EkAurAaya
05-24 12:42 PM
http://timesofindia.indiatimes.com/articleshow/msid-2072510,prtpage-1.cms
Great immigration debate has Indians steamed up
24 May, 2007 l 2200 hrs ISTlCHIDANAND RAJGHATTA/TIMES NEWS NETWORK
WASHINGTON: The fate of tens of thousands of high-skilled Indian professionals waiting to be permanent US residents is being sidelined in an immigration debate that is heavily tilted in favor of illegal workers, according to advocates of high-tech immigration and Indian activists.
Close to 450,000 Indian professionals are caught up in the H1-B-Green Card gridlock, but the immigration bill currently being debated in Congress will exacerbate their agony instead of resolving the matter, activists
for the skilled immigrants lobby say.
Despite the support of US high-tech companies such as Microsoft and Cisco, and business-industry lobbying groups, the ongoing debate centers mainly on the 12 million mostly illegal immigrants, who, under the new proposals being mooted, will jump ahead of high-skilled Indians and qualify to become US citizens.
"What's being debated here is a pro-illegal worker, anti-skilled professional bill," says Aman Kapoor, co-founder of the advocacy group Immigration Voice(www.immigrationvoice.com)
According to Kapoor and others, some of the new rules being considered will be heartbreaking for skilled Indian professionals. Not only is there a proposal to reduce skilled worker Green Cards from 140,000 to 90,000, there is also a move that would require H1B holders to renew their visas on an annual basis.
A new merit-based points system is also loaded against skilled professionals, they say. For instance, economic contribution by the undocumented is recognized by awarding points for property ownership but not for people working legally.
Even accounting for proposed hike in skilled worker Green Card allocation to individual countries from 7 per cent to ten per cent of the total quota, it will take 45 years to clear the backlog from India at the rate of around 10,000 Green Cards a year, claims Kapoor. "What this country is saying is that it prefers cherry pickers to high skilled work force, not that I have anything against cherry pickers," he said.
Vinod Agarwal's immigration saga is a typical narrative that describes the tortured lives of the nearly half million young Indians mired in the great wrangle currently roiling the United States.
Vinod came to the 'States for his masters' degree in 1997 on an F-1 student visa and changed to an H1-B visa when he was hired by a U.S tech company in 2000. In 2001, his employer started the process to help him secure a permanent resident visa, or Green Card, the first step towards eventual US citizenship.
Thanks to a gridlock arising from complicated rules and a huge backlog, this process, now five years old, could take another two to three years. Among the big hurdles: a yearly limit of 140,000 on employment-based Green Cards for skilled workers.
To further stymie things, no more than seven per cent of Green Cards � less than 10,000 -- are allowed to be allocated to immigrants (including their spouses and children) from any one country. The per-country limitation was meant to avoid monopolization by any one country, but it puts a crimp on countries such as India, China and Russia, which send far more high skilled workers to the US than others.
Because of this mess, Vinod has had to put a hold on some of the most important decisions in his life � like marriage, or making investment commitments. And because his Green Card process is tied to his employer, he cannot make career moves and has to put a lid on his entrepreneurial ambitions and options.
So, a decade after he came to the land of opportunity, Vinod is still a guest, although the contribution of his ilk to the American economy is a matter of record.
According to a recent study, 24% of all the US patents filed from the US are by foreign nationals on temporary visas. Nearly a quarter of tech companies in Silicon Valley are started by skilled professionals who came to the US on H1-B visas.
If Vinod and his type thought the new immigration bill now being debated in the US Congress could address their plight, the were mistaken. The bill, say Immigration Voice activists, has been hijacked by advocates for restricting high-skilled immigrants and those promoting vote bank politics.
"Illegal immigrants are sucking all the air in the room," adds Vikas Chowdhury, a tech professional also caught in the Green Card imbroglio. "The message from the US Senate to legal, skill based immigrants is, 'so long suckers!"
Great immigration debate has Indians steamed up
24 May, 2007 l 2200 hrs ISTlCHIDANAND RAJGHATTA/TIMES NEWS NETWORK
WASHINGTON: The fate of tens of thousands of high-skilled Indian professionals waiting to be permanent US residents is being sidelined in an immigration debate that is heavily tilted in favor of illegal workers, according to advocates of high-tech immigration and Indian activists.
Close to 450,000 Indian professionals are caught up in the H1-B-Green Card gridlock, but the immigration bill currently being debated in Congress will exacerbate their agony instead of resolving the matter, activists
for the skilled immigrants lobby say.
