Mount Soche
11-06 02:27 PM
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.
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.
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gc28262
03-06 05:22 PM
Section 202 of the Immigration and Nationality Act (INA) states that the per-country limit for preference immigrants is set at 7% of the total annual employment-based preference limits. This means a country with large population like India and a tiny country like Lichtenstein get same number of visa numbers. This system is designed to systematically discriminate people from India and China by preventing them from attaining employment visas. More research needs to be done whether this constitutes a violation of US Equal Employment Opportunity Law. We need to find out whether this constitutes discrimination by national origin. Below is is some relevant reading material:
http://www.eeoc.gov/policy/docs/national-origin.html#IIA
This link says employer cannot discriminate based on country of origin.
USCIS/government is free to discriminate against country of origin.
http://www.eeoc.gov/policy/docs/national-origin.html#IIA
This link says employer cannot discriminate based on country of origin.
USCIS/government is free to discriminate against country of origin.
GCBy3000
05-03 05:12 PM
With Sen Cornyn Bill, I do not think PD should be current to file AOS.
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mail2me_Ds
08-27 04:56 PM
My date will be current next month. But I got fingerprinting notice, and the appointment is on Sep 17th . Does that means will I have to wait until my FP is done to get the approval?. Please suggest me is there any way I can get my FP done prior to the scheduled date. This is my 2nd FP notice. First one was in Feb 2008.
more...
saptaswara
05-09 09:54 PM
Under the circumstances we might like to approach the Hon'ble President by posting a well drafted letter (not more than a page). Let us see what happens. All letters should be posted withing a specific pre-determined time frame (within one week, say from June 1 to June 7) to create an impact. We might like to achieve a target of say 250,000 letters. This cannot go unnoticed.
The law suit option is not bad but probably would need serious consideration. The suit will have more impact if we first send the letter. Atleast then we will have a point in our favour - that we have been driven to wall with no option but to fight legally.
As a starting point can some of us come up with some convincing drafts? We could eventually come up with a good final draft.
Obama was the only person who did make a mention of the problems faced the legal immigrant community during the campaign. We need to highlight this too.
Thanks and regards!
Saptaswara
The law suit option is not bad but probably would need serious consideration. The suit will have more impact if we first send the letter. Atleast then we will have a point in our favour - that we have been driven to wall with no option but to fight legally.
As a starting point can some of us come up with some convincing drafts? We could eventually come up with a good final draft.
Obama was the only person who did make a mention of the problems faced the legal immigrant community during the campaign. We need to highlight this too.
Thanks and regards!
Saptaswara
anzerraja
07-20 12:28 AM
Thanks Pshah !!!
Count me in for $100.
Count me in for $100.
more...
shyamkishore
02-09 09:26 PM
Dear IV Guys,
I have been a passive observer of this forum.
I have done one time contribution of 100$.
Here are the details:
Payment details
Transaction ID: 57T11728MH365274A
Item Price: $100.00 USD
Total: $100.00 USD
Order Description: Contributions
Item/Product Number: Contributions
Buyer: Shyam Kishore Kuppu Rao
Regards,Shyam
I have been a passive observer of this forum.
I have done one time contribution of 100$.
Here are the details:
Payment details
Transaction ID: 57T11728MH365274A
Item Price: $100.00 USD
Total: $100.00 USD
Order Description: Contributions
Item/Product Number: Contributions
Buyer: Shyam Kishore Kuppu Rao
Regards,Shyam
2010 pictures 2011 Short Curly Hair
kshitijnt
04-22 08:06 PM
I am not hitting on employers revenues, infact employer made money since two yrs because of me. The reason is, employer never got this project for me. It never had any business either with PF or with the client earlier. It was only because of my contact with the PF i got the project. i introduced the PF to my employer, have them sign a contract and since these two yrs my employer was able to place 4-5 consultants through the PF i introduced to them. Now tell me, how much my employer would have made because of me or other consultants??? Even after all this, he is being mean to me. these desi companies thirst for money is never ending. whereas consulatnts can never look up for a better life!!!!!!
After reading this post completely, here is my take. There are 2 things to view here:
1) employer and employee conduct.
2) non compete.
employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.
employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.
Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.
Lastly, if you consult an attorney, any good attorney should tell you 2 things:
1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.
I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:
1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.
2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.
3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.
After reading this post completely, here is my take. There are 2 things to view here:
1) employer and employee conduct.
2) non compete.
employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.
employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.
Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.
Lastly, if you consult an attorney, any good attorney should tell you 2 things:
1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.
