Lasantha
12-14 03:45 PM
Good summary but let me also add the observation that eliminating the per country quota alone will not bring the desired benefit unless the following are also implemneted
1) Increase of the total EB quota
2) Exclude dependents from the quota
3) Re-capture unused visas from past years.
To summarize the discussions on this thread:
Yes, it is 7 % for all countries.
Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.
The real question, as raised in the first post of the thread by soljabhai is:
(A) Is that constitutional?
(B) (And this is the real question): If it is, what should we do about it?
Intelligent questions, both.
The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
For (B), (which is what the thread is really all about), there are lively discussions with differing views.
lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).
Anyway, agree or disagree, its an interesting thread with interesting posts..
1) Increase of the total EB quota
2) Exclude dependents from the quota
3) Re-capture unused visas from past years.
To summarize the discussions on this thread:
Yes, it is 7 % for all countries.
Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.
The real question, as raised in the first post of the thread by soljabhai is:
(A) Is that constitutional?
(B) (And this is the real question): If it is, what should we do about it?
Intelligent questions, both.
The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
For (B), (which is what the thread is really all about), there are lively discussions with differing views.
lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).
Anyway, agree or disagree, its an interesting thread with interesting posts..
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samay
07-21 08:28 PM
Dear Attorney,
I am from India and working as a Software Programmer / Analyst in a decent company and I am using AC21 with this company...and my Green Card journey started September 2002.
Labor applied (EB3) - September 2002
Labor approved - July 2003
I-140 / I-485 applied - December 2003
I_140 approved - August 2004 after responding to an RFE
Two times finger prints done and name check is done.
RFE about sons birth certificate -- responded last year.
But still the way things are going with Visa numbers and seems no light at the end of the tunnel. I am decided to change EB3 to EB2.
What would you suggest?
Where can I find the process for this switch (EB3 to EB2) ??
Is there any benefit switching from AOS to Consular Process?
Thanks and appreciate your response.
The process of switching from EB3 to EB2 also takes some time and expense. Please do consult your attorney and weigh in all pros and cons very carefully. In case you require assistance please contact me.
I am from India and working as a Software Programmer / Analyst in a decent company and I am using AC21 with this company...and my Green Card journey started September 2002.
Labor applied (EB3) - September 2002
Labor approved - July 2003
I-140 / I-485 applied - December 2003
I_140 approved - August 2004 after responding to an RFE
Two times finger prints done and name check is done.
RFE about sons birth certificate -- responded last year.
But still the way things are going with Visa numbers and seems no light at the end of the tunnel. I am decided to change EB3 to EB2.
What would you suggest?
Where can I find the process for this switch (EB3 to EB2) ??
Is there any benefit switching from AOS to Consular Process?
Thanks and appreciate your response.
The process of switching from EB3 to EB2 also takes some time and expense. Please do consult your attorney and weigh in all pros and cons very carefully. In case you require assistance please contact me.
gdilla
05-11 04:06 PM
No country in the world will give you credit for pension contributions you've made in another country. If you haven't earned enough credits to draw from SS in the US when you retire, then you get nothing. Period.
Remember, the SS tax is a tax, not an etitlement. "Paying in" guarantees nothing. By the time you retire, the fiscal health of the SS system may be so drastically different (in part dealing with all the baby boomers) that you really shouldn't count on it even being available in any way that makes a difference in your life.
Remember, the SS tax is a tax, not an etitlement. "Paying in" guarantees nothing. By the time you retire, the fiscal health of the SS system may be so drastically different (in part dealing with all the baby boomers) that you really shouldn't count on it even being available in any way that makes a difference in your life.
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ps3539
07-25 01:30 AM
I am an Indian and proud to be so. Indians - Remove the "SLAVE" mentality from your minds. Think positive. Do some thing good for India, where you have been born and brought up; where your previous generations have flourished. Since, you are now living and earning in US, be loyal to US too.
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paskal
02-14 03:13 PM
Since the lawsuit is about the getting the lost visa numbers it will be a good case.
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed
The law does not mention anywhere that u cannot recapture numbers.
the law does say that the GC numbers expire if unused.
once expired USCIS has no power to use them.
you need to study this deeper if you want to consider a challenge.
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed
The law does not mention anywhere that u cannot recapture numbers.
the law does say that the GC numbers expire if unused.
once expired USCIS has no power to use them.
you need to study this deeper if you want to consider a challenge.
pmat
04-09 10:36 AM
I have some questions about the Canadian immigration application:
1. Birth certificates: They are asking for the Birth Certificates with the application. I and my wife don't have our birth registered in India. Can we provide birth certificates that the Indian embassy sends for this purpose? For US I-485, we were planning to use Non-availability certificates.
2. Experience Letter: Will a notarized letter from colleague work for showing work-exp in India. Please note that I already have over 4 yrs of experience in US after that - for which I will manage to get a work exp letter from my company.
