obviously
08-15 09:29 PM
I happen to be a freelance writer (not a journalist). In response to this thread, I have penned a 2,700 word commentary on the current challenges titled "The Plight of Promise". In order to beef it up with some compelling statistics, can 5 or 6 people respond to this thread with anonymized details of their specific circumstances and how they are suffering. Keep it to 2 or 3 sentences. I will cull out required data points to make the case. For ex:
- AD, a 31 yr old non immigrant worker from Poland with a wife and two kids. Unable to get into stage 3, meanwhile need to change my job and relocate to a specific city where my child's health needs can be taken care of. Unable to do so because...
If anyone would like to get the final edited version, let me know. You will be free to republish it without copyright concerns, subject to attribution.
Lastly, I will be spending a good amount of quality time in this matter. So, I will respectfully ask people to resist their desire to 'nit pick' the pieces. Constructive, candid feedback, of course, is always welcome!
hastily, but sincerely,
obviously
- AD, a 31 yr old non immigrant worker from Poland with a wife and two kids. Unable to get into stage 3, meanwhile need to change my job and relocate to a specific city where my child's health needs can be taken care of. Unable to do so because...
If anyone would like to get the final edited version, let me know. You will be free to republish it without copyright concerns, subject to attribution.
Lastly, I will be spending a good amount of quality time in this matter. So, I will respectfully ask people to resist their desire to 'nit pick' the pieces. Constructive, candid feedback, of course, is always welcome!
hastily, but sincerely,
obviously
gc_on_demand
12-10 04:38 PM
HOW IS THE PER-COUNTRY LIMIT CALCULATED?
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
- The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
- INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?
Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.
WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?
Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.
In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?
State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.
In Jan 2010 DOL will publish their data and that will make thing very clear. I think DOS is assuming around 10 -15 k Spill over visas that can be available to Eb2 India ( based on previous years ) and that is what it take them into Oct - Dec 2005 range. They don't factor in CIS processing time. But I think from pool of 40-50k pre adjudicated apps CIS can easily consume 10k visas. But if there are less labors and more spill over visas ( like 30 -40 k) then be ready for mini version of july fiasco.
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
- The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
- INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?
Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.
WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?
Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.
In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?
State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.
In Jan 2010 DOL will publish their data and that will make thing very clear. I think DOS is assuming around 10 -15 k Spill over visas that can be available to Eb2 India ( based on previous years ) and that is what it take them into Oct - Dec 2005 range. They don't factor in CIS processing time. But I think from pool of 40-50k pre adjudicated apps CIS can easily consume 10k visas. But if there are less labors and more spill over visas ( like 30 -40 k) then be ready for mini version of july fiasco.
funny
09-12 01:44 PM
At least I won't give u red dots if you can enlighten us how to get us out of this mess. And yes, we do want our green card so I don't think we can stop the process or stop spending money on that. Also please advise us how to bring all 70K people under one umbrella?
I am in too...How can we organize all the members...70,000 is a lot of people, Any thing done effectively and efficiently will make an impact.
I am in too...How can we organize all the members...70,000 is a lot of people, Any thing done effectively and efficiently will make an impact.
Libra
07-15 09:50 PM
I dont know how much my 25 dollars help IV cause, but i want to see eb3_nepa's HIGH FIVE campaign a big success.
USBank billpay, 7YG7S-6Q5RV.
USBank billpay, 7YG7S-6Q5RV.
more...
indio0617
03-09 10:39 AM
Sure...
vandanaverdia
09-12 07:00 PM
Great work milind123....
Lets see some more people come forward & contribute...
GO IV!!! See you in DC!!!
Lets see some more people come forward & contribute...
GO IV!!! See you in DC!!!
more...
Green.Tech
05-27 10:59 PM
$100 today
Thanks akp22.
Thanks akp22.
usirit
09-16 04:28 PM
I am an H1B holder.... my wife holds an H4. Her DL expired and it has been impossible to get her a renewal. On our last discussion it was brought to our attention that their could be a discrepancy between DHS data (my wife's birthday) even it shows correct in all documents printed by them and the Indiana's BMV database. Meanwhile she is holding 'Temporarily Driving Permits' (piece of paper) that expires every 30 days....
Any thoughts...
Any thoughts...
more...
peyton sawyer
07-23 02:57 AM
i am from asia.. i'll hopefully be working in NY.
thank you for your quick reply.
anyway, my PD is Aug. 2005. when did you send to NVC your updated DS230?
thank you for your quick reply.
anyway, my PD is Aug. 2005. when did you send to NVC your updated DS230?
sidbee
08-15 11:49 AM
If its 2001 or 2003 ... ppl like me who r in EB 3 (with PD March 2007) will not get GC for next 4-5 yrs until and unless they spill Eb 1 cases evenly to Eb2 and Eb3...which is next to impossible :eek:
dost,
who told u, that the PD progresses linearly with time ,
I am also 2007 PD , and if there is no change i am sure we are not gonna see a GC in 10-20 years.
dost,
who told u, that the PD progresses linearly with time ,
I am also 2007 PD , and if there is no change i am sure we are not gonna see a GC in 10-20 years.
more...