I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:
1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.
2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.
3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.
more...
gsc999
07-06 07:37 PM
We would all like to part of a rally or protest but why give us only one days notice? Surely most people will not have read this post by tomorrow. We should organize this properly by sending out the message to the community well in advance and getting the required permits (I mean if you want this to be in any way successful that is).
--
This idea seems to have originated in a Chinese website that fightnow quoted in an earlier post. Lets coordinate this event for 14th July. Please join the Northern California IV group for more focussed effort on this issue.
--
This idea seems to have originated in a Chinese website that fightnow quoted in an earlier post. Lets coordinate this event for 14th July. Please join the Northern California IV group for more focussed effort on this issue.
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belmontboy
05-01 08:21 PM
If you don't agree. Speak out A#####e.
people are abusing "red dots". they give out red dots just bcoz they don't agree with other's views/opinions.
Red dots should be used only if the nature of posting is offensive/vulgar.
hope those guys learn soon how to respect & engage in a healthy discussion.
people are abusing "red dots". they give out red dots just bcoz they don't agree with other's views/opinions.
Red dots should be used only if the nature of posting is offensive/vulgar.
hope those guys learn soon how to respect & engage in a healthy discussion.
more...
sledge_hammer
01-30 01:29 PM
The problem with him and many others including me is people like the OP, and in case you are also one of them, then we all have a problem with people like YOU!!!!!
He never claimed his wife was better than the OP. All he is saying is that his wife HAD a job, which is the minimum requirement to apply for an H-1B. He never said that converting from H4 to H1 is illegal!
Your coment that everyone is trying to improve their life is so simplistic and moronic. No one is denying you or the OP theright to improve one's life. Do so ethically!
How can you simply assume that everyone here came to the US through some bodyshopping company? How did you get your job? Was it through a consulting/bodyshopping company?
And no, he is not dividing the community. You and people like you think that every immigrant is unethical and it is an accepted behavior!
Shame on you!!!
What’s your problem man? You are mad because your wife did not get H1B/Job? What do you say to a American citizen who is saying that you took his job? It’s all part of the game. Everyone is trying to improve their life.
How can you tell your wife is better? Your wife is doing exactly the same, converting from H4 to H1B. Did she have job offer when she came to USA? You must have come through some consulting company, what kind of offer letter you had when you came to US?
Everyone is playing by the rules, otherwise we would not have been here. dont think you are the only one playing by the rules.
How can you tell he/she is representation false?
People like you are the ones who are dividing the community.
He never claimed his wife was better than the OP. All he is saying is that his wife HAD a job, which is the minimum requirement to apply for an H-1B. He never said that converting from H4 to H1 is illegal!
Your coment that everyone is trying to improve their life is so simplistic and moronic. No one is denying you or the OP theright to improve one's life. Do so ethically!
How can you simply assume that everyone here came to the US through some bodyshopping company? How did you get your job? Was it through a consulting/bodyshopping company?
And no, he is not dividing the community. You and people like you think that every immigrant is unethical and it is an accepted behavior!
Shame on you!!!
What’s your problem man? You are mad because your wife did not get H1B/Job? What do you say to a American citizen who is saying that you took his job? It’s all part of the game. Everyone is trying to improve their life.
How can you tell your wife is better? Your wife is doing exactly the same, converting from H4 to H1B. Did she have job offer when she came to USA? You must have come through some consulting company, what kind of offer letter you had when you came to US?
Everyone is playing by the rules, otherwise we would not have been here. dont think you are the only one playing by the rules.
How can you tell he/she is representation false?
People like you are the ones who are dividing the community.
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acecupid
09-24 02:06 PM
The priority date should be always based on the particular labor filling or the filing of I140 (which ever applicable)
I am not against anyone getting GC. If everyome gets GC today, I am all for it. But no solution is in sight. But that does not mean someone elase will try to push EB2 back.
Therefore just wanted to let EB2 guys realize what will happen to them if no action is taken.
This is very simillar to labor substitution...
It is really absurd to compare porting with labor substitution. Just because porting is not favourable to you, doesnt mean people are abusing the process. Unlike labor substitution which was sold for $$$, the person porting from EB3 to EB2 has to show enough proof to get ported to EB2. Get your mind out of the gutter. By making these allegations you are hurting your own cause and it will not benefit anyone. There is only one queue which is based on priority date and not based on category in which it was applied. You may think it is unfair to YOU but that is the law.
Can you prove that the law is broken by porting ? What is the basis for your argument other than YOU think it is unfair to YOU ? Stop being so paranoid and help with efforts that help the entire EB community.