3. Status in US: My H1B is valid until Oct 2009, but I don't have the visa stamped on my passport (last H1B visa stamp expired). Can I send a copy of I-797 to prove my status? Also, my wife's F-1 visa has expired but she has a valid I-20 until Dec 2007. Can I send copy of I-20 for proving her valid status in US?
I would really appreciate if someone can provide insight in these concerns.
Thanks,
pmat
1. Birth certificates: They are asking for the Birth Certificates with the application. I and my wife don't have our birth registered in India. Can we provide birth certificates that the Indian embassy sends for this purpose? For US I-485, we were planning to use Non-availability certificates.
2. Experience Letter: Will a notarized letter from colleague work for showing work-exp in India. Please note that I already have over 4 yrs of experience in US after that - for which I will manage to get a work exp letter from my company.
3. Status in US: My H1B is valid until Oct 2009, but I don't have the visa stamped on my passport (last H1B visa stamp expired). Can I send a copy of I-797 to prove my status? Also, my wife's F-1 visa has expired but she has a valid I-20 until Dec 2007. Can I send copy of I-20 for proving her valid status in US?
I would really appreciate if someone can provide insight in these concerns.
Thanks,
pmat
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longq
02-13 03:09 PM
They do not have to go to 7% if they don't want to. However; they can't go over it; if there is more demand then supply.
I am not disputing this. Entire discussion here is how to handle if demand is less than supply due to the impose of 7%.
I am not disputing this. Entire discussion here is how to handle if demand is less than supply due to the impose of 7%.
2010 Hot-Anushka-Sharma-07
unitednations
02-20 12:59 AM
How much investment is required to do this using the L1-A? This appears to be a better option than the EB-5 where money is tied up for years.
You have to work for the company outside USA for one year. therefore, you gotta be out for one year.
I am not advocating this but if a person were to go back home and wanted to come back later then al they need to do is start a business (could be consulting). After it has been running for a year then come to USA on L-1A to open up a sales/operational office and then open up your consulting company and start hiring/placing people.
Note: You need to ensure that the company is real back home to get through consular process.
I am actually very surprised at people. I would have thought that now people have come to realize that this could take a long time that people would dig in and start lobbying harder; strategizing, etc., instead, I am seeing more postings of people going back home; canada, australia, england, etc.
I will give you my story. I came here in 1993 and stayed until 1996. Didn't really think about staying here permanently. In 1996 my colleague who was from Bahamas on H-1 got me on a conference call with company attornies about doing greencard. We asked her of the process and she told that the rules were you had to work with the company for 18 months; the process could take 3 to 4 years and then you had to stay for 3 years after the greencard got approved. We both just looked at each other and thought there was no way we would do it. He went back to Bahamas and I went back to Canada thinking i wasn't going to come back and why wait anyways.
Three years later I decided I missed USA (note: Canada isn't much different but I still missed the "system" and the rush of working in the big economy with the biggest companies. I came back and stuck in greencard process now for many years.
My conclusion is that I made a mistake of going back and should have stayed the first time around. Something for everyoen to consider going back to other countries or back home.
You have to work for the company outside USA for one year. therefore, you gotta be out for one year.
I am not advocating this but if a person were to go back home and wanted to come back later then al they need to do is start a business (could be consulting). After it has been running for a year then come to USA on L-1A to open up a sales/operational office and then open up your consulting company and start hiring/placing people.
Note: You need to ensure that the company is real back home to get through consular process.
I am actually very surprised at people. I would have thought that now people have come to realize that this could take a long time that people would dig in and start lobbying harder; strategizing, etc., instead, I am seeing more postings of people going back home; canada, australia, england, etc.
I will give you my story. I came here in 1993 and stayed until 1996. Didn't really think about staying here permanently. In 1996 my colleague who was from Bahamas on H-1 got me on a conference call with company attornies about doing greencard. We asked her of the process and she told that the rules were you had to work with the company for 18 months; the process could take 3 to 4 years and then you had to stay for 3 years after the greencard got approved. We both just looked at each other and thought there was no way we would do it. He went back to Bahamas and I went back to Canada thinking i wasn't going to come back and why wait anyways.
Three years later I decided I missed USA (note: Canada isn't much different but I still missed the "system" and the rush of working in the big economy with the biggest companies. I came back and stuck in greencard process now for many years.
My conclusion is that I made a mistake of going back and should have stayed the first time around. Something for everyoen to consider going back to other countries or back home.
more...
mariusp
03-28 12:52 PM
Sure http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm
I spoke to two immigration attorneys about how this may affect pending I-140 cases with the USCIS and this is the reply I received:
Response 1:
I am aware of the proposed rule (and the DOL link you sent me). But this applies only to pending labor certification applications and to approved labor certification applications not yet filed with USCIS. Neither one of these situations applies in your case. Of course the elimination of substitution is a proposed rule only and no one can tell exactly if and when and how the final rule will come out.
