unitednations
02-04 12:58 PM
In my opinion by 'Using the unused EB2 visa for EB3 ROW instead of EB2 India', USCIS is following the law as congress pased it...The law may be not fair but that is a different issue...If you want to change the law you have to get that done from the congress...suing USCIS would get you nowhere....
People seem to think uscis/dos is doing it wrong and it should be going horizontal rather then vertical. However, since people just keep getting mad at it because they think dos is doing it wrong but are not willing to do something about it.
The main thing ac21 did differently then before enactment of ac21 was that it allowed unused visas from ROW to be used by other countries on a quarterly basis and not in the final quarter.
One of the frustrations is that dos/uscis was very lazy in approving cases and allowing 485 filings and weren't watching because they allowed too manyh people to file (as soon as there are more applicatoins then visa numbers they are supposed to establish cut off dates). They had more applications then what they can approve long before they actually established cut off dates (January 2005). However, people got spoiled. Now they are going back and being very careful about it. This situation should have presented itself much before it actually did.
People seem to think uscis/dos is doing it wrong and it should be going horizontal rather then vertical. However, since people just keep getting mad at it because they think dos is doing it wrong but are not willing to do something about it.
The main thing ac21 did differently then before enactment of ac21 was that it allowed unused visas from ROW to be used by other countries on a quarterly basis and not in the final quarter.
One of the frustrations is that dos/uscis was very lazy in approving cases and allowing 485 filings and weren't watching because they allowed too manyh people to file (as soon as there are more applicatoins then visa numbers they are supposed to establish cut off dates). They had more applications then what they can approve long before they actually established cut off dates (January 2005). However, people got spoiled. Now they are going back and being very careful about it. This situation should have presented itself much before it actually did.
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rp0lol
03-09 07:55 PM
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krishnankai
04-10 07:45 PM
I'm not sure if I'm eligible to apply for Master's quota. I'm done with all my degree requirements and I've scheduled my thesis defence on MAy 20th. Is it still possible that I can apply in Master's quota. I've a letter from my schools which states that I'm done with all my degree requirements and I'll be finishing thesis on May 20th. Is this letter enough to apply for MAsters??
you need a letter from the registrar saying that you will get the diploma dated mm/dd/yyyy - for which i think the thesis should be complete.
you need a letter from the registrar saying that you will get the diploma dated mm/dd/yyyy - for which i think the thesis should be complete.
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bigboy007
04-14 02:12 AM
My friend, Who said its not a problem? in my earlier post I have provided a big laundry list of Line cutting measures in place are these not problems? BUT the point is , is it worth it a fight ? Subs is long gone, We are fighting for Country quota from a year + atleast and we are still at square one and the problems keep worsens. We all worry about subs where there is no action. There is no fixing to this right now its a dead horse. Problem is VISA Numbers in XYZ,000's. Lets recapture them...
Why do you think it is unethical, I was stuck in Labor My comp gave me one option use either subs or dont ask us... In fact I even dont have exact copies of my subs thats hidden from me. So for me is that Unethical? For me a person who qualifies for EB2 and applies now is a line cutter due to the fact that EB2 Q is better than EB3 and they are getting green card faster. Law allows them to do that. is it not jealous to me ? The list grows...
Labor substitution may be legal but it is unethical. When everything depends on when you join the queue, how can one cut the line?
Whereas EB3 to EB2 porting is both legal and ethical. When you have a EB3 applicant that is waiting in line for 8 years, he/she had already gathered that much experience based on his long wait. Also, if you look at EB2, it is one of the highly abused category. The EB3 applicant who started in 2001 has joined the line half a decade before the one with 2006 Eb2 PD. One can't really accuse him/her for cutting the line just like one can about substitutes! If the EB3 porting case deserves merit, then I strongly support it!
My intention is not to to start a fight. But we need to see the true picture. Without acknowledging the problem how can we fix it?
