.
We request you to lend us your ear and address these issues so that we are not subjected to them in the future. Kindly note that there remain roughly 15 days until the October 2008 visa bulletin goes into affect. Once October arrives, the dates for Indian EB2 candidates retrogress to 2003. We believe you have the power to help a few more of us who have been waiting, seemingly endlessly, to get out of this immigration limbo.
Thanking you,
I really appreciate your initiative in drafting this letter.Please let us know, how each one of us could contribute . Whom should the faxes/emails/pamplets be sent.
The Ombudsman
USCIS
September 10. 2008
Sir/Madam,
On behalf of the employment-based legal immigrant community in the United States of America, I am writing to highlight the ongoing egregious inefficiencies in the immigration �services� provided by the USCIS and the DOS. There have been numerous occasions when there have been erratic movements in the DOS published visa bulletin dates. This, as we understand it, is owing to USCIS under- or over-estimating the number of applicants available for adjustment of status. And in the rare instances when the date finally moves forward by a substantial window, USCIS tends to approve the more recent applications as opposed to the ones that were filed earlier. Let me explain with an example: in the July 2008 visa bulletin, the cut-off date for the India EB2 category was 01 April 2004. A month later, the cut-off date for Indian EB2 applicants abruptly moved forward two years and was set at 01 June 2006. Instead of approving applicants who applied in 2004 and 2005, USCIS approved applicants from 2006. Where is the justice in that??? Why bother publishing the cut-off date if approvals are to be randomly allocated???
We understand we have to stand in line and wait our turn. Each applicant is assigned a priority date which chronologically determines his/her turn for approval. To further complicate matters, once the I-485 is filed, a crop of other dates are issued by the USCIS � a receipt date, a notice date and a processing date. USCIS then takes the liberty to throw random rules at us � �Case adjudication is based on receipt date� �No, we process applications based on notice date�, �Actually, it�s the processing date that determines which applications are adjusted.� !!!
Please take a moment to consider how these conflicting statements and arbitrary decisions wreak havoc on our morale and psyches? No one, NOT even the USCIS, has a clue as to what exactly is happening in their processing centers. The USCIS has never been able to clearly state the exact number of applications languishing, excuse us, we meant pending, in their �service� centers! We, employment-based immigrants, are tax-paying, law-abiding, educated individuals contributing to America�s knowledge economy - yet we have been subjected to the worst aspects of the US employment-based immigration system. These include:
1) Extended wait times at each step of the immigration process.
2) Lack of transparency on the part of USCIS (re: priority date, receipt date, notice date).
3) Lack of USCIS customer service � once applications are submitted to USCIS they disappear into a black hole. Barring a website where one can nominally check one�s case status (but which in reality remains static for months, even years!) there is no concept of updating an applicant on where his case stands. And this is despite the applicant paying immigration fees that often run into thousands of dollars over the years. We are simply expected to wait in a complete void of information, for however long it may take, until approval.
4) Lost opportunities owing to the lack of job portability during the process (a time period spanning an average of five years, whereas an applicant from any country besides India gets his/her PR card in under two years).
Another inconsistency, surfacing in August 2008, begs redressal � while I-485 applicants (albeit those from 2006 instead instead of earlier years) at the TSC were being approved in a steady stream, the NSC was almost completely inactive resulting in only a very few cases being approved prior to August 20th. After this date, the NSC appeared to completely hold off on all I-485 approvals while approvals continued at the TSC. Could somebody please account for this preferential treatment for I-485 applicants at the TSC versus those at the NSC? Furthermore, when complaint faxes were sent in to the NSC in protest, instead of issuing a formal statement to explain their approach, the NSC retaliated by issuing a bunch of RFEs. Is the USCIS trying to intimidate us so that we remain quiescent??
While we are grateful for the opportunity to partake in the American dream, it is ironic that we arrive in America and find that our freedom is shackled � we are bound to our sponsoring employer from the start to the end of an extremely lengthy process. Although legal immigration reform is our ongoing aim, for now, we sincerely request you to investigate the process whereby the monthly visa bulletin is set and to ensure FIFO (first in, first out) adjustment so that those of us who have been waiting longer receive attention prior to those who have applied later. We want USCIS to be accountable to us, its paying customers.
We request you to lend us your ear and address these issues so that we are not subjected to them in the future. Kindly note that there remain roughly 15 days until the October 2008 visa bulletin goes into affect. Once October arrives, the dates for Indian EB2 candidates retrogress to 2003. We believe you have the power to help a few more of us who have been waiting, seemingly endlessly, to get out of this immigration limbo.