Despite the support of US high-tech companies such as Microsoft and Cisco, and business-industry lobbying groups, the ongoing debate centers mainly on the 12 million mostly illegal immigrants, who, under the new proposals being mooted, will jump ahead of high-skilled Indians and qualify to become US citizens.
"What's being debated here is a pro-illegal worker, anti-skilled professional bill," says Aman Kapoor, co-founder of the advocacy group Immigration Voice(www.immigrationvoice.com)
According to Kapoor and others, some of the new rules being considered will be heartbreaking for skilled Indian professionals. Not only is there a proposal to reduce skilled worker Green Cards from 140,000 to 90,000, there is also a move that would require H1B holders to renew their visas on an annual basis.
A new merit-based points system is also loaded against skilled professionals, they say. For instance, economic contribution by the undocumented is recognized by awarding points for property ownership but not for people working legally.
Even accounting for proposed hike in skilled worker Green Card allocation to individual countries from 7 per cent to ten per cent of the total quota, it will take 45 years to clear the backlog from India at the rate of around 10,000 Green Cards a year, claims Kapoor. "What this country is saying is that it prefers cherry pickers to high skilled work force, not that I have anything against cherry pickers," he said.
Vinod Agarwal's immigration saga is a typical narrative that describes the tortured lives of the nearly half million young Indians mired in the great wrangle currently roiling the United States.
Vinod came to the 'States for his masters' degree in 1997 on an F-1 student visa and changed to an H1-B visa when he was hired by a U.S tech company in 2000. In 2001, his employer started the process to help him secure a permanent resident visa, or Green Card, the first step towards eventual US citizenship.
Thanks to a gridlock arising from complicated rules and a huge backlog, this process, now five years old, could take another two to three years. Among the big hurdles: a yearly limit of 140,000 on employment-based Green Cards for skilled workers.
To further stymie things, no more than seven per cent of Green Cards � less than 10,000 -- are allowed to be allocated to immigrants (including their spouses and children) from any one country. The per-country limitation was meant to avoid monopolization by any one country, but it puts a crimp on countries such as India, China and Russia, which send far more high skilled workers to the US than others.
Because of this mess, Vinod has had to put a hold on some of the most important decisions in his life � like marriage, or making investment commitments. And because his Green Card process is tied to his employer, he cannot make career moves and has to put a lid on his entrepreneurial ambitions and options.
So, a decade after he came to the land of opportunity, Vinod is still a guest, although the contribution of his ilk to the American economy is a matter of record.
According to a recent study, 24% of all the US patents filed from the US are by foreign nationals on temporary visas. Nearly a quarter of tech companies in Silicon Valley are started by skilled professionals who came to the US on H1-B visas.
If Vinod and his type thought the new immigration bill now being debated in the US Congress could address their plight, the were mistaken. The bill, say Immigration Voice activists, has been hijacked by advocates for restricting high-skilled immigrants and those promoting vote bank politics.
"Illegal immigrants are sucking all the air in the room," adds Vikas Chowdhury, a tech professional also caught in the Green Card imbroglio. "The message from the US Senate to legal, skill based immigrants is, 'so long suckers!"
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kirupa
10-11 04:25 AM
Thanks - fixed! :)
sky7
07-28 10:02 AM
I was reading some latest info about I140 & I140 Premium Processing at
http://www.murthy.com/bulletin.html
it stated
In order to be eligible for the three-year extension, the H1B worker must be the beneficiary of an approved I-140 petition and the case must be subject to retrogression (nonavailability of visa numbers).
So say I got approved I140, but since i am as of now..not subject to retrogression (I am not from India/China, my EB2 is current - PD 9/2002), then I won't be eligible for 3-yr H1B extension???? :eek:
Anyone knows?
Thanks..
http://www.murthy.com/bulletin.html
it stated
In order to be eligible for the three-year extension, the H1B worker must be the beneficiary of an approved I-140 petition and the case must be subject to retrogression (nonavailability of visa numbers).
So say I got approved I140, but since i am as of now..not subject to retrogression (I am not from India/China, my EB2 is current - PD 9/2002), then I won't be eligible for 3-yr H1B extension???? :eek:
Anyone knows?
Thanks..
2011 Cameron Diaz
keiryu
06-28 04:28 PM
You can have AOS and H-1b concurrently. If you have the time, I would renew your H-1B visa at the consulate and re-enter using H-1b. It is much less hassle than to return using AP.
more...
bugmenot
06-08 01:15 AM
well the status quo isn't that bad, is it? Gradually, retrogression will reduce. Now that there is no labor sub, there will be roughly a FIFO system. Plus, no increase in H1B should help the future --- as far as retorgression is concerned. another big plus is that current H1B system is intact. This bill would have driven thousands out of H1B status.
