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Very well written. I can tell you through my observations of living in this society for 35 years:

1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)

2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)

3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.

4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.

5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).


Now I don't want to get people upset but let's look at some things that have happened since 2005:

There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.

In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.

In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas

Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.


Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.

Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?

This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.

In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I + C.
As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time, I believe that there are many Eb3ROW folks with PDs later than mine that have sailed through ahead of me! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
In the mean time, those like me have dealt with a barrage of other processing changes that have also affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.

We received our two year EAD from TSC on August 4th. RD and ND June 18th. No worries for two years.

BTW my PD has been current since August 1.

I believe when you get a promotion a new H1B has to be filed and that is hurdle in many aspects. Or what if the company is small and there is nothing to aspire for... like me?

Guyz what flowers are u sending lets keep it uniform ... l

Click on the link-

http://www.ftd.com/528/catalog/produ...&Go.x=0&Go.y=0


Those are nice "sweetheart" roses :)

I've been coping with GC related stress by meditating as much as I can. Meditation releases endorphines which helps you calm down and have a clutter free mind. I know it is easier said than done, but it works. I also take meditative walks on weekends. We have trails near our house which take me to deep wooded area away from traffic and everything. I walk about 4-5 miles on weekends. Lately not walking due to cold. I also listen to Deepak Chopra, Joel Osteen, Wayne Dyer on Youtube. Hope this helps.

Mine is Eb 3..was sent to Nebraska, got there July 2, signed by R. Michaels at 9 am...Transfered to Texas,Received July 6...They sent me the Notice of Action for my 140 but I don't know anything else and I also sent at the same time 485-765 for my whole family...

:D

Asking help from Senator Sessions for your G-card is like asking help from Bil Ladan to wipe out islamic terrorism. I w'd be extremely curious to read his reponse if you get one at all.

This guy was talking about benefits of legal immigration and introducing Canada/Australia style G-card system only a few weeks ago when law makers were discussing illegal immigration. When it came to legal immigration, then he stood against it like a wall of ice. Talk of people using divide and rule, he is the perfect example of that.

On a sad note, it seems even Dems are doing the same thing. When Cornyn wanted to put our bill in India Nuke bill, Joe Biden said dems will take that up along with CIR next jan. Same old game of promises and betrayal. Now even dems will not be taking up CIR next year as this has been turned into a very sentimental issue now by Lou dobbs and his xenophobic racist gang. Did not you see Nancy Pelosi's agenda for january? They are worried about their presidential and house races in 2008 and don't want to take any chance. Harry Reid might say this is one of the first things on his agenda next year and Tad Kennedy and McCain might keep meeting and talking over a cup of tea, but we have seen all this drama so many times that it does not thrill us any more.

Bottomline, we are not needed the way we used to be in '70s and '80's and so be contended with the current pace of g-card processing. If you have patience and luck, stay here, else leave.

Indians have bunch of these tricks up their sleeves. Some are paid to take these interviews. Either the interviewer should rely on certification programs or employ voice recogntion and video conferencing to fish out these duds.

Coming to the SKIL bill and Sen. Sessions, I am mailing my story to him at http://sessions.senate.gov/email/contact.cfm. Hopefully, he will come around and support immigration reform.

Dear Senator Sessions,

I am a legal immigrant living in this country from 1995. I have been paying income taxes dutifully and contributed to the American Economy all these years. I paid Social Security and Medicare taxes, and as part of the bargain, I am eligible for Social Security payments when I retire. I own a house in this country and I am married.

I came to know that you put a hold on SKIL bill in the Senate as you have not received any feedback from legal immigrants. This is in response to your hold.

I applied for Greencard in May 2002. I have two Masters degrees and over eight years of leadership experience in the IT field in Fortune 100 companies. I have about thirteen years of experience in the IT industry. You would have expected that I should have the Greencard in my hand by now. That is not the case unfortunately.

My case is languishing in the labor certification stage at Philadelphia backlog Elimination Center for the past two years. Labor certification is the first stage in the Greencard processing. I am into my 7th year H-1B extension now and I have to renew my VISA every year.