Thanking you,
I really appreciate your initiative in drafting this letter.Please let us know, how each one of us could contribute . Whom should the faxes/emails/pamplets be sent.
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sargon
05-11 02:55 PM
I totally agree. The point here is that substituted labors are not completely dead. It's like a toxic waste which is still poisoning the legal immigration biosphere.
What most ppl here are asking is to rearrange the PDs of all apps in such a way that substituted labors move back in the queue. This will give the genuine labor folks a better chance.
So just chanting that labor substitution is dead for past two years will cut no ice. All, please don't muddy the water with such statements. The real issue being discussed here is to re-sort the PD, not banning labor substitutions.
Yes it was stopped in 2007. But it still has its shadow. Back in India Did you leave in area where there was shortage of water? All I said is do not call them as jealous. They have valid grievances. If they want they can fight.
Profile is not needed for an educated guess. Any way I became a citizen last week.
What most ppl here are asking is to rearrange the PDs of all apps in such a way that substituted labors move back in the queue. This will give the genuine labor folks a better chance.
So just chanting that labor substitution is dead for past two years will cut no ice. All, please don't muddy the water with such statements. The real issue being discussed here is to re-sort the PD, not banning labor substitutions.
Yes it was stopped in 2007. But it still has its shadow. Back in India Did you leave in area where there was shortage of water? All I said is do not call them as jealous. They have valid grievances. If they want they can fight.
Profile is not needed for an educated guess. Any way I became a citizen last week.
mhathi
07-17 07:31 PM
This achievement of IV and the legal immigrant community shows what a small organization can do to move the goliath and change the world.
But we need to know that the war is far from over.
To quote JRR Tolkien:
The Road goes ever On and On,
Down from the door where it began,
Now Far Ahead the Road has Gone,
And I must Follow if I can.
Pursuing it with Eager Feet,
Until it joins some larger way,
Where many paths and errands meet,
And Whither Then, I cannot Say!
GREAT JOB AND AMAZING WORK!!! CONGRATULATIONS TO ALL!!
But we need to know that the war is far from over.
To quote JRR Tolkien:
The Road goes ever On and On,
Down from the door where it began,
Now Far Ahead the Road has Gone,
And I must Follow if I can.
Pursuing it with Eager Feet,
Until it joins some larger way,
Where many paths and errands meet,
And Whither Then, I cannot Say!
GREAT JOB AND AMAZING WORK!!! CONGRATULATIONS TO ALL!!
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hmo
07-17 08:21 PM
excellent work!
more...
deecha
08-09 08:44 AM
I googled to find any cases similar to the one I have now, by no luck.
My wife was out of status for more than 6 months while she was on H1-b by not working. To put her back on status, my attorney advised to make her go out of the country and come back on H4 visa. Her status now is H4 and has maintained it since the last entry to US. I have maintained my H1-B status since 3 years and got paid for every day.
Is it possible, my I-485 is approved (primary applicant) and her I-485 denied (dependent) due to her prior out-of-status on H1-B? Her current status as mentioned in the I-485 forms is H4.
Please advice.
Thanks.
Yes, there is a possibility of I-485 denial for dependent as it is at the discretion of the adjudicating/immigration officer. Having said this, any denial can be appealed using a MTR. It can also be referred to the board of immigration appeals.
My wife was out of status for more than 6 months while she was on H1-b by not working. To put her back on status, my attorney advised to make her go out of the country and come back on H4 visa. Her status now is H4 and has maintained it since the last entry to US. I have maintained my H1-B status since 3 years and got paid for every day.
Is it possible, my I-485 is approved (primary applicant) and her I-485 denied (dependent) due to her prior out-of-status on H1-B? Her current status as mentioned in the I-485 forms is H4.
Please advice.
Thanks.
Yes, there is a possibility of I-485 denial for dependent as it is at the discretion of the adjudicating/immigration officer. Having said this, any denial can be appealed using a MTR. It can also be referred to the board of immigration appeals.
harish28
04-05 03:14 PM
Thanks for all the responses and suggestion. All your suggestions mean one thing my filling the H1 this year is near to impossible. well i understand the situatiuon and now i'm in a state to plan my moves.
Firstly can i take my OPT back and continue my current masters?? I sent the forms on say 1st of April..
Sencond, Is this an option that i file my H1 with some firm next year (2008) and after my opt expires join for a Masters/PHD course get a F1 status so that i can stay in the US, then when my H1 comes to act on Oct 2008 can i take that and withdraw from the Masters program and also change from F1 to H1??? Is this possible coz this is what i might plan to do.....