Bottom line, GC abuses need to stop and we should fight for it as much as we fight for our rights to get GC!
Why do you think it is unethical, I was stuck in Labor My comp gave me one option use either subs or dont ask us... In fact I even dont have exact copies of my subs thats hidden from me. So for me is that Unethical? For me a person who qualifies for EB2 and applies now is a line cutter due to the fact that EB2 Q is better than EB3 and they are getting green card faster. Law allows them to do that. is it not jealous to me ? The list grows...
Labor substitution may be legal but it is unethical. When everything depends on when you join the queue, how can one cut the line?
Whereas EB3 to EB2 porting is both legal and ethical. When you have a EB3 applicant that is waiting in line for 8 years, he/she had already gathered that much experience based on his long wait. Also, if you look at EB2, it is one of the highly abused category. The EB3 applicant who started in 2001 has joined the line half a decade before the one with 2006 Eb2 PD. One can't really accuse him/her for cutting the line just like one can about substitutes! If the EB3 porting case deserves merit, then I strongly support it!
My intention is not to to start a fight. But we need to see the true picture. Without acknowledging the problem how can we fix it?
Bottom line, GC abuses need to stop and we should fight for it as much as we fight for our rights to get GC!
more...
gauravsh
08-12 09:49 PM
potatoeater can be anyone. He has so many reds. You should always check out a person. Get his name and phone number to check him before giving him any personal information. Just my thoughts.
thanks man for concern, but nothing personal information was given. I am just trying to help a desi.
thanks man for concern, but nothing personal information was given. I am just trying to help a desi.
rsdang
08-21 04:09 PM
Come on we do more than just complain... we also wait patiently for years :-)
more...
eb2dec2005
09-13 01:49 PM
I incorporated the points you made and the revisions are in fuchsia:
The Ombudsman
USCIS
September 10. 2008
Sir/Madam,
On behalf of the employment-based legal immigrant community in the United States of America, I am writing to highlight the ongoing egregious inefficiencies in the immigration �services� provided by the USCIS and the DOS. There have been numerous occasions when there have been erratic movements in the DOS published visa bulletin dates. This, as we understand it, is owing to USCIS under- or over-estimating the number of applicants available for adjustment of status. And in the rare instances when the date finally moves forward by a substantial window, USCIS tends to approve the more recent applications as opposed to the ones that were filed earlier. Let me explain with an example: in the July 2008 visa bulletin, the cut-off date for the India EB2 category was 01 April 2004. A month later, the cut-off date for Indian EB2 applicants abruptly moved forward two years and was set at 01 June 2006. Instead of approving applicants who applied in 2004 and 2005, USCIS approved applicants from 2006. Where is the justice in that??? Why bother publishing the cut-off date if approvals are to be randomly allocated???
We understand we have to stand in line and wait our turn. Each applicant is assigned a priority date which chronologically determines his/her turn for approval. To further complicate matters, once the I-485 is filed, a crop of other dates are issued by the USCIS � a receipt date, a notice date and a processing date. USCIS then takes the liberty to throw random rules at us � �Case adjudication is based on receipt date� �No, we process applications based on notice date�, �Actually, it�s the processing date that determines which applications are adjusted.� !!!
Please take a moment to consider how these conflicting statements and arbitrary decisions wreak havoc on our morale and psyches? No one, NOT even the USCIS, has a clue as to what exactly is happening in their processing centers. The USCIS has never been able to clearly state the exact number of applications languishing, excuse us, we meant pending, in their �service� centers! We, employment-based immigrants, are tax-paying, law-abiding, educated individuals contributing to America�s knowledge economy - yet we have been subjected to the worst aspects of the US employment-based immigration system. These include:
1) Extended wait times at each step of the immigration process.
2) Lack of transparency on the part of USCIS (re: priority date, receipt date, notice date).
