shahzaib616
05-17 06:33 PM
Before I begin with my question, allow me to give you a brief overview of my case:
In the year 2000, I initially filed for Labor Certification.
In 2004, I received approval of my application for Employment Authorization (I-765).
In 2005, I was sent a letter from the USCIS indicating that my application was rejected because I failed to file my case prior to a certain date issued by the USCIS.
Pretty straight-forward, right? Wrong. You see, in the last letter I was sent by the USCIS it states that I failed to file my case promptly enough; I filed my case nearly a year before the deadline was set!
My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.
I am unsure of what to do now... It is apparent that the USCIS messed up, but I cannot think of any way to reopen my case and prove it. My attorney has presented me with two options - in mid-June he will engage in a conference call with a senior individual at the Immigration Office, at which time he will present cases (including mine) which have been wrongfully denied; my second option is to sue the United States.
I am very unsure of what course of action to pursue now! My lawyer has kept my waiting all this time with stalls and meetings which he has stated will help my case, however with each passing meeting, it simply seems like he is giving me false hope... I really do not want to have to wait until mid-June, only to find out that I must wait even longer before my case is reopened.
Additionally, I am highly reluctant to sue the United States of America for messing up in the processing of my case. The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.
Please! Has anyone on here been rendered an unfavorable decision by the USCIS based on a mistake made by the Immigration office? What have you done to fix your case?
Attorneys: have any of your clients been put into this situation? What have you done to resolve the issue?
Everyone: I understand that a very small percentage of people are likely to be in the same boat that I am in, however regardless of whether or not you are in this situation, what would you do if you were in my shoes???
Would you sue the government and risk deportation? Would you wait endlessly, hoping that things become better, eventually? Or would you do something else? (If so, what?)
Thank you for taking the time to read this! For those of you who take even more time to respond to this post, thank you even more! I am truly grateful!!!
Sincerely,
Shahzaib
In the year 2000, I initially filed for Labor Certification.
In 2004, I received approval of my application for Employment Authorization (I-765).
In 2005, I was sent a letter from the USCIS indicating that my application was rejected because I failed to file my case prior to a certain date issued by the USCIS.
Pretty straight-forward, right? Wrong. You see, in the last letter I was sent by the USCIS it states that I failed to file my case promptly enough; I filed my case nearly a year before the deadline was set!
My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.
I am unsure of what to do now... It is apparent that the USCIS messed up, but I cannot think of any way to reopen my case and prove it. My attorney has presented me with two options - in mid-June he will engage in a conference call with a senior individual at the Immigration Office, at which time he will present cases (including mine) which have been wrongfully denied; my second option is to sue the United States.
I am very unsure of what course of action to pursue now! My lawyer has kept my waiting all this time with stalls and meetings which he has stated will help my case, however with each passing meeting, it simply seems like he is giving me false hope... I really do not want to have to wait until mid-June, only to find out that I must wait even longer before my case is reopened.
Additionally, I am highly reluctant to sue the United States of America for messing up in the processing of my case. The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.
Please! Has anyone on here been rendered an unfavorable decision by the USCIS based on a mistake made by the Immigration office? What have you done to fix your case?
Attorneys: have any of your clients been put into this situation? What have you done to resolve the issue?
Everyone: I understand that a very small percentage of people are likely to be in the same boat that I am in, however regardless of whether or not you are in this situation, what would you do if you were in my shoes???
Would you sue the government and risk deportation? Would you wait endlessly, hoping that things become better, eventually? Or would you do something else? (If so, what?)
Thank you for taking the time to read this! For those of you who take even more time to respond to this post, thank you even more! I am truly grateful!!!
