Thursday, June 16, 2011

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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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  • sidchhikara
    05-14 06:18 PM
    Wow you have REALLY stretched ur freedom of speech to the MAX here havent u ;)?
    Haha!! I hope you are not offended - I apologize if you are.

    Anyway - like I was saying freedom of speech and expression is very important for people belonging to any culture / country. Some people might think business / technology alone will ensure properity for the people involved - but the important thing to remember is that - business / technology is also a by product of these freedoms. When your mind is unrestricted by limitations and regulations - you get more innovative ideas - and you can also spread them easily.
    Donot let your cultural / religious commitments hold you back - most of them are unfounded and lack evidence anyways. This is one of the reasons West is more progressive than East - because they lean more toward reason instead of tradition etc., - and they say it out loud also which we don't do. This enables them to get the bullS*it out of the way first and concentrate on constructive things - innovate, do business blah blah blah!!

    Did'nt want to preach - but this is something that I value a lot.





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  • teachamerica07
    08-25 09:30 PM
    Go to the Trenton DMV . Take your ORIGINAL receipt and a letter from your employer . They will give you extension for 240 days . I got it done in May 2007.The draft of the employer's letter is as follows



    To,
    The Motor Vehicle Commission


    I hereby certify that ________________ is currently employed by ____________ and has been employed since ______________.

    I certify that, on ______________, I filed an H1B petition extension and application for extension of stay on behalf of this individual (see attached receipt notice from the US Citizenship and Immigration Services (USCIS)).

    Pursuant to 8 CFR 274a.12(b)(20), this individual is authorized to continue employment with ____________ for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay (as indicated on the immigration documentation).

    I further certify that if I receive that the USCIS had denied the application prior to the 240 day period and if <name, Driver license number>, ceases to be employed by ________________ during the 240 day period, I will notify the Motor Vehicle Commission (MVC), in writing as soon as practicable. I will send such notice to:

    Legal & Regulatory Affairs Unit
    Motor Vehicle Commission
    PO Box 162
    Trenton, NJ 08666-0162



    Sincerely,



    Signature of
    individual certifying
    the information

    Print Name & Title





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  • nomad
    07-09 04:13 PM
    Please share your comments and suggestions to CISOMB. I dont know how good its going to be, but atleast we can share our VB gate experience!

    The Office of the CIS Ombudsman (CISOMB) is pleased to invite you
    to "The Ombudsman's 2007 Annual Report to Congress: Your
    Questions and Comments". Session 1: Th, July 12, 1:30 - 2:30 pm.
    Session 2: Th, July 12, 3:00 - 4:00 pm. Please join us to share
    your comments and suggestions, as well as any issues of concern.
    RSVP to mailto:cisombudsman.publicaffairs@dhs.gov specifying
    which call and session time you'd like to join. Indicate the
    city, state from which you are calling. Participants will
    receive confirmation email. Send your comments in advance to
    mailto:cisombudsman.publicaffairs@dhs.gov.


    Source: ILW.com email newsletter dated July 10, 2007
    http://www.ilw.com/immigdaily/#Announcements



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  • logiclife
    02-01 02:06 PM
    Can we get License renewed using EAD and not having H1?.

    Driver's licenses are issued by state and governed by state laws and regulations. Check your state DMV and find out.

    In about 12 states, even illegals can obtain driver's licenses. However, most states are tightening rules and need to see your I-94 to prove your legal presence.

    EAD is for work authorization and doesnt prove legal presence. Legal presence is proved by I-94. Regardless of how you enter into USA, with H1 stamp or with AP, you will have an I-94.

    In any case, check your DMV.





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  • god_bless_you
    04-09 12:12 PM
    If bribery and corruption are major issues, why not start the "anti-corruption" political party? It will likely be small, but it may become the "king maker" one day and have a real influence on policy. An example is the "Action Democratique" party in Quebec. They are mainly Gen-Xers which means they are almost all under 40. After decades of seperatists and Liberals dominating Quebec, they had had enough and now they are the official opposition after ten years.