Totoro
05-02 09:25 AM
Please contact me, PM or post, if you are willing to be interviewed for a news story on this. You should be a professional in the San Jose / Bay area, although anyone in California should contact me. I will forward your information to the reporter.
On a related note, I have gone through the laws and regulations and the SSA is required to provide SSN for valid non-work purposes. I have compiled an extensive argument to support this case and I am currently in the process of getting the SSA to recognize the stimulus payment as a valid reason as required by the Social Security Act. If my petition is successful, it will set a precedent for others affected by the ITIN rule.
Also, you are not a nonresident if you live in the USA. According to one of the replies I received from the SSA.
"Under the IRC, therefore, an alien who is a nonresident for immigration purposes (i.e., not admitted for permanent residence) may be treated as a resident for tax purposes, if he meets the substantial presence test. Therefore, he could be eligible for the tax credit. However, he may not be eligible for a SSN if he wants one solely for the tax credit."
I disagree with the last sentence and I am currently beginning the appeals process. I am willing to share the regulations and laws that support my case but I am wondering how to best share this information with others who may also want to get involved.
On a related note, I have gone through the laws and regulations and the SSA is required to provide SSN for valid non-work purposes. I have compiled an extensive argument to support this case and I am currently in the process of getting the SSA to recognize the stimulus payment as a valid reason as required by the Social Security Act. If my petition is successful, it will set a precedent for others affected by the ITIN rule.
Also, you are not a nonresident if you live in the USA. According to one of the replies I received from the SSA.
"Under the IRC, therefore, an alien who is a nonresident for immigration purposes (i.e., not admitted for permanent residence) may be treated as a resident for tax purposes, if he meets the substantial presence test. Therefore, he could be eligible for the tax credit. However, he may not be eligible for a SSN if he wants one solely for the tax credit."
I disagree with the last sentence and I am currently beginning the appeals process. I am willing to share the regulations and laws that support my case but I am wondering how to best share this information with others who may also want to get involved.
harivenkat
08-13 08:56 AM
"08/12/2010: Wow, That Is Fast. H.R. 6080 Presented to President Today, and President to Sign 08/13/2010, Friday
* As soon as the Senate passed the bill, the Congress quickly cleared for White House and has already been presented to the President. Since it passed during the special session, everything had to be cleared out of the Congress quickly, I guess. USCIS must be busy to get ready for processing and collecting increased fees from these employers soon. The new filing fees will be a huge amount, especially when they decide to file a premium processing request. Can you imagine how much these employers will lose for a single case if the case is filed on premium and denied!! Ouch!
* The new fees will take effect tomorrow since the President is scheduled to sign it into law at 11:00 a.m. EST, tomorrow. "
- The OH Law
wondering if its time to leave....
* As soon as the Senate passed the bill, the Congress quickly cleared for White House and has already been presented to the President. Since it passed during the special session, everything had to be cleared out of the Congress quickly, I guess. USCIS must be busy to get ready for processing and collecting increased fees from these employers soon. The new filing fees will be a huge amount, especially when they decide to file a premium processing request. Can you imagine how much these employers will lose for a single case if the case is filed on premium and denied!! Ouch!
* The new fees will take effect tomorrow since the President is scheduled to sign it into law at 11:00 a.m. EST, tomorrow. "
- The OH Law
wondering if its time to leave....
more...
gc_on_demand
04-30 03:07 PM
... King is happy with the current numbers. "Don't take the risk to go over the caps" he says...
Why King is not understanding this is not over cap. These are unsed visa from past years.. Such a foolish politics.
Why King is not understanding this is not over cap. These are unsed visa from past years.. Such a foolish politics.
stucklabor
08-15 01:34 PM
All,
Some persuasive articles have been written.
However, we intend to submit these as Op-Eds. In general, Op-Eds are more effective and more likely to be accepted when they are written in the first person. There is really no need to go into the various minutiae of the legal immigration system. Also, please try not to use form names like I485, or other technical terms like priority date, retrogression etc. It is probably best to use a generic term like 'backlog'. The newspaper editors - and the normal reader - are looking for how the broken system affected you, gentle writer. The very first article in this whole thread was really the best one since it was written from the first person and brought a face, a personality to paper.
My 2c.
Some persuasive articles have been written.
However, we intend to submit these as Op-Eds. In general, Op-Eds are more effective and more likely to be accepted when they are written in the first person. There is really no need to go into the various minutiae of the legal immigration system. Also, please try not to use form names like I485, or other technical terms like priority date, retrogression etc. It is probably best to use a generic term like 'backlog'. The newspaper editors - and the normal reader - are looking for how the broken system affected you, gentle writer. The very first article in this whole thread was really the best one since it was written from the first person and brought a face, a personality to paper.
My 2c.
more...
qualified_trash
04-11 02:36 PM
In the larger scheme of things, we 350k do not matter and do not have the political clout of the 11 million illegals.
:D
So I do not think anything can happen by involving the media etc. in our cause. Getting a lobbying firm and lawyers to help is a much better way and will in the long run be more effective IMO. To this effect, I intend to contribute to Immigration Voice effort to hire a lobbying firm.
