meridiani.planum
09-11 11:29 PM
Can one even file a lawsuit against USCIS ?? :D
this is the United States. You can file a lawsuit against ANYONE :D
this is the United States. You can file a lawsuit against ANYONE :D
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ashutrip
06-25 10:21 AM
As far as I know your country of origin doesn't matter under PERM. Correct me if I'm wrong.
No
No
sam_hoosier
01-03 04:06 PM
I plan on staying here for 5 more years and then I am going back - GC or no GC ;)
After having lived in the US for 8 yrs, I still find myself craving for all things Indian - food, grocery, music, friends, movies, TV channels etc.
For me GC is just a convenience which will allow me to change jobs and hopefully get to the level that I should have if I had not been stuck because of the H1B.
My kids are US citizens and they are free to come back & study/work/live here when they are old enough to make that decision.
To go back after having managed to get here was a tough decision to make, but the whole retrogression thing has made it easier for me.
After having lived in the US for 8 yrs, I still find myself craving for all things Indian - food, grocery, music, friends, movies, TV channels etc.
For me GC is just a convenience which will allow me to change jobs and hopefully get to the level that I should have if I had not been stuck because of the H1B.
My kids are US citizens and they are free to come back & study/work/live here when they are old enough to make that decision.
To go back after having managed to get here was a tough decision to make, but the whole retrogression thing has made it easier for me.
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hebron
10-22 10:00 AM
Hi 9Years and VayuMahesh,
Thanks for the info. This helps people who are planning to port.
1. Did you refile under EB2 with the same employer? If so, would you mind sharing details - job description used for EB3 and EB2? I have an MCA from India with 12+ years of experience. My current employer filed my GC under EB3 (PD 2004), job description used was Software Engineer. I was promoted since then to Principal S/W Engineer and I was hoping I could ask my current employer to refile under EB2. But my attorney says that it is risky since the current job description of Principal Software Engineer has to be different from Software Engineer by atleast 50%.
2. Did you get any RFE during the new PERM or I-140?
It will be of great help if you could advice.
Thanks in advance!
Thanks for the info. This helps people who are planning to port.
1. Did you refile under EB2 with the same employer? If so, would you mind sharing details - job description used for EB3 and EB2? I have an MCA from India with 12+ years of experience. My current employer filed my GC under EB3 (PD 2004), job description used was Software Engineer. I was promoted since then to Principal S/W Engineer and I was hoping I could ask my current employer to refile under EB2. But my attorney says that it is risky since the current job description of Principal Software Engineer has to be different from Software Engineer by atleast 50%.
2. Did you get any RFE during the new PERM or I-140?
It will be of great help if you could advice.
Thanks in advance!
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Legal
07-05 12:42 PM
I called the congresswomen and senator from our constituencies. They do not have any idea what I am talking about. I think I made them more confused than ever.
We need to come up with a letter format, which can be printed and send it to them by mail as well as we need to have web fax with a clear message.
Dear Senator,
I am an immigrant who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as green card for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get the green card for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, back logs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS).
Several categories of EB immigrant visa numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, for many of us these delays have led to indentured servitude. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been shattered.
For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant .visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date�, all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.
This announcement by DOS on 6/13/2007 would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as job mobility, some freedom from the employer, work authorization for our spouses and a travel authorization known as �advance parole�. This authorization would allow us to travel outside US without fear of not being able to re-enter the country.
We spent thousands of dollars in legal fees, immigration medical exams, vaccinations, blood tests, x-rays and getting various supporting documents ready to file our immigrant petitions to USCIS. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our native countries. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all our petitions would be rejected. Within a span of 2 weeks, to be precise -in 12 working days- USCIS claims to have approved 60,000 EB immigrant visa petitions. This unprecedented rapid action of USCIS has led to exhaustion of all the available visa numbers for this fiscal year. Meanwhile it is prognosticated that in the next fiscal year which begins on October 1, 2007 our plight and delays would actually worsen.
Interestingly USCIS has never processed so many applications this fast, and it is unclear why they did not convey this potential exhaustion of visa numbers to DOS before June 13, 2007.
