jetguy777
07-29 12:16 PM
This is Ron Gotcher's view. I am not advocating his position just posting for the benefit of IV members who may have not read his post regarding forward movement in EB2-India.
Some thoughts on India E2 movement over the next two months.
More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.
Even with a cutoff date in early 2003, the CIS has sufficient inventory of Indian E2 adjustments on file to use up the remaining inventory of E2 visas for this fiscal year. The reason that the Visa Office advanced the priority date is to move it up to the point where overseas consular posts can take up the slack left by the CIS's inability to close out enough cases and avoid wasting visas this year.
The CIS inventory of pending cases is massive. If there were no quota at all - if everyone were suddenly "current" - and no new cases were filed after today, it would still take the CIS four to five years to close out all of the pending cases that they already have in their inventory.
Overseas consular posts maintain inventories of cases as well. When the priority date for a particular case starts to edge forward and it appears that the applicant may become "current' in the not too distant future, the applicant is told to submit all required supporting documents to the post or the NVC. When this is done, the applicant is reported to the Visa Office as being "documentarily qualified." This means that the case is in a position where an immigrant visa can be issued to the applicant as soon as a visa number becomes available.
The inventory of documentarily qualified cases with current priority dates at a consular post never exceeds that post's ability to process all such cases within sixty days. Consular posts have very high bandwidth processing capabilities. No matter how many cases become current, they are able to process all of them within sixty days.
The reason that the Indian E2 cutoff date has moved forward is that the Visa Office fears that the CIS will not be able to adjudicate enough adjustment of status applications to exhaust the annual quota. They have advanced the cutoff date in order to make more cases overseas eligible for final processing.
This means that overseas consular posts have exhausted their inventories of Indian E2 cases with priority dates earlier than 2006 and the Visa Office had to move the cutoff date forward in order to make more cases eligible to be closed out.
This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.
Please understand that this is a temporary phenomenon and due entirely to the difference in the processing capabilities of the CIS and the overseas consular posts.
I hope this clarifies matters.
Some thoughts on India E2 movement over the next two months.
More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.
Even with a cutoff date in early 2003, the CIS has sufficient inventory of Indian E2 adjustments on file to use up the remaining inventory of E2 visas for this fiscal year. The reason that the Visa Office advanced the priority date is to move it up to the point where overseas consular posts can take up the slack left by the CIS's inability to close out enough cases and avoid wasting visas this year.
The CIS inventory of pending cases is massive. If there were no quota at all - if everyone were suddenly "current" - and no new cases were filed after today, it would still take the CIS four to five years to close out all of the pending cases that they already have in their inventory.
Overseas consular posts maintain inventories of cases as well. When the priority date for a particular case starts to edge forward and it appears that the applicant may become "current' in the not too distant future, the applicant is told to submit all required supporting documents to the post or the NVC. When this is done, the applicant is reported to the Visa Office as being "documentarily qualified." This means that the case is in a position where an immigrant visa can be issued to the applicant as soon as a visa number becomes available.
The inventory of documentarily qualified cases with current priority dates at a consular post never exceeds that post's ability to process all such cases within sixty days. Consular posts have very high bandwidth processing capabilities. No matter how many cases become current, they are able to process all of them within sixty days.
The reason that the Indian E2 cutoff date has moved forward is that the Visa Office fears that the CIS will not be able to adjudicate enough adjustment of status applications to exhaust the annual quota. They have advanced the cutoff date in order to make more cases overseas eligible for final processing.
This means that overseas consular posts have exhausted their inventories of Indian E2 cases with priority dates earlier than 2006 and the Visa Office had to move the cutoff date forward in order to make more cases eligible to be closed out.
This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.
Please understand that this is a temporary phenomenon and due entirely to the difference in the processing capabilities of the CIS and the overseas consular posts.
I hope this clarifies matters.
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bobzibub
07-10 11:48 AM
My wife suggested the same thing about an hour ago after getting our lawyer's visa bill for my worthless 485 application. (#$#$%you very much US government!)
It is much better to run to something than run from something. But maybe it is time.
It is much better to run to something than run from something. But maybe it is time.
swamy
12-13 01:14 PM
Here's the percentages of the top 10 populations of the world by nationality. How many of them are more than 7% ?