Please help me out. Thanks againg for the responses..
Firstly can i take my OPT back and continue my current masters?? I sent the forms on say 1st of April..
Sencond, Is this an option that i file my H1 with some firm next year (2008) and after my opt expires join for a Masters/PHD course get a F1 status so that i can stay in the US, then when my H1 comes to act on Oct 2008 can i take that and withdraw from the Masters program and also change from F1 to H1??? Is this possible coz this is what i might plan to do.....
Please help me out. Thanks againg for the responses..
more...
eb3_nepa
04-20 11:48 AM
1) We got a spike in new membership and funds
2) We now have atleast 2 more NATIONAL publications who have taken notice of our activities and are more sympathetic to our causes. They feel we have a compelling story and they are interested in publishing about our plight...
In fact two IV members are being interviewed today by a leading publication.
and the most important
3) We got additional material to provide to senators and their staff...this really helps as we do not have to establish ourselves....our stories along with newspaper articles help make our case much stronger....
When we initially started meeting senators, their staff would ask QGA 'Immigration Voice, who or what is that?'
Lately when we go to meet them, most of the staff have already visited our sites multiple times, know about us because of phone calls and faxes by members and ofcourse the articles that have been published....on top of this when we provide stories of members from their constituency, 50% of our work is already achieved....the liason team and QGA take over from there.
So to answer your question, yes it helped a lot
Thanks Ragz4u. We shud try and publish info like this on the website in an "Recent Updates/Activity" section. That section will give not only what IV is doing currently but also what the impact is. Now i dont know if that will have adverse consequences, but if it wont then we shud publish more such info on the site. This will convince the fence sitters to contribute and participate more actively. We have the forums on the extreme right, above or below that we shud have a "Live/Recent Updates/Activity" or a link updated as frequently as possible. There was a saying that "IV never sleeps". I think it is time that the people visiting IV and it's forums know that and know what all is going on.
Does that sound like a good idea, or is it going to have adverse effects?
2) We now have atleast 2 more NATIONAL publications who have taken notice of our activities and are more sympathetic to our causes. They feel we have a compelling story and they are interested in publishing about our plight...
In fact two IV members are being interviewed today by a leading publication.
and the most important
3) We got additional material to provide to senators and their staff...this really helps as we do not have to establish ourselves....our stories along with newspaper articles help make our case much stronger....
When we initially started meeting senators, their staff would ask QGA 'Immigration Voice, who or what is that?'
Lately when we go to meet them, most of the staff have already visited our sites multiple times, know about us because of phone calls and faxes by members and ofcourse the articles that have been published....on top of this when we provide stories of members from their constituency, 50% of our work is already achieved....the liason team and QGA take over from there.
So to answer your question, yes it helped a lot
Thanks Ragz4u. We shud try and publish info like this on the website in an "Recent Updates/Activity" section. That section will give not only what IV is doing currently but also what the impact is. Now i dont know if that will have adverse consequences, but if it wont then we shud publish more such info on the site. This will convince the fence sitters to contribute and participate more actively. We have the forums on the extreme right, above or below that we shud have a "Live/Recent Updates/Activity" or a link updated as frequently as possible. There was a saying that "IV never sleeps". I think it is time that the people visiting IV and it's forums know that and know what all is going on.
Does that sound like a good idea, or is it going to have adverse effects?
2010 CROWNE CROWS --- I don#39;t know
ArkBird
03-07 01:27 PM
I am doubling my pledge to $100
(104*25)+(11*50)+(4*100)=3550
need 1450 more
(104*25)+(11*50)+(4*100)=3550
need 1450 more
more...
HV000
08-11 10:51 AM
Ahhhh so close!!! Mine is EB2-I - March 2005!!
Has Oct bulletin traditionally gone forward than Sept bulletin. I feel very bad for EB3. Oct has to open up for EB3.
Has Oct bulletin traditionally gone forward than Sept bulletin. I feel very bad for EB3. Oct has to open up for EB3.
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franklin
07-05 11:42 PM
Well said. Just think of this flower drive as a way to display our collective might to the media. What really shocks me is that most of us are tech savvy and yet we don't even see too many blog posts on this issue by the community of skilled, legal non-immigrants.
We need to be more vocal, and sending flowers is just another way of expressing our thoughts.
This is true, I assume that everyone here has also participated in the media, funding and lawmaker meeting drives?
We need to be more vocal, and sending flowers is just another way of expressing our thoughts.
