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  • stillhopefull
    08-27 04:42 PM
    not sure if it is too late, but I just sent to Sen. Warner and Sen. Webb of Virginia.

    Thanks!





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  • Junky
    11-17 11:32 AM
    Look like some blood sucking A$$H0l* desi employer gave me red with the comment "Screw You".
    I am glad my posting did work.

    Parasite/Desi Employer: An organism that lives in or on and takes its nourishment from another organism. A parasite/Desi Employer cannot live independently.





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  • msp1976
    03-03 08:29 PM
    Legal Immigrants in Limbo

    It is that time of the year again. Immigration reform is in the air. Recently, there were raids on many businesses and the resulting arrests were given wide publicity. The Bush administration is showing its zeal to pursue the 'illegal immigrants' and 'Undocumented workers' and enforce the immigration laws. The pro-immigration and anti-immigration organizations are ratcheting up their activities. One of the common refrains of the anti-immigration groups is 'If they want to come to this country, let them come legally'. So let us examine what the people trying to immigrate legally face.

    A significant number of the high skilled immigrants who immigrate to the United States are categorized by the existing immigration law as 'Employment Based' immigrants. We would refer to this as the EB immigration in this article. The EB immigrants constituted almost 22% of the total immigrants to United States in year 2005. The EB immigration process consists of four steps. There might be minor variations but the time periods for the processing described in this article remain very close to reality.
    1. Labor Certification - The US Department of Labor (DOL) administers this program. This process takes anywhere from 3 to 5 years. There are people in this queue who had applied for certification in 2001. Now imagine waiting that long for the first step. However, to its credit, the DOL has implemented a new program which has significantly reduced the time required for this process to less than 6 months. However, this program is beneficial to only those applicants who filed after December 2005.
    2. Immigrant Visa application - After obtaining the Labor Certification, the employer petitions the USCIS for approving the certified immigrant for permanent residency. This process can take anywhere between 1 to 10 months.
    3. Adjustment of Status - If a immigrant visa is available, (and there are only 140,000 that are available each year, with a cap of 7% of these per country) the USCIS then allows the immigrant to file for adjustment of status and if approved, formally grants permanent resident status more commonly referred to as the Green Card. It is during this stage that the immigrant is subjected to background checks by the FBI and medical checks by USCIS approved physicians. Currently, the FBI background checks are taking anywhere from 8 months to a whopping two years. Also, immigrants from countries like India and China which are the main source of high skilled immigrants find themselves unable to even file for the adjustment of status because of unavailability of visa numbers. Given the current scenario, it is unknown how long it will take for these immigrants to be able to file for adjustment of status, but it is very likely to exceed 4 to 5 years
    4. Citizenship – Five years after the Green Card is approved, the immigrant may apply for citizenship to the USCIS. At this stage, he has to undergo an additional background check, take a citizenship test before being eligible for approval.

    As can be seen from the description above, the whole process can take 5 to 10 years just to obtain the Green Card and an additional 5 years after that to obtain citizenship. There are people waiting to be sure of their status for even more than that. Given the uncertainty and lack of action from Congress to address the backlogs, some of the EB legal immigration applicants have come together and formed the organization http://immigrationvoice.org/. The goals include reduced waiting time for green card applications for EB immigrations, increased numbers for employment based green cards and ability to get certain benefits if the visa numbers are unavailable.

    Let me make clear what this wait entails. When you are working on a work permit like H-1B, your employer sponsors you for a particular position in the future as a part of the EB immigration process. What that means in reality is that your employer cannot promote you even if you are capable and the employer is willing. In the convoluted logic of EB immigration, if you get a promotion you have to start from step 1 again. That means you are back at the end of the 5 to 10 year queue. Also, spouses of the applicants are not allowed to work even if they are qualified until the primary applicant can file for adjustment of status. Now keep trying to explain to your spouse to keep his/her career on hold for 10 years. The net result of these impediments is that a large number of these people prefer going back to their countries of origin or other countries that offer easier and faster ways to obtain permanent residency and citizenship. That is a big loss to this country.

    And this is just for high-skilled and skilled workers, so our question and challenge to the anti-immigration lobby is ‘Are you willing to put your money where your mouth is and pressure Congress to pass a Comprehensive Immigration Reform to ensure that people can immigrate to the United States legally in a reasonable amount of time?’