China 20.0 %
India 17.2 %
United States 4.6 %
Indonesia 3.4 %
Brazil 2.8 %
Pakistan 2.6 %
Nigeria 2.5 %
Russia 2.2 %
Bangladesh 2.1 %
Japan 2.0 %
Based on this one can conclude that the 7% nationality rule is a veiled effort to limit Indian and Chinese immigrants specifically. Does this not amount to discrimination by nationality ? In addition we as legal immigrants are taxed without any representation. Taxation without representation was the reason the US was created in the first place.
US history is full of examples where discrimination existed in one form or another and these discriminations were sucessfully challenged. A few examples are women's voting rights, minority voting rights and gerrymandering. These are good examples to study where the affected people had no legal voice to begin with.
The civil rights movement is a recent example. There were existing laws that limited people from voting based on their literacy levels in the southern states. The literacy requirement for voting was really a thinly veiled attempt to limit voting rights of african americans for as long as possible. The civil rights movement was about changing these artificial laws to give voting rights to people who legally had no voice.
http://www.usdoj.gov/crt/voting/intro/intro_c.htm
You don't need to be a lawyer to speak up for your hardships as a law abiding resident. This country has tremendous protections for people living here which is what makes it great. We as an immigrant community need to build our awareness of US history and government if we expect things to change.
I kind of agree. Sometimes laws are just thinly veiled attempts to discriminate and at other times they just didn't foresee it becoming discriminatory. Given the it was written by Sen. Kennedy, I doubt it was a deliberate attempt to choke Indians or anyother national. It was just a poorly thought out & unnecessary restriction. Even the ceiling was just to appease fearmongers. Given people wont be offered jobs if there aren't any, wheres the need for a ceiling if existing labor laws on bidding down wages are enforced(which are by the way). For two years in a row, H1 quota wasn't used precisely because of that. & if H1 is the first step, theres an even stronger argument for doing away with EB quotas- but given the current environment obviously fearmongers rule (so we're the one 'acquiescing' Lou). I think we should make the case but as Mark pointed out its costly and not the best strategy for us.
China 20.0 %
India 17.2 %
United States 4.6 %
Indonesia 3.4 %
Brazil 2.8 %
Pakistan 2.6 %
Nigeria 2.5 %
Russia 2.2 %
Bangladesh 2.1 %
Japan 2.0 %
Based on this one can conclude that the 7% nationality rule is a veiled effort to limit Indian and Chinese immigrants specifically. Does this not amount to discrimination by nationality ? In addition we as legal immigrants are taxed without any representation. Taxation without representation was the reason the US was created in the first place.
US history is full of examples where discrimination existed in one form or another and these discriminations were sucessfully challenged. A few examples are women's voting rights, minority voting rights and gerrymandering. These are good examples to study where the affected people had no legal voice to begin with.
The civil rights movement is a recent example. There were existing laws that limited people from voting based on their literacy levels in the southern states. The literacy requirement for voting was really a thinly veiled attempt to limit voting rights of african americans for as long as possible. The civil rights movement was about changing these artificial laws to give voting rights to people who legally had no voice.
http://www.usdoj.gov/crt/voting/intro/intro_c.htm
You don't need to be a lawyer to speak up for your hardships as a law abiding resident. This country has tremendous protections for people living here which is what makes it great. We as an immigrant community need to build our awareness of US history and government if we expect things to change.
I kind of agree. Sometimes laws are just thinly veiled attempts to discriminate and at other times they just didn't foresee it becoming discriminatory. Given the it was written by Sen. Kennedy, I doubt it was a deliberate attempt to choke Indians or anyother national. It was just a poorly thought out & unnecessary restriction. Even the ceiling was just to appease fearmongers. Given people wont be offered jobs if there aren't any, wheres the need for a ceiling if existing labor laws on bidding down wages are enforced(which are by the way). For two years in a row, H1 quota wasn't used precisely because of that. & if H1 is the first step, theres an even stronger argument for doing away with EB quotas- but given the current environment obviously fearmongers rule (so we're the one 'acquiescing' Lou). I think we should make the case but as Mark pointed out its costly and not the best strategy for us.