Response 2:
Highly unlikely that this change would affect a case that was already filed.
Just to be safe I will request to convert to PP.
I spoke to two immigration attorneys about how this may affect pending I-140 cases with the USCIS and this is the reply I received:
Response 1:
I am aware of the proposed rule (and the DOL link you sent me). But this applies only to pending labor certification applications and to approved labor certification applications not yet filed with USCIS. Neither one of these situations applies in your case. Of course the elimination of substitution is a proposed rule only and no one can tell exactly if and when and how the final rule will come out.
Response 2:
Highly unlikely that this change would affect a case that was already filed.
Just to be safe I will request to convert to PP.
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ita
04-16 12:51 PM
I know on a humorous note I was thinking people who are married are worried about their family problems.People who are not married are worried about when they will get married.Don't know who has time to worry about some politicians marriage on top of that during elections time.
Ultimately everything boils down to corruption. Huge money is going down in the pockets of big media houses, it is so damn obvious...Hindustan times, IBN & NDTV carried pictures of Priyanka Gandhi's children for 3 days on the front page, I never saw pictures or anything on Chandrababu Naidu, Yedirappa, Badal, Gehlot, Shivraj Chauhan or for that reason anybody....these kids are more important than our grassroot leaders ? The family is talking about "Rahul kee Shaadee" and the whole media is printing that, nobody's asking them where were you and what you did in last 5 years ???
Ultimately everything boils down to corruption. Huge money is going down in the pockets of big media houses, it is so damn obvious...Hindustan times, IBN & NDTV carried pictures of Priyanka Gandhi's children for 3 days on the front page, I never saw pictures or anything on Chandrababu Naidu, Yedirappa, Badal, Gehlot, Shivraj Chauhan or for that reason anybody....these kids are more important than our grassroot leaders ? The family is talking about "Rahul kee Shaadee" and the whole media is printing that, nobody's asking them where were you and what you did in last 5 years ???
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Tito_ortiz
03-14 12:02 PM
Just fill out the forms and submit them. It is very easy. It took 6 months for me to get the PR in the Socialist Canada. Then it took 1 month for me I should get out of there quickly. Very low pace, not many high level employment, high taxes. I visited a friend there last weekend. In Vancouver, it rains like hell and it is depressing to me. I said, darn, why am I living here? If I am not going to have significant career advancement, I should go back home than staying here enjoying this rain. In Toronto it is cold like hell. Go there and spend a couple of weeks and see if you like it. People are usually friendly there. In the end, it depends on how bad is back home when compared to Canada. Good luck.
Hi, I am seriously planning to start Canadian immigration after wasting 7 years of my life in chasing GC. Can anybody suggest some good lawyers/attorneies/agencies who are not money suckers like US immigration attornies ? Also, somebody mentioned that one can apply Can immigration by himself. Is there any issue with that ?
Thanks
Hi, I am seriously planning to start Canadian immigration after wasting 7 years of my life in chasing GC. Can anybody suggest some good lawyers/attorneies/agencies who are not money suckers like US immigration attornies ? Also, somebody mentioned that one can apply Can immigration by himself. Is there any issue with that ?
Thanks
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reachinus
07-28 09:56 PM
I am not saying that the AP cannot be used again, but it cannot be used after the Validity on the AP which is 1 year from the Issue date and the date on the I-94 doesn't have any meaning.
For example
My AP was issued on Oct 18th 2007 and I can use it to travel till Oct 17th 2008. But people are saying that they are issued an I-94 with a date which is 1 year from the date they enter/use the AP.
But my concern is that I was issued an I-94A which doesn't have any date on it. Should I be concerned about that?
AP's are generally issued for multiple trips. I am little confused by your question. Could you please specify why is it that you think that you cannot use the AP again.
For example
My AP was issued on Oct 18th 2007 and I can use it to travel till Oct 17th 2008. But people are saying that they are issued an I-94 with a date which is 1 year from the date they enter/use the AP.
But my concern is that I was issued an I-94A which doesn't have any date on it. Should I be concerned about that?
AP's are generally issued for multiple trips. I am little confused by your question. Could you please specify why is it that you think that you cannot use the AP again.
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Macaca
07-04 10:14 AM
IV release has the following line in 1st para. What is one minor category?
