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http://www.theglobeandmail.com/servlet/story/LAC.20061018.BOARDIMM16/TPStory/National (http://www.theglobeandmail.com/servlet/story/LAC.20061018.BOARDIMM16/TPStory/National)

Immigration board short of staff as backlog grows


GLORIA GALLOWAY

OTTAWA -- The number of immigrants and refugees waiting for permission to stay in Canada has grown since the Conservatives took power last February, the chairman of the Immigration and Refugee Board of Canada told a Commons committee yesterday.
"This year, the IRB has a complement of 156 members. As of today, we have 40 vacancies," Jean-Guy Fleury said at a meeting of a parliamentary immigration committee.
When he appeared before the committee in May, Mr. Fleury said he was optimistic that the backlog of cases would drop below 20,000. And it did fall to 19,800 a short time later, he said yesterday.
But, because there are not enough people to hear cases, it has since climbed to 20,500 and Mr. Fleury said he expects it will quickly hit 24,500. The government, meanwhile, has made just eight new appointments and 12 reappointments since the January election, he said.
"In the absence of appointments and reappointments, I cannot fulfill my promises to this committee on processing times and innovative reforms," Mr. Fleury said.
Lesley Harmer, spokesperson for Immigration Minister Monte Solberg, said the minister has taken several steps to get the positions filled.
"We have brought in reforms that have reduced the process for applicants down from eight months to four months," Ms. Harmer said.
"As well, at the minister's urging, to cast the net wide and ensure potential candidates are informed, an advertisement was placed in the Canada Gazette and national newspapers to draw in a new pool of applicants for openings on the board. This resulted in more than 350 new candidates. We're also continuing to look for ways to reform the system and get competent, professional members on the board."
But opposition members who sit on the immigration committee said Mr. Solberg must act quickly to fill the vacancies.
"I think it is a very serious issue," said Bill Siksay, the NDP immigration critic. "The vacancies mean that the work's not getting done, that important decisions aren't being made, that people are being left in limbo."
Mr. Fleury said he has met with the minister about eight times since the election and that the only reason for those meetings is to discuss appointments, Mr. Siksay said. "So I think that the minister is a barrier in all of this."
Liberal immigration critic, Raymonde Folco, a former member of the Immigration and Refugee Board, said the backlog that her party started to reduce is now increasing again.
"I know from experience that it takes an awful lot of people to take care of these hundreds and hundreds of refugee claimants who come in every year," Ms. Folco said.
"Just in terms of mathematics, when you divide the number of immigration judges we have now by the number of cases that come in, you realize that gives such a load to people that they can't support it."
Meili Faille, the Bloc's immigration critic, also blamed the minister and the Conservative government for the problem.
There have been many complaints from lawyers, Ms. Faille said, "but also from people in our constituencies where their hearings are being postponed and delayed and what the IRB revealed to us this morning is that backlogs are increasing since the Conservatives have been in place."

Relax and send all the documents requested by the USCIS. They might ask you for additional documents later based on what they receive from you or may approve your case.

Thanks a lot for your reply.

I had completed my BSc in computer science with 3 years & also completed my Masters(MCA) in computer science with 3 years.(both from India)

Total I have 6 years(3 yrs bachelors + 3 yrs masters) of education/qualification in Computer Science.

My labor has been approved & in that it is mentioned, position requires Masters degree.

Do I qualify for EB2 category?
I already filled I-140 in March 2008 under EB2.

I will really appreciate your response.

Thanks.

Thanks nozerd.
Also if the judge finds it unreasonable that I stayed out of CA for more than 3 years, will I be allowed to at least live in CA for the remaining duration (time remaining out of 5 years), OR I will have to leave CA immediately once the judge does not like my reasons.

Thanks again.

A Canadian PR has the right to enter Canada (as opposed to a US PR who does not have the right and can be denied entrance by INS).
If you have not met 2 in 5 yr obligation Canadian Immigration will question you but let you in. They will give you a date on which you will have a court date with Immigration judge. Then its up to judge and you. You will have to give good reason why you were out ( waiting for US GC is not a good reason ).

Dont know about the reapplying part. Never heard of anyone having done it.

nope, I understand, I see valid points in your opposition. I had a similar discussion with one of my friend couple of months back, I did question about how US economy gets boosted by just GC holders buying house.

But any way otherside I was thinking what's wrong in just trying.


You are missing the point of the opposition. What is the fairness in this visa category? Every other category has US benefiting (not short term, but in long term) from us, except this proposed category. Do you think paying 20% down will benefit US enough that they drop every thing and grant you the GC??

Also, how do you define this 20%? A 20% down in CA will get your 5 homes in Alaskan tundra (ok exaggerating, but not by much). This proposal basically comes down to haves and have nots. By expending time on such misguided legislation, you are not only making the immigrants look like cheap opportunistic ****, but also giving enough fodder for the anti-immigrants that we are only looking for our GC without any tangible long term benefit for US (I could pay 20% down, get my GC, and then become a burden on the state).

