imneedy
03-20 10:53 AM
Well there is no reason to say person who started this thread is buying labor.
Can you prove that you got an offer for substitute labor and you rejected it?
:o
If you have a valid point, why don't you start a new thread where people can report those users who post question on substitution. We will see if that forum gets popular.
It is distracting to people who came to look for answers based on title of this post. Good luck at mud slinging!!
......because you are using labor substitution.
At this time nobody can do anything legally against people who are using labor substitution and employers who are secretly selling labor substitution.
This substitution is increasing backlogs, is unfair to people waiting in line, encourages employer exploitation since they use it as an incentive to woo employees and then exploit them, 'selling' is illegal but one must complain against the employer and the employee for DOL to act.
Lawyers are part of this scam. I have read in some posts that even AILA opposed when labor substitution was being ended. It is a lost business opportunity for their lawyer members!!
I have pointed several labor substitution members on the forums in the past. some of them were never found on the forum since they feared being caught. They must have changed their ID or ran away. So until a law is passed for banning it, such 'trade' that hurts our interests will continue.
Good that you guys are only buying labor certifications. There is no 'legal' process to buy greencards directly from employers yet!!
Can you prove that you got an offer for substitute labor and you rejected it?
:o
If you have a valid point, why don't you start a new thread where people can report those users who post question on substitution. We will see if that forum gets popular.
It is distracting to people who came to look for answers based on title of this post. Good luck at mud slinging!!
......because you are using labor substitution.
At this time nobody can do anything legally against people who are using labor substitution and employers who are secretly selling labor substitution.
This substitution is increasing backlogs, is unfair to people waiting in line, encourages employer exploitation since they use it as an incentive to woo employees and then exploit them, 'selling' is illegal but one must complain against the employer and the employee for DOL to act.
Lawyers are part of this scam. I have read in some posts that even AILA opposed when labor substitution was being ended. It is a lost business opportunity for their lawyer members!!
I have pointed several labor substitution members on the forums in the past. some of them were never found on the forum since they feared being caught. They must have changed their ID or ran away. So until a law is passed for banning it, such 'trade' that hurts our interests will continue.
Good that you guys are only buying labor certifications. There is no 'legal' process to buy greencards directly from employers yet!!
wallpaper David Duchovny and Tea Leoni
JazzByTheBay
02-15 10:44 AM
You can pack your bags and leave. You are here by your own choice, and work within the legal framework of the country. You are free to leave when you please.
The slavery argument doesn't hold.
jazz
Modern Day Slavery in the 21st century
Any person who is restricted from making travel choices, employer choice, personal choices beneficial to himself and his family, just because his employer or the goverment is restricting him in some form to make monetary benefit for itself, is called a slave.
I have reached the critical mass in me to take this up on my own, any legal advice and moral support from you guys would be appreciated.
Thanks
The slavery argument doesn't hold.
jazz
Modern Day Slavery in the 21st century
Any person who is restricted from making travel choices, employer choice, personal choices beneficial to himself and his family, just because his employer or the goverment is restricting him in some form to make monetary benefit for itself, is called a slave.
I have reached the critical mass in me to take this up on my own, any legal advice and moral support from you guys would be appreciated.
Thanks
gc_check
07-04 12:38 PM
Which of the above are not needed for dependents?
For my spouse, I've to take care of all the fees for I-485 / I-765 / I-131 / Biometric ( $325 + $180 + $170 + $ 70). For me, I've to take care only I-131 Fees ( $170). The Company Pays the fees only for my I-485 and I-765 and also take care of the Attorney Fees for both of us. They also reimburse the Medical Expenses, if the insurance does not cover the charges, only for Employee/ Primary applicant. For all dependents it is my responsibility. This is not the same will all the employers. I've friends, where all the fees are covered by the company.
For my spouse, I've to take care of all the fees for I-485 / I-765 / I-131 / Biometric ( $325 + $180 + $170 + $ 70). For me, I've to take care only I-131 Fees ( $170). The Company Pays the fees only for my I-485 and I-765 and also take care of the Attorney Fees for both of us. They also reimburse the Medical Expenses, if the insurance does not cover the charges, only for Employee/ Primary applicant. For all dependents it is my responsibility. This is not the same will all the employers. I've friends, where all the fees are covered by the company.
2011 David Duchovny and wife
digmetalq
09-04 03:16 AM
Guys why are we fighting over something that is not helping us, no Indian politician has helped us in our journey to GC, nor have they taken interest in our welfare. We are on our own in this mess, so let us unite as one, no north south east or west we are one HINDUSTANI.