The Department of State, in a sweeping move, announced that they would accept applications from all highly-skilled workers (sans one minor category) to a) adjust status to a permanent resident (ie apply for a Green Card, which is the final stage),
The Department of State, in a sweeping move, announced that they would accept applications from all highly-skilled workers (sans one minor category) to a) adjust status to a permanent resident (ie apply for a Green Card, which is the final stage),
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sachug22
09-24 06:45 PM
You also know what I am stating. You already have heard the word"Pre-adjudication" which means "To assign number" based on monthly bulletin based EB table dates and then put a file on shelf to eat dust till USCIS can "approve 485" /"Send Physical greencard" based on Prority date becomes active based on "country specific limit"
If assigning number is almost equivalent to granting visa in a few days then there should not be hundreds of applicants waiting in "pre-adjudication" queue. We all know that many people have been pre-adjudicated and now they are just waiting for their physical GCs.
The Terminology : Visa number is assigned when I-485 application is approved (given that their are visa numbers available) or at Consular post the interviewer approves your application.
If you mean assigning file number or alien number then that a different thing. Pre-approval (is like initial review which more or less check is all documents are correct and application is approve able). No visa is give to any pre-approved case.
If assigning number is almost equivalent to granting visa in a few days then there should not be hundreds of applicants waiting in "pre-adjudication" queue. We all know that many people have been pre-adjudicated and now they are just waiting for their physical GCs.
The Terminology : Visa number is assigned when I-485 application is approved (given that their are visa numbers available) or at Consular post the interviewer approves your application.
If you mean assigning file number or alien number then that a different thing. Pre-approval (is like initial review which more or less check is all documents are correct and application is approve able). No visa is give to any pre-approved case.
more...
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dilipcr
06-12 03:53 AM
dilipcr,
Don't tell us you are trying to save america for americans ( now that you are going to be a citizen)
Nope I am not. I am suggesting that first let the deserving get the GCs and not waste time fighting for all
You are just trying to close the door behind you.
Nope. I want the deserving people to come in. My criterion for a deserving guy is that the person works directly for a company. If you believe my criterion is flawed then call it out. Dont go about saying that I have selfish motives. wage destruction not just affects me but also the future IV GC holders and citizens. So whats wrong in my calling it out ?
You think Grassley bill is good for everyone. Yeah sure it is good for you !
Yes everyone in America for sure and it includes the current H1bs and prospective GC holders
You have begun to think like loosers guild( aka programmers guild)
If by saying that the deserving should get the first opportunity to get in, I belong to the losers guild, then I salute your critical reasoning
You claim the fittest will survive and you don't need any luck to survive. However you had your round of layoffs too. That is a fact of american job market. Luck does play a lot in people's lives especially here in US. I have heard of an IBM engineer who was laid off during 2001 recession. He had 2 patents under his belt. So nobody is immune to luck factor.
There you go. No wonder I still come across the favorite Indian past time of attributing everything to luck. Yes I had my share of layoffs. Why isnt it viewed from a point of view of my tenacity of survive, hang on and push harder ? Why should it be luck that aided me ? So you want to twiddle your thumb hoping that luck would take you through this journey ? Why not take some action ? If I had sat in a corner weeping and blaming luck for my 3 layoffs in 1 year, i would not have been whatever I am today.
Now that you have become a GC holder and soon going to be a citizen, you are so much worried about the wage levels and and L1 visas. You are ok with H1Bs because you were on H1B earlier in your life.
Yes I was a H1B to start with. But I did not represent an outsourcing company or a body shopping company. I was hired by a top notch company named MSFT. Ever heard of the spell check and grammar check algorithm in MS Word ? I had put in my 2 humble cents in developing an algorithm for MS Word 97 product then.
Did you ever worry about depressing citizen's wages when you were on H1B ?
You still think that I joined MSFT then after depressing a citizen's wage.
It is one thing to be so self centered, another to say it aloud on a prospective immigrant's forum like IV.
If my self interest would serve a great good for the deserving what is wrong in that ?
BTW america is the best place to do business. If you feel threatened by more work force entering USA, become an entrepreneur like Vivek Wadhwa, not a loser like Ron Hira.
Aren't we Indians a bunch of crabs !
Dude, Read Vivek Wadhwas findings carefully. He wants the best and the brightest to be provided unlimited visas. I agree with him completely. He is not for perpetual fraud and wage destruction as proferred by the outsourcing companies. Next time when you quote a defence, atleast quote something that supports your case not the opponent's :-)
Don't tell us you are trying to save america for americans ( now that you are going to be a citizen)
Nope I am not. I am suggesting that first let the deserving get the GCs and not waste time fighting for all
You are just trying to close the door behind you.
Nope. I want the deserving people to come in. My criterion for a deserving guy is that the person works directly for a company. If you believe my criterion is flawed then call it out. Dont go about saying that I have selfish motives. wage destruction not just affects me but also the future IV GC holders and citizens. So whats wrong in my calling it out ?
You think Grassley bill is good for everyone. Yeah sure it is good for you !
