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  • jsb
    01-14 11:01 AM
    Tired of waiting ( PD: August 2001) I finally wrote to both my local congressman and Senator today. My senator is on senate Immigration commitee so lets see what happens. Hopefully something will move.
    If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.

    Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)

    USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. "Receive Date" is not what you see on your receipt, it is the date they physically received the case on (thus if case is moved from one center to another, true Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".

    PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.

    This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.





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  • Tito_ortiz
    12-04 11:29 PM
    Alterego,

    It may be right. Knowing the Indian government well, they would be the first ones interested in keeping as many people as they could on H visa, so that they would have transferable income to India. India would have even less reasons in any immigration reform for US permanent residency, as that could make us settle here and say bye, bye to India government and their cash cow.

    Alterego, one more time you are right.

    Tito

    Yeah I get that the money will be transferred from the Social security system here to the Indian Govt system.
    My point is it does not do a damn thing for us workers personally. That money will dissapear into a dark hole in the Indian Gov't coffers instead of a dark hole here, further as the rules stand, I have a slim chance of getting the money from here through social security payments when I turn 65 even if I am in India. Try that within the money in Indian gov't hands.
    On the other hand, it makes the Indian gov't allign with corporate america, as they all have a vested interest in a Temp. worker program such as H1b absent green cards. Which will be a win win for all concerned except us.
    So I repeat my question..................Why is this good again?





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  • Jaime
    08-31 05:10 PM
    There are hundreds of thousands of us, stuck in retrogression! There's no excuse not to bring 10,000+ to the rally! Let's think guys! Let's promote the rally more, talk to all your friends, visit blogs, univeristy international associations, etc and spread the word! Let's sponsor people, invest our finances and our time. If there was ever a moment in our lives to do this it is now! Once you get your green card you can go and start your company and be a millionaire if you want. Right now we have to suffer, give our money, time and effort and bring LOTS of people to Washington! Illegals did it for God's sake! Let's GO!!!!!!!!!!!





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  • El_Guapo
    04-13 11:16 AM
    I am new to this community and have been watching some other forums online, but I am glad we have one dedicated for EB immigration. Way to go Immigration Voice!!!

    Now, before anyone jumps at me, I promise to contribute for IV's efforts and donate for the various projects in a couple days.


    The reason I am posting this is because I saw various threads with various ideas to gain visibility and make out cause known to all. I saw thready ranging from writing to senators to sending a 1 cent check everyday to sending a voided check for a big amount. Other notable ideas include sending flowers, calling senators, FOIA campaign, writing to the Obama administration, etc. While I agree that each of these actions contribute small drops to the ocean, I honestly think we should think BIG!!


    I have analyzed EB Immigration considerably and here are my thoughts -

    Anti-Immigrants, especially the ones against EB Immigration feel that we take away their jobs. However our defense against that is there's aren't that many skilled immigrants for certain skill set and hence we fill that void and keep corporate America competitive. However a lot of us argue that we who are waiting in line for our potential Green Cards pay our taxes and aide by the law, etc. All valid arguments. However, that doesn't make us any different than the majority of the 90% workforce that is employed. They all pay taxes too.

    I have seen other ideas being floated around where they said "Buy a house, get a green card." Now, two issues with this - How many of us potential immigrants have 250 grand to invest in a house? I don't and can perhaps pay 5-10% down payment on a house. But if I lose my job, then I will be forced to default too and that doesn't help the economy. Also, there are more than 10 million homes in foreclosure and even hypothetically, let's say we will buy a house on a mortgage at 10% down. There are, say 1 million immigrants in waiting including dependents. And we buy 500,000 homes. That is a small dent in the entire real estate economy. Won't make a significant difference. Secondly, the current mess we are in was caused by the "sub prime" mortgage loans. If you know what "sub prime" means, then you probably know the areas where these houses were purchased. Have you seen the neighborhoods or the areas where these houses are foreclosed? A majority of us won't even drive through there, leave alone buying houses there. So obviously, us buying homes is not going to solve this economic mess. If you still insist, then you perhaps need to take a class on economics 101.