So I say: CIR, RUST in PEACE.
u got it all wrong there, there is goin to be an h1b increase, the business community wants it, they'll get it wether anyone likes it or not and with that will come all those durbin/ron hira amendments and all this will happen b4 the next h1b date so its a matter of time b4 it all happens again
So I say: CIR, RUST in PEACE.
u got it all wrong there, there is goin to be an h1b increase, the business community wants it, they'll get it wether anyone likes it or not and with that will come all those durbin/ron hira amendments and all this will happen b4 the next h1b date so its a matter of time b4 it all happens again
Maverick_2008
04-07 05:59 PM
Not trying to set a precedence at all but just sharing my personal experiences. What happened to me may not happen to others - so, better to follow the right process/protocol. Whether it has any impact on 485 or not is unknown to me (unlike you, I don't know anyone who has had any issues as a result of I-94) but holding the document back deliberately at the point of departure won't do much good for sure.
Maverick_2008
Rules change , processes change, dont set a precedence by saying not retuning is fine ,in my opinion it is better to return the I 94 .If they decide to closely scrutinize your case you could be issued RFE to submit all the copies of all I 94s and question you . I 94s serve a purpose , you are lucky that you had no issues , I have had seen a few friends who did not realise the importance of I 94 had to go thru major hassles due to it. I 94 is an improtant document please dont treat this matter lightly. I 94 defines the legal status and the length of your stay in thus country.
Airline staff can make mistakes thats why it is always better to make copy of the I 94 and keep for you records, the burden on proof is on you and not USCIS to show that you were legal status in this country all the while.
Maverick_2008
Rules change , processes change, dont set a precedence by saying not retuning is fine ,in my opinion it is better to return the I 94 .If they decide to closely scrutinize your case you could be issued RFE to submit all the copies of all I 94s and question you . I 94s serve a purpose , you are lucky that you had no issues , I have had seen a few friends who did not realise the importance of I 94 had to go thru major hassles due to it. I 94 is an improtant document please dont treat this matter lightly. I 94 defines the legal status and the length of your stay in thus country.
Airline staff can make mistakes thats why it is always better to make copy of the I 94 and keep for you records, the burden on proof is on you and not USCIS to show that you were legal status in this country all the while.
more...
coolpal
04-20 03:07 PM
I got my approval notice today, and as expected, it is approved as consular process with the Chennai consulate as the class consulate.
I hope I won't have any problems using EAD. Taking the dive now.
pal :)
I hope I won't have any problems using EAD. Taking the dive now.
pal :)
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optimystic
04-08 06:21 PM
See my details in signature.
Just waiting for the Processing dates in Nebraska to progress now.
Just waiting for the Processing dates in Nebraska to progress now.
more...
godbless
05-14 10:42 AM
How about rejection notices? Anyone got checks back with the rejection notice?
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vin13
03-11 09:14 AM
My AP was mailed by USCIS in January and I never received it. Called USCIS customer service, they said I need to apply again by paying $305 again. Called up USPS and they cannot find it, USPS said they will be sending me apology letter.
Did any one lost AP in mail, did any of you refile again.
I had a similar situation. The website showed that the case was approved. After waiting for few weeks had my lawyer contact USCIS. They said to wait another week and if it does not arrive then they will issue a duplicate one. The very next day, the lawyer fedexed me the AP papers saying they arrived. Now, i am not sure if the mail was not opened at the lawyer's office or truely it arrived the very next day.
I think the best for you would be to schedule a Infopass and go there with your information. If they feel like helping you, they can have you fill the application form right there and issue the AP in a day or two.
Take a couple of your passport photos just in case they want you to fill the application again. It is a very short application. So it takes less than 10 minutes to fill it. They may not charge you any money. Just take your 485 receipt notice, I-140 approval notce, previous AP approvals if any, current EAD with you.
Did any one lost AP in mail, did any of you refile again.
I had a similar situation. The website showed that the case was approved. After waiting for few weeks had my lawyer contact USCIS. They said to wait another week and if it does not arrive then they will issue a duplicate one. The very next day, the lawyer fedexed me the AP papers saying they arrived. Now, i am not sure if the mail was not opened at the lawyer's office or truely it arrived the very next day.
I think the best for you would be to schedule a Infopass and go there with your information. If they feel like helping you, they can have you fill the application form right there and issue the AP in a day or two.
