immm
07-07 01:45 PM
(Admins, please delete this thread if already covered)
http://www.mercedsunstar.com/opinion/story/13765761p-14347307c.html
Our View: Feds play games with immigrants
They said they had an abundance of green cards and then rescinded the offer in a matter of weeks.
Last Updated: July 7, 2007, 03:16:02 AM PDT
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 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.
http://www.mercedsunstar.com/opinion/story/13765761p-14347307c.html
Our View: Feds play games with immigrants
They said they had an abundance of green cards and then rescinded the offer in a matter of weeks.
Last Updated: July 7, 2007, 03:16:02 AM PDT
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 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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seekerofpeace
08-22 02:25 PM
Any specifics on the interview? Were you asked any documents to submit? Was the interview for both the applicant and the dependent?
SoP
SoP
doshhar
09-24 11:37 PM
I am a July 2nd filler and I didn't get any updates yet.
My I-140 got approved from Texas center and my LUD is 08/05.
What are we trying to analyze here?
My I-140 got approved from Texas center and my LUD is 08/05.
What are we trying to analyze here?
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sankap
07-20 02:38 PM
So, if your dependent has been on H-4 and used some document as proof of marriage, how would you account for two different dates--one for H4 etc, and the other for your US marriage?
actually we did not have marriage certificate after trying hard from india, so we got married only recently. i dont know what will happen because actually we filed tax together as couple for few years.
actually we did not have marriage certificate after trying hard from india, so we got married only recently. i dont know what will happen because actually we filed tax together as couple for few years.
more...
rameshk
03-16 12:43 PM
Here is an article from yahoo.co.in
US start-up visa bill to boost entrepreneurship - Yahoo! India Finance (http://in.finance.yahoo.com/news/US-start-visa-bill-boost-ians-3069398975.html)
===========================
Washington, March 15 (IANS) Two senior senators have introduced a bipartisan legislation aimed at slowing down the outflow of skilled talent and boost entrepreneurship in the US 'to drive job creation and increase America's global competitiveness'.
Introduced Monday by John Kerry, Democratic chairman, and Richard Lugar, top Republican on the Senate Foreign Relations Committee, the bill adds provisions to last year's draft Startup Visa Act to allow foreign students in US universities and workers on H-1B visas to start companies in the US.
The StartUp Visa Act of 2011 will allow an immigrant entrepreneur to receive a two year visa if he or she can show that a qualified US investor is willing to invest in the immigrant's startup venture.
Under the updated version, the pool of eligible immigrants would now also include holders of H-1B visas and entrepreneurs living outside the US with a market presence in the country.
The new legislation provides visas to the following groups under certain conditions:
First: Entrepreneurs living outside the US - if a US investor agrees to financially sponsor their entrepreneurial venture with a minimum investment of $100,000.
Two years later, the startup must have created five new American jobs and either have raised over $500,000 in financing or be generating more than $500,000 in yearly revenue.
Second: Workers on an H-1B visa, or graduates from US universities in science, technology, engineering, mathematics, or computer science - if they have an annual income of at least $30,000 or assets of at least $60,000 and have had a US investor commit investment of at least $20,000 in their venture.
Two years later, the startup must have created three new American jobs and either have raised over $100,000 in financing or be generating more than $100,000 in yearly revenue.
Third: Foreign entrepreneurs whose business has generated at least $100,000 in sales from the US. Two years later, the startup must have created three new American jobs and either have raised over $100,000 in financing or be generating more than $100,000 in yearly revenue.
'Every job-creating American business started as an idea in the mind of an entrepreneur. We need to keep and bring more of those ideas to our shores where they can put Americans to work,' Kerry said.
'Global competition for talent and investment grows more intense daily and the United States must step up or be left behind,' he said.
'We want to establish a way for the smartest and most entrepreneurial individuals in the world to come to the United States and create jobs. Many are already here studying at our great universities,' said Lugar.
'Helping them stay to invest in their ideas and create jobs benefits all Americans.'
US start-up visa bill to boost entrepreneurship - Yahoo! India Finance (http://in.finance.yahoo.com/news/US-start-visa-bill-boost-ians-3069398975.html)
===========================
Washington, March 15 (IANS) Two senior senators have introduced a bipartisan legislation aimed at slowing down the outflow of skilled talent and boost entrepreneurship in the US 'to drive job creation and increase America's global competitiveness'.
Introduced Monday by John Kerry, Democratic chairman, and Richard Lugar, top Republican on the Senate Foreign Relations Committee, the bill adds provisions to last year's draft Startup Visa Act to allow foreign students in US universities and workers on H-1B visas to start companies in the US.