    United States is undergoing an unprecedented change in demographic situation. The Baby boomer generation consists of 77 million citizens born in the years 1946 to 1964. The leading edge of this generation is entering their 60s in 2006 and a large number of the baby boomers would start retiring soon. This is a double whammy to the US economy. Even now, the employers ranging from small businesses in the north-east to big corporations like Microsoft are facing serious labor shortages. When a large chunk of US labor force starts retiring every year, businesses are going to be even more hard pressed to find suitable workers. At the same time, the demands for social services from this large retiree population would keep growing. The US economy would find it harder and harder to support an ever larger population in need of Social services support. Unless something is done to deal with the coming labor crunch, United States is facing a huge economic and social services meltdown. The businesses would either fold in face of global competition or go where they can find labor that would allow them to be competitive leading to additional job cuts in the US. The immigration policy this country adopts would determine the future of this country. The only solution to deal with the labor crunch is to allow more employment based immigration.

    As mentioned earlier, the total number of Employment based immigrants allowed per year by current law is 140,000 and it also includes the dependents of these immigrants. This limit was established in the early 90s when population of United States was smaller and a lot younger. This number has to undergo a sharp upward revision to account for the coming demographic challenge this country is facing.

    The current immigration law has rules that prohibit immigration from any country in excess of 7% of the overall immigration. As far as employment based immigration is concerned, this limit is of 7% is illogical. Skills are not evenly distributed in the world and companies do not hire people based on the country they come from but for the skill set they possess to get the job done. As president Bush aptly described "It makes no sense to say to a young scientist from India, you can't come to America to help this company develop technologies that help us deal with our problems". This cap of 7% has caused the applicants from large countries like China and India to wait for years on end. As we all know, these countries are undergoing rapid growth. If the United States does not make an effort to retain this valuable human capital, those countries are going to benefit at United States’ cost.

    Every year, thousands of students from various countries come to the United States to pursue higher education. In a fairly large number of cases, the universities and various endowments provide financial aid to these students. It would make sense for United States to make an effort to retain this talent that has been educated in a large number of cases by the American taxpayers. It is a reality that the talent is sorely needed. Abolishing the country limits on the employment based immigration would make it easier to retain this talent and help ease the skilled labor crunch.

    The USCIS has serious issues in dealing with the magnitude of immigration benefits processing expected of the service. The Bush administration has made some not entirely successful attempts to improve the workings of the troubled federal agency. The United States does not become safer if an immigration benefits application sits entangled in a bureaucratic nightmare for years on end. The USCIS should be mandated to process all existing backlogs in a reasonable time frame and provided the resources and leadership to accomplish this goal.

    In the cacophony of anti-illegal immigration rhetoric, no one seems to be paying attention to the plight of the legal immigration applicants waiting for years for their applications to get processed. The United States is supposed to be the land of opportunity. The Congress should make an effort to ease the hardships of the people who have followed the law and are trying to immigrate legally so that these deserving immigrants also get a chance to pursue their American Dreams.





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  • rpeter
    10-05 02:08 PM
    I just sent an email to WSJ telling them to correct their misrepresentation.



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  • mack
    02-28 10:51 PM
    Here is the first cut at story on 'Issues with GC + Retrogression 101' for media & public. Here goes:

    Why there is no green light on green cards?
    - By Vijay Reddiar


    There have been lots of discussion and spotlights on H1-B issues in the past. One of the least heard, but the most pressing issue that continues to plague day-to-day lives of thousands of high-skilled legal immigrant workers in the US is Retrogression causing deep anxiety, frustration and considerable delay in processing and approving of permanent residency, also called Green Card.

    For employment-based green cards, every country has a fixed number of immigrant visas or quota on a per-year basis. When I-485 adjudication or adjustment of status from non-immigrant to immigrant status (example H1-B to Permanent Resident) successfully concludes, it leads to approval of green card. This approval requires a visa number to be available. But, if the visa quota for a country has been used up, visa numbers become unavailable for that country. This unavailability of visa number is the effect of retrogression, wherein, the US Department of State, based on the current demand for the visas decides allocation of how many visa numbers can be released to meet the demand and be in conformance with the pre-set quota.