Yes everyone in America for sure and it includes the current H1bs and prospective GC holders
You have begun to think like loosers guild( aka programmers guild)
If by saying that the deserving should get the first opportunity to get in, I belong to the losers guild, then I salute your critical reasoning
You claim the fittest will survive and you don't need any luck to survive. However you had your round of layoffs too. That is a fact of american job market. Luck does play a lot in people's lives especially here in US. I have heard of an IBM engineer who was laid off during 2001 recession. He had 2 patents under his belt. So nobody is immune to luck factor.
There you go. No wonder I still come across the favorite Indian past time of attributing everything to luck. Yes I had my share of layoffs. Why isnt it viewed from a point of view of my tenacity of survive, hang on and push harder ? Why should it be luck that aided me ? So you want to twiddle your thumb hoping that luck would take you through this journey ? Why not take some action ? If I had sat in a corner weeping and blaming luck for my 3 layoffs in 1 year, i would not have been whatever I am today.
Now that you have become a GC holder and soon going to be a citizen, you are so much worried about the wage levels and and L1 visas. You are ok with H1Bs because you were on H1B earlier in your life.
Yes I was a H1B to start with. But I did not represent an outsourcing company or a body shopping company. I was hired by a top notch company named MSFT. Ever heard of the spell check and grammar check algorithm in MS Word ? I had put in my 2 humble cents in developing an algorithm for MS Word 97 product then.
Did you ever worry about depressing citizen's wages when you were on H1B ?
You still think that I joined MSFT then after depressing a citizen's wage.
It is one thing to be so self centered, another to say it aloud on a prospective immigrant's forum like IV.
If my self interest would serve a great good for the deserving what is wrong in that ?
BTW america is the best place to do business. If you feel threatened by more work force entering USA, become an entrepreneur like Vivek Wadhwa, not a loser like Ron Hira.
Aren't we Indians a bunch of crabs !
Dude, Read Vivek Wadhwas findings carefully. He wants the best and the brightest to be provided unlimited visas. I agree with him completely. He is not for perpetual fraud and wage destruction as proferred by the outsourcing companies. Next time when you quote a defence, atleast quote something that supports your case not the opponent's :-)
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trramesh
06-15 11:00 AM
For most of the ppl with hateful comments, Reality sucks and bites back. I agree with dilip and unfortunately, among billions voices and opinions dont matter. Just brutal personal attacks.
That said. We cant stop the outsourcing and dumping. Today is biilions from India and china and tomorrow rest of billions from rest of world (like Africa and rest).
If you dont have any proper counter argument, dont post. Period, dont stoop to personal attack.(race,caste,place and commutiy and alma mater).
Grow up folks.
As the saying goes, there are two sides to a coin, and there is definitely some truth in the counter arguments. There are quite a few blood sucking desi consulting cos out there, and those need to be cleansed out to protect our own country men from exploitation.
Coming to the point of GC, it is the US gov that gave H1B and invited these people to come and work here to support its companies. At that point, it did not apply country quota. Now when it comes to adjudicating GCs, this unfair concept exists. The process should be unifiorm and fair. If GC and citizenship needs per country quota, so does H1B. Keep everyone at the same level. How is someone from a non retrogressed country more worthy to US than his counterpart from a retrogressed country.
We cannot change what had already happened, and fortunately or unfortunately, we are here looking to have our future in this country. We also need a clear path to immigration. I think it is the moral responsibility of the US gov to show us just that. If the US gov wants to protect the jobs for its citizens, one cannot blame it, but dont let the L1s and H1Bs that you had already brought in years ago to rot in retrogression. After all, these guys also have a family and a career to take care of.
The point I am trying to make is, let us not get into arguments that take us nowhere. Let us rather focus on newer ideas to make our voices heard. Let this forum serve its purpose.
That said. We cant stop the outsourcing and dumping. Today is biilions from India and china and tomorrow rest of billions from rest of world (like Africa and rest).
If you dont have any proper counter argument, dont post. Period, dont stoop to personal attack.(race,caste,place and commutiy and alma mater).
Grow up folks.
As the saying goes, there are two sides to a coin, and there is definitely some truth in the counter arguments. There are quite a few blood sucking desi consulting cos out there, and those need to be cleansed out to protect our own country men from exploitation.
Coming to the point of GC, it is the US gov that gave H1B and invited these people to come and work here to support its companies. At that point, it did not apply country quota. Now when it comes to adjudicating GCs, this unfair concept exists. The process should be unifiorm and fair. If GC and citizenship needs per country quota, so does H1B. Keep everyone at the same level. How is someone from a non retrogressed country more worthy to US than his counterpart from a retrogressed country.
We cannot change what had already happened, and fortunately or unfortunately, we are here looking to have our future in this country. We also need a clear path to immigration. I think it is the moral responsibility of the US gov to show us just that. If the US gov wants to protect the jobs for its citizens, one cannot blame it, but dont let the L1s and H1Bs that you had already brought in years ago to rot in retrogression. After all, these guys also have a family and a career to take care of.