This is true, I assume that everyone here has also participated in the media, funding and lawmaker meeting drives?
more...
mohanty999
08-21 07:21 PM
When taking an Infopass appointment, is it ok to choose the option of
Step 1. Case pending
Step 2. If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment
Did anyone use this, even if there was no Service Request filed? Were you asked for a Service Request number? If not, what option does one use to take an appointment?
Step 1. Case pending
Step 2. If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment
Did anyone use this, even if there was no Service Request filed? Were you asked for a Service Request number? If not, what option does one use to take an appointment?
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santb1975
11-19 07:34 PM
Hopefully we will reach a 1000 soon. The thread has been active for 4 days so far. Let's see how much we can generate over the next 6 weeks
more...
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Nil
04-13 08:44 PM
It is good to analyze. But pls let us be together.
There are several who's category was determined by the employer and their lawyer and an equal number, who have no clue as to what is actually the content of their labor. Myself for example, was never allowed a glimpse of the labor application, only know that it was approved. i also do not have a hard copy of my I140.
The positive point is this year, major channels are talking about Legal immigration much more than i have heard before.
let us work together to highlight the broken system, the only way it can eventually get fixed by our direct efforts.
There are several who's category was determined by the employer and their lawyer and an equal number, who have no clue as to what is actually the content of their labor. Myself for example, was never allowed a glimpse of the labor application, only know that it was approved. i also do not have a hard copy of my I140.
The positive point is this year, major channels are talking about Legal immigration much more than i have heard before.
let us work together to highlight the broken system, the only way it can eventually get fixed by our direct efforts.
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qvadis
07-11 05:56 AM
Hi Paskal,
but the categories and priorities were created to be based on the jobs too. and there are people in EB3 with bachelors degrees only. so what? it's meant for jobs that need a bachelors degree. it is indeed your misfortune to be in EB3.
It's very interesting to see the fight between EB2 and EB3. You don't seem to be concerned too much that EB3 is in a disadvantage. Well, the original topic was the 'disadvantage' of oversubscribed v. other countries. What if we apply the same principal of equality of EB2 and EB3 applicants and remove these categories completely. That would mean that EB2-I wouldn't get any GCs for the next two or three years until EB3-I has caught up. Fair?
I don't want to get into the discussion if country ceilings are fair or not. If, however, it was suddenly removed, ROW filers who are only a few months away wouldn't get any GCs for the next few years. I haven't seen any opposing comment, suggesting that the meaning of the I in IV has changed.
Anyway, in my opinion, the best bet would be to try to recapture Visas and increase country ceilings or set a portion aside for heavily retrogressed countries.
but the categories and priorities were created to be based on the jobs too. and there are people in EB3 with bachelors degrees only. so what? it's meant for jobs that need a bachelors degree. it is indeed your misfortune to be in EB3.
It's very interesting to see the fight between EB2 and EB3. You don't seem to be concerned too much that EB3 is in a disadvantage. Well, the original topic was the 'disadvantage' of oversubscribed v. other countries. What if we apply the same principal of equality of EB2 and EB3 applicants and remove these categories completely. That would mean that EB2-I wouldn't get any GCs for the next two or three years until EB3-I has caught up. Fair?
I don't want to get into the discussion if country ceilings are fair or not. If, however, it was suddenly removed, ROW filers who are only a few months away wouldn't get any GCs for the next few years. I haven't seen any opposing comment, suggesting that the meaning of the I in IV has changed.
Anyway, in my opinion, the best bet would be to try to recapture Visas and increase country ceilings or set a portion aside for heavily retrogressed countries.
more...
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dummgelauft
12-08 11:54 AM
Hello Ronhira,
If some orphan or homeless break your front door and enter into your house, would you allow him to stay with your family on Humanity basis ?
Why first of all INTENTIONALLY she entered other's territory ?
Tx
You are right on the money.
And all of us who are from India, let us not forget that INDIA faces similar issues of cross-border infiltration ( the reasons may be different), form some of our less than friendly neighboring countries.
Indian forces are trained and instructed to foil these guys from crossing over by whatever means necessary, including blowing their heads off with a well placed gunshot...and if arrested, we all know how our Police forces and other investigative agencies treat and interrogate the people in their custody...
Just one hypothetical question for these people...What if a pregnant female terrorist is arrested by police in India, just before she was about to engage in some terrorist act in India itself, is arrested and is shackled to her hospital bed, while she gives birth...would all of these "human rights supporters be saying these same things...
Where does the "humanity" that these "holier-than-thou" people are talking about, go.
