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  • nomad
    07-12 02:22 AM
    http://www.sacbee.com/110/story/262484.html

    Editorial: Green card fiasco
    Stop mistreating those who play by rules
    -
    Published 12:00 am PDT Monday, July 9, 2007
    If you want to know what's really wrong with our immigration system, consider the July debacle at the Citizen and Immigration Service.

    Individuals and businesses typically have to wait years to apply for "green cards" for permanent residency based on job skills. The backlogs have been so severe that an engineer from India or China has had to wait six years to apply for a green card. In other employment categories, the wait can be nine to 11 years. For people from the Philippines, the wait in some work categories is 22 years.

    But then in the monthly Visa Bulletin issued June 13, the State Department said that employment-based visas would be available.

    This set off a rush among sponsoring businesses and individuals who have waited in line for years to apply for green cards. Thousands prepared applications and mailed them in time for the immigration service to receive them by July 2, the first day of the application window.

    Then on that very day, the State Department issued a "never mind" update, announcing that the 60,000 green cards it had expected to offer would no longer be available. The thousands who submitted applications will have their applications sent back to them.

    As Los Angeles immigration attorney Carl Shusterman said last Tuesday, "We're right back to square one, with scientists, engineers, teachers and health care workers having to wait in endless lines for employment-based visas."

    Rep. Zoe Lofgren, D-San Jose, chairwoman of the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law sent irate letters to the Secretary of State and Secretary of Homeland Security. She said that changing course midmonth is contrary to years of practice, would result in the loss of thousands of dollars already expended by sponsoring businesses and individuals to prepare applications and, more important, would "threaten the integrity and predictability of our immigration system."

    This is no way to treat people who try to play by the rules.

    The Citizenship and Immigration Services Ombudsman notes in his 2007 annual report to Congress that the nation has a "perpetual backlog" of employment-based green card applications. This backlog means that even green cards that should be available aren't used. This contributes to the backlog; if green cards are not issued in the year they are authorized, they are lost.

    In 2006, more than 10,000 employment-based green cards were lost, even though the immigration service had 100,000 to 150,000 applications waiting to be processed. Since 1994, nearly 219,000 employment-based green cards have been lost because the immigration service isn't processing enough applications in a timely manner.

    It gets worse. The funds appropriated by Congress to jumpstart a backlog elimination project expired Sept. 30. The backlog will continue.

    In the long term, this country needs to increase the number of employment-based green cards to meet demand. But if the immigration service cannot even process applications in a timely fashion for the current numbers of employment-based green cards that are supposed to be available, what's the point?

    In the short term, if Congress and the president do nothing else regarding immigration reform, they should at least make sure that the immigration service processes green card applications in timely fashion. The backlog is inexcusable and contributes to the nation's illegal immigration problem. If we want people to play by the rules, we have to make it possible for them to do so.


    --------------------------------------------------------------------------------





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  • nortam1
    09-14 06:27 PM
    I am on the same boat.
    Barrett 10:25am Jul 2nd nothing received.





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  • a_yaja
    03-24 02:12 PM
    Its been over 3 hours now that I informed CapitalOne that the discrimination is illegal. And as expected, no reply received yet.

    First of all, they cannot ask you for you work authorization during the interview process. Second, even during hiring time, they can only ask you if you need sponsorship for H1 or not. If at this point you say no, then they have no business asking you for what kind of work authorization you have (unless the job specifically asks for US citizen or security clearence).

    You should be able to forward the email to the local dept. of labor and also the Attorney General's office. What I don't understand is how TCS is in the picture. Is this a contract job that CapitalOne has outsourced to TCS? If it is, then they still cannot deny you a job because you have EAD. That is clearly discriminatory. All you have to do is show the I-9 form.

    If I were you, I would forward the email to the State Attorney General's office and also to the local DOJ.





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  • sheela
    09-28 07:00 PM
    I doubt the USCIS has any rules regarding processing queue. Some people are waiting 10+ years, others receive approvals in 2 months.

    My understanding on this is - after I-485 uscis works on RD and if your FP/NC is cleared PD is looked at for preference in each category but uscis won't wait guy stuck in nc for 10 yr to make way for your gc. If you are lucky you may get it sooner than you expect



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  • bugsbunny
    04-06 06:13 PM
    It was just a minor adjustment to make room for expenses towards advocacy day.