Sincerely,
Shahzaib
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rajagopal_04
01-04 10:21 AM
They handover the PP to VFS today (Jan 4th) after long waiting. My wife�s appointment was on DEC 19th at Chennai Consulate. Best of luck for you guys..
snathan
03-31 11:48 AM
53,872 ( EB2 Total allocation in 2010 ) = Some X (EB2 ROW usage is say X) + 19,961 ( Total India received in 2010) + 6,505( Total China's received in 2010)
==>> X =[B] 53,872 -19,961-6,505 ==> X= 27406
==>> So Total EB2 ROW usage in 2010 is = 27,406
-----------------
1)EB2 I & C Usage = 19,961+ 6,505 = 26466.
2)Visas due to Spill Over for EB2 I & C = 26466 - 5,604 (EB2 (I&C) Regular quota {2*(40,040*7%)} ) = 20,862
3) Visas due to spill over for EB2 India only in 2010 = 26,466 (EB2 I & C Usage ) - 2,802(EB2-I Regular quota {40,040*7%} ) - 6,505 (EB2 China Total Usage) = 17,159.
-------------------
1) In 2011 according the USCIS statement we are getting 12,000 spill over visas in MAY.
Out of that about 10,000 will be allocated to India.
Reason: India PD based on April bulletin = 08 May 2006,
China PD Based on April bulletin = 22 Jul 2006
India has to get cleared 3 months (May Jun and Jul) before the spill over allocated to China.
The average demand for EB2 India is about 1.5k/Month.
which takes 3*1.5 = 4.5 K visas.
The remaining Visas = 7.5 K
The average demand for EB2 China is about 700/ Monnth.
The Total demand for EB2 India & China together from Aug 2006 will be about 2.2k/Month.
So 7.5K will clear about 3.5 months of EB2 I&C from Aug 2006.
So The May bulletin takes the EB2 I & C to November 2006 Or December 2006 as we also get the regular monthly quota of 2*(40,040*7%)
-------
Just my assumption. God only knows how USCIS moves the dates in May.
.
Thanks for the info....I believe it will be either Dec 2006 or Jan 2007
==>> X =[B] 53,872 -19,961-6,505 ==> X= 27406
==>> So Total EB2 ROW usage in 2010 is = 27,406
-----------------
1)EB2 I & C Usage = 19,961+ 6,505 = 26466.
2)Visas due to Spill Over for EB2 I & C = 26466 - 5,604 (EB2 (I&C) Regular quota {2*(40,040*7%)} ) = 20,862
3) Visas due to spill over for EB2 India only in 2010 = 26,466 (EB2 I & C Usage ) - 2,802(EB2-I Regular quota {40,040*7%} ) - 6,505 (EB2 China Total Usage) = 17,159.
-------------------
1) In 2011 according the USCIS statement we are getting 12,000 spill over visas in MAY.
Out of that about 10,000 will be allocated to India.
Reason: India PD based on April bulletin = 08 May 2006,
China PD Based on April bulletin = 22 Jul 2006
India has to get cleared 3 months (May Jun and Jul) before the spill over allocated to China.
The average demand for EB2 India is about 1.5k/Month.
which takes 3*1.5 = 4.5 K visas.
The remaining Visas = 7.5 K
The average demand for EB2 China is about 700/ Monnth.
The Total demand for EB2 India & China together from Aug 2006 will be about 2.2k/Month.
So 7.5K will clear about 3.5 months of EB2 I&C from Aug 2006.
So The May bulletin takes the EB2 I & C to November 2006 Or December 2006 as we also get the regular monthly quota of 2*(40,040*7%)
-------
Just my assumption. God only knows how USCIS moves the dates in May.
.