Take a couple of your passport photos just in case they want you to fill the application again. It is a very short application. So it takes less than 10 minutes to fill it. They may not charge you any money. Just take your 485 receipt notice, I-140 approval notce, previous AP approvals if any, current EAD with you.
more...
diptam
08-04 03:46 PM
http://immigrationvoice.org/forum/showthread.php?t=20598 Though the title says TSC we are trying to write a joint letter covering both NSC and TSC.
I'm stuck at NSC since May 11th 2007 - no movements. They have purposefully stopped working on EB3 140 at Nebraska
Mine is pending at NSC since 7th May 2007 under EB2. I can't explain my frustation in words... Don't know what to do...
I'm stuck at NSC since May 11th 2007 - no movements. They have purposefully stopped working on EB3 140 at Nebraska
Mine is pending at NSC since 7th May 2007 under EB2. I can't explain my frustation in words... Don't know what to do...
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sparky_jones
04-01 04:10 PM
I also got an sudden status update on Jan 7, 2008 that a notice was returned undeliverable on Nov 5, 2007. There was not status update before that. I took an InfoPass appoitnment. The agent at the appointment told me that everything looked fine on my case and she couldn't tell why my online status indicated that something was returned.
I would say...don't bother about it...but if you really want to be sure, take an InfoPass appoinment and check it out.
I would say...don't bother about it...but if you really want to be sure, take an InfoPass appoinment and check it out.
more...
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BeCoolGuy
04-04 07:39 AM
Just two cents -
One - all that notice means is, technically USCIS can revoke your I-140 after 12 weeks.
Two - For you, anyways the damage is done. So don't worry. Go ahead ASAP with a response to RFE. If USCIS is any slow in revoking (which they very well can be), they'll take your response and as long as it satisfies their query, you may be good to go.. Remember, they are not your enemies, they are just doing their job of ensuring that every relevant document/proof exists.. And that those who work there are human too...
If it still gets revoked, you always have MTR option.
try to use a good attorney to do the job, especially if you to go MTR way.
Goodluck
One - all that notice means is, technically USCIS can revoke your I-140 after 12 weeks.
Two - For you, anyways the damage is done. So don't worry. Go ahead ASAP with a response to RFE. If USCIS is any slow in revoking (which they very well can be), they'll take your response and as long as it satisfies their query, you may be good to go.. Remember, they are not your enemies, they are just doing their job of ensuring that every relevant document/proof exists.. And that those who work there are human too...
If it still gets revoked, you always have MTR option.
try to use a good attorney to do the job, especially if you to go MTR way.
Goodluck
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ras
04-03 01:16 AM
The letter is dated as
Date: Jan 8, 2008
and it mentions at the end
'You must submit the requested information within tweleve(12) weeks from the date of this letter. Failure to do so may result in the denial of your petition.'
so if we count 12 weeks from Jan 8, it is going to be 84 days which is going to finish by April 2nd.
If the RFE response reaches by say this Monday i.e Apr 7th will it be OK?
The reasons for delay are financial adjustments.
He is now going to send the tax returns for 2007 which has been asked.
Date: Jan 8, 2008
and it mentions at the end
'You must submit the requested information within tweleve(12) weeks from the date of this letter. Failure to do so may result in the denial of your petition.'
so if we count 12 weeks from Jan 8, it is going to be 84 days which is going to finish by April 2nd.
If the RFE response reaches by say this Monday i.e Apr 7th will it be OK?
The reasons for delay are financial adjustments.
He is now going to send the tax returns for 2007 which has been asked.
more...
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bigtiger
06-30 05:33 PM
Hi All,
By reading the AILF pdf:
http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf
I get this impression that they primarily mean the "Other Worker" category AOS rejections done in June 2007...I don't know what rules govern that category, but rejections did happen despite visa bulletin indicating current status for that category and AILF is considering this lawsuit. Now they are assuming that this might happen for EB2, EB-3 categories also. Plus we have this $4.4 billion CIR failure theory. There is no document date mentioned in this doc. So, I don't know how AILF is so confident that this will happen for EB2, EB-3 categories, for the rejections of applications has not even happened yet.
By reading the AILF pdf:
http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf
I get this impression that they primarily mean the "Other Worker" category AOS rejections done in June 2007...I don't know what rules govern that category, but rejections did happen despite visa bulletin indicating current status for that category and AILF is considering this lawsuit. Now they are assuming that this might happen for EB2, EB-3 categories also. Plus we have this $4.4 billion CIR failure theory. There is no document date mentioned in this doc. So, I don't know how AILF is so confident that this will happen for EB2, EB-3 categories, for the rejections of applications has not even happened yet.
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Appu
04-08 04:23 PM
Zogby, Time, CNN, ABC news, CBS news to do a poll this way:
Who do you think is right on immigration - the house or the senate?