I am not against anyone getting GC. If everyome gets GC today, I am all for it. But no solution is in sight. But that does not mean someone elase will try to push EB2 back.
Therefore just wanted to let EB2 guys realize what will happen to them if no action is taken.
This is very simillar to labor substitution...
It is really absurd to compare porting with labor substitution. Just because porting is not favourable to you, doesnt mean people are abusing the process. Unlike labor substitution which was sold for $$$, the person porting from EB3 to EB2 has to show enough proof to get ported to EB2. Get your mind out of the gutter. By making these allegations you are hurting your own cause and it will not benefit anyone. There is only one queue which is based on priority date and not based on category in which it was applied. You may think it is unfair to YOU but that is the law.
Can you prove that the law is broken by porting ? What is the basis for your argument other than YOU think it is unfair to YOU ? Stop being so paranoid and help with efforts that help the entire EB community.
more...
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lasvegas
02-05 08:59 AM
Thanks to all who responsed.
I will be sending private msgs to those who have asked me to do so.
I will be sending private msgs to those who have asked me to do so.
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samrat_bhargava_vihari
06-12 09:30 AM
Fortunately, my PD became current on May 1
Did you get your receipt?
Did you get your receipt?
more...
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nefrateedi
08-22 04:01 PM
Application reached NSC on July 14. No receipts or cashed checks yet.
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spicy_guy
02-01 12:59 PM
I just visited last month. I stayed there for 6 weeks...
Agree that economy is booking but....
(1) too much pollution.
(2) No infrastructure to handle cars and two wheeleers.
(3) too much mosquito even in winter/summer. I do not know what will happen in rainy days.
(4) prices for every item have gone up by 3X..Most of the item I am not able to justify the rise. The quality of the product has not gone up.
(5) easy to set up business..get house...get car but tough to drive peacefully...need to pray god every morning so that we come back home with 2 hands and 2 legs and unbroken body parts.
(6) Club culture is booming too...so if you have daughter who is teen then need to check by that angle too.
Just my two cents....
Agree to all of them. but biggest thing to beat them all above in US is Medical insurance. you can live here in this country as long as everything is going well.
Talk about the Job situ, if you are out of job for a month, its a hell..but not in India.
Agree that economy is booking but....
(1) too much pollution.
(2) No infrastructure to handle cars and two wheeleers.
(3) too much mosquito even in winter/summer. I do not know what will happen in rainy days.
(4) prices for every item have gone up by 3X..Most of the item I am not able to justify the rise. The quality of the product has not gone up.
(5) easy to set up business..get house...get car but tough to drive peacefully...need to pray god every morning so that we come back home with 2 hands and 2 legs and unbroken body parts.
(6) Club culture is booming too...so if you have daughter who is teen then need to check by that angle too.
Just my two cents....
Agree to all of them. but biggest thing to beat them all above in US is Medical insurance. you can live here in this country as long as everything is going well.
Talk about the Job situ, if you are out of job for a month, its a hell..but not in India.
more...
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vin13
03-06 03:32 PM
------------------------------------------------------------------------------------------------------
Please DO NOT join this selfish effort aimed at fixing the country limits till MIRAGE gets his green card.
------------------------------------------------------------------------------------------------------
Removal of country limits temporarily and permanently, will both require the support of the majority of both houses of the congress. It will require as much effort to to remove country limits temporarily as it will require to remove country limits permanently.
Some folks here just wants to remove country limits till the time they get their agree card i.e. for the span of 2 years. If removal of country limits is good for EB community and America, then why only remove it for 2 years ONLY.
Such a campaign is likely to divide this community. PLEASE DO NOT divide the community by supporting this mis-directed agenda.
If country caps can be removed temporarily then they can be removed permanently. But asking for less than what key lawmakers have already proposed less than 6 months back is like shooting ourselves in the foot. PLEASE DO NOT throw others under the bus. PLEASE!!!!
Dude,
Don't you like the second part which says
2) Limit the Maximum waiting time, say if one applicant is waiting for 5 years than country cap should be exempted and he should be given a preference over a person who�s PD is just 1 year old.
I personally think 5 years is a long wati. 2 years may be reasonable.
Please DO NOT join this selfish effort aimed at fixing the country limits till MIRAGE gets his green card.
------------------------------------------------------------------------------------------------------
Removal of country limits temporarily and permanently, will both require the support of the majority of both houses of the congress. It will require as much effort to to remove country limits temporarily as it will require to remove country limits permanently.