Thanks for the info....I believe it will be either Dec 2006 or Jan 2007
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anda007
07-11 02:31 AM
One more link -->
http://www.samachar.com/showurl.php?rurl=http://sify.com/news/fullstory.php?id=14490148&news=Green%20card%20seekers%20try%20%3CI%3EGandhig iri%3C/I%3E%20in%20US&pubDate=Wed%2C+11+Jul+2007+11%3A59%3A40+GMT&keyword=sifynews_home
http://www.samachar.com/showurl.php?rurl=http://sify.com/news/fullstory.php?id=14490148&news=Green%20card%20seekers%20try%20%3CI%3EGandhig iri%3C/I%3E%20in%20US&pubDate=Wed%2C+11+Jul+2007+11%3A59%3A40+GMT&keyword=sifynews_home
more...
ganguteli
05-09 01:35 PM
I have news for you (and the certitude with which you make your claims here are laughable). Computer science graduation rates in US went up this year by 6-8%, because the visa caps since 2003 remained at 65000 instead of 195000 creating some demand here. I personally know kids who wanted to go to Computer science, but went for other areas like health care because of the lack of offshoring/H1 etc. If the crooked Indian offshorers and fly-by-night operators are not driving down the wages, more americans will go to computer science, as they would go for a career as MD or Pharmacist or lawyer (almost all those careers need at least 6-8 years of college). They also know that professional associations like AMA or APhA wouldn't allow importing foreign workers by corporations/hospitals on a scale that H1-bs are imported in IT area
Based on my experience, I wouldn't say that Indian kids have any special skills in maths or science compared to americans. Contrary to what you claim, people are aware of H1s and offshoring(may be so much on the exploitation of L1) as they talk to friends and family and guidance counselors at school. Most of the IT jobs were Indian H1-bs are employed doesn't even need computer science or engineering degree. Some of the best architects I have seen in IT didn't have a computer science major. A green-horn from TCS/INFY with a computer science degree and pretending to be an architect doesn't mean he is the best IT professional available in the market.
American college kids spend most of their time partying and sex. They do not study. Only a very very few really study. Others just get by because professors are under pressure to pass them. If professors fail them, then no student will take their course or give bad rating that will affect their Tenure track. The education system is just pathetic and thus kids prefer to study arts and commerce. It is because they cannot fathom tough calculus or trigonometry. The pre-college years are spent in Prom nights and losing virginity. Thus these people fail to compete at global level. Only very few are good and they go to good universities. On the other hand international students come after lot of hard work and tough competitive education system. They are well trained to learn even in meagre resources and compete with others. This is the reason international students and immigrants do well in this country and innovate.
So stop calling your American people as best and brightest. Most of you who come here on this site and live on anti-immigrant sites are middle aged people who cannot get a job anywhere. You guys are just too lazy to study new technologies that is ever changing. You are more interested in having beers and watching football. Go and study and upgrade yourself rather than whining. You will not be able to convince us however much you try here.
Based on my experience, I wouldn't say that Indian kids have any special skills in maths or science compared to americans. Contrary to what you claim, people are aware of H1s and offshoring(may be so much on the exploitation of L1) as they talk to friends and family and guidance counselors at school. Most of the IT jobs were Indian H1-bs are employed doesn't even need computer science or engineering degree. Some of the best architects I have seen in IT didn't have a computer science major. A green-horn from TCS/INFY with a computer science degree and pretending to be an architect doesn't mean he is the best IT professional available in the market.
American college kids spend most of their time partying and sex. They do not study. Only a very very few really study. Others just get by because professors are under pressure to pass them. If professors fail them, then no student will take their course or give bad rating that will affect their Tenure track. The education system is just pathetic and thus kids prefer to study arts and commerce. It is because they cannot fathom tough calculus or trigonometry. The pre-college years are spent in Prom nights and losing virginity. Thus these people fail to compete at global level. Only very few are good and they go to good universities. On the other hand international students come after lot of hard work and tough competitive education system. They are well trained to learn even in meagre resources and compete with others. This is the reason international students and immigrants do well in this country and innovate.
So stop calling your American people as best and brightest. Most of you who come here on this site and live on anti-immigrant sites are middle aged people who cannot get a job anywhere. You guys are just too lazy to study new technologies that is ever changing. You are more interested in having beers and watching football. Go and study and upgrade yourself rather than whining. You will not be able to convince us however much you try here.
sen_raju
07-11 10:12 AM
http://www.orlandosentinel.com/community/news/ucf/orl-visas1107jul11,0,5061439.story
more...