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mps
08-18 06:46 PM
he should be thankful to Indian Embassy... just imagine what would have happened to him if he was from a country west of India :-)
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roseball
07-10 11:48 AM
how long did it take you get your canadian PR adn when did u apply? please share
I replied to your pm....
I replied to your pm....
Lasantha
12-14 04:41 PM
If that were the case then the rest of us must be equlally skeptical of your ideas since you yourself hail from an oversubscribed country. :cool:
All you need to do is listen to the idea with an open mind and see if that makes sense. Obviously the ppl from oversubscribed countries would love to see these restrictions removed (and I can understand that) but please also keep in mind that the people from ROW will think twice about supporting such a move if it's done without other provisions like increasing the total quota, visa recapture, excluding dependents and faster processing times.
On the other hand if you are from "ROW" then all your attempts to kill this ideas will make me understand how scared you are of this idea and hence how good this idea really is. :)
All you need to do is listen to the idea with an open mind and see if that makes sense. Obviously the ppl from oversubscribed countries would love to see these restrictions removed (and I can understand that) but please also keep in mind that the people from ROW will think twice about supporting such a move if it's done without other provisions like increasing the total quota, visa recapture, excluding dependents and faster processing times.
On the other hand if you are from "ROW" then all your attempts to kill this ideas will make me understand how scared you are of this idea and hence how good this idea really is. :)
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AllVNeedGcPc
07-03 11:11 AM
Deleted personal info as "Question was never answered"
2010 (2010) kate
gcisadawg
05-01 06:02 PM
And who told you that they are being opressed - have you been to Sri Lanka and if yes which places did you visit to see the Tamils being opressed .
The terrorists who come to fight in J&K from Pak say they are fighting because Indian Army and govt is opressing the Muslims . Is that true also ?
Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.
I think your fear is that if you accept the argument that SL Govt is oppressing the Tamil minority, then by default, you would be *forced* to accept the argument that Indian govt is oppressing Kashmiris. It is an apples vs oranges comparison. The situation that is happening in SL is nowhere near anything that had happened in India. I like to see LTTE wiped out completely. BUT the real question is, would that result in equal rights for SL tamil citizens? Let us wait and watch ( without actively intervening) while the people for whom this war is fought perish one by one. Rajapakhse has termed this war as liberating Tamils from the clutches of LTTE. Instead, it seems like, he is liberating people from their earthly life.
To be a fair judge, one should visit both Tamil leaning websites and defense.lk to get both sides of the story. It is suicidal to make a judgment from those flashy videos at defense.lk alone!
The terrorists who come to fight in J&K from Pak say they are fighting because Indian Army and govt is opressing the Muslims . Is that true also ?
Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.
I think your fear is that if you accept the argument that SL Govt is oppressing the Tamil minority, then by default, you would be *forced* to accept the argument that Indian govt is oppressing Kashmiris. It is an apples vs oranges comparison. The situation that is happening in SL is nowhere near anything that had happened in India. I like to see LTTE wiped out completely. BUT the real question is, would that result in equal rights for SL tamil citizens? Let us wait and watch ( without actively intervening) while the people for whom this war is fought perish one by one. Rajapakhse has termed this war as liberating Tamils from the clutches of LTTE. Instead, it seems like, he is liberating people from their earthly life.
To be a fair judge, one should visit both Tamil leaning websites and defense.lk to get both sides of the story. It is suicidal to make a judgment from those flashy videos at defense.lk alone!
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panini
05-11 04:11 PM
This is totally correct!!!
Also I would like to ask the posters here who say that SL tamils are discrimanated, can you please post the things that a SL Tamil is NOT allowed to do in Sri Lanka that a Sinhalese is allowed. I am curious to know what they are. :D
War is in the northern and eastern provinces. Sinhala and Muslims were driven out of this area by the LTTE. Tamils live all over the country. Tamils lead regular life in other areas of the country that's not succumbed to the war, this includes the capital, colombo. They conduct business, attend universities/schools, they lead a regular life just like any other sinhala or muslims. Tamils lead prosperous lives in other parts than the north and east. The reason they can't live in the north or east is due to their own LTTE, the group that was supposed to liberate tamils.