    Those who came to the advocacy event on April 4th,5th, like me, and saw the amount of money and efforts that go into reserving a conference room in a hotel next to the Capitol Hill for 4 days, printing out thousands of documents, inviting staffers/congressmen for meetings, arranging an elaborate reception for them, preparing advocacy packets for close to 400 meetings etc etc. I am amazed how IV is even able to afford the expenditures with the relatively small number donors that it has.
    Kudos to IV-Core and the volunteers.


    This needs to be advertised on the forums here or on the home page. Most people don't know what IV's expenses are.
    A generic breakdown of costs, without going into specifics, would help members understand the expenses and provide some transparency.
    It may even motivate new members to contribute more :)





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  • nish
    06-12 05:27 PM
    Hi,

    I am currently working in Skilled visa through one of MNC company.I am working for this company for last 4 years and prior to this company i worked in another small company for two years.When I join my current company i provided all the legal document like exp,last two month pay stub and releiving letter and they did BG . They did not find anything wrong with prior employer in last 4 year. recently they found something wrong about my prior employer and asking me providing additional document and unfortunately company is closed or rename. I have told my current employer that i don't have any more evidance of my prior employer.Because of this reason they are asking me to come back india.

    Is there any way that i can take legal action against this company in US because from last one week
    they are harrassing my like anything.

    Please let me know if anyone come across in this situation.



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  • vinayak2008
    01-03 01:56 AM
    Visa Interview on dec 18th at chennai consulate.PIMS checks took 8 working days.Passport received on Jan 3rd.





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  • trueguy
    09-24 04:41 PM
    EB3-I can benefit only if per country cap is removed. Can IV do something to get this done as part of Admin Fix? Otherwise EB3-I will rot in 2001/2002 for next 3 more years.



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  • prashantc
    01-31 07:35 AM
    Dear Vamsi, SVK, NK, Shahuja, Abuddyz, and all eligible visa aspirants:

    I just got an email from the Chennai consulate, 29th day from the interview, stating the visa was stamped today:

    "Thank you for your e-mail.

    Our records show that your visa was issued today, January 31. You
    should be receiving your passport/visa soon.

    Visa Information Unit
    American Consulate General

    Chennai 600006, India
    Telephone: 91 44 2857 4242
    Fax: 91 44 2811 2027

    Website: http://chennai.usconsulate.gov"

    This means there is light at the end of the tunnel. Please have faith in your abilities, and in your God. You will hear back soon.

    Moral of the story: "Never use a Consulate in India for visa re-validation again."

    Please learn from this story, and never again trust Consulates in India for extension purposes.

    God bless you all.:)





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  • nkavjs
    09-25 02:29 PM
    Good idea.. Can we come up with Joint signed E-letter with info and mail it to these guys doing nothing with our 2nd July applications.
    They shd all be flown to Bermuda triangle (ony after they clear our pending applications)



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  • gcgreen
    08-07 02:09 PM
    actually it does matter, right. what happens if the dates retrogress significantly for EB2 again, because of the influx of EB3 to EB2 ports? Then EB2 folks with later priority dates will miss the boat.

    But the question is whether the EB2 folks who are missing out are getting an "unfair" deal. That is debatable.

    Let us assume that EB2 is going to be current in a year or even sooner than that. Given that situation, and arguing that about 500 people jumped ahead into line over you in to EB2 from EB3, still I do not foresee that their GC's will be approved before the people who are already in line, because

    1) as FIFO is not being followed by USCIS, probably they are processing cases based on RD,
    2) PD porting is effectively done at the time the second I-140 IS APPROVED. At I-485 stage you can only hope to PD recapture and cross your fingers after sending a no fee letter. This will surely would need additional scrutiny, hence is not a so called 'Low hanging fruit'. Even if an EB3 person wants to start his process right now, it will not be probably before a year and half to two years before he/she is ready to port, and by that time you are past the gate or significantly nearer.

    so my point of view is if you look at this thing negatively, you would have a Heartburn and related health issues, but if you are positive and an optimist you would deserve what you get.