We all feel happy when intruders are shot or arrested at out land borders....
If India has the right to protect its territory from illegal incursions by Citizens of other countries, why not US?
If some orphan or homeless break your front door and enter into your house, would you allow him to stay with your family on Humanity basis ?
Why first of all INTENTIONALLY she entered other's territory ?
Tx
You are right on the money.
And all of us who are from India, let us not forget that INDIA faces similar issues of cross-border infiltration ( the reasons may be different), form some of our less than friendly neighboring countries.
Indian forces are trained and instructed to foil these guys from crossing over by whatever means necessary, including blowing their heads off with a well placed gunshot...and if arrested, we all know how our Police forces and other investigative agencies treat and interrogate the people in their custody...
Just one hypothetical question for these people...What if a pregnant female terrorist is arrested by police in India, just before she was about to engage in some terrorist act in India itself, is arrested and is shackled to her hospital bed, while she gives birth...would all of these "human rights supporters be saying these same things...
Where does the "humanity" that these "holier-than-thou" people are talking about, go.
We all feel happy when intruders are shot or arrested at out land borders....
If India has the right to protect its territory from illegal incursions by Citizens of other countries, why not US?
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legal_alien_007
07-05 09:29 PM
Good idea.. definitely worth a try
Just sent some
Just sent some
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PlainSpeak
04-14 11:39 AM
From the following information:
1.Grant GC to all EB 2 / 3 class pimary applicants who have completed 8 years of continuous stay in the USA without any criminal record.
Personally, I do think the above bill you requested in the #1) is extremely difficult to work. It is because there was a bill proposed to the EB-2/EB-3 applicants to occupy the annual DV-lottery of 55,000 quota but it is NOT becomed a law yet. Now is April, 2011 and the DV-lottery results of this year will be announced soon online and the coming year of DV-lottery will be drawn again later during this coming Oct, 2011 but there is still NO hope to give those EB-2/EB-3 applicants into this DV-lottery quota. If this quota is occupied by EB-2/EB-3 applicants, less applicants will be in GC line.
Also, there is a proposed bill to allow foreign US accreditated universities' advanced graduates of STEM and with a US job offer to have GC but again it is NOT becomed a law yet. Also, your proposed EB-2/EB-3 applicants who have continuous stay of 8 years in US without criminal record to have GC may not fit the requirement of US needed because some of these EB-2/EB-3 applicants are NOT graduated in US universities and some of them are NOT in Science, Medicine, Engineering and Techology academic major which US society in demand.
Last time I have read some other online news or forum, it talks about there is guy who was graduated in a US university with double Master degree---one is M.Sc in computer science and the other is MBA and he still get stuck in getting his first new H-1B visa and later he decided to back home without choice. Yesterday I have read some other online news or forum, it talks about some people who graduated in US Ph.D or doctorate degree in Science/Engineering/Medicine cannot get the GC or some of them get stuck in his or her first new H-1B visa application (due to quota was full or from other reasons) or get stuck in the H-1B visa renewed. So without H-1B visa, how can they get into the EB line for GC?----They are all US graduates and have stayed in US for more than 6-8 years to study with social security card and drivers' licenses and without criminal record !!!!!!!!!!!!!
So you can see if your requested bill in #1) is working, so how about those who graduated in US university in Advanced degree of Science/Medicine/Engineering with US job offer or without H-1B visa?------They are US STEM graduates and have stayed in US with 6-8 years either study or work without criminal record (and with social security card and drivers' licenses)
Personally, I do believe since US demand Science/Medicine/Engineering (STEM) type people and also need the inflow of money to rescue the national debt, so why don't allow those US STEM type graduates get the GC and bring the money to immigrate to start up companies to create job opportunities and to buy houses. Then the non-STEM graduates who want to stay in US can also go into the second path of immigration such as bring money to set up companies to hire 3-6 persons for better economy. The DV-lottery can open to any US STEM graduates to enrol online by " first come, first get" basis and if once annual immigration quota of 55,000 is filled, those graduates need to wait for another year to enrol online for immigration. So every STEM or non-STEM graduates bring money to start companies in US creating job opportunities, paying taxes and bring inflow of money----better economy is growing up.
Moreover, those graduates will invite friends/relatives to visit US, increasing sales of both international and dosmetic airline tickets, hotel reservations, restaurant reservations and uplift the profits all kinds of retail businesses. Tourist visa fees will also add monetary income. Overall, inflow of money and jobs creation are dual powers to uplift the economy.