    OK, say why am I saying all this? Well, for one, while its great that we put our brains to work to help solve the economic crisis, since a good economy has a knock on effect on immigration, but we can't come up with ordinary ideas. These are extraordinary times and we need extraordinary ideas. We need to think out of the box. I appreciate the efforts of IV with the FOIA drive, but here's my question with that - Besides knowing how long the wait is going to be to get our GC based on the information from USCIS, what other purpose is the FOIA going to solve? Probably not much. But I do agree that having those numbers helps us in identifying where we need to focus our lobbying efforts. If we know the bottleneck is EB2-EB3 spillover, we can work on that with USCIS.

    Someone mentioned in another thread where we all need to concentrate on one effort rather than be divided in multiple efforts. And I think it was suggested that we focus on visa numbers recapturing. I think its a great idea. However, please be aware that in the context of CIR, EB immigration is a small drop. And hence any lobbying to increase/recapture visa numbers need to be done with the FB immigration. EB and FB together can lobby for the recapture visa numbers project and might achieve considerable success.

    If we as EB immigrants need to make our voice known, we need to take a leaf out of the President's book, from his campaign. He started a grass roots level campaign and look at where that has led him to!! So here is my suggestion for a project that will highlight our cause and lead some of the anti- EB Immigration Aholes to shut up their various holes.

    I am assuming we have around 500K immigrants in waiting. Let's say there are 250K primary applicants. The goal is we try to get an email database of as many potential immigrants we can. Next we start an email campaign highlighting a story of an immigrant family or a news article against immigration or lobbying by anti immigrant groups or lack of visibility in ongoing discussions on CIR. At the bottom of each email, we have a donate button that takes the person to IV's donation page/paypal, whatever it might be. We start with a minimum of $50 and go upwards to $500. The goal is if we have atleast, say 100,000 potential immigrants to contribute a min of $50, then if my calculations are in order, that is about $5 Millions. We might have more depending on how many more people contribute and how much more than the min $50 that people contribute. But the baseline collection would be about $5 Million. OK, so what do we with that money? Well, the biggest skill set for us EB immigrants are our education. We have a minimum of a bachelors degree and have a penchant for being well educated. That is the weakness in the American education system - Education. We say thousands of high school dropouts. Thousands of college drop outs. The Obama administration has clearly said they need to invest in America's future. And hence they have a big ambitious spending on fixing the educational system. I know that as non permanent residents or citizens, we are not allowed to contribute to any politicians. However, we can donate money to the state or to a charity organization. What I suggest is we collect this money and send it to the first lady, Michelle Obama and have her send this to a non profit community project for education on our behalf. This will bring a lot of attention because we as EB immigrants are saying, we want to contribute to better the educational system if given a chance so that the future American generations don't become prey to the 21st century American competitiveness like outsourcing and H Visas and stuff.

    This might seem like a small drop in the ocean, but it is definitely a bright one!! And don't tell me it can't be done. It sure can be done. There was someone who already did this at the grassroots level, and his name is Barack Obama!!!

    I am willing to talk to the IV Core team to discuss if needed.



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  • eb3_nepa
    12-04 08:06 PM
    I'll belive it when i actually SEE it happen. Rediff and TOI report all sorts of stuff that is sometimes far from the truth. Remember when the bill was introduced in senate and was being debated, they published that the H1B increase bill has been passed! Let us get official word that this has happened and we can be happy after that.





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  • gmatch
    12-13 03:45 PM
    Guys,

    Don't take it otherwise... I will NOT do anything against anybody.

    That previous person (whose name was mentioned on this approved labor) already had left this employer in 2004...so there is no one getting hurt if this employer is offering me that labor.

    - My question still remains : Is it necessary to go for labor substitution to use this approved labor (showing the name of old consultant)... OR ... Can it be possible to file I-140 straight with my profile against this labor....?

    Hope you now understand my points & will give me sincere advises.

    waiting for your help....