The point I am trying to make is, let us not get into arguments that take us nowhere. Let us rather focus on newer ideas to make our voices heard. Let this forum serve its purpose.
more...
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JazzByTheBay
07-03 07:05 PM
Posting here as asked by Pappu:
------
Hi Jessie,
I am contacting you today regarding the recent chain of events concerning employment-based immigrants.
I am positive you are aware of the recent debacle skilled professionals waiting for years in the immigration backlog have sufferred thanks to the Dept of State and the USCIS.
Some Facts:
- On June 13, DoS announced the July Visa Bulletin which made visa numbers available for all categories of employment-based immigrant visas, for all countries of chargeability. The July Visa Bulletin made all categories for all countries "CURRENT", giving a ray of hope to skilled professionals waiting in line for years to get a green card.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2ftravel.state.gov%2fvis a%2ffrvi%2fbulletin%2fbulletin_3258.html)
- Faced with this news, applicants and their families spent significant time and resources to put together the required documentation in a very short time, in many cases procuring important documents from their home countries and getting them couriered at considerable expense; and having family members like spouses and children fly in to the U.S. to be able to apply for a green card. Thousands of dollars were spent on this, and on the required medical checkups, and in many cases lawyers' fees, in order to submit the applications for the final stage of green card - Adjustment of Status (AOS), by filing Form I-485 by end of June so it reaches USCIS by July 2.
- Once a Visa Bulletin for the next month is announced, USCIS accepts all applications to adjust status that are received in that month. They may not have enough visa numbers for all applications received, and as such are not bound to actually issue green cards to all applicants in the month. However, applicants and their family members can receive interim benefits after filing e.g.:
1. Employment Authorization (EAD): This is particularly important for spouses, who are often unable to work because they are on H4 visas, and do not belong to specialized occupations that would entitle them to get an H1B visa.
2. Advanced Parole: Allowing applicants to travel freely.
3. Portability: Allows applicants to change employers 180 days after filing AOS, if the new job is the same as the one they based their positions/original green card applications on. This is very important for most professionals, who are bound to a particular employer for years during the green card processing, marred by its delays and complexity.
- Early on July 2, the first day when USCIS started receiving applications for AOS, the Dept of State announced an updated Visa Bulletin, stating that USCIS has issued extraordinary number of immigrant visas (60,000) for employment-based immigrants (between the July 2007 Visa Bulletin announcement on June 13 and end of June = June 29), thus running out of any available visa numbers for the rest of the year!
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2ftravel.state.gov%2fvis a%2ffrvi%2fbulletin%2fbulletin_3263.html)
- Following that, displaying amazing coordination, USCIS posted an update on its web site stating any AOS applications receivedi n the month of July will be rejected, effective immediately (July 2).
http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.uscis.gov%2ffiles% 2fpressrelease%2fVisaBulletin2Jul07.pdf)
In effect, this closed the available window for filing AOS applications - the entire month of July - even before it opened!
- The fact that a Visa Bulletin gets updated mid-month is unprecedented.
- The fact that the USCIS processed and adjudicated roughly the same number of AOS applications in about 15 days as they have done in the previous 10 months is both alarming and shocking!
- The American Immigrant Law Foundation is considering a class-action lawsuit agains USCIS/DoS.
- Immigration Voice (www.immigrationvoice.org (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.immigrationvoice.o rg%2f)), an organization of skilled professionals/documented immigrants is considering the same.
- Here's a Press Release from ImmigrationVoice.org:
http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.prlog.org%2f100226 48-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html)
- Also of interest, the following blog post by immigration lawyer Greg Siskind:
Full-Blown Scandal
http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fblogs.ilw.com%2fgregsi skind%2f2007%2f07%2ffull-blown-scan.html)
- Congresswoman Zoe Lofgren has issued a statement against this move, and written to both USCIS and DoS:
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808 (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2flofgren.house.gov%2fPR Article.aspx%3fNewsID%3d1808)
- Following link is from Forbes, a wire story by AP that got picked up by many media outlets in the last 24 hours:
Legal Workers Lose Chance at Green Cards
http://www.forbes.com/feeds/ap/2007/07/02/ap3879453.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.forbes.com%2ffeeds %2fap%2f2007%2f07%2f02%2fap3879453.html)
Hoping you will be able to highlight the plight of tens of thousands of such folks who got their single glimmer of hope taken away from them in a flash, before it even became available. (Ironically, all this happened whilst in the background lawmakers were considering legalizing 12-20 million undocumented immigrants.)
Thanks,
------
Hi Jessie,
I am contacting you today regarding the recent chain of events concerning employment-based immigrants.
I am positive you are aware of the recent debacle skilled professionals waiting for years in the immigration backlog have sufferred thanks to the Dept of State and the USCIS.