3) Lack of USCIS customer service � once applications are submitted to USCIS they disappear into a black hole. Barring a website where one can nominally check one�s case status (but which in reality remains static for months, even years!) there is no concept of updating an applicant on where his case stands. And this is despite the applicant paying immigration fees that often run into thousands of dollars over the years. We are simply expected to wait in a complete void of information, for however long it may take, until approval.
4) Lost opportunities owing to the lack of job portability during the process (a time period spanning an average of five years, whereas an applicant from any country besides India gets his/her PR card in under two years).
Another inconsistency, surfacing in August 2008, begs redressal � while I-485 applicants (albeit those from 2006 instead instead of earlier years) at the TSC were being approved in a steady stream, the NSC was almost completely inactive resulting in only a very few cases being approved prior to August 20th. After this date, the NSC appeared to completely hold off on all I-485 approvals while approvals continued at the TSC. Could somebody please account for this preferential treatment for I-485 applicants at the TSC versus those at the NSC? Furthermore, when complaint faxes were sent in to the NSC in protest, instead of issuing a formal statement to explain their approach, the NSC retaliated by issuing a bunch of RFEs. Is the USCIS trying to intimidate us so that we remain quiescent??
While we are grateful for the opportunity to partake in the American dream, it is ironic that we arrive in America and find that our freedom is shackled � we are bound to our sponsoring employer from the start to the end of an extremely lengthy process. Although legal immigration reform is our ongoing aim, for now, we sincerely request you to investigate the process whereby the monthly visa bulletin is set and to ensure FIFO (first in, first out) adjustment so that those of us who have been waiting longer receive attention prior to those who have applied later. We want USCIS to be accountable to us, its paying customers.
We request you to lend us your ear and address these issues so that we are not subjected to them in the future. Kindly note that there remain roughly 15 days until the October 2008 visa bulletin goes into affect. Once October arrives, the dates for Indian EB2 candidates retrogress to 2003. We believe you have the power to help a few more of us who have been waiting, seemingly endlessly, to get out of this immigration limbo.
Thanking you,
I really appreciate your initiative in drafting this letter.Please let us know, how each one of us could contribute . Whom should the faxes/emails/pamplets be sent.
The Ombudsman
USCIS
September 10. 2008
Sir/Madam,
On behalf of the employment-based legal immigrant community in the United States of America, I am writing to highlight the ongoing egregious inefficiencies in the immigration �services� provided by the USCIS and the DOS. There have been numerous occasions when there have been erratic movements in the DOS published visa bulletin dates. This, as we understand it, is owing to USCIS under- or over-estimating the number of applicants available for adjustment of status. And in the rare instances when the date finally moves forward by a substantial window, USCIS tends to approve the more recent applications as opposed to the ones that were filed earlier. Let me explain with an example: in the July 2008 visa bulletin, the cut-off date for the India EB2 category was 01 April 2004. A month later, the cut-off date for Indian EB2 applicants abruptly moved forward two years and was set at 01 June 2006. Instead of approving applicants who applied in 2004 and 2005, USCIS approved applicants from 2006. Where is the justice in that??? Why bother publishing the cut-off date if approvals are to be randomly allocated???
We understand we have to stand in line and wait our turn. Each applicant is assigned a priority date which chronologically determines his/her turn for approval. To further complicate matters, once the I-485 is filed, a crop of other dates are issued by the USCIS � a receipt date, a notice date and a processing date. USCIS then takes the liberty to throw random rules at us � �Case adjudication is based on receipt date� �No, we process applications based on notice date�, �Actually, it�s the processing date that determines which applications are adjusted.� !!!
Please take a moment to consider how these conflicting statements and arbitrary decisions wreak havoc on our morale and psyches? No one, NOT even the USCIS, has a clue as to what exactly is happening in their processing centers. The USCIS has never been able to clearly state the exact number of applications languishing, excuse us, we meant pending, in their �service� centers! We, employment-based immigrants, are tax-paying, law-abiding, educated individuals contributing to America�s knowledge economy - yet we have been subjected to the worst aspects of the US employment-based immigration system. These include:
1) Extended wait times at each step of the immigration process.