If there's ethnic cleansing or genocide against tamils, Sinhala and muslim people should be killing tamils all over the country. This is not case in Sri Lanka. I have tamil friends and classmates, we went to school together. How come there are tamil ministers in the parliament. Parliment members Lakshman Kadirgamar and Jeyaraj Fernandopulle both tamils and were killed by the LTTE not the gov. How can this be ethnic cleansing?
Also I would like to ask the posters here who say that SL tamils are discrimanated, can you please post the things that a SL Tamil is NOT allowed to do in Sri Lanka that a Sinhalese is allowed. I am curious to know what they are. :D
War is in the northern and eastern provinces. Sinhala and Muslims were driven out of this area by the LTTE. Tamils live all over the country. Tamils lead regular life in other areas of the country that's not succumbed to the war, this includes the capital, colombo. They conduct business, attend universities/schools, they lead a regular life just like any other sinhala or muslims. Tamils lead prosperous lives in other parts than the north and east. The reason they can't live in the north or east is due to their own LTTE, the group that was supposed to liberate tamils.
If there's ethnic cleansing or genocide against tamils, Sinhala and muslim people should be killing tamils all over the country. This is not case in Sri Lanka. I have tamil friends and classmates, we went to school together. How come there are tamil ministers in the parliament. Parliment members Lakshman Kadirgamar and Jeyaraj Fernandopulle both tamils and were killed by the LTTE not the gov. How can this be ethnic cleansing?
hair Style Post - Kate Moss
mbawa2574
02-16 12:14 PM
dear Bestia, I don't recall anyone calling the situation you described racism. I for one said it's human nature's favorism and, like it or not, it does jeopordize diversity, so you will have a hard time convincing US to let go something it wants for the sake of something else just because it's better for you.
Please note that I did not start this discussion and I hate it as much as you, but the ones who started it did so by repeatedly saying that the disproportionate indian chinese lines here are mainly because they are 1- better and brighter than the rest of us 2- more marketable than us 3- more educated than us 4- all of the above
can't you see the blatant racism in these explanations and my right as an ROW to be offended by them? I never intended to run down the indians and chinese when i say that no these are not the reasons, we all have equal skills and that the real reasons are the higher population of india and china and the skewed methods of bodyshops..
i'll stop responding to the other idiot who has nothing but insults and conspiracy theories instead of real arguments, someone doesn't realize that 90% of IV members did not attend the rally, yes throw that in their faces and ask them to leave whenever you run out of idiotic arguments. really pathetic!
You are a racist b* who just thinks about yourself and you have been planted here by other camp. U must have come out of some gutter country where democracy has no meaning and you don't know meaning of majority. You are favoring an agenda because it is good for you today. get the hell of this website. You don't belong here you racist bigot. May be we will need to track your ip address and throw you from here at some point of time.You hate Indians and Chinese and come back to IV where we have majority. This is not going to happen.
Please note that I did not start this discussion and I hate it as much as you, but the ones who started it did so by repeatedly saying that the disproportionate indian chinese lines here are mainly because they are 1- better and brighter than the rest of us 2- more marketable than us 3- more educated than us 4- all of the above
can't you see the blatant racism in these explanations and my right as an ROW to be offended by them? I never intended to run down the indians and chinese when i say that no these are not the reasons, we all have equal skills and that the real reasons are the higher population of india and china and the skewed methods of bodyshops..
i'll stop responding to the other idiot who has nothing but insults and conspiracy theories instead of real arguments, someone doesn't realize that 90% of IV members did not attend the rally, yes throw that in their faces and ask them to leave whenever you run out of idiotic arguments. really pathetic!
You are a racist b* who just thinks about yourself and you have been planted here by other camp. U must have come out of some gutter country where democracy has no meaning and you don't know meaning of majority. You are favoring an agenda because it is good for you today. get the hell of this website. You don't belong here you racist bigot. May be we will need to track your ip address and throw you from here at some point of time.You hate Indians and Chinese and come back to IV where we have majority. This is not going to happen.
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shensh
02-15 11:33 AM
No, the intention behind the 7% limit is to protect levels of European immigration and address racist fears of immigration from the 3rd world. This was also the intent behind the diversity lottery - notice the consternation that the diverisity lottery is primarily benefiting non-Europeans.