I bet a majority will say "the senate". That should give the House anti-immigration group some pause.
Right now the house majority is doing very badly in popular polls. With a poll like this, they will learn the wrongness of their ways! Like the senate did in the Schiavo case.
If you do find a poll like this, popularize it by sending it to local news outlets.
Who do you think is right on immigration - the house or the senate?
I bet a majority will say "the senate". That should give the House anti-immigration group some pause.
Right now the house majority is doing very badly in popular polls. With a poll like this, they will learn the wrongness of their ways! Like the senate did in the Schiavo case.
If you do find a poll like this, popularize it by sending it to local news outlets.
more...
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Bpositive
12-08 10:19 PM
by the way, I forgot to mention that I was in India when my GC was adjudicated on Oct 22.
At the immigration POE, I told the officer that my GC was granted while I was away. They took me to a room, I waited for 10 minutes, they checked on their system and later told me that I'm good to enter on GC. I looked at my passport where they had canceled my H1 visa and stamped LPR on the immigration stamp which stands for Legal Permanent Resident.
So, no probs returning to the U.S. I even took the liberty to stand in the GC/ citizen Q at the airport :D
That's very useful feedback....appreciate it.
At the immigration POE, I told the officer that my GC was granted while I was away. They took me to a room, I waited for 10 minutes, they checked on their system and later told me that I'm good to enter on GC. I looked at my passport where they had canceled my H1 visa and stamped LPR on the immigration stamp which stands for Legal Permanent Resident.
So, no probs returning to the U.S. I even took the liberty to stand in the GC/ citizen Q at the airport :D
That's very useful feedback....appreciate it.
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bugmenot
06-08 01:15 AM
well the status quo isn't that bad, is it? Gradually, retrogression will reduce. Now that there is no labor sub, there will be roughly a FIFO system. Plus, no increase in H1B should help the future --- as far as retorgression is concerned. another big plus is that current H1B system is intact. This bill would have driven thousands out of H1B status.
So I say: CIR, RUST in PEACE.
u got it all wrong there, there is goin to be an h1b increase, the business community wants it, they'll get it wether anyone likes it or not and with that will come all those durbin/ron hira amendments and all this will happen b4 the next h1b date so its a matter of time b4 it all happens again
So I say: CIR, RUST in PEACE.
u got it all wrong there, there is goin to be an h1b increase, the business community wants it, they'll get it wether anyone likes it or not and with that will come all those durbin/ron hira amendments and all this will happen b4 the next h1b date so its a matter of time b4 it all happens again
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Domino
04-25 06:46 PM
Thanks man, appreciate your quick response.
Glad to hear you got your visa :) was it hard and strenious?
I do know that the standards for the film & TV industry are tougher, but I think I'll go for the O and not the EB1 which sounds like a lottery.
Best,
Ilan
Well, yes, it was not a fun. I hired somebody and payed around $2000 and the guy send everything without enough documentation and did not write a good essay (actually only halp a page!!). So, of course, they requested additional evidence. Then, I took control and wrote an essay myself (about 10 pages) proving me valuable with supporting evidence materials like awards and local newspapers, programs etc.
Was approved very soon after submitting..
So, get a good attorney (proven to know exactly that kind of stuff) and save yourself TONS of frustrations. Good luck!
Glad to hear you got your visa :) was it hard and strenious?
I do know that the standards for the film & TV industry are tougher, but I think I'll go for the O and not the EB1 which sounds like a lottery.
Best,
Ilan
Well, yes, it was not a fun. I hired somebody and payed around $2000 and the guy send everything without enough documentation and did not write a good essay (actually only halp a page!!). So, of course, they requested additional evidence. Then, I took control and wrote an essay myself (about 10 pages) proving me valuable with supporting evidence materials like awards and local newspapers, programs etc.
Was approved very soon after submitting..
So, get a good attorney (proven to know exactly that kind of stuff) and save yourself TONS of frustrations. Good luck!
qualified_trash
07-10 11:31 AM
she has to get a new H1 and will count against the cap so she has to wait. also time spent on h4 will count towards 6 year total.
amitjoey
06-09 02:29 PM
One of my friend with PD Jul 2001 EB3 India is still waiting for his GC. His name check was cleared 4-5 months back and not sure what he was waiting for.....
India EB3 Jul 2001 is current and he still haS not gotten his card. That Sucks!!. That means, it is still largely your luck!!
India EB3 Jul 2001 is current and he still haS not gotten his card. That Sucks!!. That means, it is still largely your luck!!
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