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  • psaxena
    06-30 11:35 AM
    But Gandhi ji actually did something when he was humiliated , unlike MOST IV MEMBERS" who just talk.. yes right TALK


    Something tragic/humiliating on big scale happens to some of the ppl in EB community. Its sad, I guess even Gandhi didnt do anything until he really got humiliated in south africa.





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  • msp1976
    03-03 08:29 PM
    Legal Immigrants in Limbo

    It is that time of the year again. Immigration reform is in the air. Recently, there were raids on many businesses and the resulting arrests were given wide publicity. The Bush administration is showing its zeal to pursue the 'illegal immigrants' and 'Undocumented workers' and enforce the immigration laws. The pro-immigration and anti-immigration organizations are ratcheting up their activities. One of the common refrains of the anti-immigration groups is 'If they want to come to this country, let them come legally'. So let us examine what the people trying to immigrate legally face.

    A significant number of the high skilled immigrants who immigrate to the United States are categorized by the existing immigration law as 'Employment Based' immigrants. We would refer to this as the EB immigration in this article. The EB immigrants constituted almost 22% of the total immigrants to United States in year 2005. The EB immigration process consists of four steps. There might be minor variations but the time periods for the processing described in this article remain very close to reality.
    1. Labor Certification - The US Department of Labor (DOL) administers this program. This process takes anywhere from 3 to 5 years. There are people in this queue who had applied for certification in 2001. Now imagine waiting that long for the first step. However, to its credit, the DOL has implemented a new program which has significantly reduced the time required for this process to less than 6 months. However, this program is beneficial to only those applicants who filed after December 2005.
    2. Immigrant Visa application - After obtaining the Labor Certification, the employer petitions the USCIS for approving the certified immigrant for permanent residency. This process can take anywhere between 1 to 10 months.
    3. Adjustment of Status - If a immigrant visa is available, (and there are only 140,000 that are available each year, with a cap of 7% of these per country) the USCIS then allows the immigrant to file for adjustment of status and if approved, formally grants permanent resident status more commonly referred to as the Green Card. It is during this stage that the immigrant is subjected to background checks by the FBI and medical checks by USCIS approved physicians. Currently, the FBI background checks are taking anywhere from 8 months to a whopping two years. Also, immigrants from countries like India and China which are the main source of high skilled immigrants find themselves unable to even file for the adjustment of status because of unavailability of visa numbers. Given the current scenario, it is unknown how long it will take for these immigrants to be able to file for adjustment of status, but it is very likely to exceed 4 to 5 years
    4. Citizenship – Five years after the Green Card is approved, the immigrant may apply for citizenship to the USCIS. At this stage, he has to undergo an additional background check, take a citizenship test before being eligible for approval.

    As can be seen from the description above, the whole process can take 5 to 10 years just to obtain the Green Card and an additional 5 years after that to obtain citizenship. There are people waiting to be sure of their status for even more than that. Given the uncertainty and lack of action from Congress to address the backlogs, some of the EB legal immigration applicants have come together and formed the organization http://immigrationvoice.org/. The goals include reduced waiting time for green card applications for EB immigrations, increased numbers for employment based green cards and ability to get certain benefits if the visa numbers are unavailable.

    Let me make clear what this wait entails. When you are working on a work permit like H-1B, your employer sponsors you for a particular position in the future as a part of the EB immigration process. What that means in reality is that your employer cannot promote you even if you are capable and the employer is willing. In the convoluted logic of EB immigration, if you get a promotion you have to start from step 1 again. That means you are back at the end of the 5 to 10 year queue. Also, spouses of the applicants are not allowed to work even if they are qualified until the primary applicant can file for adjustment of status. Now keep trying to explain to your spouse to keep his/her career on hold for 10 years. The net result of these impediments is that a large number of these people prefer going back to their countries of origin or other countries that offer easier and faster ways to obtain permanent residency and citizenship. That is a big loss to this country.

    And this is just for high-skilled and skilled workers, so our question and challenge to the anti-immigration lobby is ‘Are you willing to put your money where your mouth is and pressure Congress to pass a Comprehensive Immigration Reform to ensure that people can immigrate to the United States legally in a reasonable amount of time?’