What is the basis of your claim my friend? What is the "racist fears of immigration from the 3rd world"? Do you know that "traditional" European country such as UK is not even qualified for Diversity visa?
Please do not spread fear based on your narrow understanding of the law. UN is right in pointing out that every law has and should have an equalizer.
Please read this from US Dept of State:
"Diversity visas are intended to provide an immigration opportunity for persons from countries other than the countries that send large numbers of immigrants to the U.S. The law states that no diversity visas shall be provided for natives of "high admission" countries. The law defines this to mean countries from which a total of 50,000 persons in the Family-Sponsored and Employment-Based visa categories immigrated to the United States during the period of the previous five years. Each year, the USCIS adds the family and employment immigrant admission figures for the previous five years in order to identify the countries whose natives will be ineligible for the annual diversity lottery."
What is the basis of your claim my friend? What is the "racist fears of immigration from the 3rd world"? Do you know that "traditional" European country such as UK is not even qualified for Diversity visa?
Please do not spread fear based on your narrow understanding of the law. UN is right in pointing out that every law has and should have an equalizer.
Please read this from US Dept of State:
"Diversity visas are intended to provide an immigration opportunity for persons from countries other than the countries that send large numbers of immigrants to the U.S. The law states that no diversity visas shall be provided for natives of "high admission" countries. The law defines this to mean countries from which a total of 50,000 persons in the Family-Sponsored and Employment-Based visa categories immigrated to the United States during the period of the previous five years. Each year, the USCIS adds the family and employment immigrant admission figures for the previous five years in order to identify the countries whose natives will be ineligible for the annual diversity lottery."
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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,
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Picasa
07-30 02:15 PM
Are you a Amway leech too?
Here is a definition of Amway (and psaxena)
An organism that lives in or on and takes its nourishment from another organism. A Amway leech(and psaxena)cannot live independently.
Amway (and psaxena) diseases include infections by protozoa, helminths, and arthropods
Wait a min , how much had you?? Your status is Member and Kaushal's is a Donor.. wait a min let me think who is donating and who is a FREELOADER here.
The guy is doing something to make his life better, atleast making an attempt to do something better, why do you losers are trying to demotivate and shoot him down.
No work is small or big , good or bad , work is work.. you wanna do it , just do it , else walk to out. Do not exhibit the desi attitude "I won't do it as what someone will say and also do not let any one else do it." Grow up.
Here is a definition of Amway (and psaxena)
An organism that lives in or on and takes its nourishment from another organism. A Amway leech(and psaxena)cannot live independently.
Amway (and psaxena) diseases include infections by protozoa, helminths, and arthropods
Wait a min , how much had you?? Your status is Member and Kaushal's is a Donor.. wait a min let me think who is donating and who is a FREELOADER here.
The guy is doing something to make his life better, atleast making an attempt to do something better, why do you losers are trying to demotivate and shoot him down.
No work is small or big , good or bad , work is work.. you wanna do it , just do it , else walk to out. Do not exhibit the desi attitude "I won't do it as what someone will say and also do not let any one else do it." Grow up.
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07-03 04:29 PM
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grupak
12-14 04:48 PM
Simple. If it wasn't for that ceiling the vast majority of the visas will go to applicants from the oversubscribed countries. Now this is not a bad thing if the visas are in unlimited supply. But since that's not the case, the country ceiling ensures that even people from smaller nations will get an equal oportunity to claim a visa before all the visa are grabbed by their BIG brothers and sisters. And what's more what ever is left is given back to the oversubscribed countries.
How can you call that unfair? Is it fair to deprive a person from a smaller country, equal chance to have go at his GC?
In the current situation, removing the country limit is not a solution because almost everyone is backlogged. On the other hand increasing the total number of GC even by a factor of 2 might not be the solution either because countries like China, India, Mexico and Philippines will likely still be backlogged.
IV is for everyone. Its not just for Indians only, and that is what I believe in. To help everyone, IV is pushing both increasing the total number and also increasing the per country limit. As I explained both of these have to go together otherwise it does not help.