    stay healthy! that is more important than stressing yourself on issues which in the long term do not matter really. (You will get GC on or two rears later in the worst case scenario). cheer up folks:D:D:D





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  • Marphad
    11-19 11:52 AM
    Will send this weekend.

    two more people to reach 100.
    Please, send the letters.
    Thank you.
    GCCovetl



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  • CADude
    09-20 03:20 PM
    doing something is better than nothing... Please send fax that will be more effective than email (my experience). Anyway wait continue...... :)

    I just email senator Evan Bayh, Congressmen Dan burton and USCIS complaint dept.
    Thanks for all your help





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  • Irs
    04-01 01:11 AM
    Sathesh,

    According to the below websites, seems it is the Immigrant's Final application and processing fee(and seems like your immigrant visa has been approved by USCIS*** according to http://www.americanlaw.com/consul_iv.html

    "In April of 1994, DOS opened the NVC, a permanent immigrant visa processing facility in Portsmouth, NH. NVC processes all approved immigrant petitions that it receives from USCIS. NVC will retain the petitions until the cases are ready for adjudication by a consular officer abroad. When an applicant's case is about to become current, the petition is forwarded to the appropriate U.S. embassy or consulate overseas. " ***

    ***from http://www.americanlaw.com/consul_iv.html

    http://amsterdam.usconsulate.gov/iv_fees.hml



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  • gvenkat
    09-23 08:31 PM
    What stops USCIS is the per country cap. They can only issue so many visas to EB-3 I.

    What is the per country cap for India?





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  • knsgsuresh
    11-04 11:47 AM
    I-485 Employment-Based Inventory does it include Spouse applications also

    CAN Some Senior members clarify my doubts:
    ==================================
    USCIS release I-485 Employment-Based Inventory countyr wise. Is this Numbers listed every year for the Employment based category include applications filled for Spouse also?

    If it is not included then we need to take in to account that for every 485 application we will bare minimum have 1 spoude 485 application that requires VISA Number.

    Link from USCIS:

    http://www.uscis.gov/USCIS/New%20Str...%20Reports.pdf



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  • pappu
    11-19 07:55 PM
    This is the reply from Attorney Murthy on a question asked on Murthy chat about filing two employment based I-485's for the same beneficiary (not the husband/wife situation).


    "Generally it is safer not to file 2 separate 485s since it can confuse USCIS since they may assign two separate Alien or A numbers to the same person. This could end up delaying the person's I-485 approval down the road or create a security delay in many cases with multiple I-485s generally we recommend one case to be filed as an AOS and the other for CP if possible."


    After much research on this, I tend to agree with this answer above (not the CP part though). As per my latest information from a lawyer who does multiple filings, the processing delay can be significant due to this. Looking back, wish our community had more information on this and more real examples of people who have done it. It would have helped members who were unsure if they should do multiple filings.

    Anyways this thread will be useful for future I485 filers.





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  • appas123
    08-17 07:10 AM
    Friends, IV�ians and fellow sufferers,

    Today we received our physical Green card; 63 years since my motherland got her freedom I got mine. Its been a long journey and I am glad that I can shut this chapter and go on to the next..
    First of all let me tell you that the mail that you get the card is as incognito as they come. Its not in the USCIS envelope, looks almost like a credit card offer. Wife was almost going to shred it but felt the card and opened it :). Its actually green. With the date of birth mentioned a gazillion times. Magnetic strip, hologram and all that kind of jazzy stuff. I have no freaking clue where they got the picture from, its not what I submitted with the I485. It should be the one they took while finger printing in 2007.

    Finally I popped the cork off a bottle of Champagne that I have been saving for this occasion and have taken more than a few morsel sips of the bubbly. (please pardon any excesses I might make in this post :D). Now I can chart out my career as I want to with no constraints to cap my potential. I can attain full self actualization in whatever I decide to do and also hopefully contribute more to society both here in my karma bhoomi and back in India my janma bhoomi.

    If I may paraphrase Jawaharlal Nehru � when the world sleeps (its 12:45AM eastern); I awaken� !!
    I have contributed both financially and with my time to IV. I will continue to do so. I wish all of you the very best and hope the ones waiting in get their GC soon. Keep the faith.
    Smisachu,
    I am happy for you. The process indeed takes an emotional toll on us. Thanks for the heads up about the type of mail. I will be careful to watch out for "credit card offer" type snail mails.