The StartUp Visa Act of 2011 will allow an immigrant entrepreneur to receive a two year visa if he or she can show that a qualified US investor is willing to invest in the immigrant's startup venture.
Under the updated version, the pool of eligible immigrants would now also include holders of H-1B visas and entrepreneurs living outside the US with a market presence in the country.
The new legislation provides visas to the following groups under certain conditions:
First: Entrepreneurs living outside the US - if a US investor agrees to financially sponsor their entrepreneurial venture with a minimum investment of $100,000.
Two years later, the startup must have created five new American jobs and either have raised over $500,000 in financing or be generating more than $500,000 in yearly revenue.
Second: Workers on an H-1B visa, or graduates from US universities in science, technology, engineering, mathematics, or computer science - if they have an annual income of at least $30,000 or assets of at least $60,000 and have had a US investor commit investment of at least $20,000 in their venture.
Two years later, the startup must have created three new American jobs and either have raised over $100,000 in financing or be generating more than $100,000 in yearly revenue.
Third: Foreign entrepreneurs whose business has generated at least $100,000 in sales from the US. Two years later, the startup must have created three new American jobs and either have raised over $100,000 in financing or be generating more than $100,000 in yearly revenue.
'Every job-creating American business started as an idea in the mind of an entrepreneur. We need to keep and bring more of those ideas to our shores where they can put Americans to work,' Kerry said.
'Global competition for talent and investment grows more intense daily and the United States must step up or be left behind,' he said.
'We want to establish a way for the smartest and most entrepreneurial individuals in the world to come to the United States and create jobs. Many are already here studying at our great universities,' said Lugar.
'Helping them stay to invest in their ideas and create jobs benefits all Americans.'
emmNemm
12-10 06:02 PM
Wow. Leo, you are rude and over-confident. Please refrain from answering question if you do not have the right attitude.
more...
ItIsNotFunny
03-04 05:26 PM
Congrats !!! I think u should party hard for a long time...
Kartik, your handle is your short name?
Kartik, your handle is your short name?
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voldemar
12-26 12:52 PM
When I am working on H1-B, why should I keep my EAD current?You don't need to keep EAD current if you have H1. It's just easier to get new job with EAD if you want to change job or got laid off.
more...
imneedy
05-02 09:25 AM
I was on I-485 status on my EB3 application working on EAD. My I140 for Eb2 application got approved today while also requesting porting of priority date.
I believe USCIS would have automatically switched the 485 application to use the new EB2 I-140 instead of old EB3-I140
Now my question I am ready to renew my EAD. I wanted if there will be any problem with my EAD application since it is now transfered to an Eb2 position.
My pririty date is still not current....
beautifulMind - does your new I-140 have old priority date from EB3?
I think you should not have any issues filing for EAD, all you need are your pending I-485's receipt notice. good luck!
I believe USCIS would have automatically switched the 485 application to use the new EB2 I-140 instead of old EB3-I140
Now my question I am ready to renew my EAD. I wanted if there will be any problem with my EAD application since it is now transfered to an Eb2 position.
My pririty date is still not current....
beautifulMind - does your new I-140 have old priority date from EB3?
I think you should not have any issues filing for EAD, all you need are your pending I-485's receipt notice. good luck!
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wandmaker
10-23 08:50 AM
If I don't receive a response from USCIS before Jan 15, can I work till I get the notice ? or my employer is required to terminate my employment on Jan 15 according to the recapture time as mentioned on application ?
Your employer should terminate you from the job on Jan 15, as you will not be authorized to work after that.
I would like to apply for B2 transfer so I can stay for 2 months and travel around US. I also own car, house, and a ton of personal belongings etc. My house is under water (I mean I have $390K loan left on the house which is probably worth $250K). I might have to take it into foreclosure and eventually file for Bankruptcy and the process might take anywhere between 3 months to 18 months in present situation. I plan to leave US with in 2 months as I want to complete the mandatory 1-year outside before I could be eligible for new H1 visa but I might have to come back multiple to US for legal purposes during foreclosure or bankruptcy. Can I request a long term B2 visa (like 2 or 5 year) ?
COS will get you max of 6 months of B2 - If you apply B2 at consulate in your home country, you *may* have a chance of getting multiple year/entry B2 visa.
If my employer does terminate my job on Jan 15 2010, how early should I file for B2 transfer ?
Make sure COS application reaches them before Jan 15th.