    United States is undergoing an unprecedented change in demographic situation. The Baby boomer generation consists of 77 million citizens born in the years 1946 to 1964. The leading edge of this generation is entering their 60s in 2006 and a large number of the baby boomers would start retiring soon. This is a double whammy to the US economy. Even now, the employers ranging from small businesses in the north-east to big corporations like Microsoft are facing serious labor shortages. When a large chunk of US labor force starts retiring every year, businesses are going to be even more hard pressed to find suitable workers. At the same time, the demands for social services from this large retiree population would keep growing. The US economy would find it harder and harder to support an ever larger population in need of Social services support. Unless something is done to deal with the coming labor crunch, United States is facing a huge economic and social services meltdown. The businesses would either fold in face of global competition or go where they can find labor that would allow them to be competitive leading to additional job cuts in the US. The immigration policy this country adopts would determine the future of this country. The only solution to deal with the labor crunch is to allow more employment based immigration.

    As mentioned earlier, the total number of Employment based immigrants allowed per year by current law is 140,000 and it also includes the dependents of these immigrants. This limit was established in the early 90s when population of United States was smaller and a lot younger. This number has to undergo a sharp upward revision to account for the coming demographic challenge this country is facing.

    The current immigration law has rules that prohibit immigration from any country in excess of 7% of the overall immigration. As far as employment based immigration is concerned, this limit is of 7% is illogical. Skills are not evenly distributed in the world and companies do not hire people based on the country they come from but for the skill set they possess to get the job done. As president Bush aptly described "It makes no sense to say to a young scientist from India, you can't come to America to help this company develop technologies that help us deal with our problems". This cap of 7% has caused the applicants from large countries like China and India to wait for years on end. As we all know, these countries are undergoing rapid growth. If the United States does not make an effort to retain this valuable human capital, those countries are going to benefit at United States’ cost.

    Every year, thousands of students from various countries come to the United States to pursue higher education. In a fairly large number of cases, the universities and various endowments provide financial aid to these students. It would make sense for United States to make an effort to retain this talent that has been educated in a large number of cases by the American taxpayers. It is a reality that the talent is sorely needed. Abolishing the country limits on the employment based immigration would make it easier to retain this talent and help ease the skilled labor crunch.

    The USCIS has serious issues in dealing with the magnitude of immigration benefits processing expected of the service. The Bush administration has made some not entirely successful attempts to improve the workings of the troubled federal agency. The United States does not become safer if an immigration benefits application sits entangled in a bureaucratic nightmare for years on end. The USCIS should be mandated to process all existing backlogs in a reasonable time frame and provided the resources and leadership to accomplish this goal.

    In the cacophony of anti-illegal immigration rhetoric, no one seems to be paying attention to the plight of the legal immigration applicants waiting for years for their applications to get processed. The United States is supposed to be the land of opportunity. The Congress should make an effort to ease the hardships of the people who have followed the law and are trying to immigrate legally so that these deserving immigrants also get a chance to pursue their American Dreams.





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  • ardnahc
    08-26 03:09 AM
    Just voted. Nov 2006. Good luck to all of us :-)





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  • nrk
    08-11 08:39 AM
    Enjoy the freedom

    Thanks Nrk.. infact we got our approval email this morning. We had two sets of I-485 applications..my wife's date of Oct 2005 was earlier which got approved today. Thanks again.



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  • apatel_17
    01-15 05:10 PM
    The form firearm buyers fill out is a federal form that should be standard across all states. Perhaps your recollection is from before Feb 2002 when nonimmigrants' firearm ownership was not restricted.

    A correction for my earlier post - the pamphlet is from ATF, not ICE. http://www.nafr.org/PDF/p5300_18.pdf

    Regarding FBI Background checks for firearm transactions, they are required by law to give a decision in 7 days, or the transaction is automatically approved. There is a very efficient appeals process for wrongful denials that takes only a couple of weeks. There is also a toll-free hotline to call FBI and talk to an officer.

    Wish they had all these features and the 7-day timeframe for immigration background checks....

    I have lived in Nevada before. I think in that state and many other western states (where guns laws are more liberal) you have to have passport, I-94 and utility bills proving you have lived in NV for 6 months. That's it. You don't need hunting license to get a gun license.

    Here is the biggest irony:

    IN order to own a gun, FBI needs only 2 days to check your background.

    IN order to get 485 approved, FBI takes months or years to do a background check.

    I guess green-card is a more lethal weapon than a handgun.