With inflow of money from immigration, there is NO government shutdown and there is NO hiking taxes needed for the existing US companies.
Also, in Australia, it allows foreign graduates who have stayed in Australia for over 5 years and without criminal record to get the GC automatically
One correction to all that was stated above....
Instead of allowing US STEM graduates to get GC based on US job offer it would be beneficial to instead allow US STEM graduates to apply and get H1B without any quota. Tht way they will get into the system and don't need to go back to home country. Giving GC to STEM graduates directly is wrong by law because it bypasses labour and 140 conditions which state that a company is willing to sponser GC for a person.
1.Grant GC to all EB 2 / 3 class pimary applicants who have completed 8 years of continuous stay in the USA without any criminal record.
Personally, I do think the above bill you requested in the #1) is extremely difficult to work. It is because there was a bill proposed to the EB-2/EB-3 applicants to occupy the annual DV-lottery of 55,000 quota but it is NOT becomed a law yet. Now is April, 2011 and the DV-lottery results of this year will be announced soon online and the coming year of DV-lottery will be drawn again later during this coming Oct, 2011 but there is still NO hope to give those EB-2/EB-3 applicants into this DV-lottery quota. If this quota is occupied by EB-2/EB-3 applicants, less applicants will be in GC line.
Also, there is a proposed bill to allow foreign US accreditated universities' advanced graduates of STEM and with a US job offer to have GC but again it is NOT becomed a law yet. Also, your proposed EB-2/EB-3 applicants who have continuous stay of 8 years in US without criminal record to have GC may not fit the requirement of US needed because some of these EB-2/EB-3 applicants are NOT graduated in US universities and some of them are NOT in Science, Medicine, Engineering and Techology academic major which US society in demand.
Last time I have read some other online news or forum, it talks about there is guy who was graduated in a US university with double Master degree---one is M.Sc in computer science and the other is MBA and he still get stuck in getting his first new H-1B visa and later he decided to back home without choice. Yesterday I have read some other online news or forum, it talks about some people who graduated in US Ph.D or doctorate degree in Science/Engineering/Medicine cannot get the GC or some of them get stuck in his or her first new H-1B visa application (due to quota was full or from other reasons) or get stuck in the H-1B visa renewed. So without H-1B visa, how can they get into the EB line for GC?----They are all US graduates and have stayed in US for more than 6-8 years to study with social security card and drivers' licenses and without criminal record !!!!!!!!!!!!!
So you can see if your requested bill in #1) is working, so how about those who graduated in US university in Advanced degree of Science/Medicine/Engineering with US job offer or without H-1B visa?------They are US STEM graduates and have stayed in US with 6-8 years either study or work without criminal record (and with social security card and drivers' licenses)
Personally, I do believe since US demand Science/Medicine/Engineering (STEM) type people and also need the inflow of money to rescue the national debt, so why don't allow those US STEM type graduates get the GC and bring the money to immigrate to start up companies to create job opportunities and to buy houses. Then the non-STEM graduates who want to stay in US can also go into the second path of immigration such as bring money to set up companies to hire 3-6 persons for better economy. The DV-lottery can open to any US STEM graduates to enrol online by " first come, first get" basis and if once annual immigration quota of 55,000 is filled, those graduates need to wait for another year to enrol online for immigration. So every STEM or non-STEM graduates bring money to start companies in US creating job opportunities, paying taxes and bring inflow of money----better economy is growing up.
Moreover, those graduates will invite friends/relatives to visit US, increasing sales of both international and dosmetic airline tickets, hotel reservations, restaurant reservations and uplift the profits all kinds of retail businesses. Tourist visa fees will also add monetary income. Overall, inflow of money and jobs creation are dual powers to uplift the economy.
With inflow of money from immigration, there is NO government shutdown and there is NO hiking taxes needed for the existing US companies.
Also, in Australia, it allows foreign graduates who have stayed in Australia for over 5 years and without criminal record to get the GC automatically
One correction to all that was stated above....
Instead of allowing US STEM graduates to get GC based on US job offer it would be beneficial to instead allow US STEM graduates to apply and get H1B without any quota. Tht way they will get into the system and don't need to go back to home country. Giving GC to STEM graduates directly is wrong by law because it bypasses labour and 140 conditions which state that a company is willing to sponser GC for a person.
girlfriend As Julia Roberts would say,
tinamatthew
07-20 08:00 PM
Chronology
========
#1 May 2001 - Come to US on H1B (California) I-94 valid till Nov 2003
#2 Oct 2001 - Change employers and get a H1 transfer (California) New I-94 valid till Feb 2004
#3 Nov 2002 - Fall in love with an American girl
#4 Dec 2002 - Quit job and move to Michigan to be with girlfriend (Out of status)
#5 March 2003 - Find job in MI, employers lawyer botches my H1 transfer / extension (Out of status)
#6 October 2003 - Fall out with employer and quit.