My wife is a structural Engineer who had to put her career on hold, because she can not work until my Greencard petition moves forward. My wife has a Masters degree in Structural Engineering. We hear in papers that Alabama is short of Engineers. Why not improve efficiency at USCIS and use available workforce in the US?

Legal immigration reform is essential to alleviate the pain and suffering borne out by legal immigrants in unending waits for the relief.

I am expecting my Greencard petition to arrive only in another four years.

Some of the anti-immigrants complain that more immigration pollutes the cities and chokes the cities. This is a falsehood propagated by them. My wife and I are living in this country as we speak. Granting us faster immigration relief does not increase population, rather it changes our status only - from hung upside down to standing straight.

I request you to support EB immigration reform bills in Senate in the future and show us some light. The focus should be on how quickly America can assimilate legal immigrants by making the process easier. I am sure you would come hard on USCIS to process immigrant petitions efficiently.

Some of the key provisions which would need your support are ...

1. Recapturing VISA numbers from past years, which were left unused as USCIS never processed the full annual quota of immigration petitions in a timely manner, thus letting them expire.

2. Allowing EB immigrants to apply for three year work permits instead of one year work permits which they have to renew every year. This lets us renew our drivers licenses also every three years instead of every one year.

3. Forcing FBI to completing fingure print checks and background checks in a timely fashion instead of current waits which stretch to three years or more.

4. Processing labor certifications in the backlog elimination centers by September 2007 as promised to Congress in the past.

5. Ability to file for I-485 petition, even when the priority is not current. This would help lots of people in the retrogressed categories of immigration.

Thanks a lot for your time in reading in this lengthy post. I hope you see the suffering of EB immigrants and support immigration reform in the future.

guys new to this forum. Was in another forum. But here is the real deal.
Its not a question of blood sucking etc...i know, i was very involved in my company. The real reason for delaying the I-485 process is the company has to really disclose a lot ( i mean a lot) of its financial information about itself to USCIS,( including the latest tax returns) etc..
A lot of small business do not want to do that as they differ their taxes for years. Tax differment is not new ( read about News Corp). These companies do not want to get into these situations.

thats it my 2 cents...from the inside


I guess the employer financial records are applicable only during I-140 stages, "Ability to Pay". But for 485 I do not think it is required for employer to prove that they are financially stable

I have a question regarding the 180 day rule. I am a July 2nd filer, got EAD and AP and did my FP. my I-140 was also approved in oct 2007. So, I will be meeting the 180 day rule and I-140 approved criteria in jan 2nd,08.

Can I change job after Jan 2nd or I have to wait for 180 days from the time of 140 approval date. I think if its from 485 receipt date, I do meet 180 days rule and am safe to move on with another job/employer.

I know this question should had been asked by other members also, but I don't want to search all threads.

Looking for some genuine answers instead of thread bashings.

Thanks in Adv.

I'm with you!

I pledge $100.

Hi All,

I have to do the landing before june, 2008.

I have already used AP to enter US after my last trip to India. So IO at POE canada will know that I have pending 485. don't know how to handle this situation.

I am planning to do the landing in last week of may via Niagra falls. (toronto)

anyone with similar status done landing please share your experience.

Thanks

I'm confused!
I am July 2nd filer from last year. I did receive a FP notice in Oct 2007 but couldn't go for it. I sent a letter asking for another date but TSC..So go figure!
Now my FP is not done and I am current next month.
My company does only paper based filing for EAD. (Is e-filing costly?)
Will I not get any FP notice again?
I have tried calling TSC and no response after putting a SR. I tried dropping in at an ASC here and they didn't take my FP either..

Does paper based filing not trigger FP? Is it slower?

FP is mainly for E-filing folks, paper filers need not take FP.

Some of my cousins and friends who are just leaving college (even the prestigious IIT's) are unwilling to come to the US.

If they do come here, they are reluctant to go after the "GC". They want to wait for a few years, and would embark upon the journey only if there are any "fixes" in the EB GC system.

If not, there are several developed countries that take point based immigrant visa applications and give you a decision in a year or two.