Some Facts:
- On June 13, DoS announced the July Visa Bulletin which made visa numbers available for all categories of employment-based immigrant visas, for all countries of chargeability. The July Visa Bulletin made all categories for all countries "CURRENT", giving a ray of hope to skilled professionals waiting in line for years to get a green card.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2ftravel.state.gov%2fvis a%2ffrvi%2fbulletin%2fbulletin_3258.html)
- Faced with this news, applicants and their families spent significant time and resources to put together the required documentation in a very short time, in many cases procuring important documents from their home countries and getting them couriered at considerable expense; and having family members like spouses and children fly in to the U.S. to be able to apply for a green card. Thousands of dollars were spent on this, and on the required medical checkups, and in many cases lawyers' fees, in order to submit the applications for the final stage of green card - Adjustment of Status (AOS), by filing Form I-485 by end of June so it reaches USCIS by July 2.
- Once a Visa Bulletin for the next month is announced, USCIS accepts all applications to adjust status that are received in that month. They may not have enough visa numbers for all applications received, and as such are not bound to actually issue green cards to all applicants in the month. However, applicants and their family members can receive interim benefits after filing e.g.:
1. Employment Authorization (EAD): This is particularly important for spouses, who are often unable to work because they are on H4 visas, and do not belong to specialized occupations that would entitle them to get an H1B visa.
2. Advanced Parole: Allowing applicants to travel freely.
3. Portability: Allows applicants to change employers 180 days after filing AOS, if the new job is the same as the one they based their positions/original green card applications on. This is very important for most professionals, who are bound to a particular employer for years during the green card processing, marred by its delays and complexity.
- Early on July 2, the first day when USCIS started receiving applications for AOS, the Dept of State announced an updated Visa Bulletin, stating that USCIS has issued extraordinary number of immigrant visas (60,000) for employment-based immigrants (between the July 2007 Visa Bulletin announcement on June 13 and end of June = June 29), thus running out of any available visa numbers for the rest of the year!
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2ftravel.state.gov%2fvis a%2ffrvi%2fbulletin%2fbulletin_3263.html)
- Following that, displaying amazing coordination, USCIS posted an update on its web site stating any AOS applications receivedi n the month of July will be rejected, effective immediately (July 2).
http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.uscis.gov%2ffiles% 2fpressrelease%2fVisaBulletin2Jul07.pdf)
In effect, this closed the available window for filing AOS applications - the entire month of July - even before it opened!
- The fact that a Visa Bulletin gets updated mid-month is unprecedented.
- The fact that the USCIS processed and adjudicated roughly the same number of AOS applications in about 15 days as they have done in the previous 10 months is both alarming and shocking!
- The American Immigrant Law Foundation is considering a class-action lawsuit agains USCIS/DoS.
- Immigration Voice (www.immigrationvoice.org (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.immigrationvoice.o rg%2f)), an organization of skilled professionals/documented immigrants is considering the same.
- Here's a Press Release from ImmigrationVoice.org:
http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.prlog.org%2f100226 48-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html)
- Also of interest, the following blog post by immigration lawyer Greg Siskind:
Full-Blown Scandal
http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fblogs.ilw.com%2fgregsi skind%2f2007%2f07%2ffull-blown-scan.html)
- Congresswoman Zoe Lofgren has issued a statement against this move, and written to both USCIS and DoS:
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808 (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2flofgren.house.gov%2fPR Article.aspx%3fNewsID%3d1808)
- Following link is from Forbes, a wire story by AP that got picked up by many media outlets in the last 24 hours:
Legal Workers Lose Chance at Green Cards
http://www.forbes.com/feeds/ap/2007/07/02/ap3879453.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.forbes.com%2ffeeds %2fap%2f2007%2f07%2f02%2fap3879453.html)
Hoping you will be able to highlight the plight of tens of thousands of such folks who got their single glimmer of hope taken away from them in a flash, before it even became available. (Ironically, all this happened whilst in the background lawmakers were considering legalizing 12-20 million undocumented immigrants.)
Thanks,
girlfriend Anushka Sharma Hot Gallery
shree19772000
08-03 01:24 PM
Hi All,
I am starting a new thread to clarify a roumour I heard that begining August 2006 the labour substitution is not possible. Can anyone confirm this please.
Thanks
I am starting a new thread to clarify a roumour I heard that begining August 2006 the labour substitution is not possible. Can anyone confirm this please.
Thanks
hairstyles Anushka Sharma HOT
desi3933
07-27 12:20 PM
Nope that's not correct. You file your business earnings through 1099 and not W2. It has nothing to do with H1-B. Good luck.
1099 or W2, it does not matter.
On H-1B status, one can not run business. PERIOD. Check with US CIS for yourself.