#7 November 2003 - Marry girlfriend (Out of status)
#8 April 2004 - Wife files I-130/I-485/I-765 (AOS Pending status)
#9 April 2004 - Find a new employer "X" and start working for him
#10 June 2004 - Wife and I have irreconcilable differences and I separate, later file for divorce
#11 June 2004 - "X" petitions for new H1B for me for FY-2005 starting in Oct.
#12 July 2004 - leave US and go back to homeland, get new H1 visa stamped with expiration date of June 2007
#13 Sept. 2004 - Come back to the US with new H1 visa stamp and get new I-94 (exp. June 2007) -----> Fresh start, eh ?
#14 Nov 2004 - Divorce final
#15 Dec 2004 - "X" files Labor RIR EB3. PD is Dec 2004
#16 Dec 2005 - "X" files labor PERM EB2. PD is Dec 2005
#17 Feb 2006 - PERM labor EB2 approved
#18 March 2006 - Voluntarily went to local CIS office and withdrew old I-485. Proof of withdrawal obtained.
#19 June 2006 - EB2 I-140 filed with copy of labor (Still pending) Obtained receipt
#20 Oct 2006 - EB3 labor approved from backlog center
#21 May 2007 - File for 7th year H1B extension
#22 Jun 2007 - EB3 I-140 filed (Still pending). Obtained receipt
#23 Jul 2007 - H1B Extension approved (new I-94 with expiration of Jun 2008)
#24 Jul 2007 - Ready to file I-485 concurrent with EB3 I-140
From february 2004 (expiry date of i-94 card) until april 1994 it looks like you accrued unlawful presence. The unlawful presence stopped when you filed the 485.
The unlawful presence was wiped out when you left and re-entered usa (the 3 year bar didn't kick in because the unlawful presence was less then 180 days).
You will be fine.
Just be truthful that you filed 485 before; you had divorce and all the employers that you worked with. Only thing they can get you on is if you try to embelish or hide things even though they were forgiven when you left and re-entered.
UN from what I read he was out of status from Mar 2003 to Apr 2004. Pls correct me if I am wrong
========
#1 May 2001 - Come to US on H1B (California) I-94 valid till Nov 2003
#2 Oct 2001 - Change employers and get a H1 transfer (California) New I-94 valid till Feb 2004
#3 Nov 2002 - Fall in love with an American girl
#4 Dec 2002 - Quit job and move to Michigan to be with girlfriend (Out of status)
#5 March 2003 - Find job in MI, employers lawyer botches my H1 transfer / extension (Out of status)
#6 October 2003 - Fall out with employer and quit.
#7 November 2003 - Marry girlfriend (Out of status)
#8 April 2004 - Wife files I-130/I-485/I-765 (AOS Pending status)
#9 April 2004 - Find a new employer "X" and start working for him
#10 June 2004 - Wife and I have irreconcilable differences and I separate, later file for divorce
#11 June 2004 - "X" petitions for new H1B for me for FY-2005 starting in Oct.
#12 July 2004 - leave US and go back to homeland, get new H1 visa stamped with expiration date of June 2007
#13 Sept. 2004 - Come back to the US with new H1 visa stamp and get new I-94 (exp. June 2007) -----> Fresh start, eh ?
#14 Nov 2004 - Divorce final
#15 Dec 2004 - "X" files Labor RIR EB3. PD is Dec 2004
#16 Dec 2005 - "X" files labor PERM EB2. PD is Dec 2005
#17 Feb 2006 - PERM labor EB2 approved
#18 March 2006 - Voluntarily went to local CIS office and withdrew old I-485. Proof of withdrawal obtained.
#19 June 2006 - EB2 I-140 filed with copy of labor (Still pending) Obtained receipt
#20 Oct 2006 - EB3 labor approved from backlog center
#21 May 2007 - File for 7th year H1B extension
#22 Jun 2007 - EB3 I-140 filed (Still pending). Obtained receipt
#23 Jul 2007 - H1B Extension approved (new I-94 with expiration of Jun 2008)
#24 Jul 2007 - Ready to file I-485 concurrent with EB3 I-140
From february 2004 (expiry date of i-94 card) until april 1994 it looks like you accrued unlawful presence. The unlawful presence stopped when you filed the 485.