CADude
10-12 03:20 PM
My special Thanks to Mr. Prakash and Ms Windy for raising the issue with USCIS Rep Ms. Debra Roger.
Please don't miss this chance:
Please send details to CIS Ombudsman office with scaned delivery Proof for pending applications. Please mail him all the details. He want to see the trend. No efforts are useless.
USCIS is again not admitting that they are not following the FIFO and per USCIS, we should have got our EAD by now also. :D
Please don't miss this chance:
Please send details to CIS Ombudsman office with scaned delivery Proof for pending applications. Please mail him all the details. He want to see the trend. No efforts are useless.
USCIS is again not admitting that they are not following the FIFO and per USCIS, we should have got our EAD by now also. :D
2010 rad paisley family
camarasa
07-10 01:19 AM
Don't know if anyone noticed but Mr. Emilio's statement nowhere indicates any acknowledgement of the hardships caused by the fiasco. If he (and USCIS) knows about "flowers", I am sure USCIS knows about the scramble, hardships and frustration caused by the fiasco. A simple acknowledgement through something like " ....while we regret unintended consequences of following our internal procedures, we have made arrangements to forward the flowers to ..." would have demonstrated leadership or honesty of intent which I guess is in short supply
I think he is trying to say if anybody needs flowers its our men in uniform and not us (USCIS). I hope I am wrong but thats my perspective. Have sent the flowers anyway ;)
Two things quickly...
1) He was probably advised by their lawyers not to mention anything about the visa bulletin for legal reasons.
2) I didn't realize this until this evening when I mentioned the whole flower thing to my wife and she reminded me that government officials and agencies aren't meant to accept gifts from anyone. I believe this may have been considered a gift, or at least a grey area and perhaps they believed that discretion was the better part of valor.
I work for a government department, not as a State employee but as a vendor, and they aren�t allowed to accept anything from us that may be construed as a gift. Even when we have our annual golf days, ours are paid for by the vendor company but the State is forced to pay for themselves.
I think he is trying to say if anybody needs flowers its our men in uniform and not us (USCIS). I hope I am wrong but thats my perspective. Have sent the flowers anyway ;)
Two things quickly...
1) He was probably advised by their lawyers not to mention anything about the visa bulletin for legal reasons.
2) I didn't realize this until this evening when I mentioned the whole flower thing to my wife and she reminded me that government officials and agencies aren't meant to accept gifts from anyone. I believe this may have been considered a gift, or at least a grey area and perhaps they believed that discretion was the better part of valor.
I work for a government department, not as a State employee but as a vendor, and they aren�t allowed to accept anything from us that may be construed as a gift. Even when we have our annual golf days, ours are paid for by the vendor company but the State is forced to pay for themselves.
more...
PBECVictim
02-08 03:32 AM
On FEb 4th my wife and myself went for H1-B visa renewal interview at Chennai Consulate. Both visas got approved. My wife passport was returned with in 3 days. It seems they have found her petitition online. My passport stuck with consulate. I called consulate today, and they have asked me to call back next week end. She said they were not able to locate my petition online.
How long it can take? 1 week or 2 weeks or 1 month? Please provide your experiences for those passports took more than 3 days. I have seen max 1 month in the forum.
How long it can take? 1 week or 2 weeks or 1 month? Please provide your experiences for those passports took more than 3 days. I have seen max 1 month in the forum.
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suriajay12
03-10 09:01 PM
BTW guys,
Thanks for those who think the idea has merit.
i suddenly see a red dot against my username for trying to think out of the box:
"please dont be foolish and waste everyones time with ur insane proposal? thanks"
It is OK - whoever wanted to go this length. FYI, 'have been a member of IV and a donor since inception. Is anyone from the core who thinks this idea is insane?
Like-minded folks - let us work on it
How about having a list of action items and getting an opinion from the IV core on them?