Most of these young friends have already made plans to apply to these countries. Those who qualify have already applied. In one case, a friend whose H1B did not go through last year, immigrated to Australia. (Both he and his wife also found a job in less than a month.)

2, I can appreciate your position. You have already spent several years here, and yet no decision in the sight. If possible, you could still create a fall-back option like Canada/UK/Australia. A PR in these countries might give us easier access come back to the USA later (although not permanently).

I just called USCIS. The woman was polite but she told me there is nothing she can tell me since it is still within 90 days and she cannot tell me the receipt number. :mad:

I gues it depends on who you talk to.

Thank you very much!

We're anxiously waiting for the receipt notice in the mail...

Why don't posters on this forum move back to their home country and concentrate on making their home country great instead of slamming into someone else's country and just living off the wealth others have created?

The bottom line is that a SKIL act is not needed. Hundreds of thousands of American programmers have lost their job to the third world, both in outsourcing and insourcing of third world programmers who work for cheaper wages. There is absolutely no need for more foreigners here and no need for more green cards. Temporary workers are just that - temporary. If you are on a temporary visa, work your time, make some money for your family and head home when your time is up. Don't cry that we don't provide enough green cards when you knew what kind of visa you were on.


This guys ignorance is clear and not based in the reality of the world today. He and his kind think by keeping those like us out, they can influence the demand supply dynamics of the labour market, indeed shallow, hillbilly economics.
That would perhaps have been true 25 yrs ago when capital was relatively locked in.
The reality now is Capital is freely mobile even if skills are not (and that too is open to debate due to the Internet) and from the looks of the trade deficits, thats one battle america is losing. If the capital flows start reversing due to such things as immigration policies, they ought to prepare for a plummetting dollar, high interest rates, mega inflation, and shortages in commodities. That will make the movie Apocalypto seem like a gentle transition.
His kind do not realise that skilled immigrants are not a threat, they are anchors of capital/investment to this country so that their kind can continue to enjoy their current lifestyle.
Fortunately for this great land his ignorant/xenophobic kind are a vocal but ignored minority, the last election demonstrated this. Pity that the republican party which at its core has good policies, is infested by this group.

I'm a july filer (July 16th)
have gotten EAD
Case status online says AP approved on Nov 2nd.
But NO FP.
Opened a SR on Oct 19th but don't have an appointment.
Called again yesterday and was told to call back on Nov 19th if I still don't have FP appointment.
Of the 6 filers at my job, only 2 got FP...very strange.
FYI, when I called the USCIS, they said it is very unusual not to get FP right after receipt notices. Apparently, the FP appointments are sent "automatically" after the receipts are generated/sent etc. That's what the USCIS rep told me anyways and she opened a SR on her own based on the info I gave her that my FP appointment hadn't arrived after over 100 days.

Called just now and the agent gave me the receipt numbers for 485 and EAD. No details about AP.
Sent to NSC on july 2nd. Received by them on 3rd.
Had LUD on approved I140. (Transferred to TSC)
RNs start with LIN!!!

Guys,
E-mails are good, but if you can fax them too:

Fax numbers to key senators in DC offices:

Clinton: 202-228-2082
Schumer: 202-228-3027
Lott: 202-224-2262
Reid: 202-224-7327
Cornyn: 202-228-2856
Hagel: 202-224-5213
Martinez: 202-228-5171
McConnell: 202-224-2499
Obama: 202-228-4260
Kennedy: 202-224-2417

Love India, gave me the best time.
Came to US for higher education. Love USA.

Not yet in the GC mess, but if I want to stay here, I will have to get in. (Hoping that the problem will be solved by the time I apply :D )

Visited India and love the progress. The final act of moving to India is not always GC, money or lifestyle. It boils down to the family one has in India. Having been away from India for long, don't feel comfortable with relatives anymore. Recently lost my dad, who meant everything to me. Can't think of going back to a place where he is not there anymore!

Good luck to all who decide to go back to India and Good luck to all who decide to stay back in the US.


Those who have come from India (specifically India born) really need lots of luck , perhaps even a miracle, to prevent their GC boats from sinking.

I'm shocked after listening this news. May God guide you to make a right decision and good choice and shower happiness in this world and hereafter.