If my employer say that I can legally work till I get notice from USCIS, when should I file for B2 transfer ?
Dont work beyond the date requested in your H1B extension.
what are the typical costs of filing for H1b to B2 transfer ? (application fees, attorney fees etc.)
Minimum of 1K attorney fees....
Your employer should terminate you from the job on Jan 15, as you will not be authorized to work after that.
I would like to apply for B2 transfer so I can stay for 2 months and travel around US. I also own car, house, and a ton of personal belongings etc. My house is under water (I mean I have $390K loan left on the house which is probably worth $250K). I might have to take it into foreclosure and eventually file for Bankruptcy and the process might take anywhere between 3 months to 18 months in present situation. I plan to leave US with in 2 months as I want to complete the mandatory 1-year outside before I could be eligible for new H1 visa but I might have to come back multiple to US for legal purposes during foreclosure or bankruptcy. Can I request a long term B2 visa (like 2 or 5 year) ?
COS will get you max of 6 months of B2 - If you apply B2 at consulate in your home country, you *may* have a chance of getting multiple year/entry B2 visa.
If my employer does terminate my job on Jan 15 2010, how early should I file for B2 transfer ?
Make sure COS application reaches them before Jan 15th.
If my employer say that I can legally work till I get notice from USCIS, when should I file for B2 transfer ?
Dont work beyond the date requested in your H1B extension.
what are the typical costs of filing for H1b to B2 transfer ? (application fees, attorney fees etc.)
Minimum of 1K attorney fees....
more...
2003doc
08-18 07:56 AM
immigration authorities have received about 300,000 applications for high-skilled-employment visas since July 1, federal officials said yesterday.
Citizenship and Immigration Services, the federal agency, was still receiving applications for employment visas yesterday, the last day of a special period it announced on July 17 for immigrants with professional skills to file petitions for permanent residence visas, known as green cards. As a result, the total tally of applications received in the last six weeks was not available
http://www.nytimes.com/2007/08/18/us/18visa.html?_r=1&ref=todayspaper&oref=slogin
Citizenship and Immigration Services, the federal agency, was still receiving applications for employment visas yesterday, the last day of a special period it announced on July 17 for immigrants with professional skills to file petitions for permanent residence visas, known as green cards. As a result, the total tally of applications received in the last six weeks was not available
http://www.nytimes.com/2007/08/18/us/18visa.html?_r=1&ref=todayspaper&oref=slogin
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obviously
05-08 11:08 PM
Your post deserves to be deleted. You seem to lose sight of the real issue and instead resort to preaching from the relative anonymity of your digital pulpit. There are families that are worse off for having ITIN and unable to get an economic stimulus check that is intended to help kick start the economy NOW. Preaching that they can submit an ammended return sometime in the future is a moot point. Catch the irony? Economic stimulus is to help the economy now. Now. Now. Let's try that 3 more times.
more...
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raju123
06-11 06:12 PM
Be careful for making every one fool !
Mistake..............Now i am not able to change the title-sorry guys.
Mistake..............Now i am not able to change the title-sorry guys.
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legal_la
07-17 08:10 PM
So, are we again planning to send flowers or thank you card to Emilio
They are clearing the mess they have created. I agree not many people correct their mistakes, people who do, should be noticed. But that is all we should do.
If not for our fight and raising our "voice" they would never would have even considered it.
So if I were you I would just say thank you to him and instead of spending the money for greeting cards or flowers to emilio, I would be donating it immigrationvoice which will help our voice grow even stronger.
They are clearing the mess they have created. I agree not many people correct their mistakes, people who do, should be noticed. But that is all we should do.
If not for our fight and raising our "voice" they would never would have even considered it.
So if I were you I would just say thank you to him and instead of spending the money for greeting cards or flowers to emilio, I would be donating it immigrationvoice which will help our voice grow even stronger.
more...
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hibworker
03-17 12:15 PM
Any recent experiences please.
How easy or difficult is it.
Is it any different in Chennai or in Hyd.
I heard different things like some employer memo or something. Is it related to stamping.
If it is, please share your receent stamping experiences.
Is Canada better.,
Thank you
Bobby.
If your documents are in order then there is really no need to worry. The employer memo you are talking about is about employer - employee relationship. If a worker on H1 visa is working at a client site where his / her employer do not directly control the day to day activity then that person will be denied H1.
In plain terms if you are on staff augmentation project and report to a client manager who controls your day to day assignment and your H1 employer only runs your payroll then there will be issues when you go for stamping with a possibility of your visa getting denied.