Who is thinking your idea is bad or your intentions.. dont worry about these reds. I got 7 recently, but people who see your point will give u a green and that will go off.. Dont spoil your mind.. and give us more ideas.. how do I give you a green.. can someone show me..
I think I just figured out and gave u a green..
Thanks for those who think the idea has merit.
i suddenly see a red dot against my username for trying to think out of the box:
"please dont be foolish and waste everyones time with ur insane proposal? thanks"
It is OK - whoever wanted to go this length. FYI, 'have been a member of IV and a donor since inception. Is anyone from the core who thinks this idea is insane?
Like-minded folks - let us work on it
How about having a list of action items and getting an opinion from the IV core on them?
Who is thinking your idea is bad or your intentions.. dont worry about these reds. I got 7 recently, but people who see your point will give u a green and that will go off.. Dont spoil your mind.. and give us more ideas.. how do I give you a green.. can someone show me..
I think I just figured out and gave u a green..
more...
madhuvj
08-21 11:14 AM
I dont think there is any issue with the way CIS allocates Visa. They clearly have specific definition and reservation when it comes to VISA categories. If you look in that aspect, EB1 comes first then EB2 and EB3. But this is very specific to VISA Category and does not mean the individuals. So If some one, who qualifies for EB2, but for some reason, he applies for Visa under EB3, it is not the fault of the system, it is the fault of the Individual. This includes me, since Iam May 2003, EB3-I. I do qualify for EB2. So I cant crib. If i want, I can change company and file EB2, for which I think, I am qualified or not apply under EB3 knowing the consequences until I find some one who can file my GC in EB2. When I file my GC under EB3, then in true terms, Iam degrading my self and i should face the consequences. Does it not make sense. So, I suggest work towards the immigration bill and try to make calls to get HR.5882 passed, Otherwise, I dont see any future for EB3. May be EB2 is better than EB3 in true definition, but that does not mean EB2 folks are better in anyway than EB3 folks. Hope u all agree.
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addsf345
12-05 04:43 PM
I am still waiting for response to letters I sent, but haven't received any reply so far from CIS.
more...
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Ramba
11-25 06:36 PM
Good advisory discussion. It is scary. I have a fundamental question. I heard that foreclosure and bancrupcy that is not easy anymore. A guy owe a mortgage loan for 100K, and not able to pay and forecloses it. If the bank aution the house only for 50K, he has still pay remaining amount (50K) to the bank. He cant just walk away, unless he files bankrupcy. Is that true?
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whitecollarslave
03-25 03:24 PM
Here is the text that is in the I-9 Form:
"Anti-Discrimination Notice. It is illegal to discriminate against any individual (other than an alien not authorized to work in the U.S.) in hiring, discharging, or recruiting or referring for a fee because of that individual's national origin or citizenship status. It is illegal to discriminate against work eligible individuals. Employers CANNOT specify which document(s) they will accept from an employee. The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination."
"Anti-Discrimination Notice. It is illegal to discriminate against any individual (other than an alien not authorized to work in the U.S.) in hiring, discharging, or recruiting or referring for a fee because of that individual's national origin or citizenship status. It is illegal to discriminate against work eligible individuals. Employers CANNOT specify which document(s) they will accept from an employee. The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination."
more...
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unseenguy
06-15 01:39 AM
Get over with it bunch of whiny losers. Someone can can and is willing to do the job cheaper than you.
Think from your client's perspective:
1. Why should he pay you more if he can get someone for cheaper price?
2. Are you willing to do the same job for the salary that is offered by TCS, WIPRO?
3. If you screw up , who is responsible? What can you do to mitigate damage? TCS/WIPRO can replace the whole team at free of cost to make project successful.
4. YOU guys want to leave companies at will but the companies should not replace you at will?
If you were bringing in value to the client that they cant get from TCS/WIPRO then you will have the job. Get some more skills, be best in the business and be smart. Know what it takes for long term success. You have to be on your toes all the time.
STOP whining, you are just wasting time. All the best!