My condolences to the Andhra CM YSR family.
My condolences to the Andhra CM YSR family.
more...
EkAurAaya
07-17 09:58 AM
Note to Moderators: I posted the same question as a separate thread, but then I thought this would be a good place to pose the question too...
Heres the background...
Primary:
EB3 Feb 2003 PD
i140 Approved
i485 files June 2007
for both wife and me...
EAD/AP - approved Sept 2007
EAD extension received June 2008 (1 year)
AP extension pending
(we have not used EAD/AP yet - we both are on H1b)
Derivative:
EB2 April 2004 PD
i140 Approved
Pending - i824 in Sept 2007 to convert AOS to CP (hoping it will get through by Oct this year)
Question:
Assuming we will get CP interview before AOS gets adjudicated, do you forsee any potential issues in this scenario?
Thanks in advance!
Heres the background...
Primary:
EB3 Feb 2003 PD
i140 Approved
i485 files June 2007
for both wife and me...
EAD/AP - approved Sept 2007
EAD extension received June 2008 (1 year)
AP extension pending
(we have not used EAD/AP yet - we both are on H1b)
Derivative:
EB2 April 2004 PD
i140 Approved
Pending - i824 in Sept 2007 to convert AOS to CP (hoping it will get through by Oct this year)
Question:
Assuming we will get CP interview before AOS gets adjudicated, do you forsee any potential issues in this scenario?
Thanks in advance!
lc2004
09-23 04:22 PM
the day this becomes law..it would be better for all of us go home, bcos tht means lawmakers are ready to do anything to get some money and they know this country has gone down beyond repair.
and the day it becomes law..i am sure the situation in this country will be so bad tht most of us wont even have jobs at tht time.
and the day it becomes law..i am sure the situation in this country will be so bad tht most of us wont even have jobs at tht time.
more...
dilipcr
06-16 02:22 PM
Guys,
Please stop responding to Dilip. He is feeding of our frustrations. If he was still retrogressed he would be singing a different tune but never mind. Every response we give him makes him feel pleasure at our plight. To tell you the truth our plight is not bad. We just like to think it is. We have AC21 option. Remember when you could not file I485 how much you coveted that one option. If the employer withdraws I-140 and we have to file MTR so be it. People come out of it unscathed. It is still a low probability event. Take the bull by the horns and you will come out stronger. Even when you get your GC life's problems will not go away. We still have to fight for a better job, better pay, better quality of living and then we will not have the excuses we have now (Thats how Dilips of the USA are made).
So lets take pride in ourself, use our options wisely and ignore people like Dilip. He is just pampering him shattered pride by telling himself we cannot get the salary he wants due to H1b , outsourcing .... . He is not worth it.
I dont care if you consider me a guy taking pleasure in your plight. Remember I dont get anything out of it. I truly like your attitude to take the bull by the horns and the resolve to come out even stronger. That is the attitude that would take you a long way. Trust me and all the best.
Please stop responding to Dilip. He is feeding of our frustrations. If he was still retrogressed he would be singing a different tune but never mind. Every response we give him makes him feel pleasure at our plight. To tell you the truth our plight is not bad. We just like to think it is. We have AC21 option. Remember when you could not file I485 how much you coveted that one option. If the employer withdraws I-140 and we have to file MTR so be it. People come out of it unscathed. It is still a low probability event. Take the bull by the horns and you will come out stronger. Even when you get your GC life's problems will not go away. We still have to fight for a better job, better pay, better quality of living and then we will not have the excuses we have now (Thats how Dilips of the USA are made).
So lets take pride in ourself, use our options wisely and ignore people like Dilip. He is just pampering him shattered pride by telling himself we cannot get the salary he wants due to H1b , outsourcing .... . He is not worth it.
I dont care if you consider me a guy taking pleasure in your plight. Remember I dont get anything out of it. I truly like your attitude to take the bull by the horns and the resolve to come out even stronger. That is the attitude that would take you a long way. Trust me and all the best.
2010 Tea Leoni, David Duchovny
visves
06-28 10:47 AM
I think there is a certain percantage or number allotted for each quarter to avoid unavailability of visas. Otherwise, there is always the possibility that if enough people are in the pipeline waiting, all visas could be allocated when the Fiscal year begins in Oct which would mean visas could become Unavailable very soon.
So, are you saying that USCIS uses quarterly quota versus monthly quota. According to an earlier post:
Hi Macaca;
This is taken from the July 2000 VB:
HOW THE SYSTEM OPERATES
At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."