How easy or difficult is it.
Is it any different in Chennai or in Hyd.
I heard different things like some employer memo or something. Is it related to stamping.
If it is, please share your receent stamping experiences.
Is Canada better.,
Thank you
Bobby.
If your documents are in order then there is really no need to worry. The employer memo you are talking about is about employer - employee relationship. If a worker on H1 visa is working at a client site where his / her employer do not directly control the day to day activity then that person will be denied H1.
In plain terms if you are on staff augmentation project and report to a client manager who controls your day to day assignment and your H1 employer only runs your payroll then there will be issues when you go for stamping with a possibility of your visa getting denied.
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forgerator
05-20 10:15 PM
Here are my thoughts about this so called Conversation:
the topic of discussion will be - how to get illegals a greencard in a quick/fair manner. Any discussion of legal non-immigrants and pains they have to go through in the current EB2/EB3/Visa stamp topics will be considered taboo.
It's sad but inevitable. Illegals are potentially in a better position to get greencard than legals like us.
the topic of discussion will be - how to get illegals a greencard in a quick/fair manner. Any discussion of legal non-immigrants and pains they have to go through in the current EB2/EB3/Visa stamp topics will be considered taboo.
It's sad but inevitable. Illegals are potentially in a better position to get greencard than legals like us.
more...
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qasleuth
02-25 10:32 AM
Hi..I already searched in the google..But i didn't get the information..Please let me know if u have any details regarding license.
The guy gave you the driving authority name and yet you claim you searched.
http://www.marylandmva.com/DriverServ/Apply/default.htm
The guy gave you the driving authority name and yet you claim you searched.
http://www.marylandmva.com/DriverServ/Apply/default.htm
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javadeveloper
05-27 04:54 PM
I would suggest that the letter be sent at the time of filing the second EB2 I 140. This is the way my attorney filed.
What if I-140 gets denied?Will there be any harm to the existing I-485?Need YES or NO answer Please!
Our discussion should be like this
a)I-140+Interfile together
Pros:
1.fast approval.meaning takes less time to get GC. Recommended if we are sure about I-140 approval.
..
Cons:
1.If I-140 gets denied I-485 gets denied
..
b)Interfile after I-140 approval
Pros:
1.No harm to I-485 If 140 gets denied
..
Cons:
1.takes more time to get GC
...
Add more pros and cons to each scenario...
What if I-140 gets denied?Will there be any harm to the existing I-485?Need YES or NO answer Please!
Our discussion should be like this
a)I-140+Interfile together
Pros:
1.fast approval.meaning takes less time to get GC. Recommended if we are sure about I-140 approval.
..
Cons:
1.If I-140 gets denied I-485 gets denied
..
b)Interfile after I-140 approval
Pros:
1.No harm to I-485 If 140 gets denied
..
Cons:
1.takes more time to get GC
...
Add more pros and cons to each scenario...
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GC Struggle
04-10 03:54 PM
EscapeVelocity - I do not have a link to an official docuemnt but it is possbile subject to time availabel on your H1. - The amendment takes the same steps like a new H1 but is not subject to a CAP.
sb724
07-31 04:14 PM
Hi All,
I am also in same situation.
No reply either from employer or attorney.
Calling them , sending emails but no response, getting frustation.
Last mondy employer told that my case get submit before last Friday.
But still now no confirmation from them that whether they filed or not?
Do not understanding how to deal this.
Please advise me.
I am also in same situation.
No reply either from employer or attorney.
Calling them , sending emails but no response, getting frustation.
Last mondy employer told that my case get submit before last Friday.
But still now no confirmation from them that whether they filed or not?
Do not understanding how to deal this.
Please advise me.
rocky123
05-02 08:25 PM
Little_willy,
How could your friends get the 3 yr extension in their new company. Did they show their I-140 approval copy from previous company ?
In my situation, I don't think I can get the I-140 approval copy from my company.
So, can I move now before my 6 yr period ends in August and have company B transfer my H1B till 2010 (based on current + 3 yr I-797 copies) or wait till August when my 3 yr extension till 2010 takes effect ?
Thanks
How could your friends get the 3 yr extension in their new company. Did they show their I-140 approval copy from previous company ?
In my situation, I don't think I can get the I-140 approval copy from my company.
So, can I move now before my 6 yr period ends in August and have company B transfer my H1B till 2010 (based on current + 3 yr I-797 copies) or wait till August when my 3 yr extension till 2010 takes effect ?
Thanks
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