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  • gsc999
    04-26 10:24 PM
    I was debating the fact that we need to ask India government to device some sort of parity between Capital acceptance from U.S. firms. It takes us, who respresent Intellectual capital, 5 to 6 years to get some kind of permanent residency in U.S. and that too in a grudging manner. Why do U.S. MNCs demand immediate clearence of their projects and complain about delay etc. If you look at comparative delays, Indian system is still light years ahead of so called efficient American system. Its just that we need to look at things from a correct perspective. Monetary capital needs to be treated at par with Intellectual capital. Just a thought.



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  • chanduv23
    10-15 11:10 AM
    Good to hear from you sweet23guyin... seems you guys had a ball after I left.. ;-)

    Well - his Brother in law silently announced that it was his brithday after you all left :) and they treated me with a nice dinner :)





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  • ivslave
    09-13 10:06 PM
    my friends..... all suggestions/opinions I got were encouraging and guiding..... never the less I got many REDs and bad comments... but its OK.... when you post on Open Forums..... people are entitled for their opinions...... So thank you......please vote if you still haven't..... I thought about my questions even more over the weekend..... I think I will put 5% down + PMI...... and take a risk after winter when home prices are traditionally depressed.... see what happens......



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  • srinivas_o
    07-08 12:27 PM
    Hello Gurus,

    I too have changed employer (B) from july 1st and have not yet filed AC21.
    I have contacted attorney (who filed my GC and I-485) and he said he needs an authorization email from my old employer (A) to proceed further. I have asked my "A" for the authorization email and he is acting like he is not getting my emails. He is not answering my phone calls, even by mistake if he answers my call he is saying he will call me back, but never called me. i dont know whether he will revoke the I-140 which was approved in around April 2007.

    I don't know what exactly I need to do in this situation like to wait for old employers' call. He was very nice when I was his employee, but from the moment I left the company, he is a changed man.

    What are my best choices in this situation?

    BTW, I have paid all the legal expenses for H1s and GC processing.

    Looking forward to Guru's replies....





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  • gonecrazyonh4
    05-24 04:44 PM
    I totally agree with Arunmohan- We H4's are not considered basic human beings here, we are not allowed to work ,may of us experience difficulty in getting a drivers license, we cannot have an independent bank account- literally we are considered as without life. I do wish I came in here illegally, at least i see hope for illegals in these bills - what do H4 Visa holders have to wait for !!!

    Hello ,
    yesterday i was watching Cspan 2 and debate about immigration.one of the senator (i don't remember the name ) was telling about a story of a woman with six children migrated from some poor european country ten years back to America.unfortunately her husband died after coming here.She move on in life and went to idhao and opened a cattle ranch and brought up her children well.Now she is very proud and successfull business woman and mother of six grown ups whom i am sure will be well establish them selves.
    i listened the story and thanked the God that she didn't came on H4 VISA.otherwise she couldn't achieve the same.
    For H4 this land is certainly not land of opportunity.Rather i suggest all H4 including my wife to burn their masters in business administration degrees and PHDs ,start doing cleaning jobs like illegals and eventually apply for Z visa.
    Nobody is listening to us on capital hill .H4 are inanimate objects who came here to USA to accompany their fellow husbands or wife.No matter if it is for one year or 30 years.
    And in the end no reform for H4 in this bill and no hopes for getting GC to their spouse.



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  • vivekm1309
    09-05 03:19 PM
    Recently I returned after a one month trip to India. At DC airport the CBP secondary inspection officer grilled us rough. First he called my wife and asked why did we leave US. She told that since my parents are old and not in good health we visited them. Then he started asking for documents proving it. And told us that without documents he won't let us enter. He went on to say that AP is only on humanitarian basis and unless CBP officer is satisfied with proof they cannot allow AP holder to enter. Finally after convincing him for another 30 min he let us in.
    This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.

    Thanks for sharing this experience, I feel sorry for you that you & your family had to go thru this. I want to check with you what finally conviced the officer to change his initial stand to let you in? This will help us to learn from your experience... Thanks





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  • monkeyman
    08-27 01:56 PM
    EB3 / Family based / received at 8:32 AM



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  • vivache
    09-22 03:36 AM
    Yes .. if people are pumped up now, we have the media looking in, we should push with all we have. No point making this a 5 year Plan.
    Let's think 3 months and max mileage/reach.





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  • chanduv23
    10-02 03:20 PM
    ^^^^^^^^^^^



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  • GooblyWoobly
    09-12 09:57 PM
    welcome to the world of retrogression. it is only going to get worse from here on out.
    with the deluge of filings in june/july and aug. this year....the retrogression will get worse. USCIS will not make the same mistake again.