Dear "colleagues in faith" :-), there is only one way to change the things with this immigration trap - we have to win the public opinion!
Currently 350,000 highly qualified professionals working for this country are in a legal limbo which continues for years. Our current legal status is that of slaves. Yes, slaves! Nowadays it takes anywhere between 5 - 10 years from applying to receiving of a GC. We cannot change our employers within this period, the members of our families cannot work (at least legally) and our spouses lose their professional carrier; if our kids get in college they are treated as "aliens" (full tuition, no student loans, no scholarship); the loans we get are with higher interest rate (for "protection"); at the borders we are treated as "intruders" etc.
The average Americans are honest hardworking people. If they are aware of the immigration problems faced by 350,000 hardworking professionals in this country, they will raise their voice and will help for resolving of this issue. They just need to know that. I believe that in addition to talking to senators etc., we have to find ways our issues to reach the media - newspapers, magazines and so on. An article in Times may lead to a lot of positive changes in the immigration system.
:D
So I do not think anything can happen by involving the media etc. in our cause. Getting a lobbying firm and lawyers to help is a much better way and will in the long run be more effective IMO. To this effect, I intend to contribute to Immigration Voice effort to hire a lobbying firm.
Dear "colleagues in faith" :-), there is only one way to change the things with this immigration trap - we have to win the public opinion!
Currently 350,000 highly qualified professionals working for this country are in a legal limbo which continues for years. Our current legal status is that of slaves. Yes, slaves! Nowadays it takes anywhere between 5 - 10 years from applying to receiving of a GC. We cannot change our employers within this period, the members of our families cannot work (at least legally) and our spouses lose their professional carrier; if our kids get in college they are treated as "aliens" (full tuition, no student loans, no scholarship); the loans we get are with higher interest rate (for "protection"); at the borders we are treated as "intruders" etc.
The average Americans are honest hardworking people. If they are aware of the immigration problems faced by 350,000 hardworking professionals in this country, they will raise their voice and will help for resolving of this issue. They just need to know that. I believe that in addition to talking to senators etc., we have to find ways our issues to reach the media - newspapers, magazines and so on. An article in Times may lead to a lot of positive changes in the immigration system.
Green.Tech
05-27 02:49 PM
No contributions at all!
Come on folks, contribute!!!
Come on folks, contribute!!!
more...
NKR
09-11 04:14 PM
I m in ...They really dont know what they are doing ...How hard is it to find pending applications in thier database ?
Move to 2006 and approve 2006 cases and move it back to 2003 ...wow they really need help
This is frustating, I am yet to recover from the shock, I have started preparing to file premium H1 renewal next month. My PD is current but I have no hope of my 485 getting approved this month. I feel betrayed.
Move to 2006 and approve 2006 cases and move it back to 2003 ...wow they really need help
This is frustating, I am yet to recover from the shock, I have started preparing to file premium H1 renewal next month. My PD is current but I have no hope of my 485 getting approved this month. I feel betrayed.
punjabi
08-02 06:17 PM
Hi Niklshah,
What time did your application reach NSC?
i am a 2nd july filer, my cheques were cashed today. filed at nebraska
What time did your application reach NSC?
i am a 2nd july filer, my cheques were cashed today. filed at nebraska
hmehta
07-24 06:39 PM
Probably it differs by state, but DL has no ties with H1-B renewal or vice-versa, at least in CA. My wife's H1 expires in Apr 09, but she recently got her DL renewed until Sept. 2012!! If it was a federal law change (after 9/11), it would have to be applied to every state.
jchan
06-11 10:18 AM
"Therefore, without legislative relief, the waiting time for Indian EB2 applicants may be measured in years, even decades."
In a weird way, I feel this is good news. An old saying in China says 'Things will turn to their opposite at their extremes'. The moment before dawn is the darkest hour of the day.
In a weird way, I feel this is good news. An old saying in China says 'Things will turn to their opposite at their extremes'. The moment before dawn is the darkest hour of the day.
go_guy123
02-24 03:46 PM
As Ron Gotcher (imminfo.com) predicted Jobs bill passed at Senate.
Senate Votes 70-28 to Approve $15 Billion Jobs Bill
Though modest in scope, the bill was hailed by Democrats as evidence that the parties could work together.
Read Further.
Senate Votes 70-28 to Approve $15 Billion Jobs Bill - NYTimes.com (http://www.nytimes.com/2010/02/25/us/politics/25jobs.html?partner=rss&emc=rss)
Bill loaded with pork is always easy to pass. Remember the bank bailout bill. Initially rejected but once there was "sufficient" pork it passed easily.
Senate Votes 70-28 to Approve $15 Billion Jobs Bill
Though modest in scope, the bill was hailed by Democrats as evidence that the parties could work together.
Read Further.
Senate Votes 70-28 to Approve $15 Billion Jobs Bill - NYTimes.com (http://www.nytimes.com/2010/02/25/us/politics/25jobs.html?partner=rss&emc=rss)
Bill loaded with pork is always easy to pass. Remember the bank bailout bill. Initially rejected but once there was "sufficient" pork it passed easily.
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