The unlawful presence was wiped out when you left and re-entered usa (the 3 year bar didn't kick in because the unlawful presence was less then 180 days).
You will be fine.
Just be truthful that you filed 485 before; you had divorce and all the employers that you worked with. Only thing they can get you on is if you try to embelish or hide things even though they were forgiven when you left and re-entered.
UN from what I read he was out of status from Mar 2003 to Apr 2004. Pls correct me if I am wrong
hairstyles Julia Roberts,
LostInGCProcess
11-11 03:05 PM
I have no words for people in this forum, suggesting the person to just be quite and not report about that nanny who has harmed a child who is just 8 months old...it is very sad, sickening, and shocking that a majority of you guys are giving such bad suggestion.
Your first instinct as a parent is to protect your child.
If the child is harmed and you have the proof, man!!!! I would not be discussing that on this forum, but would go straight to the police station and give the complaint and protect my child and scores of other child who might be next if that nanny is not booked by the authorities.
She has advertised in a web site. It not going to be a big crime if you unknowingly hire someone who happens to be not authorized to work. At most its a misdemeanor with a fine.
But keeping quite after seeing what that devil has done to a child, it really bogs my mind, can't imagine why you folks are so afraid.
Report it to the authorities soon...believe me, you would not regret it for the rest of your life.
Immigration and IRS are not linked in any way: Just found this on the internet, does it make any sense?
Families who decide to hire or retain their illegal immigrant employees are able to comply with all of the current payroll tax reporting requirements, even if the worker does not have a valid Social Security number or US Work Authorization. The Internal Revenue Code prohibits the sharing of taxpayer information with other government agents - see THE PRIVACY ACT OF 1974 5 U.S.C. � 552a. HomeWork Solutions' staff can assist employers in this tax compliance, including preparation of back tax returns. Remember, tax compliance by illegal immigrants does not confer work authorization, but non-compliance will make them ineligible for future legal status.
Your first instinct as a parent is to protect your child.
If the child is harmed and you have the proof, man!!!! I would not be discussing that on this forum, but would go straight to the police station and give the complaint and protect my child and scores of other child who might be next if that nanny is not booked by the authorities.
She has advertised in a web site. It not going to be a big crime if you unknowingly hire someone who happens to be not authorized to work. At most its a misdemeanor with a fine.
But keeping quite after seeing what that devil has done to a child, it really bogs my mind, can't imagine why you folks are so afraid.
Report it to the authorities soon...believe me, you would not regret it for the rest of your life.
Immigration and IRS are not linked in any way: Just found this on the internet, does it make any sense?
Families who decide to hire or retain their illegal immigrant employees are able to comply with all of the current payroll tax reporting requirements, even if the worker does not have a valid Social Security number or US Work Authorization. The Internal Revenue Code prohibits the sharing of taxpayer information with other government agents - see THE PRIVACY ACT OF 1974 5 U.S.C. � 552a. HomeWork Solutions' staff can assist employers in this tax compliance, including preparation of back tax returns. Remember, tax compliance by illegal immigrants does not confer work authorization, but non-compliance will make them ineligible for future legal status.
axp817
03-09 11:27 AM
everything in Pappu's message sounds good to me.
Itisnotfunny,
Should we go ahead and contribute what we pledged (those of us that haven't already paid) using the tool at the top of the screen?
thanks,
Itisnotfunny,
Should we go ahead and contribute what we pledged (those of us that haven't already paid) using the tool at the top of the screen?
thanks,
krish2005
08-11 04:10 PM
Its high time since we spent in doing the guesswork. But sadly that's the only way to get out of the mental agony any one in EB3 stands as of now.
Even obama has indicated that immig reform is in the attic and also visa bulletin site shows wordings like that 10000 numbers for EB3 has been cut to 5000 (it must be saying from long time back itself) which is another pain in the already open wound of EB3.
Good at least EB2 moved but sad story continues for EB3. My guesswork is that for EB3 some daylight will be possible only around feb 2010. If no moves happen even in next year then its s%^t for all of us in EB3.
Even obama has indicated that immig reform is in the attic and also visa bulletin site shows wordings like that 10000 numbers for EB3 has been cut to 5000 (it must be saying from long time back itself) which is another pain in the already open wound of EB3.
Good at least EB2 moved but sad story continues for EB3. My guesswork is that for EB3 some daylight will be possible only around feb 2010. If no moves happen even in next year then its s%^t for all of us in EB3.
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