Think from your client's perspective:
1. Why should he pay you more if he can get someone for cheaper price?
2. Are you willing to do the same job for the salary that is offered by TCS, WIPRO?
3. If you screw up , who is responsible? What can you do to mitigate damage? TCS/WIPRO can replace the whole team at free of cost to make project successful.
4. YOU guys want to leave companies at will but the companies should not replace you at will?
If you were bringing in value to the client that they cant get from TCS/WIPRO then you will have the job. Get some more skills, be best in the business and be smart. Know what it takes for long term success. You have to be on your toes all the time.
STOP whining, you are just wasting time. All the best!
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pdakwala
02-01 10:04 AM
1. Legislation: The Future of Employment-Based Immigration during the next few weeks, Congress is scheduled to decide the future of
employment-based immigration to the United States.
Comprehensive immigration reform proposals by Senators McCain and
Kennedy, Cornyn and Kyl, Hagel and Specter will be considered by the Senate in February.
Each proposal contains a combination of the following elements: (1) a
guest worker program; (2) stricter immigration enforcement; and (3) an
expansion of the employment-based immigration system.
The guest worker program is, by far, the most controversial part of the
package. To President Bush and its Congressional proponents, a guest
worker proposal is simply a way of creating a procedure to allow U.S.
companies to continue to employ millions of foreign-born workers to fill jobs which American choose not to perform.
Opponents of a guest worker program maintain that if employers simply
raise their wages, American workers will do any job. Call me a "doubter".
Our unemployment rate has been hovering around 5% for over a year. Yet,
the Wall Street Journal recently ran an article about lettuce growers who,
unable to harvest their crops, raised their rates to over $10 per hour. A few
Americans applied, but none lasted more than a few hours. How many of the
unemployed are willing and able to perform stoop labor in rural valleys?
The opponents of a guest worker program refuse to vote for any program
which looks like an "amnesty". Chairman James Sensenbrenner (R-WI) of the
Subcommittee on Immigration in the House of Representatives puts it
simply: "A guest-worker program that applies to illegal aliens already here is an amnesty." Representative Sensenbrenner and over one hundred Republican Congressman in the House of Representatives are against any "amnesty". Since Chairman Sensenbrenner will be the chief House negotiator in any Senate-House Conference Committee on an immigration reform bill, this spells trouble for any guest worker program.
If the guest worker program does not include the 10 million plus
illegal workers who are presently in the U.S., there is not the slightest
possibility of either regularizing their immigration status or of deporting them.
That is simply a fact, and building a huge fence on Mexico's border (no one
ever suggests doing so along the Canadian border) with the U.S. will simply
discourage illegal workers in the U.S. from returning home to visit
their families. Also, it does nothing to stem the influx of illegal workers
who enter the U.S. with visas and then overstay. Those in Congress who
think that by criminalizing these people the problem is solved are kidding
themselves and their constituents.
The real solution is to look reality square in the face, and fashion a
solution which will penalize illegal workers, but, at the same time, allow them
to participate in a guest worker program that will eventually result in
them becoming permanent residents of the U.S. Unless there is a light at
the end of the tunnel for them, what is the incentive for them to come out of the shadows and register for the program? The McCain-Kennedy bill contains such a program.
At least one ex-INS prosecutor (The one who writes this newsletter)
knows that the government cannot solve the illegal alien problem by wishing it away, or by an enforcement-only approach. Ten years after President Clinton enacted a "get tough" at the border policy, the number of illegal workers in the U.S. has more than doubled. Congress must realize that, in the post-9/11, world, the United States simply cannot afford to have 10 million persons in the U.S. who are unknown to the government. Every citizen should write to his Member of Congress and tell them that he/she wants these people identified, fingerprinted, registered with the government, paying taxes and learning English.