    For political change in the US, we have a handicap which is that we are not citizens. (Desipite this IV seems to do well.) But as an Indian, you have much more clout in India if you organize. Use the 'net as IV does. And corruption is never popular with the people who do not benefit (most of us).
    yes, There is some movement going on in India..
    www.loksatta.org



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  • pcs
    04-03 12:36 PM
    I know, you guys are all over it & can not disclose everything. However in order to keep team moral high please do confirm that Hard CAP & I-485 filing in very much ON.

    I know you guys are on it but for the sake of emotional confort, please mention it once again

    Thanks





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  • garybanz
    12-06 02:35 PM
    I think we need to wait for 90 days from the date they generated the recipt, then go to USCIS.

    Did any one go there after 90 days of receipt date and still get no response from them?

    Thanks



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  • feedfront
    08-20 05:16 PM
    I faxed to 2 Senators from CA and 1 Representative.

    Good Luck!





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  • vinodp1978
    06-28 01:11 PM
    does this mean that i cannot get a 3 yr extension based on approved I-140 pp? My labor is not pending for 365 days and so I am solely depending on I-140 approval for a 3 yr extension. I am filing i-140 and i-485 concurrently before July 5...will this give me an EAD option even if 140 takes longer to get approved?



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  • ebizash
    09-07 02:41 PM
    Excellent video and makes sense to some extent!!

    Thanks for sharing

    US economy is designed this way, everyone will get their own share. No one bothers about optimizing the chain and reducing the cost. If they do that whole economy will collapse. If people started sticking to one marriage and stop taking the divorces, these lawyers will not have work and that portion of economy will collapse. If you have time please watch this video

    http://video.google.com/videoplay?docid=4343898391323537541&hl=en

    you will know more about US economy.

    :D





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  • bsbawa10
    10-26 02:52 AM
    Yes, it is one of those random lotteries with some sequence in it :-)



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  • VivekAhuja
    06-30 02:12 PM
    Even though Freedom_fighter's intentions are right, the intelligence is too low. Did he/she suddenly wake up and think 'WOW, I HAVE AN IDEA THAT WILL CHANGE THE WORLD. 600 million legal immigrants have not thought of this but I did?????".

    The judge will dismiss such a case at the start by saying "please produce the culprit who put a gun to your head and told you to come to this country".





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  • gulute
    11-17 12:57 PM
    ... And got a red dot! see the comment:
    "
    Gultu, what's wrong with you? Are also one of them (blood sucker)? shame on you!!!
    "

    Why don't you come out form hiding and post this ???

    Started this thread with 2 green dots, and so far I have 3 red dots . . .

    Since you have negotiated 70:30 before joining, you must have agreed to paying H1b Fee. And yours is an H1 transfer and you new how this business works and signed the contract!

    Read this post: http://immigrationvoice.org/forum/showthread.php?t=22428

    Now what are you complaining when you knew how this system works?



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  • boreal
    08-26 07:09 PM
    Looks like 25% of those still waiting are in 2005 - this blows away the earlier predictions that the dates will advance quickly through 2005 - looks like pre perm cases are considerable! I was hoping that it would reach my PD atleast in Sep 2010, but now, it looks only 50-50 chance (dont ask me how i arrived at the 50-50 number, just pulled some numbers from the air :) )!





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  • aadimanav
    08-22 10:42 PM
    I didn't think my answers were making fun or teasing anyone - sorry if you felt that way, I didn't mean them to be interpreted like that.

    The main problem is that no one really knows for sure whether these steps are taken in sequence. There is little to no transparency. There are procedures, but we can not guarantee that they are followed.