How can you call that unfair? Is it fair to deprive a person from a smaller country, equal chance to have go at his GC?
In the current situation, removing the country limit is not a solution because almost everyone is backlogged. On the other hand increasing the total number of GC even by a factor of 2 might not be the solution either because countries like China, India, Mexico and Philippines will likely still be backlogged.
IV is for everyone. Its not just for Indians only, and that is what I believe in. To help everyone, IV is pushing both increasing the total number and also increasing the per country limit. As I explained both of these have to go together otherwise it does not help.
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yabadaba
07-04 08:52 AM
I am writing to you to ask for your support is covering one of the news item that seems to have been buried because the people impacted are Americans of the future and are not a vocal constituency.
Skilled immigrants like Doctors, Engineers & Scientists have been paying all the taxes, following all the laws of the land and have been stuck in huge wait period of 3- 7 years to obtain green card.
On 13th of June 07, USCIS announced that all these people stuck for years can apply for the green card starting 2nd July 07. Everyone spent 2 weeks & $3000 per person at the minimum towards Attorney fees, medical tests & other non-recoverable direct costs prepared the application and started to send it to USCIS starting 2nd July 07.
In an unusual act of absolute disregard to the hardships and financial loss of these applicants, USCIS announced on the morning of 2nd July 07 that they will not accept any application for green card.
A COMPLETE REVERSAL OF THEIR EARLIER POLICY THAT HAS 50 YEARS OF PRECEDENT.
During the immigration debate you covered groups like NumbersUSA that have restrictionist agenda. The rallying cry for all anti immigrants was for people to come legally. We have come here legally but are mired in the bureaucratic road block because no one from the 4th estate holds their feet to the fire.
Currently, Congresswoman Zoe Lofgren has asked Secretary Rice and Secretary Chertoff for answers. A number of lawyers have claimed this is tantamount to a scandal at USCIS since they have not followed the law. American Immigration Lawyers Association is in the process of filing a class action lawsuit.
The media is the only voice for us to reach the law makers and the American public. During the comprehensive immigration reform we kept hearing that we need to have a national debate on immigration. We are here. We are suffering. We are waiting. Would not a debate on legal immigrants we a good place to start?
Links for your research
http://www.nytimes.com/2007/07/04/us/04visas.html
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html
http://www.usimmlaw.com/current_information.htm
http://www.immigrationvoice.com
Thanks
Regards
yabadaba
Skilled immigrants like Doctors, Engineers & Scientists have been paying all the taxes, following all the laws of the land and have been stuck in huge wait period of 3- 7 years to obtain green card.
On 13th of June 07, USCIS announced that all these people stuck for years can apply for the green card starting 2nd July 07. Everyone spent 2 weeks & $3000 per person at the minimum towards Attorney fees, medical tests & other non-recoverable direct costs prepared the application and started to send it to USCIS starting 2nd July 07.
In an unusual act of absolute disregard to the hardships and financial loss of these applicants, USCIS announced on the morning of 2nd July 07 that they will not accept any application for green card.
A COMPLETE REVERSAL OF THEIR EARLIER POLICY THAT HAS 50 YEARS OF PRECEDENT.
During the immigration debate you covered groups like NumbersUSA that have restrictionist agenda. The rallying cry for all anti immigrants was for people to come legally. We have come here legally but are mired in the bureaucratic road block because no one from the 4th estate holds their feet to the fire.
Currently, Congresswoman Zoe Lofgren has asked Secretary Rice and Secretary Chertoff for answers. A number of lawyers have claimed this is tantamount to a scandal at USCIS since they have not followed the law. American Immigration Lawyers Association is in the process of filing a class action lawsuit.
The media is the only voice for us to reach the law makers and the American public. During the comprehensive immigration reform we kept hearing that we need to have a national debate on immigration. We are here. We are suffering. We are waiting. Would not a debate on legal immigrants we a good place to start?
Links for your research
http://www.nytimes.com/2007/07/04/us/04visas.html
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html
http://www.usimmlaw.com/current_information.htm
http://www.immigrationvoice.com
Thanks
Regards
yabadaba
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bajrangbali
05-01 02:16 PM
Guys..as many of you have heard..Sri Lankan government has led an offensive against LTTE over the past few weeks and both sides have accused each other of killing civilians. And all countries have called for restraint on both sides and stop killing civilians.