For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.
We sincerely seek immediate congressional/ legislative remedial measures which would
(1) Reduce the enormous backlogs of green card petitions of legal skilled immigrants
(2) Ensure and enable USCIS not to reject our immigrant visa petitions and give us interim benefits of a pending immigrant visa petition.
I make this sincere request on behalf of all legal skilled immigrants with the hope that people who played by the rules will be rewarded.
Yours Sincerely,
We need to come up with a letter format, which can be printed and send it to them by mail as well as we need to have web fax with a clear message.
Dear Senator,
I am an immigrant who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as green card for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get the green card for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, back logs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS).
Several categories of EB immigrant visa numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, for many of us these delays have led to indentured servitude. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been shattered.
For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant .visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date�, all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.
This announcement by DOS on 6/13/2007 would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as job mobility, some freedom from the employer, work authorization for our spouses and a travel authorization known as �advance parole�. This authorization would allow us to travel outside US without fear of not being able to re-enter the country.
We spent thousands of dollars in legal fees, immigration medical exams, vaccinations, blood tests, x-rays and getting various supporting documents ready to file our immigrant petitions to USCIS. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our native countries. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all our petitions would be rejected. Within a span of 2 weeks, to be precise -in 12 working days- USCIS claims to have approved 60,000 EB immigrant visa petitions. This unprecedented rapid action of USCIS has led to exhaustion of all the available visa numbers for this fiscal year. Meanwhile it is prognosticated that in the next fiscal year which begins on October 1, 2007 our plight and delays would actually worsen.
Interestingly USCIS has never processed so many applications this fast, and it is unclear why they did not convey this potential exhaustion of visa numbers to DOS before June 13, 2007.
For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.
We sincerely seek immediate congressional/ legislative remedial measures which would
(1) Reduce the enormous backlogs of green card petitions of legal skilled immigrants
(2) Ensure and enable USCIS not to reject our immigrant visa petitions and give us interim benefits of a pending immigrant visa petition.
I make this sincere request on behalf of all legal skilled immigrants with the hope that people who played by the rules will be rewarded.
Yours Sincerely,
chisinau
10-05 01:13 AM
Maybe I am wrong , but I cannot see it on Thomas, among those which passed along with HR 1585. Check it out, and share your opinion.
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kumhyd2
09-09 04:19 PM
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unseenguy
02-13 10:51 PM
I dont deal with junks...when you are so mean to spend a penny for your parents, every one knows how much you would contributed for IV.
I never said, I won't spend a penny for parents. What I said is, and you can go back to my post, is you should not send money to your parents to "support" them when your spouse is not willing to. Now I do apologize for how I actually said, since its misinterpreted, but again, if someones parents had money requirements, then they should make it clear at the time of "arranging" the marriage, not push it under the rug after marriage. And in this situation (pushing things under the rug), if your spouse does not agree to sending large sums of money continuously, then I don't find fault with her.
And you kiddo , you are not even married. So get married, and after 6-7 years of married life, and 1-2 kids in school, tell me your perspective.
I never said, I won't spend a penny for parents. What I said is, and you can go back to my post, is you should not send money to your parents to "support" them when your spouse is not willing to. Now I do apologize for how I actually said, since its misinterpreted, but again, if someones parents had money requirements, then they should make it clear at the time of "arranging" the marriage, not push it under the rug after marriage. And in this situation (pushing things under the rug), if your spouse does not agree to sending large sums of money continuously, then I don't find fault with her.
And you kiddo , you are not even married. So get married, and after 6-7 years of married life, and 1-2 kids in school, tell me your perspective.
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CADude
07-06 01:42 PM
I am 100% agree!! Two Govt Dept has their own ego and problems. They didn't work in tandem. Now they have to face the music of AILF. :D
For sure DoS knew that something is wrong at USCIS end. Looks like they dint get along well on this one. So instead of saying that all the visa numbers has been used up, they said " all the entire 2007 numbers has been made available". Which means they know very well USCIS are still processing the cases, even after July 2nd.