    I see this prediction every now and then. Why don't you guys get your facts straight. Retrogression will remain the SAME. The pace at which they process GC's is not going to change. It's just applications moved from your home queue to the USCIS queue. Why would that make retrogression worse?? Think before you talk!!





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  • sk.aggarwal
    02-06 02:02 PM
    Hello mr sk

    Could you pls help-

    What is I140 tracking number? How to get it?(I don't have any info about my i140 - only that it was approved and I have h1 extension petition of 3 yrs based on that.)

    And did you request part info or full info therein? Your case is a light in tunnel- you got the info in about 3 months - right?

    Thanks much

    Yes, I got a CD from USCIS with all my I-140. I requested for copy of I-140 approval notice corresponding to I-140 tracking number SRC.XXXXXXXXXXX. This is the same number I got from my employer for online tracking on USCIS website. It took over 4 months. I submitted this as soon as got approval on my I-140. If you dont have the tracking number, you may try to get your A# from employer or attorney. You can use the same reason that you are changing address or that you need it for visa stamping. I believe they ask for A# in visa interview form.
    I have heard that few people got the tracking number using Infopass. Not sure how. I would suggest, that do not delay. Submit the FOIA form with whatever info you have. They might be able to pull your records based on the SSN# or I-94# etc. No harm in trying. I didnt had A#, so I left it blank.



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  • us-alien
    01-12 03:47 PM
    I cant tell you how much i was moved by the momentum that got generated during the 'black' weekend before christmas. One can tell the excitement and enthusiasm among the sufferers in this community. I wholly appreciate the efforts taken in setting up this site and following up on the issues. We need to generate the same kind of membership as we saw during that weekend.

    One question i have and many others like me would be interested in knowing is a clear description on how the money collected will be spent. I understand by reading your posts that it will be totally transparent and will be detailed out every week. But its more important for people to know before hand on how and why money is needed, before they can open up their purses generously. Also please take this question in a positive attitude as more people would know the actual reasons.

    thanks to all the immigration voice vounteers





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  • jungalee43
    09-23 11:48 AM
    Finished calling all except those who are not in favor.
    Updated poll.





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  • vivache
    09-25 07:13 PM
    I agree with both the ideas.
    In fact the idea of the banner with 'Waiting for X years' is fantastic ..
    That would be an amazing sight where everyone holds placards that say since when they have been waiting.
    If it's even 400 people .. we have 400 people saying look we've been waiting since 5,7 or 9 years.

    It's also important to get in heavyweights like either local folks like Google HR head or any public face. Google has always supported the Immigration issues .. since they have problems because they couldn't hire folks when the h1 lottery happenned.





    floridasun
    01-01 07:17 PM
    The price of GC is what you assign to it. The value of GC is not what other people tell you it is. If you get depressed, make your life hell - it's because you chose it. My PD is 2010 in EB2 and I came here in 2004. I know what I'm getting into and it's my decision so I won't fret about it or get depressed. GC is just a document, it should not define you or your life.

    Enjoy time with your Family, wife, kids - it's priceless.....a new sports car will also help. Life is a great gift and will have ups and downs....don't let GC define who you are. I rejected filing in EB3 3 years back with a big 4 consulting firm and changed jobs. I also feel this "promotion" thing but I chose to be in that position. My friends in India are all PM's and Sr PM's.....they got what they chose.

    Life is decided by the choices we make, not GC. GC is just a document. Enjoy and celebrate life.

    My dear Mr. smuggymba -
    for your kind information, sorry for starting rats comparison here but I came to US about half a dozen years before you. my priority date is 2006 and EB3. also I recognize that there are ppl out there who came earlier than me too. Its very easy to preach 'Life is decided by choices we make', 'your luck/fate, success is decided by your own effort, talent', 'if you have it, ppl will notice it and you will succeed' etc. when you spend the most energetic, productive part of your life in a country, you would expect that country reward you with atleast opportunities to prove your mettle. not to say its immensely painful when ppl who came years and years after you get GC and grow leaps and bounds right in front of your eyes.
    P.S. I am not questioning your qualifications or anything.





    GCneeded
    04-26 11:48 AM
    I would like to congratulate the core team for their tremendous efforts. Also would like to to thank all the members who were involved in getting this article out.



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