    To answer your second part. No, I don't believe there are any standard updates that indicate this, but I could be wrong. I think that there is an update if you clear it, but not if you are stuck in it. Make sense? Pappu has an excellent post that details the name check process http://immigrationvoice.org/forum/showthread.php?t=12000


    To answer nlssubbu with the query about the "pre-approval" - I don't think it is a 1 time thing. Its a fairly standard USCIS practice. I have a link somewhere to the IO AOS processing manual. If I can find it I'll post it here.

    Do I think they have enough resources to process them all? Absolutely not, but I doubt there will be a rush considering PDs won't be current for a while (esp eb3)

    Thank you.



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  • alterego
    12-30 05:44 PM
    This is a bunch of baloney.
    Whether this is a recession, a depression or a hyperinflationary cycle and economic wipeout, America will remain the pre-eminent world power in the next quarter century.
    The US has the most trusted currency int he world(sometimes I wonder why, but the fact is it remains such or else its value should rationally be a lot lower right now).
    It has the best universities and research centers, and remains a magnet to the worlds most motivated people.
    It has the strongest military in direct face to face combat.
    It has the largest, most well integrated, and diverse economy in the world.
    Cultural differences while they exist are far less than many other democracies, mainly since this is a newer country built on diversity and tolerance. They have just elected Obama as president, if that does not represent the best of secular ideals, I am not sure what does. The US has a lot of cultural bonds in entertainment, sports, social programs like Medicare/Social Securities, Large corporations and brands etc that are remarkable cohesive forces.

    This is a pure wish list from a bitter former KGB man, who is given a megaphone by an even more bitter Putin, who is still smarting from the disintegration of the USSR and wants the same for America.
    Dream on former KGB, dream on. If you want to know how united this country is, just remember back to the period after 9/11.





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  • aadimanav
    07-14 04:13 PM
    Does anyone know, how to change the poll in this thread to a public poll?





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  • purgan
    08-18 03:13 PM
    After calling US born children of illegal immigrants as "anchor babies", and family immigration as "chain migration", our friends at the anti-immigrant NumbersUSA have a new term for skilled immigrants, you guessed it "anchor immigrant".

    They are again using their scare tactics to influence congress to drop its support for HR 5882.

    Calling all EB3 guys, Eb2 IND guys with PD after Aug 06, and others with PD retrogressed, its in your sef-interest to call your members of congress to seek their support for this legislation, and to contribute to IV. There will be no relief for a while if this fails.


    -=====

    NUMBERSUSA,
    ROy Beck
    Aug 18, 2008
    IT TAKES A VILLAGE -- Chain Migration Puts Nearly Everybody In Line To Overwhelm U.S. Communities


    By Roy Beck, Monday, August 18, 2008, 12:50 AM

    As soon as we take a single skilled immigrant from a developing nation, around 17 different families may be put in line to follow because of our reckless Chain Migration policies.

    Our immigration policies literally "take a village" every time a new Anchor Immigrant is admitted to this country.

    Fortunately, our immigration policies do have a few boundaries and delays that keep the whole village from entering our U.S. communities immediately. But every one of the members of those 17 families begins to consider future immigration to the U.S. as an entitlement. And because of that, millions don't wait for their turn, instead settling in the U.S. illegally to wait for the greencard that they believe is rightfully theirs.

    THE 'ANCHOR IMMIGRANT'
    Our U.S. population is exploding -- consigning more and more of us to heavily congested, heavily regulated lives -- because of high immigration numbers, which have snowballed because Congress insists on continuing Chain Migration.

    Because of Chain Migration, every immigrant we allow into the country because he/she brings a special skill, education or experience becomes an Anchor Immigrant.

    That is, if officials determine that an employer can't find an American to fill a job and allow the importation of a foreign worker, that worker becomes an anchor in the U.S. for vast numbers of other people from his/her home country.

    One problem for the United States is that only the Anchor Immigrant is supposed to be picked on the basis of serving the national interest.

    All the other immigrants attached to that Anchor through Chain Migration get to come without any regard whatsoever to their education, skill or humanitarian need.