Looks like, DOS trying to clean their hands and put the blame on USCIS.
This is what happened. Again my thoughts based on last fews days before the july 2nd.
USCIS was angered by DOS making it current for all categories. Every one knows there will be a minimum 100K apps flooding their gates. Imagine the revenue loss for them just bcoz of making it current b4 30th july. They expected DOS to make it current from Aug 1st instead of July 1st. Had the immigration bill passed, as promised by the GOVT., they would have stand to gain $4B in grants to secure the border. But the bill crashed on 27th of june. So what do they do to stop this loss of revenue from our application. They have to use of the entire fiscal 2007 quota in three days so that legally they can't accept more applications. Now that is legally correct. But they way they claimed all the visas within 4 days wasn't played by the rules and where the AILF stands chance to file a lawsuit against them.
Someone in the USCIS was hell bent upon forcing the DOS to make it unavailable for July. WHY ?
For sure DoS knew that something is wrong at USCIS end. Looks like they dint get along well on this one. So instead of saying that all the visa numbers has been used up, they said " all the entire 2007 numbers has been made available". Which means they know very well USCIS are still processing the cases, even after July 2nd.
Looks like, DOS trying to clean their hands and put the blame on USCIS.
This is what happened. Again my thoughts based on last fews days before the july 2nd.
USCIS was angered by DOS making it current for all categories. Every one knows there will be a minimum 100K apps flooding their gates. Imagine the revenue loss for them just bcoz of making it current b4 30th july. They expected DOS to make it current from Aug 1st instead of July 1st. Had the immigration bill passed, as promised by the GOVT., they would have stand to gain $4B in grants to secure the border. But the bill crashed on 27th of june. So what do they do to stop this loss of revenue from our application. They have to use of the entire fiscal 2007 quota in three days so that legally they can't accept more applications. Now that is legally correct. But they way they claimed all the visas within 4 days wasn't played by the rules and where the AILF stands chance to file a lawsuit against them.
Someone in the USCIS was hell bent upon forcing the DOS to make it unavailable for July. WHY ?
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Suva
07-19 02:14 PM
This is the way it is going to work
I-485 Processing would start depending on RD (Receipt Date). But at the time of approval PD should be current and if it is current then the applicant whose RD (Receipt Date) is oldest would get the approval first.
I-485 Processing would start depending on RD (Receipt Date). But at the time of approval PD should be current and if it is current then the applicant whose RD (Receipt Date) is oldest would get the approval first.
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catchupvijay
07-14 10:41 PM
Check posted.
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JunRN
08-08 11:04 PM
Did you pay using the new fee for I-140? I did.
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ps57002
09-02 12:21 PM
Thanks all.
I'm in my mid thirties now. I came as a teen, fifteen.
So I wonder....should the dream act come through....could it work in my favor too lol? I came through no choice of my own (though legally) with my parents....
And do i get a GC for beating everyone on here :)
j/k.
I'm in my mid thirties now. I came as a teen, fifteen.
So I wonder....should the dream act come through....could it work in my favor too lol? I came through no choice of my own (though legally) with my parents....
And do i get a GC for beating everyone on here :)
j/k.
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casinoroyale
03-18 10:49 AM
http://www.irs.gov/app/espc/
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mdmd10
07-24 12:52 PM
my PD Aug 2004
RD Feb 2005
eb3 india
Last fingerprint in March 2007
Can you confirm if your Priority date was earlier than Aug 2004? PD is the date you applied for your Labor Cert., not the date you got approved for your Labor Certification.
From the above you are saying that you applied for LC in Aug 2004 and it was approved by or little before Feb 2005. In Feb 2005 or say Jan 2005 you may have concurrently applied for I-140 and I-485, and hence you were already in the I-485 stage.
If this is the case, then you were pretty fortunate in getting your LC approved in only 6 months, and that too before PERM was introduced. (PERM was introduced on March 28 2005)
RD Feb 2005
eb3 india
Last fingerprint in March 2007
Can you confirm if your Priority date was earlier than Aug 2004? PD is the date you applied for your Labor Cert., not the date you got approved for your Labor Certification.