2) Lack of transparency on the part of USCIS (re: priority date, receipt date, notice date).
3) Lack of USCIS customer service � once applications are submitted to USCIS they disappear into a black hole. Barring a website where one can nominally check one�s case status (but which in reality remains static for months, even years!) there is no concept of updating an applicant on where his case stands. And this is despite the applicant paying immigration fees that often run into thousands of dollars over the years. We are simply expected to wait in a complete void of information, for however long it may take, until approval.
4) Lost opportunities owing to the lack of job portability during the process (a time period spanning an average of five years, whereas an applicant from any country besides India gets his/her PR card in under two years).
Another inconsistency, surfacing in August 2008, begs redressal � while I-485 applicants (albeit those from 2006 instead instead of earlier years) at the TSC were being approved in a steady stream, the NSC was almost completely inactive resulting in only a very few cases being approved prior to August 20th. After this date, the NSC appeared to completely hold off on all I-485 approvals while approvals continued at the TSC. Could somebody please account for this preferential treatment for I-485 applicants at the TSC versus those at the NSC? Furthermore, when complaint faxes were sent in to the NSC in protest, instead of issuing a formal statement to explain their approach, the NSC retaliated by issuing a bunch of RFEs. Is the USCIS trying to intimidate us so that we remain quiescent??
While we are grateful for the opportunity to partake in the American dream, it is ironic that we arrive in America and find that our freedom is shackled � we are bound to our sponsoring employer from the start to the end of an extremely lengthy process. Although legal immigration reform is our ongoing aim, for now, we sincerely request you to investigate the process whereby the monthly visa bulletin is set and to ensure FIFO (first in, first out) adjustment so that those of us who have been waiting longer receive attention prior to those who have applied later. We want USCIS to be accountable to us, its paying customers.
We request you to lend us your ear and address these issues so that we are not subjected to them in the future. Kindly note that there remain roughly 15 days until the October 2008 visa bulletin goes into affect. Once October arrives, the dates for Indian EB2 candidates retrogress to 2003. We believe you have the power to help a few more of us who have been waiting, seemingly endlessly, to get out of this immigration limbo.
Thanking you,
I really appreciate your initiative in drafting this letter.Please let us know, how each one of us could contribute . Whom should the faxes/emails/pamplets be sent.
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paisa>cents
08-14 12:27 PM
Any one please let me know how does the receipt number look like.My 140 already had SRC number.Sorry for my ignorance.
Thanks
Sanjay
Thanks
Sanjay
more...
summitpointe
04-27 02:31 PM
Six years in US complete
Previous employer cheated by not filing GC
So need to change employer for filing GC
EB-3
I-140 approved with current employer
Not able to file I-485 because of retrogression
Wife not able to work
Moving around for jobs with family
Cheating Employer
Frustation with H1B Extension and stamping
Not able to Plan to go to India because of Interview dates
Not able to plan on good school Child's education
Not able to spend more money on good health insurance
Lot of time and money spent on H1B Extension and stamping
Signing short term lease for Apt's and moving around
Drivers license based on H1B papers
No benefits like 401K etc with small employers
Sick with the current employer
Previous employer cheated by not filing GC
So need to change employer for filing GC
EB-3
I-140 approved with current employer
Not able to file I-485 because of retrogression
Wife not able to work
Moving around for jobs with family
Cheating Employer
Frustation with H1B Extension and stamping
Not able to Plan to go to India because of Interview dates
Not able to plan on good school Child's education
Not able to spend more money on good health insurance
Lot of time and money spent on H1B Extension and stamping
Signing short term lease for Apt's and moving around
Drivers license based on H1B papers
No benefits like 401K etc with small employers
Sick with the current employer
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prinive
07-05 07:22 PM
Can we have some tieup with some flower delivering company? Like, for each floer ordered by IV member, some percentage will be donated to IV. But the point is every one from here will order the flowers through them. Any thoughts?
more...