    ONE ANCHOR CONNECTS TO 17 FAMILIES
    My "17-Family Chain-Migration Village" example is not close to the worst possible scenario but it is a nightmare that is not uncommon.

    Here's the scenario:

    Consider a typical Anchor Immigrant who comes from a developing nation and has three adult siblings. All of them come from one family. As soon as the Anchor Immigrant is accepted, all those siblings know that the Anchor Immigrant can put them in line for immigration once he/she becomes a U.S. citizen. Mentally, that one whole family is now in line to come to America.
    But there are many more families who mentally get in line, too. The Anchor's spouse, plus each of those three siblings' spouses will be eligible. That makes five families now in line (the original plus the families of the four spouses).
    In every one of those families are their own siblings, minor children, parents, etc. This is getting to be quite a crowd of people who suddenly see their future as possibly being in the U.S. That makes five families involved now (the original and the four spouses' families).
    Now, consider the siblings of those four spouses. That would be 3 siblings multiplied by the 4 spouses, equalling 12 more adults, all of whom potentially have their own spouses! Potentially, each of those 12 spouses of the siblings of the spouses of the Anchor's siblings is from a different family.
    Now, you have those 12 families, plus the Anchor's family, plus the families of the four spouses of the three siblings of the Anchor. That potentially adds up to 17 families that immediately can know that they are in a chain that eventually can have a chance to immigrate to America. And all of that happens the minute our government decides to give a permanent work permit to a single foreign worker.
    An Anchor Immigrant immediately creates chains of expectation into possibly 17 different families.

    You can imagine how a village or urban neighborhood can quickly have most of its residents seeing that their future is in the United States. Not only does this build huge pressures for more migration and more population growth in the U.S. but it saps whole villages and neighborhoods of the will for self-improvement.

    Why will people pour themselves into bettering their own communities when they believe their future lies living in America? And, of course, the chain migration does not end with those 17 families. Our rules are set up so that every Chain Immigrant also becomes an Anchor Immigrant, making it possible for every relative to get in line to come to the U.S.

    The only solution is to end the Chain Migration categories entirely. (See our pages on the legislative solutions.) That means limiting each Anchor Immigrant to bringing a spouse and minor children. No adult children, siblings or parents.

    The Anchor Immigrant can easily visit his/her relatives annually (or more often) and can be in constant communication by phone, internet and postal mail. Chain categories must be ended if we are to avoid the nightmare of 439 million U.S. population in 2050 as projected by the Census Bureau.

    CONGRESS THREATENING TO ADD 550,000 MORE 'ANCHOR IMMIGRANTS' NEXT YEAR

    Sen. Menendez of New Jersey is blocking the re-authorization of E-Verify (to keep illegal aliens out of jobs) until Congress agrees to add 550,000 additional Anchor Immigrants next year.

    At the moment, the leadership of both Senate and House are seriously considering trying to pass the 550,000 increase in Anchor Immigrants.

    Powerful media like the Los Angeles Times and New York Times are lobbying hard for more Anchor Immigrants.

    Unless the American people themselves become fully aware of the dangers of Chain Migration and the concept of the "17-Family Chain-Migration Village," the Big Business and Big Media lobbyists are likely to multiply the chain migration nightmare many times again.

    Make sure you have gone to your NumbersUSA Action Buffet and sent all your free faxes to push your Members of Congress to stop Sen. Menendez and to eliminate Chain Migration.





    pani_6
    06-18 01:47 PM
    If you have plans to travel...could you go to the local INS office and get the AP??.AP is very important too if you are travelling





    GCAmigo
    05-24 07:24 PM
    Illegals beyond Jan 2007 will be deported anyways. So becoming illegal is not an option anymore.

    when you can become an illegal, what prevents you from becoming an illegal with retrospective effect.. goto Hialeah near Miami,FL & you can get all the fake stuff for under $500..



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