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  • krishnam70
    01-14 01:41 PM
    For those wanting to personalize it a little bit.


    The Honorable George W. Bush
    President of the United States
    The White House
    1600 Pennsylvania Avenue NW
    Washington, DC 20510

    Dear Mr. President:

    I write today to urge you to fix America’s broken legal employment-based immigration system. Currently, more than 500,000 skilled individuals who contribute to the American economy through their hard work in high technology, scientific research, medicine and other fields find themselves trapped in a process that is hopelessly backlogged. If nothing is done, hundreds of thousands of immigrants will wait years or even decades in a process that was never intended to take so long. While comprehensive change will require legislative action, your administration can implement administrative remedies to improve America’s competitiveness, eliminate bureaucratic inefficiencies, and improve our quality of life.

    <insert personal blurb here>

    Attracting and retaining the best and brightest minds from around the world is in America’s best interest. In February 2006, your Domestic Policy Council issued a report on the American Competitiveness Initiative that recognized the importance of employment-based immigration. The report stated:

    “The President also recognizes that enabling the world's most talented and hardest-working individuals to put their skills to work for America will increase our entrepreneurship and our international competitiveness, and will net many high-paying jobs for all Americans. The United States benefits from our ability to attract and retain needed immigrant and non-immigrant students and workers, and it is important that America remains competitive in attracting talented foreign nationals.”

    You can advance your stated objective by making common-sense administrative reforms to fix a system that is clearly broken.

    Implementing much-needed reforms will also free government resources to focus on pressing national security matters. For example, current rules require the Department of Homeland Security to renew the Employment Authorization Documents (EADs) of hundreds of thousands of legal immigrants each year as those immigrants wait for green cards and permanent residency in the U.S. Rather than renew these EADs annually, the government could renew these documents every three years, freeing countless hours that could be better spent serving the Department’s mission.

    The greatest impact of the broken green card process is borne by the legal immigrants and their families. The more than half million highly-skilled legal immigrants already working productively in the United States find themselves trapped in a system that is taking years longer than intended. During this wait for a green card, these immigrants remain trapped in a legal maze, unable to change jobs – even within the same employer – without starting the arduous immigration process over again, and subject to waits that grow longer and longer.

    We implore you to exercise your authority to implement administratively these much-needed reforms.

    • Recapture administratively the unused visas for permanent residency to fulfill the congressional mandate of 140,000 green cards per year.

    • Revise the administrative definition of “same or similar” to allow slight additional job flexibility for legal immigrants awaiting adjudication of adjustment of status (I-485) petitions.

    • Allow filing of Adjustment of Status (Form I-485) when a visa number is not available.

    • Implement the existing interim rule to allow issuance of multi-year Employment Authorization Documents (EAD) and Advance Parole.

    • Allow visa revalidation in the United States.

    • Reinstate premium processing of Immigrant Petitions.

    I urge you to implement these administrative remedies without delay. Action is urgently needed to fulfill your stated goal of attracting and retaining highly-skilled legal immigrants from around the world, eliminating bureaucratic inefficiency, and improving the lives of future Americans already living and working legally in the United States.

    Thank you for your attention to this matter.

    Respectfully,

    Why not an interim AP or ability to travel using Original AP receipt before the actual AP arrives? The AP issue does cause a lot of disruptions in planned vacations or also in cases of unplanned emergencies.

    Sending my Letters today.. written and stamped up





    cse_us
    03-25 03:50 PM
    Kaiser started this new rule to not hire folks on EADs as of last week.
    I thought, this may be the work of various vendors who fear of losing lot of their employees jumping to the Client as Full time employees. Dont know actual reason yet.





    mrsr
    06-27 10:33 PM
    I think this what uscis says

    NOTE: If using overnight delivery by any private service provider, send your package to:

    USCIS

    Nebraska Service Center

    850 S Street

    P.O. Box (Insert Correct P.O. Box Number)

    Lincoln, NE 68508

    Be sure to include the appropriate P.O. Box number on the shipping label



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