Kven24
03-07 05:53 PM
Do we have any updates on where to send the check?
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ThinkTwice
03-06 12:53 PM
I pledge $50 for this effort but I would also like to state that we should think before we move ahead, some items to consider are
- Some one mentioned that we should try to leverage the press to get coverage for the response.
- We should forward the response from USCIS to the president, first lady, ombudsman, Secretary of State etc
- Get an exact understanding of what information would benefit us most and make sure we ask specifically for that
- Try to negotiate a better rate with USCIC ;)
Peace
- Some one mentioned that we should try to leverage the press to get coverage for the response.
- We should forward the response from USCIS to the president, first lady, ombudsman, Secretary of State etc
- Get an exact understanding of what information would benefit us most and make sure we ask specifically for that
- Try to negotiate a better rate with USCIC ;)
Peace
more...
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nozerd
12-18 07:56 PM
Just made my additional contribution.
Best of luck to us all
Best of luck to us all
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potatoeater
05-10 09:54 PM
I just want to generate enough internet chatter so that the issue of substitute labor will come on CIS radar. I know for sure that a huge fraud was perpetrated during July 07 fiasco by some unscrupulous consulting companies who sold pre-approvevd labors like frozen pizzas. Just heat and eat.
And I also know for sure that IV has gained enough publicity that CIS folks might be tempted to check it now and then. May be they will take notice of this thread and start investigation of all the subst labors.
I surely am pissed as hell on somebody who came to this country in 2007, and got his/her GC by paying money for some 1999 pre approved labor. I will fight on.
And I also know for sure that IV has gained enough publicity that CIS folks might be tempted to check it now and then. May be they will take notice of this thread and start investigation of all the subst labors.
I surely am pissed as hell on somebody who came to this country in 2007, and got his/her GC by paying money for some 1999 pre approved labor. I will fight on.
more...
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qasleuth
12-09 02:41 PM
wtf are u talking abt? water boarding? windsurfing? osmosis? archery? shacking..:D.
wtf are u talking abt? water boarding? windsurfing? osmosis? archery? shacking..:D.
I guess you are trying to be funny here, I get that but please make atleast half an attempt to understand the issues before making a snide remark.
Osmosis == the tendency of a fluid, usually water, to pass through a semipermeable membrane into a solution where the solvent concentration is higher, thus equalizing the concentrations of materials on either side of the membrane.
Socio-Economic Osmosis == When you have a developed/super rich country across the borders with opportunities which do not exist in your homeland, people tend to move from one area to the other.
I take you have not heard of "waterboarding". Google for the term and you would perhaps see what you have missed in the last 6 years.
wtf are u talking abt? water boarding? windsurfing? osmosis? archery? shacking..:D.
I guess you are trying to be funny here, I get that but please make atleast half an attempt to understand the issues before making a snide remark.
Osmosis == the tendency of a fluid, usually water, to pass through a semipermeable membrane into a solution where the solvent concentration is higher, thus equalizing the concentrations of materials on either side of the membrane.
Socio-Economic Osmosis == When you have a developed/super rich country across the borders with opportunities which do not exist in your homeland, people tend to move from one area to the other.
I take you have not heard of "waterboarding". Google for the term and you would perhaps see what you have missed in the last 6 years.
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santb1975
12-02 10:56 PM
This feels great
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swamy
11-25 01:57 PM
!@#$%^&*(())- thats 'bump' in Michiganese - I mean waht we yell when we hit one
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insbaby
11-12 01:00 PM
People have given me reds for asking the dad to go to the cops and reminding this dad his duties.
I think these people who have given me reds only know how to produce many babies but do not know that it comes with a responsibility. Shame on you and to all those who live a life of fear and teach the same on this forum.