It really does not matter if you are a doctor or a compounder... Running a state or a country is a different thing altogether, you need different skills and this man had that. He was a self made man risen from the soil. But on the bad side he was the king of the corrupts. Most of the Indian politicians are Illiterate. This guy is a medical doctor by profession.
Loved by poor people. Hated by the fundamentalists and Naxals. Most of the AP politicians are corrupt including former PM P.V. N RAO.

We are starting a media drive from tomorrow on visa bulletin.
Before we post all the details and how to's

we need help from members to:

- post some email templates specific to this visa bulletin and our cause. Mention IV name several times in the template so that the reporter can contact us.

- Someone please collect a list of the reporters from pervious media drives , make a file and post it here.

Let us get this background work done tonight and from tomorrow morning we will start this drive with a bang.
=======================
media list
http://www.mydatabus.com/myFiles.php?pt=createLink&fn=Media.xls
members can post other email addresses on the thread so that everyone can write emails

are you going to be there and then look for job..also what sites are you using to search for job. biggest advantage of going there is you can do you own business.

how long did it take to complete the whole process.

......

"Tomorrow if we or our generations are getting killed in the US, would you say the same thing" ....

Of course yes! If our generations are US citizens, US govt should take care of them and if they are part of any terrorist organisation, they should be treated the way terrorists are treated.

"Country needs to care about its people" ... Its is in your quote ... Issue is about Srilankan's and their goverment should take care of it, NOT India. I don't think any one has a doubt about how LTTE should be handled.

Agreed but some Govt. fails to do so. IF Govt. were acting resposibly , World wouldn't have seen the WW1 and WW2 and Bosnia-Serbia crisis and countless other masscare !

One should understand difference b/w ' Srilankan Tamils' and 'LTTE'.

Forget fellow Tamils in SL.....Our CON govt under weak Puppet PM MM Singh cannot protect his fellow citizens. See the link from the US state dept.

http://www.state.gov/s/ct/rls/crt/2008/122434.htm

"In 2008, India ranked among the world�s most terrorism-afflicted countries."

And we still find a large number of educated Indians still vote for this WEAK PM.

I don't think there is any need to love any country, its just a place like any other. Within no time India has been divided into 3 countries (4 if you count Kashmir). The only important thing is to quickly migrate to the place you like most, everything else is a waste of time.

Let me challenge you on the basis of what you wrote here.

1) You wrote: The only important thing is to quickly migrate to the place you
like most, everything else is a waste of time.

Good Enough. No argument.

2) You wrote: I don't think there is any need to love any country, its just a
place like any other.

Here I may not have a problem but Americans will surely have problem.
They want such people from outside countries who are ready to be loyal
to USA and ready to love USA as their future country.

Upon identifying your IP Address and then Physical Address USA can ceratinly decide not to consider you as a candidate of Permanent Residency as you are challenging the base of this constitutional requirement for making you a permanent resident. :D What will you do then if USA gives you thumbs down?:rolleyes: :(

I wish they put him in a cell where his mates are, do I have to elaborate, the moderator will delete my post.

Thanks for your diggs. If you go and check the Upcoming stories tab - it has made it to the top in "Hot in All Topics" list...

keep digging....

dugg all 3 too

If PD moves to last quarter of 2007 within a year, then there would be no candidates (EB2), since all will still be stuck in PERM audits which will take 6-12 more months to clear + I-140 processing time.

So, they move PD dates faster but freeze PERM apps. I am confused:confused: Any insights?

I have my EB3-RIR pending at NSC with PD JAN 2004. I-140 concurrently filed on July 23rd 2007 at NSC is still pending. I do have the EAD and AP approved.

I have another EB2 labor (PERM) certified but its I-140 was denied on the basis of qualification. I have 3 yr B.Sc + 2 Yr. Post Graduate Diploma from India. This labor was certified on Dec. 26th 2006 and I-140 was denied last year after replying to the RFE raised regarding qualification. USCIS was looking for 4 yrs. degree instead of 3 yrs. They didn't accept my 2 yrs. post graduate on top of my 3 yrs. B.Sc degree.

My question: Is it advisable to go ahead and revive this PERM labor to file fresh I-140 again? If Yes, then what all I should do before filing the fresh I-140? I have almost 8 years of work experience in USA beside my 3+2 years degree from India.



Please advise.

Was your 8 year experience not mentioned in the I-140 application. To give you a clear answer on your options i will have to go through your documents.

but if USCIS knew this (that June+July can finish all the numbers for 2007) then why does the visa bulletin talk about retrogression in September timeframe for India/China? Why not August itself?

That is why I (and my lawyer) expected dates to continue in July + Aug. I actually expected USCIS to continue and use 2008 quota and start retrogressing in Nov 2007.

My analysis is based on info in Ombudsman report. May be there is more stuff! May be something changed! May be they did not have # of adj applicants.

We can complain to Ombudsman!

What I understood

If you are on H1 and is validity more than one year. Keep continuing. Once expiration is withing 6 month , start finding the direct vendor. Make sure you start the process early. So that even if it rejected you have time to jump to direct vendor. My two freinds got victims of this rule recently this week only .Their transfer was rejected for this reason , Now they got the offer from Direct vendor , H1 trasnfer is in process . EAD should be unaffected by this memo.