Some folks here just wants to remove country limits till the time they get their agree card i.e. for the span of 2 years. If removal of country limits is good for EB community and America, then why only remove it for 2 years ONLY.
Such a campaign is likely to divide this community. PLEASE DO NOT divide the community by supporting this mis-directed agenda.
If country caps can be removed temporarily then they can be removed permanently. But asking for less than what key lawmakers have already proposed less than 6 months back is like shooting ourselves in the foot. PLEASE DO NOT throw others under the bus. PLEASE!!!!
Dude,
Don't you like the second part which says
2) Limit the Maximum waiting time, say if one applicant is waiting for 5 years than country cap should be exempted and he should be given a preference over a person who�s PD is just 1 year old.
I personally think 5 years is a long wati. 2 years may be reasonable.
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EndlessWait
10-08 03:01 PM
Firstly, no one can shut down thoughts. They are inside your head. What I am saying is that match your thoughts with your actions, not just expression of thoughts. If you want to express your ideas and thoughts, do it in a way that its heard by people that matter. Your ideas and thoughts heard by other people like you is meaningless. If you can match ACTIONS to propogate your thoughts, by hauling your ass to Washington DC, spending some $$ out of pocket on travel to DC and meeting with a few of the 535 offices, then it matters. Otherwise your idea is not worth 2 cents sitting on forums read by people who are not legislators.
Secondly, YOU THINK that asking USCIS to follow the rules is easier than changing rules (thru legislation). That's because , you and many others like you, think of Government function as if its an IT project. Occupational hazard. That is not how the Government works. The reason they dont follow the rules is because they (1) dont care and (2) are not accountable. USCIS and its non-FIFO procedures, FBI namecheck delays, backlogs in receipting and adjudication of 140 (Atlanta PERM) etc is something that congress cannot fix. USCIS, FBI report to DHS and DOJ respectively and they in turn, report to the White House. Congress can rarely make them work better and make them answer for mistakes, as congress can only do "Oversight" hearings on them. Haul an agency or department head in front of a committee and ask questions (pre submitted). And ask them questions. Make some show on CSPAN. At the end of the day, if Administration tell congress - "GET LOST, mind your own business, this is the best we can do and we are doing it", then congress cannot do anything. Other than impeaching someone. No one is going to impeach Mike Chertoff because one of his agencies (USCIS) is not doing FIFO on something called 485 (which no one in DC knows what it is).
Congressional input rarely works. Example: Intervention of Congress during July bulletin. You know why? Because Congress HAD TO DO IT because of the uproar. I dont see any uproar and your issues like "there is no FIFO", "My PERM is stuck in Atlant for 6 months", or "I am stuck in namecheck for 4 years".
These things need lobbying the Administration. Lobbying the administration is MUCH MORE DIFFICULT and EXPENSIVE than lobbying congress. Why? Because each office of Congress has a boss that faces elections very often. Every 2 years in House and every 6 years in the Senate. Plus they have 535 offices (435 in House, 100 in senate). That means easier access. On the other hand, there is only one office heading USCIS, office of Emelio Gonzalez, and only one Michael Chertoff and only one DOJ and its FBI. So the access of more difficult and lobbying is more expensive.
When it comes to administration, you have limited leverage. Other than 2 people in the entire administration, no one is getting job by elections. The only 2 positions in this branch of Government that are elected and directly accountable to people are President and Vice President. Mike Chertoff of DHS or Emelio Gonzalez of USCIS wont lose next election coz those are on appointed positions not elected positions. Which also means that they dont have to worry about making people angry.
So you see, ASKING for good things like FIFO and Faster namecheck is great in theory. But please understand, from a civic lession viewpoint, the 3 branches of government viewpoint and then make suggestions.
Is Immigration Voice an organization that can raise 100,000 a month each month? NO. Not right now. Right now, people are busy checking their mailboxes for EAD cards. Out of 23,000 registered members, if each contribute $5 a month (equivalent to a burger, fries and coke), it is 100,000 a month. But it wont happen.
So until that happens, feel free to express your thoughts and opinions and brilliant ideas and happy forum discussion. If that's what makes you all happy and content.
Lets do that and also have $5 recurring contributions , if $20 is lot for people.