Tell me something, if you have an illegal gardener/cleaning guy/moving helper/carpenter/plumber/handyman/male babysitter etc in your house and you have employed him for his servicesand he rapes your wife. Will you not go to the cops? Or will you sit tight at home and just post on the forum saying that you are an H1B and you fear that your H1 and greencard application will be revoked. If you still feel that not going to the cops is a better option, then I do not think your wife deserves a Man like you and certainly not a impotent person like you.
I find posts on this thread very repulsive and cannot hold back these strong words.
Great Internet.
Without knowing whether such an insident happened or not, you can talk this much.
1. There have been no evidences so far.
2. Don't know whether the thread creator is the parent or nanny.
3. Don't know whether it could be someone just want us to engagge in some sensitive arguments.
I support you on going to cops, but prepare in advance to handle the backfire.
I think these people who have given me reds only know how to produce many babies but do not know that it comes with a responsibility. Shame on you and to all those who live a life of fear and teach the same on this forum.
Tell me something, if you have an illegal gardener/cleaning guy/moving helper/carpenter/plumber/handyman/male babysitter etc in your house and you have employed him for his servicesand he rapes your wife. Will you not go to the cops? Or will you sit tight at home and just post on the forum saying that you are an H1B and you fear that your H1 and greencard application will be revoked. If you still feel that not going to the cops is a better option, then I do not think your wife deserves a Man like you and certainly not a impotent person like you.
I find posts on this thread very repulsive and cannot hold back these strong words.
Great Internet.
Without knowing whether such an insident happened or not, you can talk this much.
1. There have been no evidences so far.
2. Don't know whether the thread creator is the parent or nanny.
3. Don't know whether it could be someone just want us to engagge in some sensitive arguments.
I support you on going to cops, but prepare in advance to handle the backfire.
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anilsal
09-07 11:42 PM
In that case make it 10,000 + 11,724 , as we all will be directly or indirectly watching you.
Please do not quote Lou Dobbs viewership numbers here.
Please do not quote Lou Dobbs viewership numbers here.
Daisy
04-12 02:19 PM
I have sent my story just now.
PlainSpeak
04-15 09:47 AM
Now you are telling the real reason :)
2 yrs wait?? Its been 4 yrs and yet to file 485
Fortunately you are one among the minorities that oppose this proposal. I am glad that IV has this proposal as part of its agenda
Whether i am a minority and whether i am a majority does not make any difference.
If you want legal speak then ...
Giving GC to STEM graduates is not the right way. If US needs to keep these educated people in US then US needs to make sure these educated people get an H1B without any issues and then they are on the path to GC like everyone else because H1B is a dual intenet visa. Jumping from a F1 visa to a GC visa is not correct as F1 visa is not a immigration intenet visa
If you want plain speak then ...
Why should STEM graduates have it easy when a H1B has to struggle and wait in liner to get a GC.
I would agree to this only is the requirement is made so that only PHD and scientist who have atleats acouple of research papers published be given GC and not every Tom, Dick and harry who completes 4 years engg degree in india from a 2 bit university and whose parents have money and uses this money to pay for 2 years MS.
2 yrs wait?? Its been 4 yrs and yet to file 485
Fortunately you are one among the minorities that oppose this proposal. I am glad that IV has this proposal as part of its agenda
Whether i am a minority and whether i am a majority does not make any difference.
If you want legal speak then ...
Giving GC to STEM graduates is not the right way. If US needs to keep these educated people in US then US needs to make sure these educated people get an H1B without any issues and then they are on the path to GC like everyone else because H1B is a dual intenet visa. Jumping from a F1 visa to a GC visa is not correct as F1 visa is not a immigration intenet visa
If you want plain speak then ...
Why should STEM graduates have it easy when a H1B has to struggle and wait in liner to get a GC.
I would agree to this only is the requirement is made so that only PHD and scientist who have atleats acouple of research papers published be given GC and not every Tom, Dick and harry who completes 4 years engg degree in india from a 2 bit university and whose parents have money and uses this money to pay for 2 years MS.