There is no doubt Small Desi co. given fair chance to all kinds of people from remote villages. Then again they took unfair advantages too. Its time to wrap up their business now.

Situation is alarming indeed.

http://www.murthy.com/news/n_repatt.html dated March 2006

I discussed the matter of the Consular section requiring end-user client (http://immigrationvoice.org/forum/#) letters. Many H1B employers and employees, as well as several AILA attorneys, have approached me as well as the Murthy Law Firm, inquiring about this. The matter deals with the fairly recent requests for letters from supervisors of the end-user clients. These requests require the end users to outline the nature of the job to be performed by the H1B visa candidate, provide details of where the candidate will work, the length of the project, and the need for a specific H1B employee by name and other details. Unfortunately, most end-user clients are not willing to comply with such an onerous request. The very reason for the end-user client to hire an outside consulting company is to minimize the burden of administrative or HR responsibilities. Moreover, the law does not require such detailed letters for the issuance of H1B visas.
�MurthyDotCom
I respectfully summarized the position of many of you, our clients or those using candidates who apply for the H1B visa at Chennai, as follows.

End-user clients generally will not issue letters to the consulate, as they do not wish to get involved with the H1B process. The very nature of the employment relationship, when hiring through consulting companies, is to avoid or minimize the work related to hiring candidates.
Employers who sign the H1B documents do so under penalty of perjury and must pay the required prevailing wage, irrespective of whether they have assignments for the H1B candidates. The employer may decide to send the candidate back to his/her home country if enough assignments cannot be found.
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer�s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer�s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Delays in the issuance of H1B visas cause many of the employers considerable financial (http://immigrationvoice.org/forum/#) loss and postpone the implementation of projects. This results in the additional loss of revenues and credibility with their clients, due to their inability to produce in a timely fashion the required specialty-worker candidates.


Thanks for the post. Is there such a requirement when there is a renewal of H1B ?

I know you are talking about "7% country speciific limit for primary applicants" and "2% country specific dependent limit" So actually it is 9% limit - country specific together.

But question is " what is the meaning of it?"

The tables what are published in bulletin are meant for "Visa number availability".

So numbers (28.6% divided by 5 per each preference-country) are meant for USCIS to process and assign visa numbers till that limit reached.

"7% + 2%" country specific limit is meant for "Sending Greencard /Ordering Greencard".

In simplest form, EB-I will have 8008 X 3 (Without spilied over) = 24024 applications assigned Visa number this year and out of that ( 9% X 140000 = 12600) lucky ones will get their physical green cards THIS YEAR. The rest will get their physical green cards next year though their files have been assigned numbers (Pre-adjudicated.) this year.

Above mentioned explanation is the real meaning of this bullshit.

I think I have tried my best to explain the process.:)

Not sure what you are talking about. There are two rules as follows

28.8% EB visas for each category EB1/EB2/EB3 and 6.8% for EB4/EB5
7% limit for each country in EB category (India will get 9800 visa in all EB1-5 categories)

To enforce the limit each EB subcategory (EB1/EB2/EB3/EB4/EB5) enforces country cap, no more than 2822 visa for India in EB1/EB2/EB3 categories.

The limit can be extended when there are leftover visas (this is what has extended the limit for EB1/EB2/EB3 India for last few years).

ouignan,

You can see that the UN panel is aware of the fact that racial discrimination manifests itself in disproportional representation (note the reference to the composition of the Supreme Court). It can be argued that the 7% country limit provides a pretext to discriminate against India/China/Mexico on the basis of ethnic or racial origin, and as such would run afoul of the convention.

I enjoyed that article, it's a great find. To be fair, it does offer both opinion and history. I do agree that the 7% limit is unfair but the answer is to increase the supply of green cards so that all qualified applicants get their green cards. The racial element is something everybody should be aware of. It's important that we all have a good understanding of the history of the immigration laws, in the united states and elsewhere. Perhaps "History of Immigration Laws" would be an interesting thread on it's own. At the very least we should add the wikipedia references that we discussed earlier into the resources section.

Pinto, I strongly support your idea.

I guess many have given up and many are just trying to hang on to their jobs ..but don't give up ..just think about the peace of mind that a GC gives ..no more headaches from lawyers, USCIS, RFE's, employers, DL etc ..at the very least comment on this idea but before you dismiss it come up with a better idea (it is very stupid of people who just criticize but don't come up with alternative ideas).
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what if all immigrants and members were to call their local realtors - show interest in buying a house and once the realtor is interested ..tell her / him that you are postponing your home buying decision since the green card has got delayed ..and maybe ask him / her to tell the NAR (national realtor agency) to speak about speeding green cards to legal immigrants who are already here ??
...if people are motivated then maybe we can do media campaign too ..
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the above idea does not need any money / members can do it from the comfort of their homes ..please comment and either support this or come up with better idea ..Thanks in advance !!!
(if the idea sounds good ..then all members can spread the word in their community - i.e. temples, churches, local potlucks, subdivision, apartment, AMWAY meetings etc etc ..at the very least IV membership will increase)