From the above you are saying that you applied for LC in Aug 2004 and it was approved by or little before Feb 2005. In Feb 2005 or say Jan 2005 you may have concurrently applied for I-140 and I-485, and hence you were already in the I-485 stage.
If this is the case, then you were pretty fortunate in getting your LC approved in only 6 months, and that too before PERM was introduced. (PERM was introduced on March 28 2005)
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gondalguru
07-11 02:11 PM
EB2 India and EB2 China will have same cut off dates. I recall reading the USCIS explanation (in one of those AILA - USCIS conference) regarding distribution of unused EB2 ROW numbers and they mentioned that they have to keep EB2 I-C same till those catagories become current.
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learning01
04-26 10:41 AM
Bkarnik:
I respect the efforts of IV and actively support them.. To kick up some dust and buzz, amongst our American collegues, TV news reporters, talking heads, professors etc., I suggested that we must write about this injustice. Taking SS Tax and Medicare tax from non -immigrants is injustice. Americans will not tolerate injustice. What we are discussing here, whether we should do something about this collectively at IV, so that our GC processes will be speeded up, as a indirect consequence. This great country should understand more the injustice is being done to us, the highly skilled immigrants
- in visa extension / stamping issues (a family has to spend 6 to 10 grand to get a visa stamping, appointments are not availabe for next 4 months etc)
- in employment (cannot take promotion, cannot easily change jobs without losing Priority Date),
- in labor clearance and
- in GC Process (visa numbers, etc)
Thanks for the links. I didn't read them as I don't have to. I had indeed done research on the visa stamping issue. I am not ignorant, but I take your words as compliment.
You must understand employment visas, like H1B are non-immigrant visas. That alone should make Uncle Sam stop collecting SS Tax and Medicare. If any trial lawyer does a class action law suit or what we call a Public Interest Litigation, the US government should be in lot trouble. Because no one is questioning, they are passing on. I was also told by a SWA high official, that there is a provision, that you can opt out of deduction of SS Tax and Medicare, if you are on H1.
I want to focus on core IV goals. I will not post any further on this SS Tax issue. But, my last word is: dual intent is dangerous and applicants will be denied visa and entry into US. So, readers be careful. You have a non-immigrant visa.
From US Embassy in Canada for visa stamping requirements:
WILL I QUALIFY FOR A VISA?
In order to qualify for most categories of U.S. non-immigrant visas, you must be able to demonstrate to a U.S. Consular Officer that you have a permanent residence outside the United States that you do not intend to abandon. You may satisfy this requirement by showing you have strong economic and social ties to your country of residence. "Ties" are factors that would require you to return to your country of residence, upon completion of your temporary visit to the United States.
LIN: US Embassay Canada. GOV (http://www.usembassycanada.gov/content/travel/halifax_OF-156.pdf)
I respect the efforts of IV and actively support them.. To kick up some dust and buzz, amongst our American collegues, TV news reporters, talking heads, professors etc., I suggested that we must write about this injustice. Taking SS Tax and Medicare tax from non -immigrants is injustice. Americans will not tolerate injustice. What we are discussing here, whether we should do something about this collectively at IV, so that our GC processes will be speeded up, as a indirect consequence. This great country should understand more the injustice is being done to us, the highly skilled immigrants
- in visa extension / stamping issues (a family has to spend 6 to 10 grand to get a visa stamping, appointments are not availabe for next 4 months etc)
- in employment (cannot take promotion, cannot easily change jobs without losing Priority Date),
- in labor clearance and
- in GC Process (visa numbers, etc)
Thanks for the links. I didn't read them as I don't have to. I had indeed done research on the visa stamping issue. I am not ignorant, but I take your words as compliment.
You must understand employment visas, like H1B are non-immigrant visas. That alone should make Uncle Sam stop collecting SS Tax and Medicare. If any trial lawyer does a class action law suit or what we call a Public Interest Litigation, the US government should be in lot trouble. Because no one is questioning, they are passing on. I was also told by a SWA high official, that there is a provision, that you can opt out of deduction of SS Tax and Medicare, if you are on H1.