UN confidential report which came to light shows the SL government bombing the safe-zone they allocated for civilians since the offensive began. For the first time, besides each side accusing each other of the civilian killings there is some proof regarding who has done what.
It is a shame India does not act to protect the interests of its citizens even after this news came up.
We may be busy with our own issues here..economy, immigration, family, job-stress...the least we can do is bringing to light what is happening to fellow Indians elsewhere in the world..
No politics can justify killing of innocent people...if congress and India can not get over themselves and help fellow Indians..the day we can claim to be atleast a regional power if very far away. Heck, even USA is trying harder than India by using its muscle to block billions of dollars of IMF funds to SL for not caring about ceasefire.
http://www.timesonline.co.uk/tol/news/world/asia/article6206708.ece
UN confidential report which came to light shows the SL government bombing the safe-zone they allocated for civilians since the offensive began. For the first time, besides each side accusing each other of the civilian killings there is some proof regarding who has done what.
It is a shame India does not act to protect the interests of its citizens even after this news came up.
We may be busy with our own issues here..economy, immigration, family, job-stress...the least we can do is bringing to light what is happening to fellow Indians elsewhere in the world..
No politics can justify killing of innocent people...if congress and India can not get over themselves and help fellow Indians..the day we can claim to be atleast a regional power if very far away. Heck, even USA is trying harder than India by using its muscle to block billions of dollars of IMF funds to SL for not caring about ceasefire.
http://www.timesonline.co.uk/tol/news/world/asia/article6206708.ece
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jetguy777
07-22 11:23 AM
Theres no argument about EB2 retrogression. It will retrogress defenitely in the next few bulletins. But the retrogression would be mild one and that would be there only for a VERY SHORT SPAN of time. After that the cut off dates would run like to reach the CURRENT.
Vdlrao
Appreciate your thoughtful and encouraging posts. Continuing with Ron Gotcher's line of reasoning:
"It is worth mentioning that the CIS has never adjudicated more than 85,000 EB AOS cases in a single fiscal year - though this year it is possible they may process as many as 110,000 if they go all out. Keep this fact, together with the size of the backlog, in mind when trying to estimate how long it will take them to get to your case when your priority date becomes current."
How do you reconcile USCIS productivity with the number of visas that are available? In other words, although there may be sufficient numbers available to move the priority dates forward in the next fiscal year, USCIS can only adjudicate a limited number of cases per year.
Vdlrao
Appreciate your thoughtful and encouraging posts. Continuing with Ron Gotcher's line of reasoning:
"It is worth mentioning that the CIS has never adjudicated more than 85,000 EB AOS cases in a single fiscal year - though this year it is possible they may process as many as 110,000 if they go all out. Keep this fact, together with the size of the backlog, in mind when trying to estimate how long it will take them to get to your case when your priority date becomes current."
How do you reconcile USCIS productivity with the number of visas that are available? In other words, although there may be sufficient numbers available to move the priority dates forward in the next fiscal year, USCIS can only adjudicate a limited number of cases per year.
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Winner
09-23 01:36 PM
Has anybody really tried to get a mortgage recently? I have been denied by 8 lenders so far simply because I don't have a green card. Most lenders have tightened their underwriting guidelines. They will give mortgages only to U.S.Citizens or somebody who is a permanent resident aka having a green card. There are very very few lenders who will give mortgages to somebody on a visa and the rates may not be very favorable.
I used www.MemberhomeLoan.com
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PlainSpeak
01-14 12:42 PM
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_TrueFacts
09-03 11:48 PM
Wow supporting to your own alias comments... And on top of it creating multiple IDs to increase your reputation.
Is this not how you break the system????....This is called Corruption my friend....
I can't help myself Laugh the hell out your stupid behavior of yours....LOL
This is not your YSR's factionist land to be afraid off. Same id or not, you can't pick a hair.
Is this not how you break the system????....This is called Corruption my friend....
I can't help myself Laugh the hell out your stupid behavior of yours....LOL
This is not your YSR's factionist land to be afraid off. Same id or not, you can't pick a hair.
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