Whether or not the Congress enacts a guest worker program, the United
States has another immigration problem that needs to be solved, and solved
now. Our country is educating less scientists, engineers, doctors and nurses
than we did when I graduated from law school in 1973. In the meantime, countries in Asia are graduating far more of these professional workers than does the U.S. Fortunately, many of these professional workers have been supplementing the U.S. workforce for the past 30 years. Unfortunately, during the past year, huge backlogs in our immigration system have developed, and many of the best and brightest of these professionals are choosing to stay at home. This does not bode well for our security and our industries.
Our country is losing its manufacturing base. For example, the U.S.
automobile industry is firing tens of thousands of U.S. workers and G.M. and Ford are edging ever-closer to bankruptcy. Why? Because the American public is choosing to buy automobiles produced by Japanese and German companies.
Fortunately, thanks to the immigration of tens of thousands of Indian
and Chinese engineers to the U.S., the top software, chip makers and
biotech companies are still located in the U.S. But with our outdated
immigration laws making it increasingly difficult for U.S. employers to hire talented foreign- born scientists and engineers, how long can America maintain its dominance in these industries? U.S. employers can vote with their feet the same as U.S. consumers. Make it impossible to bring a sufficient number of foreign-born engineers to the U.S., and Microsoft and Intel and other top U.S. companies will simply locate their new plants and hire their new engineers not in the U.S., but in India and China.
Most of the bills pending before Congress would increase
employment-based immigration to 290,000 annually. This would help insure that our country maintains its number one position in science and technology.
employment-based immigration to the United States.
Comprehensive immigration reform proposals by Senators McCain and
Kennedy, Cornyn and Kyl, Hagel and Specter will be considered by the Senate in February.
Each proposal contains a combination of the following elements: (1) a
guest worker program; (2) stricter immigration enforcement; and (3) an
expansion of the employment-based immigration system.
The guest worker program is, by far, the most controversial part of the
package. To President Bush and its Congressional proponents, a guest
worker proposal is simply a way of creating a procedure to allow U.S.
companies to continue to employ millions of foreign-born workers to fill jobs which American choose not to perform.
Opponents of a guest worker program maintain that if employers simply
raise their wages, American workers will do any job. Call me a "doubter".
Our unemployment rate has been hovering around 5% for over a year. Yet,
the Wall Street Journal recently ran an article about lettuce growers who,
unable to harvest their crops, raised their rates to over $10 per hour. A few
Americans applied, but none lasted more than a few hours. How many of the
unemployed are willing and able to perform stoop labor in rural valleys?
The opponents of a guest worker program refuse to vote for any program
which looks like an "amnesty". Chairman James Sensenbrenner (R-WI) of the
Subcommittee on Immigration in the House of Representatives puts it
simply: "A guest-worker program that applies to illegal aliens already here is an amnesty." Representative Sensenbrenner and over one hundred Republican Congressman in the House of Representatives are against any "amnesty". Since Chairman Sensenbrenner will be the chief House negotiator in any Senate-House Conference Committee on an immigration reform bill, this spells trouble for any guest worker program.
If the guest worker program does not include the 10 million plus
illegal workers who are presently in the U.S., there is not the slightest
possibility of either regularizing their immigration status or of deporting them.
That is simply a fact, and building a huge fence on Mexico's border (no one
ever suggests doing so along the Canadian border) with the U.S. will simply
discourage illegal workers in the U.S. from returning home to visit
their families. Also, it does nothing to stem the influx of illegal workers
who enter the U.S. with visas and then overstay. Those in Congress who
think that by criminalizing these people the problem is solved are kidding
themselves and their constituents.
The real solution is to look reality square in the face, and fashion a
solution which will penalize illegal workers, but, at the same time, allow them
to participate in a guest worker program that will eventually result in
them becoming permanent residents of the U.S. Unless there is a light at
the end of the tunnel for them, what is the incentive for them to come out of the shadows and register for the program? The McCain-Kennedy bill contains such a program.