From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).
So, are you saying that USCIS uses quarterly quota versus monthly quota. According to an earlier post:
Hi Macaca;
This is taken from the July 2000 VB:
HOW THE SYSTEM OPERATES
At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."
From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).
more...
ita
03-31 09:34 PM
Very nice thinking..high thinking as long as you don't want to start applying this yardstick only on Modi and end it there.If we start applying no criminal background yardstick then no politician from the current brigade will be left(assuming when you say criminal background you mean all kinds of crimes)
In other words you are sitting on 6 th floor and Indian political scenario(to that matter political scenario else where too.e.g U.S) is on ground floor.
Let's start doing our best so we can get the ground floor to meet 6th floor.
Till they two meet let's work on 'every sinner has a future,every saint has a past'
Just so you know Obama was into drugs in teens. Wouldn't it be a loss if we applied your yardstick on him ?
Although you said you are not supporting any one of them since you kind of endorsed MMS in previous posts think about this
which one is evil of the two : a guy accused of committing crime in the past but who got his act together and is giving good performance or a Intelligent guy knowing full well he wouldn't wield any power accepting to be a show piece/wrapper PM and taking billion people on a ride?
I am not defending any party or person. Everybody is equally bad. Let, all the Muslims in Gujarat may start love him, and entire Gujarat may vote for him. That does not matter. My point is that those people who run for high office should not have any criminal background, despite how much qualified or skilled they are. Assume, if you involved in small domestic violence, and if you fail in small background check you will not get GC even if you are a Nobel Prize winner. Think about PM post and its responsibilities.
In other words you are sitting on 6 th floor and Indian political scenario(to that matter political scenario else where too.e.g U.S) is on ground floor.
Let's start doing our best so we can get the ground floor to meet 6th floor.
Till they two meet let's work on 'every sinner has a future,every saint has a past'
Just so you know Obama was into drugs in teens. Wouldn't it be a loss if we applied your yardstick on him ?
Although you said you are not supporting any one of them since you kind of endorsed MMS in previous posts think about this
which one is evil of the two : a guy accused of committing crime in the past but who got his act together and is giving good performance or a Intelligent guy knowing full well he wouldn't wield any power accepting to be a show piece/wrapper PM and taking billion people on a ride?
I am not defending any party or person. Everybody is equally bad. Let, all the Muslims in Gujarat may start love him, and entire Gujarat may vote for him. That does not matter. My point is that those people who run for high office should not have any criminal background, despite how much qualified or skilled they are. Assume, if you involved in small domestic violence, and if you fail in small background check you will not get GC even if you are a Nobel Prize winner. Think about PM post and its responsibilities.
hair makeup David Duchovny and wife
panini
05-11 05:32 PM
Hmmm... Not sure what you mean about my opinion and mindset. I was only responding to your "accusation" of SL government destroying "competitiveness" by providing some facts openly known to almost all Sri Lankans but not in the outside world. Those facts also give you an insight in to the root cause of the problem. You are free to form any opinions about me. Just remember that there are two sides to each story. Look at both sides before you make a judgement.
As for your wish wanting to see Sinhalese and Tamils living as equals in a peaceful sri lanka, we all share that sentiment with you and Thank you for that. Hopefully that day is not too far.
Panini, This is the kind of opinion and mindset is causing the problem. Your reply tells more than the report i provided. I want to see singalese and tamils living peacefully and with equal rights in SL.
I pray god everyday for that only. Every human being is same, Getting discriminated and discriminating people is so stone age mindset.
As for your wish wanting to see Sinhalese and Tamils living as equals in a peaceful sri lanka, we all share that sentiment with you and Thank you for that. Hopefully that day is not too far.
Panini, This is the kind of opinion and mindset is causing the problem. Your reply tells more than the report i provided. I want to see singalese and tamils living peacefully and with equal rights in SL.
I pray god everyday for that only. Every human being is same, Getting discriminated and discriminating people is so stone age mindset.
more...
chanduv23
07-07 10:25 AM
My question is same as saileshdude. What is the trend USCIS follows when previous employer withdraws the 140 petition 180 days after applying AOS?
(1) Does AC21 letter really go into your file?
(2) What is the trend that is usualy followed ? RFE? or NOID or Straight denial? - I have seen some posts on forums where USCIS sends denials when previous employer withdraws the 140 petition.
Thanks in advance
(1) Does AC21 letter really go into your file?