One more thing, Passive Investment is not same as Running a Business. Passive Investment is allowed on H-1/H-4 and other non-immigrant visa status.
____________________
Not a legal advice.
US citizen of Indian origin
1099 or W2, it does not matter.
On H-1B status, one can not run business. PERIOD. Check with US CIS for yourself.
One more thing, Passive Investment is not same as Running a Business. Passive Investment is allowed on H-1/H-4 and other non-immigrant visa status.
____________________
Not a legal advice.
US citizen of Indian origin
lazycis
02-14 12:58 PM
Galvez v. Howerton 503 F. Supp. 35, 39 (C.D. Cal. 1980)
http://boards.immigrationportal.com/showpost.php?p=1838094&postcount=14843
"Plaintiffs herein allege that officials of the Immigration and Naturalization Service (INS) have engaged in affirmative misconduct in failing to process their applications for adjustment of status to that of permanent resident aliens. They seek a court order compelling the defendants to issue them appropriate visa numbers."
"Where there has been affirmative misconduct on the part of the INS, the United States may be estopped to deny the availability of visas to those otherwise eligible but for the government's acts. See Immigration & Naturalization Service v. Hibi, 414 U.S. 5, 8-9, 94 S. Ct. 19, 21-22, 38 L. Ed. 2d 7 (1973); see also Villena v. Immigration & Naturalization Service, 622 F.2d 1352 (9th Cir. 1980) (en banc); Santiago v. Immigration & Naturalization Service, 526 F.2d 488, 492-93 (9th Cir. 1975) (en banc), cert. denied, 425 U.S. 971, 96 S. Ct. 2167, 48 L. Ed. 2d 794 (1976). The central inquiry here is the determination whether or not the conduct of the INS, including the failure of the INS officials to understand the applicable law, the improper rejection of plaintiffs' visa applications on two occasions, and the ensuing delay, constitute affirmative misconduct.
It is the duty of the agency to inform itself of the law which Congress has authorized it to enforce. The INS admits that its personnel were not familiar with the current statute applicable to plaintiffs' visa eligibility and thus erred in returning [**8] the plaintiffs' applications on the basis of a misinterpretation of the relevant law. This failure to act in accordance with law is an aspect of the agency's affirmative misconduct which the Court cannot overlook. Administrative Procedure Act, 5 U.S.C. � 706(2)(A) (agency action to be set aside where "not in accordance with law").
Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "
"IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' [**14] Motion for Summary Judgment is denied. The Court orders the defendant Secretary of State to issue A.T. Cortes and E. Cortes Fifth Preference visa numbers and to charge them to the 1979 visa allotments"
http://boards.immigrationportal.com/showpost.php?p=1838094&postcount=14843
"Plaintiffs herein allege that officials of the Immigration and Naturalization Service (INS) have engaged in affirmative misconduct in failing to process their applications for adjustment of status to that of permanent resident aliens. They seek a court order compelling the defendants to issue them appropriate visa numbers."
"Where there has been affirmative misconduct on the part of the INS, the United States may be estopped to deny the availability of visas to those otherwise eligible but for the government's acts. See Immigration & Naturalization Service v. Hibi, 414 U.S. 5, 8-9, 94 S. Ct. 19, 21-22, 38 L. Ed. 2d 7 (1973); see also Villena v. Immigration & Naturalization Service, 622 F.2d 1352 (9th Cir. 1980) (en banc); Santiago v. Immigration & Naturalization Service, 526 F.2d 488, 492-93 (9th Cir. 1975) (en banc), cert. denied, 425 U.S. 971, 96 S. Ct. 2167, 48 L. Ed. 2d 794 (1976). The central inquiry here is the determination whether or not the conduct of the INS, including the failure of the INS officials to understand the applicable law, the improper rejection of plaintiffs' visa applications on two occasions, and the ensuing delay, constitute affirmative misconduct.
It is the duty of the agency to inform itself of the law which Congress has authorized it to enforce. The INS admits that its personnel were not familiar with the current statute applicable to plaintiffs' visa eligibility and thus erred in returning [**8] the plaintiffs' applications on the basis of a misinterpretation of the relevant law. This failure to act in accordance with law is an aspect of the agency's affirmative misconduct which the Court cannot overlook. Administrative Procedure Act, 5 U.S.C. � 706(2)(A) (agency action to be set aside where "not in accordance with law").
Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "
"IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' [**14] Motion for Summary Judgment is denied. The Court orders the defendant Secretary of State to issue A.T. Cortes and E. Cortes Fifth Preference visa numbers and to charge them to the 1979 visa allotments"
jungalee43
11-08 02:57 PM
Sent e-mails to all the contacts. Immediately received some out-of-office auto replies. Looks like they would be out of office till Nov. 6 or Nov. 10.
Next up, posting message on change.gov
Next up, posting message on change.gov