    Employers file for green cards for skilled professionals to obtain a legal immigrant status for future employment. Skilled professionals who have green card processing pending typically wait for their green cards to be approved for an average period of 5 years. During this period, they have very limited, if any, freedom to exercise choice with changing jobs, or getting a raise or promotions, being with the same job, title, position and employer with no way out until it gets approved. The only way out would be to risk losing your green card or having to start all over again. Family members of such skilled professionals share the pain as well. Spouses who would like to obtain jobs and attain financial freedom do not have the legal rights to work until they at the least have an employment authorization. Children of such professionals who apply for college cannot benefit from federal government loans, but instead need their parents to seek private loans. Becoming a legal immigrant has become an increasingly challenging and frustrating experience as has been noted by the experiences of each individual of this community. Unless a legislative reform is made, green cards are not only going to be tough, but also seemingly impossible to materialize.

    Immigration Voice, a non-profit organization in the US, founded in Nov 2005 has begun grassroots level effort to alleviate the untold sufferings of high skilled professionals and has been working actively through volunteer members of the organization, that has grown to 9,000+ members in just more than a year. Immigration Voice recently hired Patton Boggs, a top public affairs firm for lobbying efforts towards the immigration goals of the high skilled worker community. Immigration Voice is now heavily engaged pursuing CIR or the Comprehensive Immigration Reform which will be introduced in the Senate in early March 2007 and then proceed to the House before it will be signed by the President to be enacted. This may very well be the ray of hope for the thousands of immigrants stranded on the not-so-green-now land of green cards.

    For more information on Immigration Voice, please visit – www.immigrationvoice.org





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  • ps57002
    09-23 01:11 PM
    it's working now...the link



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  • newuser
    05-07 09:42 AM
    Count me in. Did attend the 2007 rally.

    Any one from Philly area for a car pool?





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  • ivslave
    09-11 09:30 PM
    make the jump....



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  • arihant
    02-24 01:11 PM
    contributed again.

    Keep up the good work.





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  • belmontboy
    04-21 02:29 PM
    I heard famous indian crab stroy....are you that crab.

    Please be positive. Please support our request.

    US is a great country. Always value human values more than any other country.

    I love US. That is why i am here.

    Whoa, the same old crab story is back.

    You sound like someone who knows the proceedings here very well.
    New members wouldnot know the crab story

    Did you create a new ID for having fun??



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  • rimzhim
    02-07 01:56 PM
    i would really discourage ppl who are not insiders of nebraska uscis or whatever to scare ppl from filing eb2 or converting to eb2 from eb3. how do you know what nebraska is doing?
    did not mean to discourage, just be prepared because after the 140 is rejected, you have to start all over again and you lose time in the process. BTW, ask any lawyer, and you will hear the same about Nebraska.

    also if you have an MS and are eb-3, by all means transfer to EB-2 with a high rate of success --- again accding to my lawyer.





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  • mariner5555
    05-13 02:56 PM
    Based on what?

    EB1 is more qualified than other categories and is seen as someone who is in a better position to contribute to the national welfare of the country. EB3 is the least qualified of the three and is also the most likely candidate to displace an American.

    And you think America should throttle the flow on qualified EB1 and be more generous with EB3?

    EB2 is different however. Most EB2 are people who were EB3 earlier (like myself). For such people, there is a provision to upgrade to EB2 through interfiling - as option that is being heavily used even as we speak. So where is the problem? I am talking about a person (like 485mbe - the one who has posted next to yr post) who has a PD of 2001 ..I am not saying that they should give Eb2's quota to EB3 ..but they should try to pull the category that is worst affected..or atleast give EB3 something ..
    my question to you is ..say in the year 2010, would u support a situation where all categories are current or at 1 year difference ...while a particular category (eb3 I in this case) is at 2001 ??.. even if you do ..my feeling is that USCIS will try to pull EB3 - I (if something like above happens)..but then they are just a govt agency ..and in the end they are similar to govt agency in India ..only difference is that maybe little better
    can I force them to do something just --No. can I pray for it -- maybe ..should I be ready for it (i.e. Eb3 - still in 2001 - 2002) - definitely !!
    actually Eb3 - I should try and see something positive from this (I know it is difficult) ..maybe this long queue may motivate them to work harder or to get additional certifications (as I do ..) ...also, in my case, this delay in GC ..prevented me from buying a house when the prices were at peak ..(there is no doubt ..that had I got GC in 2006 ,..then I would have rushed to buy a house at inflated prices --far away from the city)



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  • ksrk
    10-07 01:52 PM
    USCIS has specified that they would have processed all the records into a single database by 29th October.