At least one ex-INS prosecutor (The one who writes this newsletter)
knows that the government cannot solve the illegal alien problem by wishing it away, or by an enforcement-only approach. Ten years after President Clinton enacted a "get tough" at the border policy, the number of illegal workers in the U.S. has more than doubled. Congress must realize that, in the post-9/11, world, the United States simply cannot afford to have 10 million persons in the U.S. who are unknown to the government. Every citizen should write to his Member of Congress and tell them that he/she wants these people identified, fingerprinted, registered with the government, paying taxes and learning English.
Whether or not the Congress enacts a guest worker program, the United
States has another immigration problem that needs to be solved, and solved
now. Our country is educating less scientists, engineers, doctors and nurses
than we did when I graduated from law school in 1973. In the meantime, countries in Asia are graduating far more of these professional workers than does the U.S. Fortunately, many of these professional workers have been supplementing the U.S. workforce for the past 30 years. Unfortunately, during the past year, huge backlogs in our immigration system have developed, and many of the best and brightest of these professionals are choosing to stay at home. This does not bode well for our security and our industries.
Our country is losing its manufacturing base. For example, the U.S.
automobile industry is firing tens of thousands of U.S. workers and G.M. and Ford are edging ever-closer to bankruptcy. Why? Because the American public is choosing to buy automobiles produced by Japanese and German companies.
Fortunately, thanks to the immigration of tens of thousands of Indian
and Chinese engineers to the U.S., the top software, chip makers and
biotech companies are still located in the U.S. But with our outdated
immigration laws making it increasingly difficult for U.S. employers to hire talented foreign- born scientists and engineers, how long can America maintain its dominance in these industries? U.S. employers can vote with their feet the same as U.S. consumers. Make it impossible to bring a sufficient number of foreign-born engineers to the U.S., and Microsoft and Intel and other top U.S. companies will simply locate their new plants and hire their new engineers not in the U.S., but in India and China.
Most of the bills pending before Congress would increase
employment-based immigration to 290,000 annually. This would help insure that our country maintains its number one position in science and technology.
more...
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willwin
08-08 09:27 AM
I have the same question as I think, it is not possible. How can you re-apply for the same job you are in currently, in EB2?
If the job required a EB2 or EB3 but EB3 was filed earlier. Is that possible?
If the job required a EB2 or EB3 but EB3 was filed earlier. Is that possible?
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desi3933
08-21 10:33 AM
We should write a letter to USCIS director & DOS(Oppenheim) copying Rep Lofgren etc. basically the content should say that any unused visa should be given to the oldest PD irrespective of Country/Category...
>> any unused visa should be given to the oldest PD irrespective of Country/Category...
What is the legal basis to back this claim? Probably this should be included in the letter as well.
_____________________________________________
Proud to be an Indian-American and Legal Immigrant
>> any unused visa should be given to the oldest PD irrespective of Country/Category...
What is the legal basis to back this claim? Probably this should be included in the letter as well.
_____________________________________________
Proud to be an Indian-American and Legal Immigrant
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485Mbe4001
05-17 03:02 PM
I got an RFE asking for my "Education Board Certificate". I was told that it is 10th or 12th pass certificate. Its been a long long time since i passed. Does anyone know or has any experience on getting a duplicate from CBSE Delhi?
Is there any workaround, i have US masters and they still need a 10/12th pass certificate.
Is there any workaround, i have US masters and they still need a 10/12th pass certificate.
H1BGCWait
06-21 03:18 PM
Can USCIS stop accepting applications mid month without any notice. From the posts above, it would seem so. Everywhere else, I hear USCIS will accept applications till July 31 (with respect to July bulletin).
Any information????
Any information????
ghost
04-06 08:31 AM
always amazes me how so many folks depend upon these immigration attorney websites and get disappointed...we are better off supporting IV advocacy and get first hand information on what is going on in DC, USCIS and DOS.
This is not the first time and I'm sure it won't be the last time these AILA folks generate sensational news! Help IV to help you!
This is not the first time and I'm sure it won't be the last time these AILA folks generate sensational news! Help IV to help you!
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