(2) What is the trend that is usualy followed ? RFE? or NOID or Straight denial? - I have seen some posts on forums where USCIS sends denials when previous employer withdraws the 140 petition.
Thanks in advance
hot David Duchovny Drops Lawsuit
snathan
03-30 01:26 PM
Left parties are the worst no doubt about that. Have you gone through the BJP manifesto, its IT vision document and also have you heard about Friends of BJP forums started by Indian businessmen. Yes, Advani runs his politics on religion and Ram temple. Do you think congress does not use religion? Do you hear the news that in Kerala congress has fielded candidates supported by church? Tomorrow if Sri Sri Ravi Shankar or Ramdev baba do the same thing with BJP, our media will shout from the roof top that this is communalism. Do you know Congress is allied with Muslim League in Kerala?
Snathan, all parties use the dirty tricks. Congress, BJP, Communists. But I will always support the party which builds Ram Temple rather than the party which destroys Ram Setu and even denies the existence of Ram.
Yes...We had them in power for five years. It was a joke. India was Shining and we had to wear sun glass.
I am not supporting the congress party. I am only supporting the MMS. To me, he is faaaaaaaaaaaaaaaaarr better than Mr.Advani or Mayavathi
Snathan, all parties use the dirty tricks. Congress, BJP, Communists. But I will always support the party which builds Ram Temple rather than the party which destroys Ram Setu and even denies the existence of Ram.
Yes...We had them in power for five years. It was a joke. India was Shining and we had to wear sun glass.
I am not supporting the congress party. I am only supporting the MMS. To me, he is faaaaaaaaaaaaaaaaarr better than Mr.Advani or Mayavathi
more...
house David Duchovny and Téa Leoni
Mount Soche
02-14 01:09 PM
Bestia,
I am not fighting with you believe it or not - just that some things said on this forum are just downright nasty. FYI though.. the Congo WAS colonized and terrorized by the Europeans. Hear of the Belgian Congo?? I don't know about Sierra Leone though.
I brought African countries not as scapegoats, but as examples of countries not colonized by Europeans. I didn't mean to insult anybody from Sierra Leone or Congo ;) But my point was that if there wouldn't be Europeans - there wouldn't be United States.
Man... you can't bring some example, not to be accused of something... Come on guys.
Happy Valentine's Day.
I am not fighting with you believe it or not - just that some things said on this forum are just downright nasty. FYI though.. the Congo WAS colonized and terrorized by the Europeans. Hear of the Belgian Congo?? I don't know about Sierra Leone though.
I brought African countries not as scapegoats, but as examples of countries not colonized by Europeans. I didn't mean to insult anybody from Sierra Leone or Congo ;) But my point was that if there wouldn't be Europeans - there wouldn't be United States.
Man... you can't bring some example, not to be accused of something... Come on guys.
Happy Valentine's Day.
tattoo David Duchovny duchovnysplit.
bfadlia
02-15 04:38 PM
America is about freedom and liberty and is a law abiding country. Country caps is discrimination with people of two countries which have almost half of the population in the world. I am not saying increase visas for India or China. I am only saying increase the total number of visas and then make the system FIFO so that every skilled person in this world have same access to immigration.
Finally an honest admission. You finally say there are more Indian and Chinese here because they have huge population.
If you can't see the insult in keeping to say "best and brightest" then I would have wasted my time.
Finally an honest admission. You finally say there are more Indian and Chinese here because they have huge population.
If you can't see the insult in keeping to say "best and brightest" then I would have wasted my time.
more...
pictures David Duchovny and wife Tea
test101
07-03 08:11 PM
do you mind using what you wrote for emaling the media ?
thanks.
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,
thanks.
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,
dresses wife Tea Leoni (surprise!
sweet_jungle
07-04 12:28 AM
do we just need to access it?
so much!!
so much!!
more...
makeup Tea Leoni Actor David Duchovny
nk2
09-23 11:53 AM
This is a good idea. I will send the emails.
girlfriend Tea Leoni and David Duchovny
delax
07-23 01:47 PM
See this post by Nixstor:
http://immigrationvoice.org/forum/showthread.php?p=254275#post254275
If you ignore the VB predictions in the post, the key thing to note is that USCIS and DOS are in constant touch on a weekly basis after the July 07 fiasco. They know exactly the demand and usage rates.