    Does this not mean that there could be a forward movement in the Nov bullietin ?

    Based on this (although not sure where USCIS posted this date), the DOS wouldn't be able to use that data till the end of October (at the earliest) or early November (likely). Meaning that the December bulletin (issued ~mid-Nov) might be the one to watch for any movement (forward or backward).





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  • snathan
    04-21 02:50 PM
    Yes. a law will be good.

    On a serious note...before talking about a law, research a little about the immigraiton system and the difficulties.



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  • gcwanter
    06-28 01:57 PM
    I live in Tx..If I file today...would it help if it reaches tommorrow....for PP-I140??...Where is tjhe form for applying PP-I-140...somebody plz answer....

    I907 is the form for PP





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  • mallu
    06-21 08:24 PM
    Those of you who are now thinking that being able to file 485 will give you freedom - just read through the list to see how many 485 filers (mainly Indians and Chinese) are stuck in the name check russian roullette.

    http://www.petitiononline.com/mod_perl/signed.cgi?nc082505


    This is one of the biggest bottleneck to 485 and naturalization processing. Most would think it would catch moslems - in reality it catches anyone in "hi-tech" and more often than not Indians, Chinese and Russians. And ofcourse Koreans too. One of the person's stuck in name check commented on the above link - if the FBI knew that a fifth of the nation shares the last name Kim! I guess the same would go for Wu, Yu, Zhou, Singh, Kumar etc.

    Different problems at different stages in the path to GC !



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  • SKR07
    04-21 01:43 PM
    If you stay 6 months everytime and stay shorter durations in home country, then it might create problem at POE.





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  • nikh
    10-24 03:47 PM
    july 2nd filer

    http://www..com/discuss/485eb/63774255/





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  • gc_on_demand
    06-12 12:23 PM
    Outlook is very very grim without a bill from what I understand. EB3 India is going to be in a hole and EB3 PDs that are 2006 and later have a really long wait time ahead that they are not imagining. We are all hopeful by nature and look forward to visa bulletins with a positive attitude but such PD folks may be disappointed month after month for several years. For EB2 India it is important to know number of ported cases. EB3ROW folks also need to worry now. Their journey may not be that smooth due to spillover rules and high demand. We need to get data via FOIA to make a better guesstimate. Without such data we will hear various theories, predictions and interpretations from various websites and blogs that may not be always true.

    As I remember our FOIA can take as long as 2 years to get processes. Now that they have preadjusted almost all cases ( Means they have all required information on hand for all pending EB based AOS , can IV push USCIS to work on our FOIA ? ) FOIA result can help us lot to convince lawmakers when CIR time will in sep - oct.





    hpandey
    06-03 09:59 AM
    For all those who commented in negative.
    1. Its posted in Interesting topics section. GC, E2/E3 predictions,H1B extension etc is not the only thing left in life.
    2. Spelling is a logical/creative thing. Its not cramming words from dictionary. Its an art too. Ever heard of phonetics.

    have a nice day.

    Are you quite sure it is a logical creative thing ? There are a lot of words which are pronounced quite differently from the way they are spelled ... unless you know the word ( by cramming ) you would not be able to spell it.

    Your point 1 has nothing to do with this topic. Was it ever said that GC is the only thing in life by anyone ?

    Obviously this is hard work but to what end. How is knowing the spelling of every word in the planet going to help her or anyone for that matter.

    Better be a good writer who writes on interesting topics , stories or novels than to be the proof reader for the writer. Who do you think would have a good career - the writer or the proof reader.

    Learning how to spell would have taken thousands and thousands of hours . Wouldn't that time be better spent in learning maths or science or arts or a musical instrument or sports or anything that will help her in the future or be personally gratifying for life. I am not sure she will remember half the words 10 years from now just like a engineer doing java programming for 10-15 years would practically remember nothing he learned in college.





    Edison99
    09-14 01:04 PM
    Gravitation: you are the man, belated congrats...



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