Secondly, YOU THINK that asking USCIS to follow the rules is easier than changing rules (thru legislation). That's because , you and many others like you, think of Government function as if its an IT project. Occupational hazard. That is not how the Government works. The reason they dont follow the rules is because they (1) dont care and (2) are not accountable. USCIS and its non-FIFO procedures, FBI namecheck delays, backlogs in receipting and adjudication of 140 (Atlanta PERM) etc is something that congress cannot fix. USCIS, FBI report to DHS and DOJ respectively and they in turn, report to the White House. Congress can rarely make them work better and make them answer for mistakes, as congress can only do "Oversight" hearings on them. Haul an agency or department head in front of a committee and ask questions (pre submitted). And ask them questions. Make some show on CSPAN. At the end of the day, if Administration tell congress - "GET LOST, mind your own business, this is the best we can do and we are doing it", then congress cannot do anything. Other than impeaching someone. No one is going to impeach Mike Chertoff because one of his agencies (USCIS) is not doing FIFO on something called 485 (which no one in DC knows what it is).
Congressional input rarely works. Example: Intervention of Congress during July bulletin. You know why? Because Congress HAD TO DO IT because of the uproar. I dont see any uproar and your issues like "there is no FIFO", "My PERM is stuck in Atlant for 6 months", or "I am stuck in namecheck for 4 years".
These things need lobbying the Administration. Lobbying the administration is MUCH MORE DIFFICULT and EXPENSIVE than lobbying congress. Why? Because each office of Congress has a boss that faces elections very often. Every 2 years in House and every 6 years in the Senate. Plus they have 535 offices (435 in House, 100 in senate). That means easier access. On the other hand, there is only one office heading USCIS, office of Emelio Gonzalez, and only one Michael Chertoff and only one DOJ and its FBI. So the access of more difficult and lobbying is more expensive.
When it comes to administration, you have limited leverage. Other than 2 people in the entire administration, no one is getting job by elections. The only 2 positions in this branch of Government that are elected and directly accountable to people are President and Vice President. Mike Chertoff of DHS or Emelio Gonzalez of USCIS wont lose next election coz those are on appointed positions not elected positions. Which also means that they dont have to worry about making people angry.
So you see, ASKING for good things like FIFO and Faster namecheck is great in theory. But please understand, from a civic lession viewpoint, the 3 branches of government viewpoint and then make suggestions.
Is Immigration Voice an organization that can raise 100,000 a month each month? NO. Not right now. Right now, people are busy checking their mailboxes for EAD cards. Out of 23,000 registered members, if each contribute $5 a month (equivalent to a burger, fries and coke), it is 100,000 a month. But it wont happen.
So until that happens, feel free to express your thoughts and opinions and brilliant ideas and happy forum discussion. If that's what makes you all happy and content.
Lets do that and also have $5 recurring contributions , if $20 is lot for people.
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WaldenPond
06-28 02:54 PM
Hello arnet,
That is an excellent idea. We are already working closely with USINPAC. Here is some of info about this.
http://immigrationvoice.org/forum/showthread.php?t=576
USINPAC has been very helpful and has played a key role in guiding and helping us. We should all be Thankful to USINPAC for significant help that they have provided us.
AAPI is another group that has been instrumental in getting our provisions in the bill.
We have received positive results from many other groups. But no other group has been able to help us as USINPAC and AAPI.
If anybody has any such suggestion or could provide a lead to any other organization or personality, please let us know. This would help us all.
WaldenPond
That is an excellent idea. We are already working closely with USINPAC. Here is some of info about this.
http://immigrationvoice.org/forum/showthread.php?t=576
USINPAC has been very helpful and has played a key role in guiding and helping us. We should all be Thankful to USINPAC for significant help that they have provided us.
AAPI is another group that has been instrumental in getting our provisions in the bill.
We have received positive results from many other groups. But no other group has been able to help us as USINPAC and AAPI.
If anybody has any such suggestion or could provide a lead to any other organization or personality, please let us know. This would help us all.
WaldenPond
alterego
03-08 06:27 PM
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.
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.
meghujosh
07-20 08:08 AM
This is my first post here. Even though I've been a member for sometime, I wasn't even aware of these forums. When the July VB fiasco happened, I stumbled upon these forums and I was glued throughout the entire saga. U know what, IV was the only one who gave me any kind of HOPE. I am so thankful for what the IV core has done for us.
Its a shame that we all sit quietly and let someone else pay for our problems. After all, most of us have decent paying jobs here. So I too will pledge $ 100 and I am also going to contribute twds IV's cause.........
I hope more ppl will come forward and do the same.
Its a shame that we all sit quietly and let someone else pay for our problems. After all, most of us have decent paying jobs here. So I too will pledge $ 100 and I am also going to contribute twds IV's cause.........
I hope more ppl will come forward and do the same.
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