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  • irock
    08-05 09:46 PM
    PD : Aug 2004, EB2, NSC
    I-140 Approval Date :Jun 2007
    I-485 Received Date : 07/26/2007
    Name Check: Don't know. I've infopass on this Friday.
    Gave Finger Prints.





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  • eilsoe
    02-05 12:56 AM
    right :)



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  • raydhan
    04-01 04:31 PM
    Sent Fax# 10





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  • pady
    08-20 09:57 PM
    I am not with them anymore, I transfered my H1 to another company already. i just need to find out the way how to file a complaint and proceed further.



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  • eilsoe
    02-03 06:37 PM
    So did I!! =)



    ~nar nar! :P





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  • ruchigup
    08-17 08:09 PM
    pending NC, that's what I hear everyime I am lucky to be connected to second level CSR /IO



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  • chaganti
    07-31 10:12 AM
    Hi,
    Did any one got file# for I-485 who filed on July 02 2007 in Nebraska service center(Priority dates are current). If anybody got please let me know.

    Thanks,
    AC





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  • lost_in_migration
    11-16 03:09 PM
    http://www.eeoc.gov/abouteeo/overview_practices.html

    Other Discriminatory Practices Under Federal EEO Laws
    Title VII

    Title VII prohibits not only intentional discrimination, but also practices that have the effect of discriminating against individuals because of their race, color, national origin, religion, or sex.
    National Origin Discrimination

    * It is illegal to discriminate against an individual because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group.
    * A rule requiring that employees speak only English on the job may violate Title VII unless an employer shows that the requirement is necessary for conducting business. If the employer believes such a rule is necessary, employees must be informed when English is required and the consequences for violating the rule.

    The Immigration Reform and Control Act (IRCA) of 1986 requires employers to assure that employees hired are legally authorized to work in the U.S. However, an employer who requests employment verification only for individuals of a particular national origin, or individuals who appear to be or sound foreign, may violate both Title VII and IRCA; verification must be obtained from all applicants and employees. Employers who impose citizenship requirements or give preferences to U.S. citizens in hiring or employment opportunities also may violate IRCA.



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  • WillIBLucky
    06-19 02:26 PM
    Employer letter is not required if you are attaching photocopies of two current pay stubs.

    Thanks,
    Jayant
    You would need employee letter as well. The employee letter will state that the position is still open and they are willing the pay the amount that was initially agreed to while filing for labor.....so pay stub is not enough.....





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  • =VALOR=
    02-04 03:43 PM
    Ehmmmmmmm ..............:whistle:

    True. Sorry.



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  • Jaime
    09-05 05:21 PM
    We can do this together guys!!!





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  • webm
    12-31 01:08 PM
    This thread seems to express my thoughts.
    I used to wait till my dates got current. With my dates being current since November, I still wait with no sign of improvement.
    I tried calling the 1-800 number. But, did not get any useful information.
    Took an Infopass appointment couple of weeks back. But, it was of no use.
    The officer at the local office read the same status that I see online.
    She said that my case was transfered to Texas center. (I knew this since October 2007). Only additional information she gave me was that my namecheck got clreared. (Though this is important, I dont think this really matters to get my case processed).

    I told her that I have been waiting since years and some of friends who filed later than me already got their GCs, she felt sorry for me but she said there is nothing she can do for me. Not even a Service Request since my dates are within the processing times.

    Its getting difficult for me......Also, in this economy its getting tough everyday to hold on to the job. Who knows may be this year quota might be over too. It will definitely be a big relief if we get the GC.
    I thought there is nothing I can do now till my dates goes outside the processing times. Please advice.

    Good Luck to everyone.


    We are in the same boat my friend....keep hope!!

    Happy Newyear 2009!! we might get Green soon...


    --------------
    PD:EB3-I Oct 2001.





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  • uma001
    06-07 12:06 PM
    Stop worrying too much.This bill wont pass





    longq
    12-29 04:35 PM
    You might have to define what the word "is" is ;-)

    Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"

    One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.

    Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.

    I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.

    Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.

    The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.

    In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only. Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.





    vadicherla
    11-25 08:01 PM
    Thanks Pappu



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