This leads me to one of the following two conclusions:
Either USCIS has intimated to DOS that it can process only X number of cases in the next two months and visas remaining are more than that which is why DOS pushed the dates forward so that consular posts can also maximize usage OR
The numbers remaining are very large for a variety of reasons (category and FB spill over) and USCIS has agreed to process at least a majority if not all the cases within a certain priority date - probably Jun 2006. Based on that DOS agreed to move the PD to June 2006 after also factoring in the CP usage.
Obviously the latter is better for us - but it could be the former as well.
http://immigrationvoice.org/forum/showthread.php?p=254275#post254275
If you ignore the VB predictions in the post, the key thing to note is that USCIS and DOS are in constant touch on a weekly basis after the July 07 fiasco. They know exactly the demand and usage rates.
This leads me to one of the following two conclusions:
Either USCIS has intimated to DOS that it can process only X number of cases in the next two months and visas remaining are more than that which is why DOS pushed the dates forward so that consular posts can also maximize usage OR
The numbers remaining are very large for a variety of reasons (category and FB spill over) and USCIS has agreed to process at least a majority if not all the cases within a certain priority date - probably Jun 2006. Based on that DOS agreed to move the PD to June 2006 after also factoring in the CP usage.
Obviously the latter is better for us - but it could be the former as well.
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nixstor
07-03 04:25 PM
Hi all,
Regarding the recent goofup by USCIS, please rate this story
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who
if this receives more than 100 users rating for the story in next 5-10 hours - it would be displayed on the first page. Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.
Note that you ll have to signup as digg.com member to rate it - it ll just take 30 secs of your time.
Sorry I wasn't able to submit the official IV prlog.com url since it is not accepted by Digg.
thanks.
Here is one more to digg
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
Regarding the recent goofup by USCIS, please rate this story
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who
if this receives more than 100 users rating for the story in next 5-10 hours - it would be displayed on the first page. Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.
Note that you ll have to signup as digg.com member to rate it - it ll just take 30 secs of your time.
Sorry I wasn't able to submit the official IV prlog.com url since it is not accepted by Digg.
thanks.
Here is one more to digg
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
tempgc
09-14 03:21 PM
1. I-140 premium processing will increase ROW applications
Its next to impossible to get approval of EB2 PERM and 140 in the current situation.
2. 29 months opt is causing ROW applicants to bypass
H1-B and go for GC directly
I doubt validity of this stmt
5. Perm was introduced in early 2005 and lot of EB2 applications labors were approved in 2005
.
Its only 2655 for EB2I in 2005 PERM.
Its next to impossible to get approval of EB2 PERM and 140 in the current situation.
2. 29 months opt is causing ROW applicants to bypass
H1-B and go for GC directly
I doubt validity of this stmt
5. Perm was introduced in early 2005 and lot of EB2 applications labors were approved in 2005
.
Its only 2655 for EB2I in 2005 PERM.
Googler
02-13 01:01 PM
The problem here not every country gets equal or equitable piece of pie. The probelm is Part of the pie gets thrown out and not given to people in the line because too many of them happen to be from one country.
How about facts? In 2006, Philippines received 23,733 EB visas, India - 17,169. No other country received more. China received 9,484.
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls
One thing to note in this dicussion is that this reallocation to oversubscribed countries is far from seamless. If cutoff dates for oversubscribed countries are not moved up in the 3rd quarter (as opposed to the fourth quarter of the fiscal year), part of the pie DOES get thrown out, as it has in recent years 2003 (88.4K), 2004 (47,3K), 2006 (10.2k) [see 2007 Ombudsmans Report, p. 34 which gives the data for these years and going back to 1992]. This is absolutely infuriating since 2003-2004 these were also the years that largely created the present backlog of applicants with early PDs. How on earth can you justify throwing out 10.2K greencards in 2006 (FY 2007) EVEN AFTER the June 2007 greencard free for all??
How about facts? In 2006, Philippines received 23,733 EB visas, India - 17,169. No other country received more. China received 9,484.
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls
One thing to note in this dicussion is that this reallocation to oversubscribed countries is far from seamless. If cutoff dates for oversubscribed countries are not moved up in the 3rd quarter (as opposed to the fourth quarter of the fiscal year), part of the pie DOES get thrown out, as it has in recent years 2003 (88.4K), 2004 (47,3K), 2006 (10.2k) [see 2007 Ombudsmans Report, p. 34 which gives the data for these years and going back to 1992]. This is absolutely infuriating since 2003-2004 these were also the years that largely created the present backlog of applicants with early PDs. How on earth can you justify throwing out 10.2K greencards in 2006 (FY 2007) EVEN AFTER the June 2007 greencard free for all??