I want to focus on core IV goals. I will not post any further on this SS Tax issue. But, my last word is: dual intent is dangerous and applicants will be denied visa and entry into US. So, readers be careful. You have a non-immigrant visa.
From US Embassy in Canada for visa stamping requirements:
WILL I QUALIFY FOR A VISA?
In order to qualify for most categories of U.S. non-immigrant visas, you must be able to demonstrate to a U.S. Consular Officer that you have a permanent residence outside the United States that you do not intend to abandon. You may satisfy this requirement by showing you have strong economic and social ties to your country of residence. "Ties" are factors that would require you to return to your country of residence, upon completion of your temporary visit to the United States.
LIN: US Embassay Canada. GOV (http://www.usembassycanada.gov/content/travel/halifax_OF-156.pdf)
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pappu
08-08 10:20 AM
Everyone,
I have recieved only one op-ed from yabadaba . Several people had promised. This is a reminder to everyone and anyone new on this forum.
For those who want to know what an op-ed is pls visit
http://en.wikipedia.org/wiki/Op-Ed
en.wikipedia.org/wiki/Op-Ed
thanks
I have recieved only one op-ed from yabadaba . Several people had promised. This is a reminder to everyone and anyone new on this forum.
For those who want to know what an op-ed is pls visit
http://en.wikipedia.org/wiki/Op-Ed
en.wikipedia.org/wiki/Op-Ed
thanks
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newbie2020
05-02 11:00 AM
Do we also need to contact the Senate Judiciary committee for any of these bills yet
http://judiciary.senate.gov/subcommittees/110/immigration110.cfm
http://judiciary.senate.gov/subcommittees/110/immigration110.cfm
nk2006
10-17 02:47 PM
Hi,
I know you said Email is ok. Just trying to confirm.( because it's easy to send )
Thanks
Yes email is fine. If you can please also mail the physical letter - not sure which form of mail gets more preference at USCIS.
Thank you.
I know you said Email is ok. Just trying to confirm.( because it's easy to send )
Thanks
Yes email is fine. If you can please also mail the physical letter - not sure which form of mail gets more preference at USCIS.
Thank you.
Macaca
10-01 03:27 PM
Worldwide Limits
(a) FS Preference Limitation:
The overall ceiling for relatives is 480,000, from which the previous year's total of immediate relatives and other family classes which are exempt from the numerical ceiling are deducted to determine the level of family-based preference immigration. Although the difference could be greater or less than 226,000, that figure is established as a minimum for the FS preference immigrant limitation.
Specifically, if such family-related numerically-exempt immigrants and parolees are fewer than 254,000, the family-sponsored preferences will be entitled to more than 226,000 in the following fiscal year. On the other hand, if such family-related numerically-exempt immigrants and parolees exceed 254,000, the FS preferences are still provided at least 226,000 numbers by virtue of the minimum annual limit assured by Sec. 201(c).
So # legal immigrants/year = 480K (FS) + 140K (EB) + 50K (diversity) + Refugee + Asylum + ... = 670K + ... ~= 1M (reported in articles)
(a) FS Preference Limitation:
The overall ceiling for relatives is 480,000, from which the previous year's total of immediate relatives and other family classes which are exempt from the numerical ceiling are deducted to determine the level of family-based preference immigration. Although the difference could be greater or less than 226,000, that figure is established as a minimum for the FS preference immigrant limitation.
Specifically, if such family-related numerically-exempt immigrants and parolees are fewer than 254,000, the family-sponsored preferences will be entitled to more than 226,000 in the following fiscal year. On the other hand, if such family-related numerically-exempt immigrants and parolees exceed 254,000, the FS preferences are still provided at least 226,000 numbers by virtue of the minimum annual limit assured by Sec. 201(c).
So # legal immigrants/year = 480K (FS) + 140K (EB) + 50K (diversity) + Refugee + Asylum + ... = 670K + ... ~= 1M (reported in articles)
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